Redbank

Further delays to the Grose River Bridge should make you cranky

https://youtu.be/FuF-kUkjoSY

The Redbank project, and associated wrangling over the promised Grose River Bridge crossing goes all the way back to 2008.

So if you're angry or confused about why it seems that this infrastructure keeps receding to the horizon, then I'm with you.

Why is it taking so long? And why, after this week’s Council meeting, is it going to be delayed even more?

Here's what you need to know. This video lays out the timeline of this issue.

I have been on about this issue for this entire term of Council.

From 2016:

https://councillorzamprogno.info/2016/10/15/about-the-redbank-development-at-north-richmond/

And 2017:

https://councillorzamprogno.info/2017/04/10/about-the-grose-river-bridge-and-the-redbank-development/

 

 


Grose River Bridge crossing map

About the Grose River bridge and the Redbank development

Grose River Bridge crossing map

Today, I’m writing about the proposed bridge across the Grose River that forms part of the deal struck when the Redbank development was approved at North Richmond.

First, I’ll repeat something I’ve said before: If I had been on Council when the Redbank development at North Richmond was put up, I wouldn’t have voted for it. It worsens the congestion at North Richmond and across its bridge. The scale of the development was not compatible with the area, and the rural landscape created by the keyline dams scattered across the Peel property were better preserved as open space.

However, my current Liberal colleagues on Council are correct when they say that there was one thing that made Redbank compelling, and that was the provision of a new bridge across the Grose River, entirely at the developer’s expense.

I want to dispel some misunderstandings about where things are at. Councillors received a briefing on this matter just a few days ago. Our deliberations should always be led by the official reports that come to us in the lead up to a vote, but there’s incorrect information circulating in the community and the need for other tiers of government to be equally engaged with us makes this commentary worthwhile.

The Redbank developer signed what’s called a “Voluntary Planning Agreement” (a VPA) in August 2014. The VPA can be accessed here. The co-signatories were Hawkesbury Council and the RMS. The most significant obligation this VPA conferred was the provision of a “Multispan bridge, approach roads and intersections for crossing at Yarramundi of Grose River”, which would have to be approved by the time the 341st lot was sold. This threshold will be met by about March 2018, based on the current rate of lot sales.

The developer has taken out large advertisements in local papers declaring this approval is “stuck” in Council and “may take years to resolve”.

Redbank river crossing gazette ad

This simply isn’t true. The developer was given a choice about the mechanism by which the approval process for the bridge could proceed. They were advised about what would be required at a meeting in July 2015. They lodged a D.A. in April 2016, and then nominated to have the mechanism changed to what’s called a “Part 5” process only in August 2016. This was exhibited until September 2016 and is ongoing. There are a couple of documents outstanding, including a Crown Lands Merit Assessment. The necessary document for Approval to be considered by Council will be a revised Plan of Management, which could be available by late 2017 or early 2018 – in time for the lot threshold defined by the VPA.

It’s worth noting that this VPA also included a lot of other benefits to the community that have already been delivered, such as $2.5M to upgrade Bells Line of Road, Grose Vale Rd, the Terrace, Old Kurrajong Rd, Yarramundi Lane, Bosworth St and March St. It will also deliver 15 bus-shelters, concrete paths in Peel park, $1.35M to upgrade North Richmond Community Centre, the dedication of land with utilities for a future Child Care centre, and maintenance of all open space for five years prior to dedication of the land to Council into perpetuity. Not a bad outcome!

The developer now says that they would prefer to see a sum of $24M given over to “Council and RMS” to build the bridge themselves. But the reality is that only 5% of the money would come to Council, and that the RMS will not build the bridge with the money. RMS would be constrained to put the money towards “other improvements” to state roads between Richmond and North Richmond, but at time of writing, they have no projects to which the money could be profitably put. It is unlikely the Grose River bridge will cost only $24M to build, so why let the developer off the hook so cheaply? The developer has to supply the bridge regardless of the cost.

