CNRG Community of Nicholls Residents Group Inc
Gungahlin Golf Investment’s (GGI) newest development proposal - 2023
Following GGI’s shelved attempt to get “Re-imagine Gold Creek Country Club” off-the-ground in 2018, its latest proposal is to build 700 multi-unit residential dwellings, for long-term rental, on 5 ha of ‘underutilised’ Gold Creek Golf Course land. To this end, the latest revelation is that they will be arguing this ‘build-to-rent’ development is permitted by the Territory Plan and the Crown Lease because it is a “MOTEL”. This information is omitted from GGI’s Consultation flyer (letterbox-dropped to less than 200 Nicholls households) and GGI’s consultation website.
As noted in the attached submissions, the community of Nicholls will strongly oppose this development if it proceeds to DA in its current form. As an alternative, CNRG has offered to support what it sees as a ‘win-win’ development that would be allowed, with only minor variation, under the current Crown Lease.
Gungahlin Golf Investments’ Consultation Brief ( http://gcccconsultation.com/ )
CNRG’s Submission to GGI’s 2023 Development Proposal
On behalf of the 8000+ Nicholls residents, the Community of Nicholls Residents Group Inc (CNRG) provides the following feedback on Gungahlin Golf
Investment’s (GGI) 2023 development proposal (summarised below).
1. Summary of development proposal
Following GGI’s shelved attempt to get “Re-imagine Gold Creek Country Club” off-the-ground in 2018 – involving residential and commercial redevelopment of the back 9 holes of the Gold Creek Golf Course – GGI is now proposing to build 2-4 storey townhouses and apartments on approximately 7.5ha of Gold Creek Golf Course land (aka the ‘practice holes’ and ‘driving range’), comprising 700 dwellings of 2-4 bedrooms, characterised as ‘commercial accommodation units’ under the ‘Build-To-Rent’ (BTR) model, with associated commercial and communal amenities.
A Lease Variation is proposed to subdivide the Crown Lease into two blocks and to vary the location and boundaries of the hatched area referred to in clause (a) of the Purpose Clause of the Crown Lease of December 2014 (Vol 2157, Folio 38). It is not proposed to add any uses or make any changes to the permitted uses in the Lease. Nor does it propose to seek any rezoning of the Territory Plan.
2. CNRG overview and broad position
CNRG was incorporated in 2018 under the Associations Incorporation Act 1991, with the following 6-point Statement of Purpose:
a) Respond on behalf of the community to attempts to redevelop and/or rezone the Gold Creek Golf Course via a transparent consultation process.
b) Preserve the open space, wildlife habitat and amenity offered by the golf course.
c) Preserve land values.
d) Ensure that previous commitments ($15m build spend on ‘ancillary uses’ on 15,000sqm of golf course land) be honoured by GGI and that the ACT
Government continue to honour its promise for the golf course land to be kept as open space and not used as a land bank (as stated in Hansard by
Simon Corbell MLA, Minister For Planning, in 2008 and never rescinded as a position of this Labor Government).
e) Ensure certainty about the long-term nature of Nicholls.
CNRG is not anti-development, rather it’s about appropriate development – the current proposal is NOT considered to be an appropriate development. GGI bought a Crown Lease with a Purpose Clause that permits use of the premises for the purpose of an outdoor recreation facility that must consist of a golf course with grassed greens and a minimum of eighteen (18) holes and may include practice fairways and putting greens. In addition, the Lease Purpose allows for four other purposes as listed at (i)-(iv) under Clause 3(a) of the Lease. Three of these relate to “indoor recreation facility”, “outdoor recreation facility” and, “club and/or child care centre ancillary to outdoor recreation facility and/or indoor recreation facility”. However, commercial accommodation use is LIMITED TO a hotel, motel or guest house, for short term accommodation purposes. Buildings associated with these purposes must be constructed within the hatched area at Attachment 1 and the combined gross floor area (GFA) of all
buildings erected on that land is not to exceed 8000sqm.
As discussed in Item 4 below, the current proposal is not permitted by either the Crown Lease or the Territory Plan and thus, on these grounds alone, is untenable, let alone the many other concerns the community notes in Items 4 and 5. Contrary to the portrayal of previous community responses in GGI’s current Consultation Brief, CNRG’s and the community’s final response to the 2018/19 People’s Panel Consultation was:
(a) retain the golf course in its current form, and
(b) no development outside the bounds of that allowed by the current ‘market value’ Crown Lease.
On the basis of what is currently on the table, CNRG can see no reason why the community should consider moving from this position.
3. Supreme Court Judgement pending
In addition, and most importantly, an ACT Supreme Court judgement in the Higgins vs GGI and Australian Capital Territory case is still pending, the
outcome of which could have significant implications for what can and can’t be done on Crown Leases in the Harcourt Hill Estate area of Nicholls, and especially, on the Gold Creek Golf Course Lease. Accordingly, as the case is sub judice, GGI should not be allowed to proceed further with this or any other proposal until the Supreme Court Judgement is brought down and the ramifications thereof are worked through between the relevant parties.
