BEGA ECO NEIGHBOURHOOD DEVELOPERS INC

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BEGA ECO NEIGHBOURHOOD DEVELOPERS INC Powered By Docstoc
					 BEGA ECO NEIGHBOURHOOD
      DEVELOPERS INC




    OVERVIEW OF THE
DEVELOPMENT APPLICATION
        (Stages 1 & 2)




             INCLUDES:
   A COMPREHENSIVE SITE ANALYSIS &
STATEMENT OF ENVIRONMENTAL AFFECTS
Acknowledgements
The following members of Bega Eco-Neighbourhood Developers Inc. have
contributed to the preparation of this Development Application: Chris Allen, Peta
Burchill, Rachelle Blick, Fred Brademan, Mel Catlin, John Champagne, David Clarke,
Brendan Dwyer, Tom Duncan, Hallie Fernandez-Markov and Corinne Fernandez-
Markov, Phil Gall, Graeme Gerrard, Vries Gravestein, David Klotz, Barb Lynn, Mel
Kean, Verity Kean, Kathleen McCann, Claude Mamoux, Yves Morsier, Paul Parker,
Michael Sharman, Peggy Storch, Jenny Spinks, Frances Sutherland, Paul
Thompson, Rob Tombs, Roger Ubrien, Peter Wild, Tod Whyman, and Michael Wood.

Their contribution is gratefully acknowledged.

Thoughts from the tutors and students of the July 2004 Permaculture Design Course
held at Mumbulla School are also gratefully acknowledged.




                                                                                2
CONTENTS
ACKNOWLEDGEMENTS ................................................................................................................... 2
CONTENTS ............................................................................................................................................ 3
1       INTRODUCTION......................................................................................................................... 5
    1.1     THE SCOPE OF THIS DOCUMENT .............................................................................................. 5
        1.1.1 Aims .................................................................................................................................. 5
        1.1.2 Consultancies and internally-generated reports .............................................................. 5
        1.1.3 Comprehensive Site Analysis ............................................................................................ 6
        1.1.4 Statement of Environmental Effects .................................................................................. 6
    1.2     BACKGROUND TO BEND ....................................................................................................... 6
    1.3     THE PHILOSOPHICAL BASES OF THE BEND DEVELOPMENT PROPOSAL ................................... 7
       1.3.1 Permaculture .................................................................................................................... 7
       1.3.2 Consensus ......................................................................................................................... 7
    1.4     BRIEF DESCRIPTION OF THE DEVELOPMENT PROPOSAL ........................................................... 8
2       PHYSICAL FEATURES OF THE BEND SITE ........................................................................ 8
    2.1          SITE LOCATION ....................................................................................................................... 8
    2.2          TOPOGRAPHY AND DRAINAGE ................................................................................................ 9
    2.3          FLOOD HISTORY ..................................................................................................................... 9
    2.4          SOILS ................................................................................................................................... 10
    2.5          VEGETATION ........................................................................................................................ 10
3       HISTORY OF LAND USE OF THE BEND SITE ................................................................... 10
    3.1          ABORIGINAL LAND USE ....................................................................................................... 10
       3.1.1 Recent Aboriginal occupation of the Bega River ............................................................ 10
       3.1.2 Aboriginal archaeological survey .................................................................................. 11
    3.2     EUROPEAN LAND-USE ...................................................................................................... 11
4       CONSULTATION ...................................................................................................................... 11
    4.1          ABORIGINAL ........................................................................................................................ 11
    4.2          CASUARINA AGED CARE HOSTEL FOR THE ELDERLY........................................................... 12
    4.3          MUMBULLA SCHOOL............................................................................................................ 12
    4.4          BEGA AND EAST ST RESIDENTS ............................................................................................ 12
    4.5          THE WIDER COMMUNITY ...................................................................................................... 13
5  STAGE 1: PROPOSED SUBDIVISION AND SALE OF LAND TO MUMBULLA
SCHOOL ............................................................................................................................................... 14
6       STAGE 2: DESIGN FOR THE PROPOSED COMMUNITY SUBDIVISION..................... 14
    6.1     OVERVIEW ........................................................................................................................... 14
    6.2     ROADS, CARPARKS AND PATHWAYS .................................................................................... 15
       6.2.1 Cars and people .............................................................................................................. 15
       6.2.2 Road and carpark layout ................................................................................................ 15
       6.2.3 Pathways......................................................................................................................... 15
       6.2.4 Traffic Study ................................................................................................................... 16
       6.2.5 Road and path construction ............................................................................................ 16
    6.3     BLOCK LAYOUT .................................................................................................................... 16
       6.3.1 Overview of block layout design ..................................................................................... 16
       6.3.2 Casuarina Hostel for the Elderly .................................................................................... 16
       6.3.3 Building Envelopes ......................................................................................................... 17
       6.3.4 Maximising Block Numbers ............................................................................................ 17
       6.3.5 Dual Occupancy ............................................................................................................. 17
       6.3.6 Solar Access.................................................................................................................... 17



