Collusion

• Lane Cove Council, Department of Planning, Sydney North Planning Panel, Australian Unity and Independent Assesor colluded to gain consent of DA 117/17 266 Longueville Rd which had been rejected by SNPP on 28^th May 2020 (through a Site Compatibility Certificate (SCC)); to crystalise $32m profits for Lane Cove Council. It involved, All parties altering their position, with unfounded spurious grounds; despite no change whatsoever to the DA or surrounding environment.
  • SNPP revokes its SCC dated 28/5/2020 which rejected the DA without reason.
  • DoPE changes its recommendation in the SCC assessment report dated May 2020 on spurious grounds that the SCC conditions imposed were specific to the DA; which they aren’t. And by issuing an unendorsed uncontrolled document titled the SCC addendum report.
  • LCC ignores restrictions defined in its site-specific Development Control Plan and its previous concerns documented in the SCC assessment report. It provides spurious unfounded information on visual impact which contradicted the visual assessment provided in the DA.
• All parties colluded to rush the approval through in full knowledge that the DA was unsuitable for Seniors living and aged care. The new SEPP 2021 (Housing), which was in draft form and incorporated the outcomes of the Royal Commission for Age Care; deemed this DA unsuitable for seniors living, making the development of this property for seniors living unviable,
  • Additional FSR restricted to 25% which resulted in a permitted FSR of 1.375 : 1 (instead of the DA 1.6:1).
  • At the meeting, one of the SNPP panel members raised that it does not comply, and another member had authored a publication on the draft SEPP on the 13 Aug 2021.
• Further evidence of collusion is that,
  • LCC commenced demolishing the building on the property in June 2021, after the SCC of May2020 was revoked, but well before the SNPP determination on 6^th Sept 2021.
  • The Independent assessors supplementary report dated 4^th August 2021, had no consideration of the draft SEPP (housing) 2021 which reduced the additional FSR permitted for seniors living; despite it being exhibited on the 31^st July 2021, and a statutory requirement by EPA ACT 1979 sect 4.15 (1).(a).(2).   

Ministers and Members of NSW government

• The Minister for Planning and the Representative for Lane Cove acted with negligence and are complicit; as they ignored the issues repeatedly raised with them by the public, from the moment the SNPP revoked its SCC raising integrity and consistency concerns.

Lane Cove Council

• Lane Cove Council provided unsubstantiated false information, which lead to an unjust determination by SNPP (letter dated 18/3/2021 from LCC to DoPE).
• Lane Cove Council coerced the DoPE and acted with a conflict of interest, when it requested height restrictions imposed to be removed, “and any other amendment to facilitate the development as proposed” (letter dated 18/3/2021 from LCC to DoPE); despite an independent assessor having already been appointed.
• When the $32M lease was in jeopardy, Lane Cove Council stacked the decision-making process, so as to reverse the rejection of the DA, by,
  • Continuing with the Independent Assessor who was on the Lane Cove Local Planning Panel, and did not have an arms-length separation with the council, despite, the SNPP rejecting his recommendation on 11/7/2018 and public opposition to his continuing with the role.
  • Appointed 3 new members to the SNPP on 16/11/2020; the Executive Manager Environment Services resigned and was immediately appointed to the SNPP, and 2 other appointees where subsequently assigned to the panel making the determination, one of which was also on the Lane Cove Local Planning Panel.
• Lane Cove Council has disenfranchised the community of Lane cove by,
  • Shutting down the Commissioner Eric Armstrong public hearing (March 2014) on re-zoning crown community recreation land.
  • Selling / leasing community recreational land against the will of the community.
  • Assigning a $32M lease without, a council resolution, tender process and concealed from the public, at a loss of an approximately $15M unaccounted for (based on Valuer General assessment of surrounding land value uplift of 50% for the period 2019 - 2022).
  • rejecting information request through the GIPA process relating; dispute with Australian Unity, and assignment of lease to Longueville The Village Pty Ltd
  • Holding closed council sessions to conceal information from the public.
  • Holding off exhibition of Pathways modification application received in October 2022, until the Christmas holiday period, and only notifying residents within 100m of the site, despite having a full list of all objectors to the DA across the whole of the LGA. (Note: Similar period was chosen for the sports and recreation centre)
  • Altering dates of lodgements of various documents on the council website.
  • Losing online submissions opposing the DA from 13 June 2018 . It is suspected that the council marked the online website tool as spam due to the high volume of objections submitted using it. All other parties targeted, continued to receive the submissions.
  • Conceiving major incompatible projects driven by questionable interests; that are opposed by the community and threaten to bankrupt the council; while unable to deliver its basic functions such as maintain the local streets and golf course.