Similarly, there is a fantasy going about that taking this money will make a “third crossing of the Hawkesbury” happen all the sooner. This just won’t happen. The cost of duplicating North Richmond bridge is north of $200M. There is no connection at all between this bridge proposal and the widespread calls (including those of me and my Liberal colleagues) for a third crossing. It has no bearing on the merits of the now-advanced plans to replace the bridge at Windsor, and the Grose River bridge has never been advanced as being “the third crossing” that is needed. To be sure, it is a third crossing, but it’s not a crossing of the Hawkesbury River.

The developer’s advertisements make it seem like this clause to hand over money in lieu of building a bridge is something they can do unilaterally. They can’t. Nor can they "demand" that someone else build the bridge in their stead. And it’s not like the $24M is sitting in their bank account and burning a hole in their pocket. If the handover option was consented to, the money would trickle in based on future lot sales and could take over a decade to pay down. It's a bum deal, and we'd be fools to take it.

It is against this backdrop that the current political debate is unfolding. A Facebook group titled “Hawkesbury Needs a Third Crossing” seems absolutely bent on opposing the Grose River crossing, which is “a” third crossing, and that strikes me as perverse. CAWB would willingly conflate the debate about the Grose River crossing with the current plans to replace Windsor Bridge, when they aren’t even remotely related. Others will claim that because the Redbank development was a matter that came before ICAC, the whole development is “tainted”. Three of the four Liberal Councillors, including myself, weren’t even around when that was approved and as unsavoury as that episode was, the claim does nothing to negate the advantages of having the bridge built now that Redbank is a reality.

What this boils down to is that the contractual obligation to build a bridge over the Grose River is the thing, the biggest thing, that made Redbank even remotely palatable. If Council decided to knock back the bridge, it would be cutting its nose off to spite its face. It would be refusing the major community benefit that flowed from the Redbank development, and it would be making a decision for largely political reasons.

Our Mayor recently released a “FAQ” statement that repeated some of the clarifications that I’ve just laid out. These statements, bar one, were agreed to by all the Councillors as necessary to clear up the confused discussion after we were briefed on the matter by Council staff. It was not, as one facebook commenter breathlessly declared a case of “In a grubby political river of misinformation the Mayor shines a light on the FACTS!!!” Please...

The Liberal Councillors fully supported the suggestion that Council rebut some of the claims the developer put in their advertisements. However, and unhelpfully in my view, the FAQ defensively reacts to the accusation that the “Non Liberal Councillors are holding up the bridge.” Neither me nor my Liberal colleagues have made that claim. What I have said is that, from this point forward, if Council is the body which determines the fate of the bridge, then most certainly its fate lays with the non-Liberal Councillors, who are a clear majority in the chamber.

I and my fellow Liberals took support for the Grose River bridge to the September 2016 election as a key plank of our campaign. Here it is on our election handout material…

It is also true that there are other Hawkesbury City Councillors who have expressed their trenchant opposition to the Grose River bridge. I don’t name them here because it is for them to make their own public statements on their position. But make no mistake: The decision is very much in the balance! My recommendation is for members of the public to hold the feet of all Councillors, Liberal and non-Liberal alike, to the fire and to make them state their position on the bridge clear to the community. We have. It is not enough to hide behind process and say that they aren’t prepared to say anything until a report comes to Council that’s about to be voted on. This is an agreement that Council, the Developer and the RMS inked nearly three years ago to do a certain thing. There’s plenty of information in the public domain, and which they should be across. Do they support this bridge or not?

It is my view that the vast majority of Hawkesbury residents, and especially those who endure the torturous ordeal of North Richmond traffic day in and day out, can’t wait to see this bridge built. They recognise that it’s not a complete fix (it will reduce the traffic across North Richmond Bridge by over 30%), but more significantly, it’s costed, timetabled and ready to go. Hawkesbury Council is doing its own part to prepare the necessary approvals for consideration by Councillors in early 2018. Hawkesbury residents west of the river understand that the best solution, even a partial one, is one that arrives within their lifetime, and is already paid for. If the non-Liberal councillors have seen the extensive information to hand, are not prepared to back the proposal, they should say so clearly.


About the Redbank development at North Richmond

redbank-plan-with-open-space
An image of the RSL Kingsford Smith village layout, still available on their website today, advertising open space on the subject lands (the green area near the words "retirement living")

Last Tuesday was the first public meeting where we new councillors addressed regular council business. It went from 6:30pm until well after midnight, owing to the backlog of matters created by the election, and a helping of deferred matters gifted from the previous council.

