We refer to Application No: 8/2020/209991
Property Lot 1622 Broke Road Pokolbin NSW 2320
Please find following details regarding omissions, errors and requirements pertaining to the above mentioned integrated development proposal.
Reference is given to “Statement of Environmental Effects” produced by WPP Planning and Property December 2020.
Section 2.1 The site and context. “The site is located in a rural setting… to the east, much of the land has been cleared, however to the west, as the land rises towards the Brokenback Ranges and Pokolbin State Forest, the land is heavily vegetated and unimproved”. This information is incorrect in terms of direction and omits our residence which adjoins 1622 Broke Road, and the context contained within.
WPP Planning and Property are incorrect, and should have stated that to the west of 1622 Broke Road Pokolbin is our adjoining residence of 1620 Broke Road Pokolbin. Therefore the proposed development of the spa with its opening (non- enclosed part of the structure) faces directly to our property and the noise generated by these guests will impact our lives and also the wellbeing of our livestock. This noise pollution is already currently experienced by us when guests are on the decks of their accommodation and on the front lawns near the dam.
All other directions of South, East and North are as a result also inaccurate as per WPP Planning and Property.
Section 2.2 Site Characteristics. “Improvements to the site include”:
• Boundary fencing? There is no construction of a boundary fence on the western side which adjoins our property and the tourist accommodation located on 1622 Broke Road Pokolbin. The owner has not undertaken this task as part of “improvements” to his property.
The only boundary fence currently under construction between the two adjoining properties is a solid hard wood fence which we are building on our property in accordance with council regulations. The location of construction occurred as a result of a qualified surveyor attending our property. Between our property boundary of 1620 Broke Road Pokolbin, and 1622 Broke Road Pokolbin, there exists 20 metres of land which is not owned by either party. It would be evident by a site visit by WPP Planning and Property, the owner of 1622 Broke Road Pokolbin has not erected a boundary fence to the west which would ensure that his guests do not trespass on our property.
Historically when we have complained regarding the constant trespassing of his guests on our property to the owner, the site manager etc., have done absolutely nothing to prevent trespassing from occurring. (Should you require documentary evidence of these occurrences please let me know and I will email them to you).
I mention the lack of a boundary fence on 1622 Broke Road for two reasons. Firstly, the omission of a boundary fence results in accommodation guests constantly trespassing on our property. When this issue has been raised in the past with the tourist accommodation owner and his staff, there eventuated a total lack of dealing with the issue. This current situation significantly impacts our lives and our livestock’s lives as a result of trespassing on our property and which has also led to very dangerous situations with our horses. Tourist accommodation guests climb through our existing post and rail fencing to pat and feed our horses without our permission. At this point, I do not need to state the serious and dangerous potential accidents which could occur from such activities.
Secondly, historically due to the tourist accommodation owner’s total inaction pertaining to his guests trespassing, any future noise and visual issues generated by his guests as a result of the construction of spas, will also lead to a total lack of action by the owner, as a result of the proposed spa construction.
Please note the hard wood solid fence we are building on our property boundary is our attempt to ensure that our livestock and us are not affected by the tourist accommodation activities. Unfortunately however, the fence cannot be built high enough, and nor does it create a sound proof barrier from guest’s noisy activities (noise pollution) on the adjoining property which in the past has stressed our horses and caused them to run the fence line. This behaviour effects their long term wellbeing, can cause accidents such as running through fences and causing catastrophic injuries. This current situation has been discussed with various attending vets to our property.
Figure 2 Aerial Overview topographical survey is visually inaccurate as submitted by WPP Planning and Property. Unfortunately all maps as held by various government agencies are inaccurate. This has been proven by the physical attendance of surveyors on both our properties.
Section 3 As per Figure 4 “Extent of Works, Decks” and Figure 5
Rendered image, we note that the front view, which is not enclosed faces the west, i.e. in our direction. Due to the topography of our properties, guests which are outside on the deck areas, and the front lawn are heard by us and our livestock, and the noise level is unacceptable.
