FAQs

The Paper Subdivision for the estate was registered in 1922 when there was no requirement to construct the roads, drainage or other utility infrastructure required for housing.

In 2000, Lake Macquarie City Council rezoned the land from rural to residential with a requirement to do environmental studies and prepare an Development Control Plan (Area Plan).

Council has been working with the Buttaba South Action Committee to prepare the draft Area Plan which will guide the balance of environmental land and residential land.

When the Area Plan is adopted landowners are able to go ahead and prepare a new subdivision plan that will meet current planning standards.

If any residential subdivision development displaces 1ha of bushland Council policy requires 2.5ha is set aside for conservation. Option A would meet this criteria. Option B is likely to meet this criteria, except for any impacts of bushfire emergency access.

Flora and fauna studies show that the estate has high biodiversity values including habitat for Squirrel Gliders, Masked Owl and Powerful Owl, as well as extensive areas of Tetratheca juncea (a threatened species of orchid).

State legislation and Council policies require biodiversity conservation areas are set aside to protect these species and the loss of their bushland habitat.

Two experts undertook surveys of the Buttaba estate.  One observed a threatened species and the other didn't see any owls present and concluded this is not owl habitat.

An objective ecological assessment of these surveys would place more weight on the observation of the threatened species. If a site is later surveyed and the species is not found, the conclusion is that the species was not present during the survey.

John Young and Professor Kaplan have different expertise in this field.

John Young is one of the most effective ornithologists in Australia for finding birds in the field and understanding their use of the environment. He is experienced in the Land and Environment Court as an expert witness.

Professor Kaplan is well published and has academic qualifications in veterinary science and bird/ primate behaviour.

Owls are nocturnal. John Young surveyed the site over several nights as well as during the day, as set out in Council’s Flora and Fauna Survey Guidelines for Large Forest Owls. Council did not ask for photographs which could result in disturbance of the owls.

Professor Kaplan surveyed the site during daytime.

In 2010, the Buttaba Hills South Action Committee was registered to represent landowner interests and has had ongoing discussions with Council about the development potential of the estate. The Committee has expressed an objective to provide at least one lot for each landowner in the new subdivision.

In 2013 BHSAC commissioned a Flora and Fauna study to start the planning process.