No Crematorium or Funeral Home

IT'S OVER

2011-08-09T16:56:00.000+10:00

Good news everybody.

The news has come through that the appellant (The Carrick Group - that is Blue Mountains Funerals) has filed a 'Notice of Discontinuance' with the Land and Environment Court. What this means is that that they have officially withdrawn the appeal. The notice informs us, amongst other things, that

The date allocated for hearing of the appeal, namely August 26 2011 is vacated
The appellant discontinues the whole of these proceedings
Each active party consents to the discontinuance

So... as far as our battle is concerned, it is over.

Thank you once again to all those members of the community who worked tirelessly to help us all in fighting this Development Application.

Appeal against the decision of the Land & Environment Court

2011-07-06T10:50:00.001+10:00

The first directions hearing in the appeal proceedings relating to the proposed crematorium/funeral home development was held last Wednesday before a registrar of the Land and Environment Court .

The appeal has been listed for hearing before a judge of the LEC on Friday 26 August 2011.

The process involves the applicant (the developer) providing information about the grounds for the appeal and then our side responding to this. To succeed in the appeal the applicant will be required to satisfy the judge that there was an error of law in the original decision.

Blue Mountains Gazette 4th May 2011

2011-05-04T12:37:00.004+10:00

Click here

Land and Environment Court Decision 2nd May 2011

2011-05-03T16:36:00.004+10:00

Click here

WE WON !!!!!!!!

2011-05-03T16:24:00.001+10:00

NSW Land & Environment Court Decision 2 May 2011

Development consent to modify an existing commercial building on land at 435-437 Great Western Highway, Faulconbridge, for use as a funeral facility as detailed in DA No: X/216/2010 is refused.

Thankyou to everyone for all the letters, submissions and support.

From the No Crematorium in Faulconbridge Strategy Group

14.4.11 - Still no news!!!

2011-04-14T20:51:00.002+10:00

Many people have been asking about what is happening.

We are still waiting for the decision from the Land & Environment Court. It is not possible to predict when there will be a decision but as soon as we know anything we will let everyone know.

Update 3.2.11

2011-02-11T10:41:00.007+11:00

The hearings at the Land and Environment Court continued on 23 and 24 December 2010, and we are currently awaiting a decision from Commissioners Dixon and Johnson.

Here is what happened in court:

Thursday 23 December

This day continued the process of the giving of expert evidence before the court.

The day started with a Sydney/USA video conference with a representative of Matthews International (who are the manufacturers of the Cremator Unit that will be installed should the development be approved).

Expert evidence was then provided in relation to the actual industry. This industry evidence was provided by two gentlemen who work at Crematoria in Australia , and it included a lot of discussion regarding the actual mechanics of the process, as well as the noise and emissions that may be generated.

Friday 24 December

Christmas Eve was a half day in court, and saw experts in Town Planning provide their evidence. There was a significant amount of discussion and detailing of various consent conditions that have been brought forward. Some of these conditions had been tabled at such a late stage, that the parties were directed to file and serve their respective draft “without prejudice” consent conditions, together with their respective written submissions relating to those conditions.

The Court directed that the parties forward an e-Court communication to the Registrar over the Christmas/New Year period to formalize the directions made in the Court. That step was taken early in the New Year.

The end of the court sessions resulted in Commissioner Dixon determining that the Commissioners would 'reserve judgment' until such a time as they have considered all evidence presented. All paper work related to the case was due to the court by the end of January - so we can presume that it is only now that the Commissioners can begin their deliberations in earnest.

What has happened since the end of the hearings?

Like the rest of you, we have largely spent the month of January wondering how things are going to proceed, and feeling considerably nervous and anxious about the outcome. In response to our anxiousness, Council very kindly organised a meeting last week between members of the Strategy Group, Council's Solicitor, and a representative from the Council. The aim of the meeting was to clarify some of the concerns that we, as a Strategy Group, felt were representative of the concerns held by the wider community. At this meeting, the following information was clarified.

We can expect one of three possibly decisions:

a) The Development is refused outright

b) The Development is partially approved (e.g. Yes to the Funeral Home/Chapel element, but no to the Crematorium) with conditions

c) The whole Development is approved with conditions. (i.e. Yes to the whole thing, but subject to certain conditions determined by the court).