In addition we live in a zoned RU4, and we have direct visual site of the proposed location of the development of the spa’s. We do not need to be subjected to tourist accommodation guests in various states of undress as a result of them using the spa facilities.
Section 4.1.1.2 Section 4.15 Evaluation Table 1
b) the likely impacts of that development including environmental impacts on both the natural and built environments………. Please refer to our earlier mentioned concerns in Section 3 above regarding noise pollution, and the already existing noise that both our livestock and us to which we are subjected.
Section 4.2.2.1 Land use zone and zone objectives which states, “to minimise conflict between land uses within this use and land uses within adjoining zones”. There is conflict between land uses with adjoining properties. As previously discussed the tourist accommodation business which adjoins our property, offers no consideration in terms of guests trespassing on our property (illegal trespassing) and noise pollution as generated by its operation. This situation seriously effects not only our lifestyle but also the physical well-being of our live stock in causing them to run the fence line and stressing them. As a result this situation directly contravenes the extract stated in this section.
Section 4.3.1 Part D Purpose Built Rural Tourist Accommodation. Point 4.5.1. Please see section 4.2.2.1 for comments which also relate to this section.
Section 4.5 Suitability of Site “the likely impacts of the proposal on the surrounding environment will be minimal and inconsequential”. We dispute this comment as clearly explained in earlier sections of this correspondence submitted to you regarding noise pollution, visual effects, effects on our lifestyle and also the wellbeing of our livestock.
Section 4.6 The Public Interest
“therefore the benefits of approving an addition to an existing dwelling outweigh any disadvantage and, as such, the proposed development will have an overall public benefit and therefore approval is thought to be in the public interest”. Quite frankly there is no “public interest” pertaining to the proposed development, it’s called generating a profit for the tourist accommodation owner who takes no responsibility for the activities and behaviour of his guests when they cause issues for neighbours. As a result we are meant to just suffer in silence and just deal with it, regardless of what effects his operational activities have on the well- being of our livestock and also our lifestyle. Both 1620 and 1622 Broke Road Pokolbin are zoned RU4 Primary Production Small Lots, where land use is subjected to “intensive plant agriculture (viticulture), extensive agriculture and tourist and visitor accommodation. Our property is using the land as part of “agricultural activities” and as such our operations which include the existence of livestock should not be affected by adjoining property activities. Tourist/accommodation activities should not be of greater importance than agricultural activities. Agricultural activities have historically enabled the Pokolbin region to exist and further develop to the current day.
We would like to draw your attention to the following document
“Cessnock Development Control Plan, Part E Specific Areas E.3: Vineyards District”
Specifically Section 3.10 “an assessment should be made of any impact the proposed development will have on surrounding land uses. Consideration of surrounding viticultural and agricultural activities is vital so that the operators are not forced to modify their practices”…… What to do…. Identify potential impacts relating to noise” When there is noise from the neighbouring tourist accommodation which stresses our horses we are forced to try and contain them in a distant part of the paddock (with limited success, as there is no contained fencing within the two large paddocks on our property) and try and calm them down. Evidently this course of action is only possible when we are on site, and not at our respective workplaces. The neighbouring activities therefore do force us to modify our practices in direct contravention of the above mentioned extract.
In addition in the above mentioned document in Section 3.2.1 states “requirements in preparing the application for development, consider the existence and location of surrounding land uses including viticulture and agricultural activities, and site development in a position which will not result in the potential for land use conflict between neighbouring land uses. Note the onus is on the encroaching development to provide the required buffer on the subject land”. The development application has not complied with this statement due to total omission of the existence of our property to the west of the proposed development, and as a result no consideration has been made to our land use. In addition as previously mentioned there are issues pertaining to the visual impact of the development and also the wellbeing of our livestock as a result of noise pollution.
As a result of the above mentioned points, please see following:
Requirements for the construction of the Spa area on 1622 Broke Road Pokolbin 2320
• The spas and adjoining deck areas be fully and permanently enclosed.
• The spas and adjoining deck areas be sound proofed to eliminate noise which travels across to our paddocks and house.
• The spas have enclosed materials which ensures that there is no visibility from the outside.
Thank you for your consideration in the above mentioned