                                                                                                                                                          3
     6.4     APPROACHES TO THE MANAGEMENT OF WATER AND HUMAN MANURE ................................ 18
         6.4.1 Aims ................................................................................................................................ 18
         6.4.2 Domestic water supplies ................................................................................................. 18
         6.4.3 Composting Toilets and the management of human manure .......................................... 18
         6.4.4 Greywater Treatment ...................................................................................................... 19
         6.4.5 Stormwater management ................................................................................................ 20
     6.5     ELECTRICITY ........................................................................................................................ 20
        6.5.1 Mains Electricity............................................................................................................. 20
        6.5.2 Mandatory solar grid-interactive systems ...................................................................... 21
     6.6     RESOURCE RE-USE (OR “WASTE” MANAGEMENT) ............................................................... 21
        6.6.1 On-site management ....................................................................................................... 21
        6.6.2 Recycling and waste collection by private contractor .................................................... 22
        6.6.3 Responsibilities of the Neighbourhood Association re Resource Re-use ........................ 22
7        STAGE 2: MANAGEMENT OF NON-RESIDENTIAL LAND ............................................ 23
     7.1          AREAS AND SUB-AREAS ....................................................................................................... 23
     7.2          REFORESTATION AREA ........................................................................................................ 23
     7.3          CONSERVATION AREA.......................................................................................................... 23
     7.4          AGRICULTURAL AREA ......................................................................................................... 24
     7.5          MANAGEMENT OF NOXIOUS WEEDS ..................................................................................... 24
8        STAGE 2: THE INFRASTRUCTURE INSTALLATION PHASE ....................................... 25
9        STAGE 2: THE MANAGEMENT PLAN ................................................................................ 25
     9.1      INTRODUCTION..................................................................................................................... 25
     9.2      THE MANAGEMENT STATEMENT.......................................................................................... 25
     9.3      THE INTERIM PERIOD ........................................................................................................... 26
     9.4      NEIGHBOURHOOD ASSOCIATION .......................................................................................... 26
         9.4.1 Aims and objectives ........................................................................................................ 26
         9.4.2 Coordination Committee and Focus Groups .................................................................. 27
         9.4.3 The Social Focus Group ................................................................................................. 27
         9.4.4 The Ecological Focus Group .......................................................................................... 27
         9.4.5 The Land Focus Group ................................................................................................... 28
10       CONCLUSION ........................................................................................................................... 29
APPENDIX 1: MUMBULLA/BEND CORRESPONDENCE .......................................................... 30
APPENDIX 2: OPTIONS FOR SOLAR HOUSES ON NARROW BLOCKS ............................... 31
APPENDIX 3: LETTER FROM THE WASTE PEOPLE PTY LTD ............................................. 32




                                                                                                                                                    4
1 INTRODUCTION
1.1    The scope of this document

    1.1.1 Aims
The primary aim of this document is to provide an integrated overview of the
Development Application (Stages 1 & 2) being submitted by Bega Eco-
Neighbourhood Developers Inc. (BEND) for Lots 23-27 DP88621 (hereinafter called
the BEND site), on the north eastern edge of Bega.

The document is also intended to provide information about the development
proposal to a wider audience, including members of BEND, potential investors and
purchasers, and those with a general interest in sustainable development.

Stage 1 of the Application is the proposal to sub-divide and sell approximately 10% of
the BEND site to our neighbours, Mumbulla Steiner School.

Stage 2 of the Application proposes to put Community Title over the remaining land
and sub-divide some of this land into 21 freehold residential blocks that vary in size
from approximately 580 to 920 sq m. The Title will cover these blocks and all
community facilities, including the agricultural, reforestation and conservation areas.

In providing the overview of this development proposal we examine the following:
     The physical, ecological and cultural components of the BEND site.
     The environmental effects of the project.
     The consultation with potential stakeholders that the proponents have
        undertaken.
     The proposed sub-division with Mumbulla School
     The design components of the development proposal.
     The Management Plan that forms the basis of the legally-binding document
        that will be implemented under the Community Title Act to ensure the aims
        and objectives of the development are achieved.

    1.1.2 Consultancies and internally-generated reports
The Overview includes summaries of the following consultancy and internally-
generated plans and reports covering specific aspects of the proposal that are
included with this application.
     Plans for Roads and pathways, car parking areas, layout of Lots and resource
        re-use areas: David Clarke Architects.
     Plans for Services and Stormwater Management: Geoff Metzler and
        Associates.
     Plans and associated reports1,2 for Greywater Management: Design Evolution
        (Phillip Gall and Paul Parker).
     Botanical Assessment: Miles (2004)3
     Traffic Study: BEND Design Team (2005a4) - principle author Chris Allen.

1
  Gall P. L. (2005a). On Site Sewerage Assessment for Lots 23-27 DP88621. Design Evolution PO Box
122 Tathra NSW 2550.
2
  Gall P. L. (2005a). On Site Greywater Design Assessment for Lots 23-27 DP88621. Design Evolution
PO Box 122 Tathra NSW 2550.
3
 Miles J. (2004). Report on the vegetation of the Anabranch Block, Bega. Jackie Miles, Consultant Botanist,
Hawkshead Road , Brogo NSW 2550


                                                                                                              5
           Resource Re-use: BEND Design Team (2005b5) - principle author, John
            Champagne.
           The Management Plan (BEND Legal Team 2005)6 - principle author Paul
            Thompson

The following information, generated from consultancies and outside professional
advice, is provided within this document and appendices:
    The stormwater management proposals for the development, developed by
       Metzler and Associates, Structural and Civil Engineers.
    The electricity services proposed for the development, provided by solar
       electricians Fred Bradenman (ARTA Pty Ltd) and Michael Wood.
    Options for effective solar architecture on blocks with a narrow east/west axis,
       developed by Yves Morsier (Architect).

The Aboriginal cultural and archaeological heritage assessment (NSW Archaeology
Pty Ltd 2005)7 is proceeding and will be provided as soon as possible (Section 3.1).

   1.1.3 Comprehensive Site Analysis
Because this document provides an assessment of the physical and environmental
characteristics of the site, it fulfils the requirement of a Comprehensive Site Analysis.

    1.1.4 Statement of Environmental Effects
Every aspect of the proposal has considered the needs of the environment, with
enhanced environment outcomes being a primary goal. Environmental
considerations and themes weave through this document to the extent that it fulfils
the requirement of a Statement of Environmental Effects.

1.2        Background to BEND
Bega Eco-Neighbourhood Developers Inc. (BEND) is a non-profit Incorporated
Association seeking to develop an eco-neighbourhood on the edge of Bega. Its aim
is to purchase land and develop a working ecologically and socially sustainable
urban housing neighbourhood, which will allow for a diverse socio-economic
community.