The Consent Conditions that were discussed on the last day of court are an entirely normal part of the proceedings. Council's legal team has argued, throughout the process, that this development should not be approved, but IF IT IS the approval would need to exist with conditions. Both Council and the Applicant have made written submissions to the Court about what they feel those consent conditions should be. This does not mean that Council expects the Court to approve the Development; it is simply part of what always happens at the Land and Environment Court in an appeal of this type (class 1 appeal).

If the Commissioners rule the Development should be refused, then the submissions relating to consent conditions will not even be looked at, therefore those conditions are not persuasive in the Commissioners’ judgment of whether the development is lawful or not.

We have no way of knowing when the judgment is going to be made. Even Council's legal team will not know until a very short time before it is delivered. The judgment may not be an event/occasion that we can witness as it may not be formally read in court - it may be simply a written judgment that is handed to the legal representatives of both parties by the Registrar of the Court. Council's legal team has assured us that we will be informed as soon as that is possible. The earliest we could really expect a decision is late February. However, it could still be many months away. Council's legal representatives have no way of determining how long it may take.

Once a decision is made, there can only be an appeal if there has been an error made in a 'point of law', and that appeal would need to be made within 28 days of the decision. Such an appeal could only come from either the Applicant or from Council.

This past weekend, the Strategy Group held a meeting to discuss all of the above information (and to put this information together). Obviously we will continue to keep you informed as new information comes to light.

Land and Environment Court Update 15.11.10

2010-11-18T14:17:00.007+11:00

Hi all - here's the report of the events of the last three days

Day 1

Site visit by Commissioners Dixon and Johnson plus legal teams and experts from both sides. They spent considerable time in the building before a drive around the area. They drove through both the 100 and 200 metre buffer zones so that they were all aware of where those boundaries lie and gained a good understanding of what the 200 metre buffer means and the residences in that zone, as well as a sense of the topography. A number of residents were also there but were unable to enter the building or participate in the drive around. From here we went to the Land & Environment Court in the city. The afternoon Court session saw the Barrister for Leura Memorial Gardens present their case in relation to permissibility of a Cremator unit on this site.

Channel 10 featured our story on the 5pm news.

Day 2

The barrister for the applicant presented the opposing view on permissibility in the morning session. Commissioner Dixon decided that the issue of permissibility could not be dealt with without consideration of the other issues. She invited Leura Memorial Gardens' barrister to return at the end of all other proceedings to present the rest of his case.

In the afternoon the Resident Witnesses presented their evidence and they were all great !!!!!!

Day 3

The morning was spent with the formal presenting from both sides of all the documents related to the case. Then in the afternoon expert witnesses in Parking & Traffic and Air Quality took the stand, presented their arguments and were cross examined.

So where are we up to?

Although originally set down for 3 hearing dates not all evidence has been presented so the court has adjourned until 23 December !!!!

So there will not be a decision until after Christmas and frustrating as that is, it is vital that the Commissioners get all the information they need to make the correct decision!!!!!

We will keep you informed when we know more. Please remember that these are legal proceedings so neither we nor the legal team can give any indication of how it's going or what decision we can expect as that may compromise our case.

from the "exhausted" No Crematorium Strategy Group.

Crematorium issue raised at conference

2010-11-05T09:03:00.000+11:00

27 Oct, 2010 10:15 AM

Concerns about the Faulconbridge crematorium proposal will be discussed at the NSW Local Government and Shires Association (LGSA) conference taking place this week.Greens councillor Howard McCallum put the issue on the conference agenda following continuing community concern over the issue.

Click here for full article

Update

2010-11-05T08:58:00.004+11:00

What has been happening

BMCC refused the DA at the Council meeting on the 21^st September
The developer lodged an appeal in the Land and Environment Court in early July
BMCC is defending their decision to refuse the DA
The Land and Environment Court commissioner has asked that the resident witnesses be nominated
The resident witnesses are working with the Council solicitor to prepare their statements about amenity and the effects the development will have on them
Council has engaged expert witnesses for both Air Quality and Traffic & Parking issues
The court dates are 15-17 November

What you can do

Everyone is welcome to attend the court hearing

but be aware that the courts are small so there may not be much room
no banners, signs, special T-shirts or interjections are allowed
the court and the commissioner may go to the site first but as the premises are not owned by the developer we will not be allowed to go on site.
The court may resume at 2pm in Sydney on Monday 15^th November but this will not be known until the day
The court will probably start at 9:30am on Tuesday 16^th

Info from Land and Environment Court Website (www.lawlink.nsw.gov.au)

Location
The Land and Environment Court Registry is located on Level 4 at 225 Macquarie Street (Windeyer Chambers), Sydney NSW. It is diagonally opposite Sydney Eye Hospital and 30m from the top of Martin Place . Noticeboards displaying the daily Court lists are located on the ground floor and on the Registry level (level 4). The court rooms themselves are located on Levels 13, 12, 11, 10, 5, 3 and 1 of the same building.

