Fame Cove Land Campaign Moves a Step Closer

By tonyh, 11 December, 2024
News
Victory

Late last week we received a message from  the MidCoast Council that is has been successful in its latest case against Tea Garden Farms Pty Ltd. This concerns the land known as Fame Cove which includes:

  • The eastern shoreline of North Arm Cove 
  • Fame Cove
  •  Nanabah Creek (Fame Creek) – a hidden jewel of Port Stephens
  • Fame Mountain
  • Piggies Beach

A total of around 400 hectares adjoining a small landlocked National Park on the southern shoreline of Fame Cove. 

The council sought further Court action for judgement as the previous 2021 Land and Environment Court orders against Tea Gardens Farms had not been complied with. 

These Court Orders will successfully prevent any further clearing for road construction or civil construction. Hard hoofed animals introduced by the owner were also banned.

The Court Orders ruled that land must be reinstated to the condition it was on 9th August 2014.  

This judgement demands that road closures must be made to approximately 10 kilometres of the 20 kilometres of existing roads which were created without a permit. Additionally, rehabilitation is to be made to large road cuttings with widths and depths that far exceeded those specified in granted D/As.

The 2021 court judgement demanded that reports be prepared to rectify the damage and that the owner was to cooperate with the council who was authorised to oversee the repairs. The original rulings were never completed by the owner who ceased work after erosion control was completed.

The council returned the matter to the Land and Environment Court for further judgement. On the 2nd of December 2024, the court upheld the earlier judgement and placed a demand for compliance in accordance with the prepared reports. The court placed a condition on the owner for three-monthly progress reports to council and the lodgement of a bank guarantee of $200,000 as security for completion of the works.

Tea Gardens Farms directors were advised it would be held in contempt of court if all works were not completed by 31 January 2027.

After the many years this matter has been before the court, new zoning plans will soon change the zoning of this land from Rural 3 to Environmental 2 , one classification below a National Park at E1. This will prevent any future subdivision or development and assure that the land will be conserved in its natural state for future generations.

As a consequence of the rulings, Tea Gardens Farms has surrendered four D/A consents for houses, roads and development, including the very large 3600 sq m hilltop house overlooking North Arm Cove and another house site in Fame Cove. It will retain one house site approval on the eastern shoreline south of Bundabah where footings were commenced and access roads approved several years ago.

As there are clearly no future development prospects for this property, it seems possible that Tea Gardens Farms may sell the land.

All this is of great interest to us as it represents a major victory for us and the environment after a 17 year campaign to stop untoward desecration of this land. And we thank Kate Washington, the State Member for Port Stephens for her ongoing support during this time.

Meanwhile, we have correspondence from both the former Environment Minister and senior National Parks managers indicating consideration would be given to the purchase  of this environmentally outstanding and culturally significant waterfront property should it be offered for sale. It is the last remaining piece of natural bushland on the waterfronts of Port Stephens.

The Fame Cove Sub Committee of the North Arm Cove Community Association is now working toward this outcome. Some further campaigning may be necessary to secure the land for posterity, in which case, we will be calling on the community for your support in lobbying the authorities.

Attached, for your information, is a brief history of our endeavours to protect this site from inappropriate land abuse and developments proposed by Tea Gardens Farms since taking ownership in 2006.

Len Yearsley 

Facilitator Fame Cove Sub Committee NACCAi

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