The Association was established in Dec 2002 with the following objectives embedded
in its constitution:
      To purchase land for housing, agricultural and other uses;
      To ensure that these buildings and activities are ecologically and socially
         sustainable;
      To encourage the development of a socially and economically inclusive
         neighbourhood;
      To work together with other groups in attaining these objectives;
      To support the formation of a community (or residents) association who will
         maintain these objectives.



4
    BEND Design Team (2005a). Traffic Study for the BEND Development Proposal. Principle Author, Chris Allen
5
    BEND Design Team (2005b) Resource Re-use. Principle Author, John Champagne , Brogo Permaculture
Gardens NSW 2550.
6
  BEND Legal Team (2005). The Management Plan for the BEND Development Proposal. Principle Author, Paul
Thompson.
7
  NSW Archaeology Pty Ltd (2005) Archaeological and Cultural Assessment Study of the BEND site. Julie Dibden.
NSW Archaeology Pty Ltd. 97 Sugarloaf Cct ACT 2913.


                                                                                                           6
In a little over two years the Association has grown and now has more than 70
members.

Lots 23-27 DP88621 (the BEND site) were purchased in July 2004. Work
immediately commenced on preparing this Development Application. Teams drawn
from the membership, with some consultancy support, prepared different aspects of
the proposal. Final decisions were ratified through a consensus decision-making
process.

1.3     The philosophical bases of the BEND development proposal
Those of us who have participated in preparing this development proposal share the
views that:
 Individually and as a society we have to significantly reduce our ecological
    footprint on the earth. In particular our current consumption of energy, water and
    soil cannot be sustained.
 As individuals and communities we are both diverse and interdependent. For
    human life to be sustainable we need to accept our diversity and work creatively
    with each other.

These views are at the core of the BEND development proposal.

      1.3.1   Permaculture

The principles of Permaculture8 are at the heart of this development proposal.
Permaculture is a system of energy efficient design for sustainable human
settlements; a philosophy and an approach to land use that weaves together
microclimate, annual and perennial plants, animals, soils, water management and
human needs into intricately connected, productive communities. It is applicable to a
single balcony or a large settlement.

Permaculture principles also give a framework for making human decisions. It
provides a method for site design that is holistic in its application. The connective
design process is applicable to the siting of a house, the house design itself, garden
design, food production sites, integration of animals, farm and village design and the
placement of shelterbelts and infrastructure. The design looks at elements in all their
functions rather than in isolation and as a single product.

The aim is to create systems that are ecologically sound and economically viable,
which provide for their own needs, do not exploit or pollute, and are therefore
sustainable in the long term.


We have been lucky to be able to purchase a site that provides excellent
opportunities to design a neighbourhood where we can apply these principles and
thereby maximise opportunities for residents to reduce their consumption of energy,
water and use of soil and increase the recycling of outputs within their immediate
living environment.

  1.3.2 Consensus
BEND was established on the basis of inclusion and consensus, with the intention of
empowering members to participate fully in decision-making. Meetings have always

8
 Bega Eco-Development Group (1999). Bega Eco-Development Project. Available through Bega Eco-
Neighbourhood Developers Inc PO Box 715 Bega 2550.


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been open to anyone and decisions have been made by consensus. Our Rules of
Incorporation include a definition of consensus and provide an alternative process
should consensus fail.

Consensus9 is an inclusive and empowering decision-making process whereby those
present participate in discussion to reach a decision, which is agreed upon by all to
be the best decision for the group. The process rests on the fundamental belief that
each person has a piece of the truth. Each member of the group therefore must be
given space and time in which to speak his or her truth and each must be listened to
with respect. In consensus, as in ecosystems, each individual rules and is ruled by
the larger community. In this web of reciprocal relationships, the beauty and strength
of the whole is created.

Some BEND members have experience of Quakerism and/or Re-evaluation Co-
counselling which have enhanced our confidence in the effectiveness of listening to
each other and consensus decision-making. Many of us have been active in such
activities as the Local Exchange Trading System (LETS), Willing Workers on Organic
Farms (WWOOF), Ethical Investment Initiatives, Community Gardening, and shared
working bees on each others’ backyards and properties and have brought these
community-based experiences to the BEND project.

1.4 Brief description of the development proposal
This Development Application has been prepared by BEND members, most of whom
live locally. It has been a complex, educative and consultative process that has
reached out in many directions for professional and lay input, including from
Permaculture Designers, David Holmgren, Hugh Gravestein and Robyn Francis.

In many ways it is a pioneer initiative that tries to face and deal with some of the
profound problems of human settlement that our society is facing.

We acknowledge additional consultancy support from outside the organization, the
support from Bega Valley Shire Council staff and councilors, and the wider
community in the work we have done so far. We remain open to further information
and advice that will enhance this project.


2 PHYSICAL FEATURES OF THE BEND SITE
2.1   Site location
The BEND site is situated on the north eastern edge of Bega, approximately five
minutes walk from the town centre. It is bounded by East St to the east, Bridge St to
the north, residential blocks (including Casuarina Hostel for the Elderly) to the south,
Parker St (designated, but not constructed) to the north west and alluvial agricultural
land to the south west. The Bega Valley Shire Council are neighbours to the east (the
old racecourse site) and the north (the Bega River).

Figures 1 & 2 show the property boundaries and the site location.




9
Briggs, B. (2000). Introduction to Consensus. Available through Bega Eco-Neighbourhood
Developers Inc Po Box 715 Bega 2550.



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2.2   Topography and drainage
The site consists primarily of an alluvial floodplain with gentle north-facing slopes on
its southern section.

An anabranch system that is part of the Bega River passes through the floodplain
and is its major physical feature. It is deeply incised, deeper than the Bega River,
highly erodible in places and has relatively large pools of permanent water. The
anabranch has two entry points onto the BEND land:
     From Bridge St into the north western corner of the block, where it is close to
       the Bega River.
     From the agricultural property to the west. Here there is a large lagoon that
       extends westwards towards Auckland St. This lagoon is part of a wetland
       complex that takes almost all of Bega’s stormwater runoff. The lagoon drains
       onto the BEND site from the west through a depression area and then into a
       deep gully which then joins the main anabranch system.