Department of Planning and Environment

• Department of Planning NSW under coercion, systemically facilitates fraudulent uncontrolled assessment documents where it does NOT support nor endorse the content, by giving them a title similar but different to the controlled documents in their procedures. These documents may or may not be created by the department,
  • The DoPE did not support the content of the SCC addendum report (May 2020) because its SCC assessment report (May 2020) analysis fully supports its recommendations to reject the DA. Also, it was just about to exhibit draft legislature (Draft SEPP 2021 on housing exhibited on 31/7/2021), which clearly deemed this DA unsuitable for Seniors living and aged care, irrespective of location; due to Floor to Space Ratio (FSR) limitation (sec 99.(2).(a).(ii)).
  • The 2 previous SCC assessment reports for this DA were each endorsed by 2 members of the staff, while the 3^rd assessment is titled SCC Addendum report, instead of SCC assessment report; has no authentication, and has artifacts not in the DA, likely created using the applicants design tool.
  • The SCC addendum report is one of 2 examples, from a sample of 8 most recent SCC assessments investigated in the Sydney North region.

Sydney North Planning Panel

• The Sydney North Planning Panel gave consent to DA 117/17 266 Longueville Rd, in full knowledge that the DA was unsuitable for Aged Care and Seniors living; and did not comply with the final draft of the SEPP 2021 (Housing) legislature which incorporated the outcomes of the Royal Commission into Aged Care Quality and Safety.
  • One member of the panel had published a review of the draft legislature.
  • Another member raised the matter at the public meeting.  
• Sydney North Planning Panel is open to corruption and coercion; and pre-determines outcomes to facilitate this. The panel members are fully aware of this, and those unwilling to be complicit; choose to declare a possible conflict of interest. The extent to which this practice occurs, should be confirmed through questioning past and present panel members.
  • In this case, the chairman of SNPP chaired the 1^st meeting on 11/7/2018, where the decision was deferred; but declared a possible conflict of interest for the final decision.
  • Lane Cove Council started preparing the property for lease in June 2021, after the SNPP revoked the SCC of May 2020 which imposed the height controls, but well prior to the SNPP determination in September 2021, supporting the view that approval had already been signalled.
• Sydney North Planning Panel is open to coercion to depart from planning considerations to the extent of,
  • Approving rejected Development applications.
  • revoking their own imposed restrictions
  • Jeopardizing the safety of future seniors’ residents
  • Inflicting financial and emotional impact to surrounding residents, who are fully aware of the compromised determinations, but have no right of merit appeal.
• Sydney North Planning Panel ignoring the public interest was a dereliction of duty defined in EPA 1979 – SECT 4.15 (1).(e).
  • The Independent assessor reports show that the public strongly opposed the DA and the notion of building seniors’ units on recreation land with 480 submissions opposing and 3 supporting.   
• Sydney North Planning Panel took actions to coverup corrupt actions, by
  • Splicing sections of the public meeting held on 1^st Sept 2021.

Independent Assesor Montgomery Planning Solutions

• The Independent assessor acted with negligence or bias, by not including the impact of the draft SEPP (Housing) 2021 in the assessment report for this determination, as required by
  • EPA 1979 – SECT 4.15 (1).(a).(ii) any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Planning Secretary has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved).
  • The draft was open for public consultation on 29^th July 2021, and the SNPP hearing was on the 1^st September 2021.
• The Independent assessor acted with negligence or bias, by not including the impact of the findings of the Royal Commission for Aged Care Quality which was tabled on 26/2/2021 as required by EPA 1979 – SECT 4.15 (1).(e) Public Interest. A significant recommendation is that Aged care facilities should be small to medium sized, and that the government should focus and fund development of such facilities.  
• The independent assessor acted with negligence or bias, when it omitted pertinent information, such as assessing the impact of non-compliance; when asked to assess the impact of the draft SEPP 2021 (housing). On memo dated 3^rd Sept 2021 it provided information on section 99 without an assessment of impact of the reduced allowable Floor to Space Ration (FSR).
• The independent assessor acted with negligence or bias, when it advised that no further public exhibition was required prior to the SNPP public meeting; for the obsolete DA lodged and exhibited over 24 months previously. It enabled the matter to be rushed through prior to the new legislature, which would deem this DA unsuitable for seniors living. This is despite the following publications having occurred since last exhibition,
  • two SCC assessment reports issued by DoPE.
  • two SCC certificates issued by SNPP.
  • A new planning statement by the applicant.
  • The Royal Commission into Aged Care Quality and Safety report was issued (26/2/2021)
• The Independent assessor, whose credibility was questioned at the public meeting; provided false information to the panel, when it states in his memo dated 3^rd Sept 2021, that the draft SEPP (Housing) 2021 issued on 28 July 2021, was issued 8 days after the Council Supplementary Report was finalised. However, the Council supplementary report is dated 4^th August 2021 after the draft SEPP was on exhibition. In any event the report should have been updated prior to the SNPP public meeting on the 1^st September 2021.