4. Why is this NOT considered to be an appropriate development?
If GGI’s development proposal was allowed to proceed and CNRG (along with the relevant authorities) was required to look at the current proposal on its merits, we would point to the following concerns and deficiencies.
4.1 General concerns
The community’s general planning-related concerns are as follows.
4.1.1 A 3 and 4-storey/multi-unit apartment precinct is not in keeping with the broader layout of the surrounding suburb. Whilst Nicholls does have some attached 2-storey townhouses, it consists principally of single and 2-storey individual dwellings (with a minimum size covenant of 18 squares) on large blocks.
4.1.2 Many existing residents advise that their views will be obstructed by the 2-4 storey apartment buildings. Those residents, when buying their
properties, would’ve had every expectation that their views would remain across the open spaces of golf course land to the hills beyond.
4.1.3 The density of GGI’s proposal – 700 dwellings, plus commercial and communal facilities, on 7.5ha – is considered totally unsustainable. When you consider that the housing development in Krantzcke Circuit occupies roughly the same area as GGI’s development site, yet comprises only 65 closely-configured dwellings, it is inconceivable to believe that the density of dwelling displayed in GGI’s concept plan is even remotely achievable. The proposed dwelling density, potentially involving an additional 1500+ residents, also raises issues relating to the need for additional human, health,
education and transport services in the suburb and surrounding area – particularly given the imminent residential development of the adjacent ex-CSIRO land.
4.1.4 The proposed development is at the entrance to the suburb, which presents as open space (ie. practice holes for the golf course) and a wildlife habitat (grazed by a 200-strong pod of kangaroos) and thus, would result in a fundamental change for all residents of the suburb of Nicholls, not just for those with direct views of the proposed 3 and 4-storey apartment buildings, as well as for the kangaroos and other wildlife using this open space as a wildlife corridor.
4.1.5 The substantial increment in daily traffic movements, exiting and entering via a single point, the McClelland Street and Curran Drive
roundabout, would give rise to a number of traffic-related concerns. The best practice Guide to Traffic Generating Developments (Transport NSW) suggests that traffic movements in regional areas of 7.4 per dwelling would be a reasonable figure to use for a car dependent Canberra suburb. For 700 dwellings, this equates to an additional 5,180 traffic movements per day. Such an additional increment in daily traffic movements would require extensive traffic modelling relating to: road upgrade issues – slip lanes feasibility at this and the next roundabout at O’Hanlon Place, and also onto the Barton Highway; traffic congestion concerns – this roundabout already handles a large proportion of Nicholls traffic trying to exit/enter the suburb; and, safety/emergency management issues – in the event there is a need to evacuate the development site, let alone the rest of the 8000+ residents in the suburb, given the ever present danger of a bushfire in the area.
4.2 Permissibility concerns GGI claims:
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“This build-to-rent development complies with existing zoning requirements.”
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“The proposed development is within the existing current lease conditions.”
4.2.1 Territory Plan – The subject land is zoned PRZ2 – Restricted Access Recreation Zone.
In this zone, ‘Residential Use’ is prohibited, therefore multi-unit housing is also prohibited. ‘Hotel’, ‘motel’ and ‘guest house’ are included within the definition of ‘Commercial Accommodation Use’ and are assessable development in the merit track. The umbrella term ‘Commercial Accommodation Use’ is not included as assessable development. Therefore, the following commercial accommodation uses are NOT permitted in the PRZ2 zone – ‘commercial accommodation unit’ and ‘serviced apartment’. Accordingly, it is CNRG’s understanding that GGI would be required to seek approval for a rezoning of the subdivided land for residential and commercial use.
4.2.2 Crown Lease – The Crown Lease includes, inter alia, the definitions of commercial accommodation use, commercial accommodation unit, hotel, motel and guest house. However, the inclusion of a definition does not point to the permissibility of that use.
4.2.2.1 Purpose Clause – Inter alia, the Purpose Clause “permits use of the premises for the purpose of an outdoor recreation facility that must consist of a golf course with grassed greens and a minimum of eighteen (18) holes that may include practice fairways and putting greens ... AND IN ADDITION only the part of the premises identified by cross-hatching on the plan at Attachment 1 may also be used for one of the following, specifically
(i) commercial accommodation use LIMITED TO guest house, hotel and motel.” No other use included within the definition of commercial accommodation use is permitted – that includes commercial accommodation units and serviced apartments. And, the maximum GFA of all buildings allowed to be erected on the land is limited to 8000sqm, which is substantially less than the GFA necessary for the current proposal to proceed. Accordingly, it is CNRG’s understanding that, for the proposal to proceed, any Lease Variation would also need to seek approval to alter the Purpose Clause, permitted uses and GFA build limit.
4.3 Strategic Planning/Development Framework
4.3.1 National Capital Plan
4.3.1.1 Section 4.15.4 – Detailed Conditions of Planning, Design and Development – for the Barton Highway, how is the additional traffic to be
managed to ensure the continued effective functioning of the Main Avenues and Approach Routes.