The anabranch then exits the BEND site on the East St side of the property and
passes onto the old racecourse site to the east.

South of the anabranch is the main flats area. Most of this area drains gently in a
west north west direction (almost the opposite direction to that of the anabranch and
the Bega River) to the junction of the deep gully and anabranch.

The remainder of this area drains to the east through a culvert in East St. This part of
the site receives stormwater run-off from Bega and East Streets. Its topography is
such that, during high rainfall events a large pond is formed in its lower areas before
reaching a level that it can flow through the culvert. This wetland feature means that
the BEND site already processes a significant portion of stormwater runoff from
adjoining areas.

2.3   Flood history
Much of the site is subject to repeated flooding. The severity of flood events are
influenced primarily by two geographic features:
      The site is close to the junction of the Bega and Brogo Rivers. In the event of
        heavy and prolonged rain in both river catchments enormous bodies of water
        meet at the junction and flow into the anabranch and over the adjoining
        floodplain.
      Much of the stormwater from the township of Bega flows into the
        lagoon/wetland system to the west and then into the anabranch. Indeed, the
        drainage features of the BEND site make a vital contribution to the system
        that processes stormwater from the town.

The physical fluidity of the floodplain area is demonstrated by the shift in position that
has occurred to the large lagoon to the west of the BEND site. Maps of Bega from
the 1930’s indicate that this has shifted approximately 100 meters to the south since
then and now occupies the area where part of Lagoon St (designated, but not
constructed) is located.

The 1971 flood was the most spectacular in living memory, and it is from the high-
waters of this flood that the 1 in 100 year flood-line has been delineated.

On the BEND site this flood-line runs from the south eastern corner, extends in a
west north west and then north westerly direction to a “peninsular” area in the south



                                                                                        9
western/central portion of the block, and then in a southerly and then westerly
direction to the western boundary (Figure 1).

2.4    Soils
The soils on the BEND site are sandy loam with a decomposed granite parent rock
sub soil. There is quite a high level of variability as to the proportions of sand and
loam in the topsoil. In general the loam content tends to be higher on the upper areas
of the site. Because the lower area is a flood plain where sand has been deposited in
successive flood events, the loamy content tends to be lower. However, this is quite
variable with the sand content much higher in some places than others.

2.5     Vegetation
A brief vegetation survey was undertaken by Miles (2004)10 to provide information
about the nature of the pasture, any remnant native vegetation on the site and any
weed problems. The southern end of the property was not visited. The survey
covered the anabranch and its tributary gully and the pasture on the flats on either
side of it.

In summary, no native grasses or herbs were observed in any part of the area
surveyed except in the anabranch.

Over the remainder of the site, including the area proposed for subdivision, brome
grass, kikuyu and perennial ryegrass are the predominant species. Cocksfoot and
vetch are also common. The noxious weed, African lovegrass is also relatively
common, as is blackberry along the western boundary. Fireweed is present in low
numbers. Saffron thistle and fennel are also present. Exotic deciduous trees are also
present, particularly along the existing track into the site. The species include the
White and Lombardy poplars, English oak, Plum and Camphor laurel.

Some River oaks (Casuarina cunninghami) have been planted along the western
boundary and are now well established.


3 HISTORY OF LAND USE OF THE BEND SITE
3.1    Aboriginal Land Use
The information provided here is brief and fragmentary. An Aboriginal Cultural
Heritage and Archaeological Assessment is proceeding and will be submitted to the
Bega Valley Shire Council as soon as possible.

    3.1.1 Recent Aboriginal occupation of the Bega River
There is a rich history of Aboriginal occupation until the mid-seventies of the Bega
River area where it loops around the town of Bega. The consultation process that we
have undertaken with Aboriginal people (Section 4.1) has enabled us to meet with
several Aboriginal elders with much to tell about this history. Their information will be
included in the Assessment.




10
  Miles J. (2004). Report on the vegetation of the Anabranch Block, Bega. Jackie Miles, Consultant Botanist,
Hawkshead Road , Brogo NSW 2550




                                                                                                               10
A major camp was just to the north west of the BEND site, by the junction of the
Bega and Brogo rivers. Many Aboriginal people were employed as seasonal pickers
(primarily bean-picking) by farmers along the Bega River Flats.

    3.1.2 Aboriginal archaeological survey
Sites Officers from the Traditional Aboriginal Elders Council undertook a survey of
the proposed development site in Nov 2004. No Aboriginal sites were visible on the
surface. Further surveys by an archaeological consultant were recommended
because it was felt that the potential for Aboriginal sites to exist within the proposed
development area was high.

The field component of this survey was postponed because of additional
requirements required by the Department of Environment and Conservation (DEC) of
the proponents in regards consultation with potential Aboriginal stakeholders.
Providing stakeholder support for the proposed methodology can be obtained, the
survey will be undertaken on the 14/2/05.

The results of this survey will be included in the Assessment.

3.2 European land-use
Anecdotal information suggests the following European land-use activities:
    Annual cropping, primarily for corn and beans, was the primary agricultural
      activity in late 18th and early 19th centuries.
    Until its sale to our Association the land was owned by the Spence family for
      several decades. The family also owned and managed the tannery that was
      to the west of the BEND site. Wattlebark for the tanning process was stored in
      the barn that is still standing on the BEND land.
    In recent decades the land was used for grazing beef and later dairy cattle.
    In recent years the land where the block subdivision is proposed (and the old
      barn) has been agisted for the grazing of trotting horses.

When BEND purchased the site the river flat areas had been neglected for some
years such that fuel loads and levels of noxious weed infestation were high.

