This complex case entailed a merits appeal in the Land & Environment Court against approval of a very large-scale road and rail freight terminal on former Defence Department land between Casula, Moorebank and Wattle Grove. The project was initially approved by a Planning Assessment Committee, but it was revealed that the PAC was not given all relevant ecological evidence when it made that decision. The Critically Endangered herb, Hibbertia fumana, which was previously believed extinct, was rediscovered on this site prior to the PAC’s approval. Several other rare and threatened plant species are present, along with several threatened ecological communities. Not all of the occurrences of those species had been recorded on the site by three consultancies over at least ten years. Issues related to their conservation and the adequacy of the proposed offset area, inclusive of concern about its fragmentation by current and proposed infrastructure, and about cumulative impacts of the staged development.
The Court approved the project after significant alterations that included removing a disused rail line and remediating and revegetating that area. The Court also imposed additional conditions of consent that largely related to improving ecological outcomes. However, my concerns about the viability of the ecological offset area were sadly vindicated soon after the judgement when that area was subject to arson and high intensity fire that caused a bushfire emergency.
bounded by a major road, the new industrial area, a suburb, and a rail line. It is difficult to see how it can be properly managed for conservation given the recurrent risk of arson or accidental ignition, and the need to manage bushland in that context mindful of adjoining land uses.