4.3.2 Nicholls Precinct Map and Codes – there are no relevant provisions.
4.3.3 Parks and Recreation Zones Development Code – Element 6.1 requires a DA accompanied by an ‘Assessment of Environmental Effects’ to address all matters listed at C31. In the absence of a satisfactory ‘Assessment of Environmental Effects’, CNRG is not satisfied that any of the matters required to be addressed have been adequately considered by GGI. For instance, Rule 8 and Criteria 8 are relevant in the absence of a rezoning. If, as argued, no change of zoning is required, then, under this Rule, the maximum building height on PRZ2- zoned blocks that are adjacent to, or adjoining, a Residential Zone is 2 storeys.
4.3.4 Draft Gungahlin District Planning Strategy – the subject land is not identified as an area for proposed change.
4.4 ‘Build-to-Rent’ Listening Report (ACT Government)
4.4.1 Optimal size – The report noted that the optimal size for BTR developments in the ACT would be “200-450 dwellings”, so, regardless of any other consideration and as it stands, GGI’s proposal represents mass overdevelopment, which is totally untenable. Although not specified in the Consultation Brief, the maximum GFA of all buildings erected on the land (this includes all the land under the Lease, not just the ‘hatched area’ in Block 14) is limited to 8000sqm. Therefore, any Lease Variation would also need to seek approval to substantially increase the GFA limit.
4.4.2 Dwelling size – The report indicated that at least 50% of the dwellings should be studio or 1-bedroom and not more than 10% be 3-bedroom for BTR developments in the ACT – GGI’s proposal only talks of “commercial accommodation ranging from 2-4 bedrooms”.
4.4.3 Site characteristics – The report stated that BTR developments need to (in addition to the above):
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be zoned for residential and commercial uses – as noted in 4.2.1 above, GGI’s site is PRZ2 zoned for outdoor recreation uses. In this zone, ‘Residential Use’ is prohibited, therefore ‘Multi-Unit Housing’ is also prohibited. Consequently, it is CNRG’s understanding that GGI’s proposal would also require a Territory Plan Variation (TPV) to proceed;
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be located near town centres – GGI’s site is not near a town centre;
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have access to public transport – Nicholls’ public transport (ie. buses that wind through various suburbs before reaching their eventual destination) would need a significant upgrade to cater for an additional 1500+ persons in the area ... that is, as discussed in Item 4.1.5, assuming necessary road upgrades could be adequately addressed in the first instance to cater for the increased traffic flows; and
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be located close to education facilities – GGI’s site is not what you would consider as being close (ie. within 10mins walking distance) to any education facility in Nicholls, nor university or TAFE facility.
4.5 Build-to-Rent Policy Framework (ACT Treasury)
A BTR is “a multi-unit development where the residential dwellings are retained by one owner and rented out long-term (preferably at least 15-20 years), rather than being sold” – that is, ‘long-term’ not ‘short term’ as per the definition of commercial accommodation units. And, as explained in Item 4.2.1, multi-unit housing is NOT a permitted use in this PRZ2 zoned land.
5. ESPDD - Criteria for PRZ2 Rezoning
Quote: “A proposal to rezone or add uses to PRZ2 - Restricted Access Recreation land to allow for residential use is NOT likely to be supported due to the limited amount of PRZ2 land in the ACT.”
And specifically in regard to development on PRZ2 zoned land on golf courses in the ACT:
“Golf Courses Rezoning or additional uses on golf courses may be supported if:
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a golf club retains an 18 hole golf course, [GGI’s proposal ticks this criteria] and
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demonstrates the surplus land is not needed for future sporting use in the long term, [GGI’s proposal does not address nor meet this criteria, particularly in the light of the preamble to this criteria and given the imminent residential and commercial development of the adjacent ex- CSIRO land, as well as the fact that GGI has not attempted to generate an income from these golf practice holes, rather, for whatever reason, they have been allowed to slowly deteriorate in condition] and
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rezoning or additional uses on surplus land is for an integrated/ancillary use to the golf course that is integral to the primary use (i.e. a use owned by the golf club, with funds returning to the golf club to secure the long-term viability of the facility). [GGI’s proposal is NOT an integrated/ancillary use to the golf course, in that it is not short-term accommodation intended for visiting golfers, rather it is multi-unit residential housing for long-term rental under the BTR model. Also, GGI does not address how and by what mechanism the funds (ie. profits, after development, management and maintenance costs) will continue to be returned to the Gold Creek Golf Club to “secure the long-term viability of the facility”, and particularly in the event where GGI may choose to sell the golf course, but retain the BTR asset and income flow. To this end, back in 2014/15, GGI promised to use funds from the sale of businesses that were ancillary to the golf course for viability/upgrade purposes, yet urgent drainage and bunker works, which have apparently been known to exist for over 10 years, are yet to be tackled.]
6. Summary
GGI’s current proposal is, again, a disappointing ‘ambit claim’ attempt to develop on golf course land, this time for ‘build-to-rent’ multi-unit residential housing, which is not permitted under either the Territory Plan or Crown Lease. It is CNRG’s understanding that, for the proposal to proceed, GGI would need to, as a minimum, seek approval via Development Applications relating to:
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Estate Development Plan – to address infrastructure and environmental issues;
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Territory Plan – for rezoning to residential and commercial uses; and
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Lease Variations – to change the Purpose Clause, add permitted uses and substantially increase the GFA limit.