4 CONSULTATION
4.1   Aboriginal
In developing the project BEND members consulted widely with the Aboriginal
community. Specifically we have:
    Written to the Bega Local Aboriginal Land Council (BLALC) informing them of
      the project and welcoming discussion with interested members of the
      Aboriginal community about the project;
    Discussed the proposal with the Coordinator of the BLALC;
    Discussed the proposal with other members of the Aboriginal community;
    Initiated meetings with Aboriginal housing providers (Southern Women’s
      Housing) to discuss ways in which housing for Aboriginal people could be
      included in the project;
    Contracted the Bega Traditional Aboriginal Elders Council (BTAEC) to
      undertake preliminary archaeological surveys and, on their advice, following
      this survey;
    Engaged consultant archaeologist, Julie Dibden, to undertake a more
      thorough Aboriginal cultural assessment and archaeological study of the site.



                                                                                     11
          Informed Merimbula-based DEC Aboriginal Cultural Heritage Officer of the
           project and requested a site search.

The day before the archaeological study was due to be undertaken we were informed
that a new policy requirement implemented by DEC on the 1/1/05 required more
extensive consultation with the Aboriginal community as to the methodology and
undertaking of the survey.

On the advice of the Department of Aboriginal Affairs, letters were sent to 42
Aboriginal people who were either registered as traditional owners of Biamanga and
Guluga, or who had requested registration as owners. Of the five responses, one
(Mary Duroux) provided a rich history of Aboriginal occupation of the Bega River
area, particularly to the north of the BEND site.

4.2       Casuarina Aged Care Hostel for the Elderly
After we purchased the site the Board and the CEO of the Hostel communicated
about the following outcomes that they would prefer:
    1. The development did not impact on the view available to residents in the main
       lounge.
    2. That no road passed directly in front of their building.
    3. That stormwater that passed from the roof of the hostel onto the BEND site
       was an issue that needed addressing.
    4. That egress be available to residents and staff onto the BEND land in the
       event of fire.
    5. That because residents had very little garden space the hostel would like
       garden space where they could get some fresh air and exercise.

The road and pathway and block layout design that we have developed (Sections
6.2.1 & 2) takes into account these outcomes.

4.3       Mumbulla School
Mumbulla School has expressed the need to secure their school from potential traffic
impacts and to increase building and playground space. The school’s interests have
been well represented in BEND in that several BEND members are also parents of
children at the school.

There have been a series of meetings with the school’s Land Focus Group,
convened to discuss the development proposal and the possibility of subdividing and
selling land to the school.

BEND and Mumbulla School are in the process of negotiating a Memorandum of
Understanding to enhance the long-term relationship between the two organisations.

4.4       Bega and East St residents
Consultation with Bega and East St residents involved leafleting and doorknocking at
all dwellings on the northern side of Bega St, to the west of Parker St and those on
East St to the north of Bega St. Subsequent meetings have been arranged with 4 of
the residents.

The only owner who has voiced concern about the design proposal is the owner of
43 East St. He has requested that no building should be placed on Block 1 and that
the road should enter the site on its northern (lower) edge, where the pathway entry
into the BEND site is proposed. He has signalled his intention to object to our
proposed plan unless we agree to these changes.


                                                                                 12
We acknowledge that our proposal does have an impact on 43 East St and have
given deep consideration to this issue. We also acknowledge that the owner has
approached this issue with a spirit of goodwill and are grateful for this.

BEND members have met with the owner (24/1/05). Following this meeting, we
concluded that we would prefer to proceed with building on Lot I. This is for the
following reasons:
      There is a shortage of building land in Bega and we wish to maximise (within
        current zoning parameters and the needs of good site design) our contribution
        to providing housing opportunities for people in Bega;
      The remaining blocks will cost on average approximately $4500 more if we
        don’t sell Lot 1 as a building block. This will make it less easy for BEND to
        fulfil its affordable housing objective. We stress here that BEND is a non-profit
        organisation.
      The Community Title Management Statement By-laws state that the building
        on Lot 1 shall be single occupancy and only one storey. It will therefore not
        block the view of Mumbulla Mountain nor impact on solar access for number
        43 East St.

We also feel that the location of the road provides a far better design option overall
than locating it to the north of Blocks 1-12. In the planned location it will flood less
frequently. The impact of cars on all these blocks will be significantly less as their
dwellings will be on the southern end of the blocks, orientated to the north, away from
the road. Also there will be greater integration between the residents’ gardens and
the agricultural land below, and in particular, children will be able to move more
safely between these areas.

The main entrance to the neighbourhood for visitors will be at the northern end of the
car park. To reduce the impacts of traffic noise on 43 East St a 2.5m buffer between
the common boundary and the road will be provided and planted with suitable
screening plants. Only residents, visitors of residents and service providers will be
using the road and there will also be a 10 km speed limit on the road which will
further reduce noise impact.

4.5   The wider community
In addition to the above consultation BEND has undertaken the following:
     Presented information about the proposal to Bega Valley Shire Council
        (BVSC) councillors and staff.
     Provided a display for a “Show and Tell” event organised by the Bega
        Business Council at the Bega Cheese Heritage Centre.
     Presented information about the proposal to the Bega Chamber of
        Commerce.
     Had meetings with housing providers
     Held two public meetings, one of which included a presentation by
        Permaculture Consultant, Robyn Francis who gave a presentation about a
        permaculture hamlet (Jarlanbah) on the edge of Nimbin. This is managed
        under Community Title in a similar way to that which is being proposed for the
        Bega Eco-Neighbourhood.




                                                                                      13
5 STAGE 1: PROPOSED SUBDIVISION AND SALE OF
  LAND TO MUMBULLA SCHOOL
Stage 1 of this Development Application proposes to sub-divide and sell
approximately 10% of the BEND site to our neighbours, Mumbulla Steiner School.

The area is on the western side of the site, immediately to the north of property
owned by Mumbulla School (Figure 2)

The deposited plans mark the proposed boundary of the land proposed for sale.

Currently, the BEND site has legal access above the 1-in-100 year flood-line along
Parker St (designated but un-constructed). However, if this street was developed as
the main vehicular access to the BEND site, the impact on the school would be
severe. At the very least, extensive and costly re-organisation would be required and
the quality of the site for the school would be permanently reduced.