2010-11-01T09:04:00.000+11:00

Click on the image below to read this page from Blue Mountains Gazette, September 29th 2010:

or follow this link:

http://bluemountainsgazette.realviewtechnologies.com/?startpage=1&iid=40972

Click below to open the staff report from BMCC website.

click here

Thankyou

2010-09-24T11:31:00.001+10:00

Thankyou to BMCC councillors for listening to the voice of the people and voting for the recommendation of Council staff to refuse development approval. And thankyou to the Council planning staff who took on board all the issues and presented a very comprehensive balanced report.

Now wouldn’t it be great if we could say thankyou to the developer for the withdrawal of the appeal in the Land & Environment Court? That would be the best outcome for everyone. Best outcome for the residents who don’t want the facility in that location and best outcome for the developer who (if this DA went ahead) would be trying to run a business in the midst of broad public opposition.

Thankyou

2010-09-20T10:53:00.002+10:00

Thankyou to the Faulconbridge Businesses for their wonderful raffle prize donations. And thankyou to all those who purchased tickets and donated money. The monies raised help defray the costs for public meeting venues, printing, media, phone, our website, emails, etc. All the raffle winners have been notified and received their prizes.

Strategy group meeting 29.8.10

2010-09-12T12:19:00.000+10:00

Click here to open minutes

Public Meeting Presentation 23.6.10 - Research into Crematoriums in Australia and NZ

2010-09-02T18:56:00.002+10:00

Please be patient as the video loads. This video has sound.
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Public Meeting Presentation 23.6.10 - overview of main issues

2010-08-29T18:45:00.007+10:00

Please be patient as the presentation starts. No sound for this presentation.
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Notes from Strategy Group meeting 22.8.10

2010-08-29T08:44:00.002+10:00

Click here

Strategy group meeting 8.8.10

2010-08-13T19:26:00.003+10:00

click here

Churchill Place Springwood

2010-08-13T19:23:00.000+10:00

The coordinating group opposing the Draft Plan of Management for Churchill Place have asked to put a link to their blog for those people interested in following that issue. Click here to go to their website

Comments - Air Quality Impact Report

2010-08-10T10:43:00.001+10:00

click here

Park Meeting 1.8.10

2010-08-10T10:36:00.008+10:00

Click here

Minutes Strategy Group meeting 18.7.10

2010-07-24T22:20:00.002+10:00

Click here

New DA documents

2010-07-08T18:23:00.011+10:00

3 new documents have been received by BMCC from the developer. Council has advised that copies are available for viewing at the Springwood Office from midday Friday 9th July.

¨     Air Quality Impact Assessment report 3 June 2010
¨     Traffic & Parking – supplementary report 27 May 2010
¨     Emissions Data Review report 25 May 2010

To comment on these documents:
¨     write to the General Manager (Blue Mountains City Council Locked Bag 1005 Katoomba NSW 2780)
¨     email to council@bmcc.nsw.gov.au
¨     take written comments to the Council Office.

Quote the DA number X/216/2010

Blue Mountains Gazette 30.6.10

2010-07-05T12:10:00.006+10:00

Meeting hears latest in Faulconbridge crematorium debate

BY KRYSTYNA POLLARD

30 Jun, 2010 09:58 AM

The Faulconbridge crematorium proposal might not come before Blue Mountains City Council (BMCC) for a decision before August, a community meeting has been told.

About 200 people packed Springwood Sports Club last Wednesday, June 23 for the meeting, where speakers addressed the crowd on the anti-crematorium campaign to date followed by a question and answer session.

Click here for link to full article

Meeting 5.6.10

2010-06-08T19:47:00.001+10:00

Click here to view notes from strategy group meeting 5.6.10

Blue Mountains Gazette 1.6.10

2010-06-08T12:46:00.005+10:00

State MP backs fight against Faulconbridge crematorium

BY KRYSTYNA POLLARD
01 Jun, 2010 01:31 PM

The controversial Faulconbridge crematorium proposal could soon be thrust onto the state stage following NSW Upper House MP Lee Rhiannon’s vow to take up the issue.The Greens MP visited the Mountains last Thursday, May 27 to meet with the party’s Macquarie candidate, Carmel McCallum, and chat to local lobby groups about traffic issues, Springwood’s rejuvenation and the proposed crematorium.