Traffic Management and Environmental Impact Statements would also need to be provided for community assessment purposes. As things currently stand, if the current proposal were to proceed, CNRG, on behalf of the Nicholls community, would feel obliged to oppose it on the following grounds:
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not permitted under the Territory Plan;
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not permitted by the Crown Lease;
ESPDD’s Criteria for PRZ2 Rezoning on golf courses in the ACT would not support rezoning or additional uses in this instance, where the proposal is for residential housing for long-term rental, which is not an integral/ancillary use to the golf course, and it would be a long bow to suggest that any funds (after costs) generated by the BTR component would flow to the Golf Club for viability/upgrade purposes for a considerable period of time – property management experts suggest that it would take longer than the planned 10-year development period to amortise the development cost of the total project, ie. before any ‘profit’ from the income flow would be available for such purposes – and even then, what assurances can be legally prescribed to ensure that any eventual return does flow to the Golf Club, particularly were the private owner, GGI, to sell the Golf Course Lease, but retain the BTR assets and income flow;
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density/overdevelopment issues;
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height of building issues;
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traffic movement issues;
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road upgrade issues;
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traffic congestion issues;
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safety/emergency management issues; and
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wildlife corridor issues.
EXECUTIVE COMMITTEE
COMMUNITY OF NICHOLLS RESIDENTS GROUP Inc
Community of Nicholls Residents Group Inc’s (CNRG) requests for information from Gungahlin Golf Investments (GGI) and confirmation of the community’s offer of support for a ‘win-win’ development option.
1. GGI’s principal rationale for the proposed development is to ensure the future financial viability of the Golf Club/Course, as it continues to operate at a loss. This is something we have heard twice before, once in 2014/15 – when GGI sought a similar sub-division of the Golf Course Lease to subsequently unit-title and sell-off the then cross-subsidising ancillary businesses – and again in 2018/19, during the “Re-imagine” consultation phase. Accordingly, for full disclosure during this pre-DA Consultation, it is considered incumbent on GGI to provide the community, and Golf Club Members, with public copies of relevant financial information for Gold Creek Country Club’s golf operation for FY 2017/18 through 2022/23?
2. With the above rationale in mind, plus the Nicholls community’s desire to ensure the ongoing amenity afforded by the green space occupied by the golf course, it is also considered incumbent on GGI, during this pre-DA Consultation phase, to provide the community and Golf Club Members with information on how does GGI intend to deliver the nett income from the proposed 700 long-term rental dwellings to the golf operation? For instance, would GGI be prepared to contribute an appropriate amount, up-front, into an interest-bearing ‘Futures Fund’ to be administered in-perpetuity by the Gold Creek Golf Club Committee? This one-off contribution administered by the Golf Club Committee is seen as being necessary to account for any subsequent decision by GGI to sell the Golf Course Lease and/or the proposed development’s assets.
3. CNRG reiterates its position that the community will ONLY support the moving of the hatched area (as shown in Attachment 1 to the Crown Lease) to the ‘old par 5’ practice hole and driving range, and the subsequent development of permitted ancillary-use buildings having a combined GFA of no more than 8000m2 on that land, as provided for in the current Crown Lease. GGI bought a golf course with associated development promises, which it is yet to fulfil. If GGI believes that it can’t deliver a financially viable golf course with appropriate ancillary services cross-subsidising the golf operation, then maybe it’s time to consider selling it to someone who thinks they can without putting a small suburb-sized development on PRZ2-zoned land reserved for outdoor and/or indoor recreation and ancillary facilities.
Executive Committee
Community of Nicholls Residents Group Inc.
9 August 2023
CNRG’s follow-up submission and questions for Gungahlin Golf Investments (GGI) following Saturday’s (22July 2023) Consultation Session at the Gold Creek Golf Club
CNRG fully endorses the feedback submission made on Sunday 23 July 2023 by Ms Maggie Chapman, which followed our attendance – and the reveal of previously undisclosed information and deficiencies in the pre-DA consultation process – at Saturday’s drop-in Consultation Session at the Gold Creek Golf Club.
In particular, as identified and argued in Ms Chapman’s submission:
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CNRG agrees that this ‘Build-to-Rent’ (BTR) development proposal cannot be characterised as a “motel” for assessment purposes – most importantly, a motel does not permit residential use for long-term occupation under a residential tenancy agreement; and
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CNRG respectfully asks GGI and/or Communication Link to address the deficiencies noted in your pre-DA consultation process, especially as it relates to providing a broader consultation process – including all Nicholls residents, golf club members and Gold Creek Village traders – as well as the disclosure of all relevant information and the need for a longer consultation period.
Also, CNRG seeks GGI’s considered response to the following questions, which were posed by the community, in GGI’s absence, at the consultation session on Saturday.