This awareness has been fundamental to the decision to sell a part of the BEND site
to the school and adapt the design accordingly. The sale will provide opportunities to
the school to increase building and playground space and improve the site design for
these facilities.

The School and BEND have reached agreement in principle on the sale price,
boundaries and easements, subject to DA approval from the Bega Valley Shire
Council. These easements (Figure 1 and site plans) are:
    A permanent easement providing emergency vehicles access from and
        egress to Parker St for BEND residents and visitors (to be used only in the
        event of flooding at the East St entry)
    A pedestrian/cycle path that will provide access from and egress to Bega St
        for BEND residents and visitors
    A pedestrian/cycle path that will provide access from and egress to Bridge St
        for the school.

Documentation regarding the above is provided in Appendix 1.


6 STAGE 2: DESIGN FOR THE PROPOSED
  COMMUNITY SUBDIVISION
6.1   Overview
Stage 2 of the Application proposes to put Community Title over the remaining land
and sub-divide some of this land into 21 freehold resident blocks that are between
580 and 920 sq m. The Title will cover these blocks and all community facilities,
including agricultural, reforestation and conservation areas.

An important component of the design of the proposed Community Title subdivision
is to maximise opportunities for the careful use of energy and water and to reuse
outputs from residents wherever possible. Enhancing organic food-producing
opportunities on the slopes and flats below the development by storing and
distributing water and nutrients after they leave the residential area are integral to the
design.




                                                                                       14
This section describes the different components of the proposal and provides
background information for the reasons why particular design decisions were
reached.

6.2   Roads, Carparks and Pathways

   6.2.1 Cars and people
The neighbourhood design puts homes, pedestrians and cyclists before cars and
roads. Proximity to the town centre means many journeys to town will not need a car.
We want to encourage people to leave their car behind. The design aims to reduce
and calm traffic for the following reasons:
    To reduce our dependence on fossil fuels
    To enhance the quality of life in the neighbourhood by minimising traffic
       impacts
    To provide a safer environment for everyone, especially children.

   6.2.2 Road and carpark layout
Decisions concerning road and carpark design for the site have been primarily
determined by the wish to minimise car impacts on the residential area, Mumbulla
School and Casuarina Hostel. For information on impact reduction strategies for 43
East St see Section 4.4.

In the design, proposed roads are categorised as follows:
     Vehicle Access. This will enter the site close to the southern boundary from
        East St and will form vehicle entry into and egress from the site. The sealed
        road will end beyond the residents’ carpark and vehicle turning area to the
        south west of Lot 13. The Vehicle Access is a private road for the use of
        residents, their visitors and service providers only and is planned to be a
        single lane road with passing bays and a speed restriction of 10 kph. We
        envisage this to be a back lane. It will not be the main entrance.
     Restricted Vehicle Access. This will extend from the western end of the
        sealed access and provide vehicle access to Lots 14 - 21. Vehicle access will
        be limited to providing disabled access, delivery and removal of construction
        materials, access necessary for the construction and maintenance of
        buildings, provision and maintenance of utility services, emergency vehicle
        access, and delivery and removal of heavy household furniture etc.
     Vehicle Flood Access. This will also commence from the western end of the
        sealed access and extend behind Lots 14 – 17, through the land proposed for
        subdivision to Mumbulla School, to Parker St.

Car parking facilities for residents of Lots14 – 21 will be provided to the south of this
road (16 places). Vehicular access to these blocks will be restricted, effectively
making this cluster of blocks a car free zone.

Another car park for visitors will be located on the East St side of the site, below the
main entry.

   6.2.3 Pathways
The design for the network of paths is based on providing pedestrian and cycle
access to all blocks and encouragement to residents and visitors to walk or cycle as
much as possible.




                                                                                      15
Pedestrians and cyclists will be able to access and leave the site through either the
main entrance from the town (to the south west through an easement between
Mumbulla School and Casuarina Hostel for the Elderly to Bega St) or to the east
along a path that will be located to the north of Lots 1 - 12.

   6.2.4 Traffic Study
A Traffic Study has been prepared by the BEND Design Team (2005a)11 This
provides information on:
    Existing land use and traffic conditions;
    Road design within the proposed development;
    Parking provision within and on the edge of the proposed development;
    Impact of the projected increase in traffic within the wider neighbourhood.

The study concludes that the projected increase in East St of vehicles during peak
periods will result in an increase in traffic conflicts at East St/Bega St and East
St/Carp St junctions. However, this impact will only be negligible.

    6.2.5 Road and path construction
All roads will be constructed using high quality gravel, laid to a depth of at least
200mm. The road surfaces will be as follows:
     The Vehicle Access will be sealed with asphalt.
     The Restricted Vehicle Access will be paved.
     The Vehicle Flood Access will have a gravel finish.

All Cycle and Foot Accesses will be constructed with a sub-surface of at least
100mm of sharp sand and then paved.

6.3       Block layout

    6.3.1 Overview of block layout design
The principles of pattern language12 were applied in the early stages of the block
layout design. These principles attempt to reach out beyond architectural constraints
to the language of the built environment that is a core human expression and which,
at its best, merges into and reflects the surrounding environment. Applying these
principles is a basic approach to design work often used by permaculturalists.

In order to maximise garden space on the northern side of each lot, and to prevent
any one building generating shadows on, or imposing on the view of a neighbouring
one, building envelopes have been established that determine where single and
double storey buildings, and car park and utility areas will be located on each block.

A major factor in the block layout design is to take advantage of the predominating
north-facing slope in order to maximise options for solar architecture for all houses.

    6.3.2 Casuarina Hostel for the Elderly
The block layout design provides an open area in front of the Hostel that extends for
35 meters. In the site survey that was undertaken the floor level of the lower
lounge/dining/recreation area of Casuarina Hostel was taken to enable us to
calculate where buildings can be positioned to the north so as to not interfere with the

11
     BEND Design Team (2005a). Traffic Study for the BEND Development Proposal. Principle Author, Chris Allen
12
 Alexander, C. (1977) Pattern Language: Instances of successful design strategies for towns. Oxford
University Press. New York


                                                                                                          16
residents’ view. Houses immediately to the north of this open area will only be single
storey.