Click here for full story

Western Weekender article May 28th

2010-06-07T19:43:00.000+10:00

Click on image for larger copy

Lee Rhiannon has discussions with our group

2010-06-01T17:57:00.001+10:00

Click here to see the story on Lees' blog

Summary of issues

2010-05-20T17:43:00.000+10:00

Click here to view document

Submission checklist

2010-05-19T08:38:00.000+10:00

Provide an honest appraisal of how the development will affect you and the people around you.
Use the resources provided only as a guide; as food for your own words and ideas.
Prepare your letter in concise terms. Don’t repeat yourself. Don’t waffle.
Use point form or prose, depending on how comfortable you are with either form. There are two schools of thought on how this should be done … just be natural.
Don’t over-use CAPITAL LETTERS because it could be construed as SHOUTING
Don’t denigrate anyone … use positive language.
Add a declaration to say that you have not made donations or contributions to any councillors.
Address your submission to the General Manager
Include the File number and full title of the Development Proposal (in our case File No: X/216/2010 Location: 435-437 Great Western Highway, Faulconbridge NSW 2776 Proposed Development: Change of use from motor showroom to funeral home and crematorium)
Send a copy of your submission with a nice covering letter to one or more of your local councillors.
Write a letter to the local newspaper.
Urge your next door neighbour to review the situation and write a submission.

Meeting 16.5.10

2010-05-17T20:08:00.009+10:00

Click here for minutes

Industry Guidelines

2010-05-15T17:30:00.000+10:00

Click here to view

Penrith Press 3.5.10

2010-05-08T11:47:00.007+10:00

A FAULCONBRIDGE residents action group is fighting a development application to build a crematorium 31m from homes.

The proposed site is at 435-437 Great Western Highway and surrounding it are homes, restaurants, businesses and Faulconbridge Public School.

Click here for full article

Submission

2010-05-06T19:35:00.003+10:00

Submission covering social and cultural issues

Radio Interview and photos 29.4.10

2010-05-03T19:37:00.003+10:00

Meeting 2.5.10

2010-05-03T18:29:00.002+10:00

Click here for minutes

Daily Telegraph article 29.4.10

2010-04-29T08:39:00.006+10:00

Angry that death's at their door

By Vikki Campion

From:The Daily Telegraph

April 29, 2010 12:00AM

Click here for full story

Major concerns ... locals protest against a new crematorium in Faulconbridge. Source: The Daily Telegraph

RTA report

2010-04-28T18:28:00.000+10:00

Click on this link to view the RTA report prepared for Councilhttp://tinyurl.com/23k86g9

SAY NO TO CREMATORIUM AT FAULCONBRIDGE

2010-04-28T16:16:00.000+10:00

Put your concerns in writing to BMCC General Manager and all 12 Councillors.

Did you know?

A Development Application has been placed with Council to convert the old Motor Showroom at435-437 Great Western Highway, Faulconbridge into a CREMATORIUM, MORTUARY and FUNERAL HOME.

Are you concerned about:

The Cremation process and emissions - health risks, pollution?
Environmental compatibility. Do you want the most prominent building in Faulconbridge village to be a crematorium?
Increased traffic congestion and parking?
Safety in the school zone as vehicles and funeral processions make U turns at the school and the traffic lights at Grose Rd?
Significant safety issues for people using the Great Western Hwy and surrounding streets?
Effects on local businesses?
Effects on residential property values?

Send in your letters and submissions now!!!

Quote the information below and address your letters and/or submissions to:

General Manager

Blue Mountains City Council

Locked Bag 1005

Katoomba NSW 2780

File No: X/216/2010

Location: 435-437 Great Western Highway, Faulconbridge NSW 2776

Proposed Development: Change of use from motor showroom to funeral home and crematorium

Environmental concerns

2010-04-28T15:53:00.001+10:00

Click on this link for informationhttp://tinyurl.com/2ewak6c

Meeting 25.4.10

2010-04-28T15:51:00.023+10:00

Click here for minutes

Meeting 18.4.10

2010-04-28T15:49:00.003+10:00

Click here for minutes

Meeting 11.4.10

2010-04-28T15:48:00.003+10:00

Click here for minutes

Meeting 3.4.10

2010-04-28T15:28:00.007+10:00

Click here for minutes

Meeting 28.3.10

2010-04-28T15:07:00.018+10:00

Click here for minutes

Some ideas for writing to Council.