Questions for Gungahlin Golf Investments (GGI) and its Consultants response regarding various aspects of GGI’s 2023 development proposal
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A judgement in the Supreme Court case Higgins vs GGI & the ACT is pending. Does GGI intend to proceed with this development proposal prior to that judgement being brought down and the ramifications thereof worked through?
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After being granted the initial Crown Lease, GGI did, as promised, build some ancillary uses for the Golf Course. However, in 2015, GGI was successful in having the ‘business precinct’ sub-divided from the golf course and rezoned CZ6, so it could unit-title and sell-off the individual businesses, which, until then, had been cross-subsidising the golf operation. How are you going to convince the Nicholls community and golf club members that things will be different this time, given th
at GGI again proposes to subdivide the development site from the golf course on Block 14? -
Does the totality of the proposed development fall within the term ‘BTR’?
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The terrace-style townhouses in Precinct 1 are not marked as ‘BTR’ in GGI’s Consultation Brief, rather as simply “attached accommodation”. So, they are residential housing … is that correct? If not, why not?
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CNRG understands that the new ACT Territory Plan proposes to define BTR as “the use of land for multi-unit housing that is held be a single owner for the purpose of providing dwellings for lease under residential tenancy agreements – so included as a residential use” [Emphasis added]. As things currently stand, multi-unit housing is not permitted in the PRZ2 zone, nor is it permitted by the Crown Lease. So, what leads you to believe that you will not have to seek approval for a rezoning in the Territory Plan and, inter alia, variation to the Purpose clause of the Crown Lease?
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Did GGI pay a fee to obtain formal lease advice from ESPDD? If so, can GGI provide CNRG with a copy of that advice?
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About 2-3 years ago, did GGI put in a Pre-DA Consultation Application to discuss the planning implications of moving the existing Hatched Area (as shown in Attachment 1 of the Crown Lease) to Holes 16 & 17, with a view, presumably, to do residential and commercial development thereon, and to re-do the two practice holes as Holes 1 & 2 (or 10 & 11) as a quid pro-quo for the loss of Holes 16 & 17, thereby maintaining an 18 hole championship golf course? Did this Pre-DA Consultation take place and, if so, is the current proposal an outcome of that discussion? Or, are Holes 16 & 17 still in play here?
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If, as you argue, rezoning is not required for your proposal to proceed, are you aware that the height of any building on PRZ2 land that is adjacent to or adjoining a Residential Zone must not be any higher than two storeys?
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Regarding the density of the current proposed development, after setting aside the 2.5ha of parkland at the bottom of the site, it would not appear to be remotely possible to fit 700 dwellings on 5ha of this site. This would mean a density ratio of just 70m2 per dwelling, which not only includes an allocation for the dwelling, but also for the surrounding open space, commercial shop fronts, roads and activity centres. So, how and why 700?
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What will happen to the golf driving range, which is currently an integrated/ancillary use to the golf course and a ‘cash cow’ for the golf operation? Your concept plan suggests that the driving range will eventually be non-operational. So, have you made the Golf Club Committee and members aware that they will be losing the driving range, in addition to the practice holes, to multi-unit residential housing and future golf club buildings?
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The main justification given for this development is that it is required to secure the viability of the golf course. To this end:
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What is the amortisation period for the total cost of the 10 year development?
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When can any returns from the development be expected to flow to golf course upgrades and its financial viability?
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By what legally-binding mechanism might golf club members be assured that such returns will eventually flow to the golf club?
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And, what was the bottom line of the golf operation in financial year 2022/23
12.On behalf of the Nicholls community, CNRG’s position is that we will support the movement of the Hatched Area to cover the total area of the ‘old par 5 practice hole’ plus an area required for an access road off the Curran Drive/McClelland Street roundabout, to facilitate the development of a permitted ancillary use in that area, with all buildings to not exceed a combined GFA of 8000m2, as well as the development of ancillary outdoor
recreation facilities on either side of the access road, such as a multi-use health and recreation facility (like at Crace’s main park) on one side and, say, a 6 hole pitch & putt course on the other. Will GGI give this development option, which is proposed in good faith, their serious consideration? Or, is the current 8000m2 GFA limit to be used for development of the “future activity centre” in the CZ6 ‘business precinct’ and/or for development of the “future golf course related buildings” on the driving range?
EXECUTIVE COMMITTEE
COMMUNITY OF NICHOLLS RESIDENTS GROUP Inc
Review of Community Action Since 4 April 2018 (September 2019)
Review of Community Action Since 4 April 2018 (September 2019)
It began on 4 April 2018
It's well over twelve months since the K-Group initiated their ‘Re-imagine Gold Creek Country Club’ campaign, with its central tenet being to compress the ‘Back 9’ of the Gold Creek Golf Course into the ‘Front 9’, thereby releasing 49 hectares of land for development.
Immediately it became known, the Community of Nicholls Residents Group (CNRG) was formed, with an Executive Committee and ‘Group of 20’ Associate Members. A strategy to oppose the campaign was agreed, with the initial steps being to inform and engage residents, via a letterbox drop and subsequently, a public meeting.