    6.3.3 Building Envelopes
Defined building envelopes (i.e. the location and type of building) will be mandatory
for each Lot. These have been delineated to maximise options for:
     Solar architecture
     Privacy
     Garden space on the northern side of dwellings
     Views over the river flats

The building envelopes are divided into the following zones:
    A: car accommodation and utility zone,
    B: double or single storey zone,
    B1: single or double storey with double storey only permitted below main level
       zone,
    C: single storey only zone,
    D: non-vehicle blocks utility zone.

Details of the building envelope zones permitted on each lot are provided on the
deposited plan.

   6.3.4 Maximising Block Numbers
We also wanted, within the above constraints, together with those of the existing
zoning13, to maximise the number of blocks that would be available within the
Neighbourhood. This is primarily so that we can provide cheaper blocks and thus
enable housing to be more accessible to less well-off members of the community.

The outcome (21 blocks) leans towards the minimum size allotment of Zone 2(a)
(550 m2) with a relatively high proportion of narrow and long blocks extending to the
north.

     6.3.5 Dual Occupancy
The subdivision proposal, parking provisions and traffic impact assessment provides
for the option for dual occupancy to be available on the majority of blocks.

   6.3.6 Solar Access
Section 12.1 of Bega Valley Shire Council (2002)14 states the following:
   ………. In addition to the above standards, at least 80% of lots in each
   proposed subdivision must have sufficient dimensions and area to contain a
   rectangular building of not less than 18 metres by 10 metres with the long axis
   aligned within 20 degrees of east-west, while maintaining normal minimum
   building setbacks from all boundaries. The purpose of this requirement is to
   ensure that houses can be aligned to achieve good solar access. Re-
   subdivisions of existing residential lots will not be prevented where it is not
   practical to comply with this standard, however subdivisions should be
   designed to achieve reasonable solar access to each lot wherever possible.

13
   Bega Valley Shire Council (2002). Development Control Plan No2. Subdivision Standards. Bega
Valley Shire Council, Bega NSW 2550.
14
   Bega Valley Shire Council (2002). Development Control Plan No2. Subdivision Standards. Bega
Valley Shire Council, Bega NSW 2550.



                                                                                                 17
The Council’s objectives in achieving good solar access for buildings are laudable
and fully supported. However, effective solar access can be achieved for buildings on
relatively narrow blocks aligned north/south. The information provided in Appendix 2
demonstrates some options as to how this can be achieved. These options will be
made available to inform Lot purchasers.

The designs presented in Appendix 2 do not include solar and electricity hot water
panels. Information concerning design and building options for these is provided in
Section 6.5.

6.4   Approaches to the management of water and human manure
     6.4.1 Aims
The proposed management of water and human manure on the BEND site will aim
for the following:
     1. Self-sufficiency in residents’ water requirements except in periods of
         extended drought.
     2. To collect and store water where appropriate.
     3. To create opportunities for multiple uses for water as it passes through the
         site.
     4. To use gravity-feeding options wherever possible.
     5. To use natural plant systems to prevent soil-loss, reduce flow-velocity and
         maximise water uptake.
     6. To use the natural features of the site to enhance the above objectives.
     7. To process human manure through waterless composting toilets and
         composting systems and then recycle the resulting compost safely.

We have attempted to reflect these objectives in design of the services proposed in
Sections 6.4.2 – 6.4.5 below.

     6.4.2 Domestic water supplies
There will be a mandatory requirement for each house to have a minimum of a
20,000 litre rainwater tank for domestic and garden use. Overflows from these tanks
will be piped underground to the swale system below (Section 6.4.5).

Currently the stormwater flowing from the roofs of the Casuarina Hostel buildings
flows onto the BEND site. Casuarina has the responsibility to negotiate an easement
for this water. Subject to successful negotiation with the Hostel, BEND could capture
and store this water. Storage capacity of this resource could be provided in the form
of concrete water tanks (total capacity of 280000 litres) to be constructed to the south
of the Neighbourhood car park.

Mains water will be provided, but only in the form of fire hydrants stationed at 70m
intervals throughout the site. During periods of drought, if domestic tanks run dry, the
fire hydrant water outlets (or the storage tanks from Casuarina Hostel) can provide
back-up water supply.

      6.4.3    Composting toilets and the management of human manure
6.4.3.1     Composting toilets
All residences and community and public facilities in the Neighbourhood will process
human manure in Waterless Composting Toilets. These may be continuous or




                                                                                     18
batching systems with NSW Health Department Approval or Owner designed and
built systems subject to NSW Health Department Advisory Note 1 (October 2000).15

6.4.3.2   Drainage
All compost toilets will be permanently drained to the greywater treatment system.
The drain line from compost toilets will connect to the greywater main connection
pipe below the sand filter and diversion valve.

6.4.3.3     Compost Management
The composted humus will be removed from the chamber by the owner and applied
within the boundaries of the premises and held for a further three months in a lidded
aerated container on residents’ blocks. Disposal of composted humus shall be in
accordance with guidelines in NSW Health Dept (1998)16.

6.4.3.4  Maintenance
Maintenance will be the responsibility of the owner/occupier.

         6.4.4 Greywater Treatment

6.4.4.1    Reduced Water-Use
This section is a summary of the consultancy undertaken by Design Evolution for the
greywater component of the BEND development proposal. Copies of the plans and
reports planned17,18 by Design Evolution are provided with this submission.

Because of the following factors householders on the BEND site will only use
approximately 50 % of water compared with that used by the average householder:
    All householders will use dry composting toilets (Section 6.4.3).
    Full water reduction facilities19 will be mandatory.
    There will be a general culture of water conservation.

This reduced water-use means that greywater can be more easily treated and utilised
on site.