I remarked at the meeting that this was a baptism of fire, as immediately before us was arguably one of the most contentious issues facing the new council: The Redbank development at North Richmond. The specific item before us on Tuesday were ten blocks in an area called "The Gallery" which back on to the RSL Retirement village. The retirement village residents objected that they had secured their houses in the belief that the land behind them would be left as empty space. They also objected on the grounds privacy, drainage and noise, given that the land slopes upward behind them and a retaining wall has been constructed.

The previous week I had inspected the site and, despite arriving unannounced, the site manager Scott was gracious in receiving me and showing me around. I also spoke to various residents living in the RSL village in Catalina Avenue, who showed me the promotional material the RSL offered them. It did indeed show a layout of the Redbank site with the land in dispute left open-- such as the image at the header of this post.

The recommendation from Council staff was to approve the subdivision -- or rather to ratify it, since we were told that the blocks had been sold and the new owners were waiting to build. I was informed that the original approval body of this part of the subdivision was not Council, but a State body called the JRPP (Joint Regional Planning Panel), who take planning decisions out of the hands of Councils if the value of a development is over $20 million.

Meantime, the deferral of this matter by the previous council was taken as a deemed refusal and the developers had commenced litigation in the Land and Environment Court. If the litigation proceeds, legal costs could be considerable to council.

I expressed my anger at the meeting that the JRPP did not take up the issue of why the development they were asked to approve in early 2014 was at such variance with the prospectus offered RSL village purchasers. The village residents have every right to be aggrieved that the material was misleading. My understanding is that the RSL have acknowledged this and have offered the residents the option to move and gain a refund. But surely this is cold comfort for many of those residents who have considerable sunk cost in their new homes and who probably regarded their last move of house as their last.

To determine who has perpetrated a deception on whom is not simple. I believe the testimony of the residents when they say that they were given an indication that the land would be open, both in terms of the brochure they showed me, and verbally. I disagree with the statement in the Council business paper which says

"Investigation from Council staff has not found evidence that sales person's advice had made this claim [that the land would be left open]"

However, on the other side, there are other factors which should be taken into account:

  • The land was always zoned for potential subdivision, and the residents should have known that this was a permitted and likely use of that land when they bought adjacent to it.
  • The residents bought-in after the Redbank development was approved (I'm awaiting definite dates here, but the developer says the JRPP approved it in early 2014 and the date one resident quoted me for their settlement was August 2014), and their solicitor could have found out the subject land was sub-dividable (but there is the legitimate riposte that they had received a verbal undertaking that the land would be free and did not think to check).
  • The material which misled them was produced by RSL Lifecare, and the developers of the subject properties on Tuesday's D.A's are an unrelated party, and that recourse should be made by the RSL.
  • That a complaint was made to Fair Trading about the deceptive promotional material, but that at this stage, the claim has not been upheld. I disagree, and would encourage the residents to pursue those avenues of appeal that Fair Trading indicated.
  • That the developer's right to build on the lots approved by the JRPP is probably strong and a court case will be unlikely to negate it, but will be costly.

After balancing these concerns, I voted to approve the subdivision, but remarked that we metaphorically had a gun to our heads. I wasn't happy about it, but felt we had to do it. I didn't believe deferring or refusing it would alter the outcome, as regrettable as it is for the residents of Catalina avenue.

I am heartened, however, to hear that related issues concerning noise, drainage, and the screen planting between the fence and the retaining wall are all matters the developer is still happy to address with the residents as the matter comes to conciliation in the court.

The residents are entitled to think that the whole system has failed them. From their perspective, the RSL misled them and offered a remedy unpalatable to them. The JRPP should have been where the difference between the RSL prospectus and the developer's request  were questioned, but weren't. The matter was dumped in the old Council's lap and then deferred to the new Council, who have again deferred it.

If the entirety of the Redbank decision had been mine to make years ago, I would have said no. However, that is a whole other question. On Tuesday, I was focused on the application before me, and nothing else.

As one of my worthy colleagues said during the meeting: "This is an example of how not to do things". I agree.