CNRG addresses GCC
On 11 April 2018, CNRG addressed the Gungahlin Community Council meeting. The Minutes of that meeting are at https://gcc.asn.au/minutes-gcc-community-meeting-11-april-2018/
The meeting was videoed and this is at https://www.facebook.com/MyGungahlin/videos/vb.271568897011/10155965524707012/?type=2&theater between 13mins 30secs and 81mins 30secs.
1st Community Meeting
The 1st Community Meeting was held on 15 April 2018. It was attended by more than 600 residents, who unanimously agreed to allow CNRG to act on their behalf in this matter, with an understanding that CNRG may at some stage need to seek donations from residents to cover any significant costs that may arise through the campaign.
At this meeting, and subsequently, some 900 residents signed-up to be kept informed via email updates, with many also offering their professional or voluntary support. A video of the meeting is at https://www.facebook.com/MyGungahlin/videos/vb.271568897011/10155973650287012/?type=2&theater.
A strategy of ensuring probity of CNRG’s actions and preparing for any potential legal action has seen CNRG engage legal counsel.
CNRG seeks to ensure that it represents the views of the whole of the Nicholls community.
CNRG social media and Community information
To keep the community informed, CNRG created a Facebook page https://www.facebook.com/groups/408934556257881/ and drafted a ‘Communications Strategy’ and ‘Statement of Purpose’.
The six objectives of the Statement of Purpose, are at https://www.cnrgcanberra.org/about. The Statement of Purpose has been used by CNRG to guide its interactions in the public arena, particularly to inform key Members of the ACT Legislative Assembly.
CNRG has met with and briefed all relevant key and local (ie. Yerrabi Electorate) politicians and shown a number of local politicians over the golf course. CNRG has also met with the Gungahlin Community Council.
CNRG has approached K-Group for direct discussions on a number of occasions. There has been no response.
CNRG and the People's Panel
CNRG was strongly represented on the People’s Panel, the K-Group’s consultation vehicle. The outcome of that Panel’s deliberations was unanimous agreement that there be no change to the configuration of the golf course, and no change to the current zoning in the Territory Plan. The K-Group has yet to release publicly the results of the Community Consultation Process it sponsored.
2nd Community Meeting and Outcomes
A 2nd Community Meeting, attended by 500+ residents, was held on 16 September 2018. It attracted representatives from all political parties, including Meegan Fitzharris, Alistair Coe, Caroline Le Couteur, Suzanne Orr, Michael Petterson and James Milligan. Peter Elford, President of the Gungahlin Community Council, also attended. The meeting was video streamed and can be seen here https://www.facebook.com/MyGungahlin/videos/vb.271568897011/425978601264422/?type=2&theater
Each was invited to address the Meeting and subsequently respond to a Q&A session from the floor. The meeting achieved its objective of informing the wider community of progress to date and eliciting firm commitments from key political representatives to oppose rezoning.
Following the 2nd Community Meeting, CNRG had delivered to it signed letters from the ACT Liberals and Yerrabi members of the ACT Labor Party, 14 MLAs in total (a significant majority in the Assembly), supporting the ‘No Rezoning’ case.
A further engagement of residents, particularly of those living adjacent to the 'Front 9' who will be affected by the consequential significant changes proposed for the 'Back 9', has seen the contact list grow to nearly 1100 (eligible to vote) residents.
What can residents do to help?
Many of the people on the contact list have asked, 'What can we do to help?'
CNRG encourages residents in the local community to support the amenities of the Gold Creek Country Club (GCCC), including not only the Golf Club (via ‘Access’ or ‘Full Playing’ Membership, or ‘pay-as-you-play’ golf and use of the driving range), but also the pool, gym, bar and restaurant. All are open for public use. You do NOT need to be a member of the Golf Club to use them.
What does the future hold?
With the ACT Elections due next year, it will be important to ensure that all Yerrabi politicians keep to the commitments they made at the public meeting and in the letters sent following that meeting.
CNRG has resolved to monitor the positions of all politicians regarding the Gold Creek Country Club in the lead-up to the next ACT Election.
CNRG proposes to write to all Yerrabi candidates asking for their position in opposing any rezoning of the golf course and surrounding open space. Their responses will be made public for the information of local residents.
CNRG is also considering the merits of developing a ‘Precinct Plan’ for Gold Creek, encompassing the suburb of Nicholls and the broader suburban region. Links with town planning experts are being developed.
CNRG continues to meet regularly and will continue to actively monitor proposals in the area and seek to work constructively with the K-Group.
CNRG will continue to keep the community informed.
CNRG
Community of Nicholls Residents Group (CNRG) is an incorporated not-for-profit group responding to ongoing attempts over many years to redevelop and/or rezone the Gold Creek Golf Course.
We are responding to the “Re:imagine Gold Creek” campaign” www.reimaginegoldcreek.com.au.
Enough is Enough
Please encourage interested persons to join the CNRG mailing list.
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ACT Election
Party & Candidate responses to CNRG’s “Securing the future of our green space” Letter
ACT Election
Party & Candidate responses to CNRG’s “Securing the future of our green space” Letter
On behalf of the Nicholls Community, CNRG’s objective has been to secure the long term future of the Gold Creek Golf Course (GCGC) and its surrounding green space. In mid-July, Political Parties and Candidates contesting the upcoming ACT Election in the Electorate of Yerrabi were asked their position on re-zoning and commercial development of this space.