2010-04-27T20:06:00.009+10:00

Try to use your own words as copying whole paragraphs will not be as convincing as a personalised letter. Please write today, as our time for action is short.

CHANGE OF USE FROM MOTOR SHOWROOM TO FUNERAL HOME AND CREMATORIUM 435-437 GREAT WESTERN HIGHWAY, FAULCONBRIDGE NSW 2776

YOUR REF. X/216/2010

I refer to the above matter and wish to express my strong objection to the proposal on the following grounds

1. Inappropriate nature of the development for a residential and small business area.

2. Will contribute extensive traffic into an area already saturated with traffic from local residents, Leisure Centre users and Coomassie businesses.

3. Faulconbridge Public School bus area on Grose Road will be used for the Funeral processions to turn around in during school hours from 9.00am to 4.00pm as they need to enter the premise from the Great Western Highway and they can only do that when heading East. The traffic on Plateau Road, Churchill Street and Coomassie will be highly congested and the safety of school children in the general area is under threat.

4. The proposed development will create significant safety issues for people using the Great Western Hwy including local residents and school children entering and exiting Churchill Street. This is because of traffic slowing to enter and exit the proposed development site, traffic unable to park on site trying to locate nearby parking, risks to traffic from corteges leaving the proposed site, and flow on effects in local streets.

5. BMCC has publicly acknowledged there is inadequate parking for the Leisure Centre and does not have the funds to build another formal car park. Overflow traffic parking in nearby streets. This will be worsened by proposed multipurpose courts for Churchill Place by bringing more traffic and no adequate parking or traffic flow response. The proposed development will add to the traffic, parking and noise problems.

6. The development application is being rushed through. It is being put forward during a major holiday period and with only a limited number of local residents being formally advised of the proposal The response period should be extended so the broader community and other major stakeholders such as the Roads and Traffic Authority can be consulted and interested parties are able to review the 150 page submission in a considered way.

7. BMCC planning process is flawed as they continue to consider development applications in the area in isolation rather than as a precinct.

8. This development will set a precedent for the entire Blue Mountains Local Government Area. There is no other funeral home and crematorium facility in Sydney or outer metropolitan area located in such a small area.

9. There needs to be broader community consultation about the environmental and health impacts associated with the vapours released by the proposed crematorium. The chimney is in close proximity to nearby houses and will also impact on further away properties because of wind.

NB. All submissions must be received by Council before 5.00pm, Friday, 30th April

General Manager

Blue Mountains City Council

Locked Bag 1005

Katoomba NSW 2780

If you use email send copies to our parliamentarians Bob Debus and Phil Koperberg, the Mayor, Adam Searle and all BMCC Councillors esp. those who represent Wards 2 and 3. Thanks for your support.

Faulconbridge funeral home plan stirs opposition

2010-04-15T09:48:00.008+10:00

Blue Mountains Gazette 7.4.10
Click here to view article

Link to DA

2010-04-15T08:34:00.003+10:00

http://www.bmcc.nsw.gov.au/yourcouncil/mediareleases/publicexhibitionfuneralhomeandcrematorim

Crematorium = traffic and pollution

2010-04-15T08:28:00.002+10:00

Council is considering a Development Application for a Crematorium and Funeral Home at the previous car yard site on the highway at Faulconbridge. So what's wrong with that? First the location - traffic and parking are already an issue in the area due to the documented problems around the Springwood Aquatic and Leisure Centre (cars already park in nearby residential streets creating safety hazards for residents, Leisure Centre users, through traffic and pedestrians) and , Council has on public exhibition a draft Plan of Management for the old tennis courts site that will add more traffic! And now they want to add in this development less than a kilometre away from these two existing problems.

But why is Council even considering allowing a new Crematorium to be built? Why aren't Natural Burials or less polluting options being considered? A study in South Australia showed that cremation is a significant polluter, contributing an average of 160kg of CO2 to the atmosphere per case. Cremation also tends to release toxic materials into the atmosphere, such as mercury. So why would you even consider it! And who would want to go to a funeral on the Great Western Highway and walk out of the service to the sound and smell of semi-trailers driving past? This site is just wrong! We don't want this for our beautiful “World Heritage” environment