While a few of the responses received were unambiguous in their opposition to any re-zoning of the GCGC land, others only referred to their opposition to the proposal as put forward in April 2018 and/or would decide at the time if a firm proposal was ever lodged.
To assist residents in developing a view on preferred Candidates, CNRG has assessed the responses according to the level of confidence that our objective will be achieved, as follows (with relevant extracts from the responses).
Confident
Canberra Liberals
“The Canberra Liberals were the first Party to come out against the rezoning of the Gold Creek Golf Course, and we remain steadfast in our position. All Canberra Liberals MLAs and candidates oppose rezoning of this green space for development.
The Canberra Liberals understand what makes Nicholls great and the need to ensure the character of the suburb is maintained.”
Jacob Vadakkedathu
“In response to your letter seeking my stand on the Golf course issue, I would like to state the following:
1.I strongly support the protection of existing pristine green spaces in Canberra from development by developers;
2.I oppose redevelopment of any part of the Gold Creek Golf Course and its surrounding green space, and
I would strongly object if an Application to amend the current Purpose Clause in the Gold Creek Country Club Lease and/or to amend the zoning of the Block & Sections encompassing the Gold Creek Golf Course and its surrounding green space were to come before the Legislative Assembly.”
David Pollard (David Pollard Party)
“Put clearly, I would oppose any variation to the lease or zoning that would allow residential or commercial development on this green space. There are multiple reasons for my position, but the two standouts are:
1. I believe we should be protecting as much green space as we can in Yerrabi and all of Canberra.
2. I believe that the community voice is critical in any significant change in planning direction (rezoning, lease variation), and the community voice in Nicholls has been abundantly clear regarding this land.”
Bethany Williams (ACT Progressives)
“I base every decision I make on evidence, fairness and ethics. My opposition to the rezoning and potential redevelopment of 49 hectares of the Gold Creek Golf Course is purely based on the information I have read, which does not compel me to share the views of the developer. So if elected, I will be opposing any rezoning of any parts of the Gold Creek Golf Course for development.”
Less Confident
ACT Labor
“I note the ongoing concerns you have outlined in your email regarding the proposed redevelopment of Gold Creek Golf Course. Given the community opposition to this redevelopment as put forward by the proponents, ACT Labor cannot support this proposal as it was presented to the community in April 2018.”
Deepak-Raj Gupta (ACT Labor)
“I am aware that my colleagues extended their support to CNRG regarding a previous proposal to develop the Gold Creek Country Club. … I would like to echo their position, in particular that developers should respect community views. … Nicholls is a beautiful part of Canberra and I am committed to supporting its residents and maintaining the unique character of the area.
If there are any proposals to develop or rezone the golf course in the future, I will continue to work with and listen to the community so we can prioritise open spaces.”
ACT Greens
“After listening to the community’s concerns about the proposal put forward by the Gold Creek Country Club, the ACT Greens would not support it in its current form. Should a future proposal come forward that addresses these concerns, the Greens would consider community views at the time and consider it on its merits.”
Mainul Haque (ACT Greens)
“I am for need based policies and not for greed and would not support any development that is against the wishes and interest of our community.
I would not support the proposal in its current form. I would consider community views and a revised proposal that addresses these concerns, on its merits.”
Links to CNRG Letter and Responses
Links to CNRG Letter and Responses
The People's Panel
The People's Panel
What was the People's Panel?
What was the People's Panel?
The People’s Panel was established to consider the feedback gathered during community consultation and provide advice to the re:imagine project team on future potential uses of an area of approximately 49 hectares of the existing Gold Creek Country Club.
What was the outcome?
What was the outcome?
Following several meetings the Panel produced the following Final Statement:
Final statement prepared by re:imagine People’s Panel
30 June 2018
The People’s Panel (the Panel) was assembled to receive information and represent the views of the community about the re:imagine Gold Creek Country Club project.
The Gold Creek Country Club is a significant parcel of open space for Gungahlin and the broader Canberra community and the Panel is of the firm view that the character and profile of the suburb of Harcourt Hill Estate, Nicholls and surrounding areas, including an integrated golf course, should be retained as originally designed and conceived.
People’s Panel process
The Panel met five times between 28 April 2018 and 30 June 2018. The group agreed to a Terms of Reference and received additional information from:
- Mr Stephane Talbot, Manager Gold Creek Country Club, Troon International;
- Environment, Planning and Sustainable Development Directorate (EPSDD) – Planning; and
- Mr Harry Konstantinou, the Konstantinou Group (KGroup).
Presentations and Q&A sessions to the Panel were designed to help the Panel understand government requirements for redevelopment and lease variation proposals and background to the re:imagine project so that a considered response could be developed. The Panel learnt through the EPSDD presentation the critical importance of community input at every opportunity.
People’s Panel outcomes
The Panel is unanimous in its view that there should be no change to the Territory Plan and no variation to the current lease.
The Panel endorses the themes expressed by the community through the consultation process commissioned by the KGroup. These themes are:
• No development; community feedback that opposes any change to the existing golf course and calls for the status quo to remain;
• 18 hole golf course; community feedback calls for the golf course to remain an 18 hole course and suggests that more be done to make the existing golf course operations viable.
• Loss of green space, amenity and views; community feedback highlights the strong importance that the community places on the open space provided by the golf course and surrounding area and that the amenity provided by that open space is highly valued;
• Impact on property prices; residents living near to the golf course express concern about the potential for negative impact on property prices.
• Develop within existing territory plan; any further proposed development on the site should be undertaken only within its existing development rights;
• Role of the Konstantinou Group; community concern that the financial viability of the golf course is being compromised;
• Consultation process; community feedback that the consultation process does not appear genuine; and
• Alternative suggestions; in response to consultation questions seeking ideas for potential uses for the re:imagine area, there were a small number of alternative suggestions put forward. These suggestions will be detailed in the consultation report.
The Panel is strongly opposed to changing the Territory Plan or the current lease. The Panel is of the view that the current configuration of the 18 hole golf course should be retained, along with the open space, amenity, views and wildlife corridors that currently exist.
The People’s Panel encourages the KGroup to build on the positive investment it has made in engaging Troon International to professionally manage the Gold Creek Country Club and notes the positive improvement in operating position achieved so far. The Panel is of the view that there is considerable potential in the community and the expanding Gungahlin area, to enhance the long term viability of the golf course. The Panel believes there is considerable goodwill in the community to assist in that regard.
The Panel further recommends that the community remain engaged in ongoing discussions about the future of the Gold Creek Country Club.
Politicians sign-up to vote against rezoning of the Gold Creek Golf Course
Politicians sign-up to vote against rezoning of the Gold Creek Golf Course
CNRG would like to thank the 1000+ Nicholls and surrounding community residents, and Gold Creek golfers, who collectively attended the 1st and 2nd Community Meetings held to campaign against the K-Group’s “Re:imagine Gold Creek Country Club” proposal. This amazing extent of community involvement has been integral in achieving a very positive outcome. Following the 2nd Community Meeting, CNRG has received signed letters from both the Labor and Liberal Parties, stating unequivocally that 3 Labor and 11 Liberal MLAs (ie. 14 MLAs in a Legislative Assembly of 25 members – a significant majority) will vote against rezoning of the Gold Creek Golf Course, if such an application were to come before the Assembly. Click on the images of the letters below to access a PDF version.
‘People Power’ does work when communities unite to achieve appropriate outcomes. CNRG has since offered to meet with the K-Group to discuss appropriate development and sustainability issues, within the constraints of the current zoning and Lease conditions.
Notwithstanding this encouraging result, we remain observant of proposed development activity and will continue to update the website with any new information.
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SAY NO TO REZONING IN NICHOLLS
SAY NO TO REZONING IN NICHOLLS
‘The community has spoken’—the People’s Panel has overwhelmingly rejected K-Group’s proposal to rezone and redevelop the Gold Creek golf course to allow residential and commercial development.
CNRG's message to the Community
CNRG's message to the Community
- The threat is real and ongoing – we think the concerns arising from the Re:Imagine Campaign should be taken very seriously. We are expecting a prolonged and determined campaign for redevelopment and rezoning;
- If it could happen here, it could happen elsewhere in Canberra's suburbia. Green open spaces, whether public or private, are key contributors to the well-being of communities; and
- There are many ways you can help, the most important is to raise awareness among friends and neighbours. Here are our primary suggestions:
- Connect with our Facebook page
- Ask to become a “Friend of CNRG” and sign up to our email distribution list
- Watch the media and keep tuned to further developments
- Use the golf, leisure and hospitality facilities at Gold Creek Country Club. This demonstrates public confidence and interest in the current facilities.
Next Steps for CNRG
Next Steps for CNRG
We think there are at least three streams of activity to pursue:
First - To tap into the obvious community goodwill to make the golf course sustainable. There were many good suggestions made by members of the People’s Panel during discussions with the K-Group. We are seeking a meeting with the principals of the K-Group to work through these ideas with them.
Second - The Nicholls’ community is not the only community facing dramatic rezoning and re-development proposals that will change the character of their respective suburbs. It is important to collaborate with other community groups facing these challenges so that a more united and stronger message can be delivered to Government about the importance of seriously and substantively taking the community’s concerns into account regarding the continuing encroachment of development on suburbia’s green open spaces.
Third - The Nicholls’ community needs to make it clear to the ACT Government - whoever that may be - that it wants a commitment to genuine consultation. The current minimum 6 week legislated electronic submission-only process is unacceptable to the community. A framework for community consultation should, we believe, involve, amongst other things, an opportunity to work on a “whole of suburb” or “precinct” plan that is clearly aligned with the unique character and heritage value of the Harcourt Hill Estate, the Gold Creek Village, a golf course integrated into the suburb and the open land corridors and wildlife habitat that has defined the unique character of Nicholls since the mid-90s.
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