6.4.4.2      Greywater Flow
The greywater from each dwelling and community facility will pass through a sand
filter situated at each building. From the sand filter greywater will flow to a reuse
system within the boundaries of an individual block or directly to a subsurface
drainage system. In this way each owner or occupier will be free to choose to reuse
or not.

6.4.4.3     Sand Filters
Sand filters installed by homeowners on individual blocks will be those approved by
the NSW Department of Health (i.e. Nature–Loo) or an owner-built system approved
by BVSC.

15
   NSW Health Department Advisory Note 1 (October 2000). Exemption of Sewage Management Facilities to be
Accredited, Application of Clause 43(2) Local Government (Approvals) Regulation, 1999.
16
   NSW Health Dept (1998) On Site Sewage Management for Single Households. (Section 5.3.4 Waterless
Composting Toilets)
17
   Gall P. L (2005a). On Site Sewerage Assessment for Lots 23-27 DP88621. Design Evolution PO Box
122 Tathra NSW 2550.
18
   Gall P. L (2005a). On Site Greywater Design Assessment for Lots 23-27 DP88621. Design Evolution
PO Box 122 Tathra NSW 2550.
19
     Full water reduction facilities as specified in AS 1547-2000 Appendix 4.2D page 141 note 3 Appendix 2.



                                                                                                              19
6.4.4.4    Reuse within block boundary
Where an owner or occupier chooses to reuse greywater within a block boundary a
plan for subsurface irrigation will accompany the Development Application. In wet
weather moisture sensors will monitor soil moisture levels and switch valves to divert
flow from reuse to sub-surface drainage for the duration of the wet weather event.

6.4.4.5    Subsurface Drainage System (Modular Drain)
As a wet weather backup to reuse and when reuse is not required a subsurface
drainage system is proposed. Two or three subsurface drains across a number of
lots and on common land will be capable of handling the full hydraulic load of all lots
in wet weather conditions.

    6.4.5 Stormwater management
This section is a summary of the consultancy undertaken by Metzler and Associates,
Civil and Structural Engineers for BEND for the stormwater management component
of the BEND development proposal.

The stormwater management system is designed to capture, store and then utilise as
much rainwater that falls on BEND land and which flows onto the BEND land from
outside its boundaries.

The main feature of the stormwater design is the placement on the landscape of 5
swales; these are ditches that generally run on the contour and can be of varying
width and depth that trap, store then slowly absorb water. Vegetation is planted along
them and in particular trees whose deep root penetration over the years continually
improves the effectiveness of the swale.

The swales will be established through the garden areas of the residential blocks and
along the upper slopes of the agricultural land below.

The dams capture the water that flows through the swale system. The easternmost
dam will be divided into two sections to enable the filtration of water that flows onto
the BEND site from East Street, and also that will flow via a drain from the road
providing the main access to the BEND site.

All overflows from domestic household tanks as well as the tanks storing Casuarina
Hostel’s water will also run into the swale system.

All stormwater drains, where possible, will be surface drains allowing for featured
landscaped designed gardens.

6.5   Electricity

   6.5.1 Mains Electricity
The section on the provision and management of electricity is a summary of the
advice provided by Solar Electricians Fred Bradenman (ARTA Pty Ltd) and Michael
Wood.

All blocks will be provided with mains electricity from a 160 KVA transformer mounted
on a 1830mm X 1220mm X 250 mm concrete pad. This will be located on the
residents’ car park on the eastern side of the proposed shed. From this transformer
underground high and low voltage mains cables to the boundary of each Lot will be
installed.



                                                                                    20
An easement will be negotiated with Southern Energy to allow access to this area.

    6.5.2 Mandatory solar grid-interactive systems
In order to reduce dependency on mains electricity, and to encourage solar electricity
generation on site, solar grid-interactive systems will be mandatory for each
household. One advantage of a grid-interactive system is that batteries are not
needed.

The proposed system includes:
    A decentralised solar grid system for each household. This will enable owner
       monitoring of power-use, and a greater integration of consumption with
       renewable energy availability.
    Integration of solar modules and solar hot water panels in north facing roof or
       other areas with maximum solar access all year around.

A summary of information provided by ARTA Pty Ltd recommended the following
options:
     512 Watt Solar input giving ca 2 KWH per Day on average.
     1024 Watt Solar input giving ca 4.1 KWH per Day on average.
     1536 Watt Solar input giving ca 6.1 KWH per Day on average.

ARTA also advised the following;
   If all units are done in a contract, economy of scale should result either in less
      costs per unit or higher package outfit and monitoring facilities (eg: custom
      made computer interface and monitoring software) or both.
   Community facilities can be scaled up packages.
   The integration of solar module and hot water panels in the building design is
      vital for its effectiveness and performance.
   The house/unit design should allow 90-100% solar access to the solar
      modules and at least 80% to the solar hot water panels.
   Roof integrated options can be considered, but normally cost more.
   There are many different solar electricity models on the market which could
      dual purpose building aspects, eg: Bifacial modules, which can be used in
      pergolas, veranda roofs or even glasshouses permitting light penetration, half
      shading or hot air generation/circulation.
   There could be an additional option for backup emergency power for Grid
      outage.

The efficient use of electricity on the site will also be encouraged with the following:
    The instalment of movement sensitive street lighting throughout the sub-
        division instead of having lighting on all night.
    The mandatory requirement for each house to install a solar hot water unit to
        supply hot water to their kitchen and bathroom/s.
    The building envelopes maximise the potential for passive solar heating, thus
        lowering the need to use other forms of energy to heat the houses.

6.6   Resource re-use (or “Waste” management)

   6.6.1 On-site management
The overall design for the resource re-use management system aims to convert
“waste” into useful resources wherever possible.




                                                                                     21
All residents will be encouraged to compost organic material from their kitchen and
gardens.

A Reuse Centre will be constructed by BEND in that area adjacent to the proposed
shed to store household items to be re-used elsewhere on the BEND site. This will
include such items as cardboard and paper, which could be used as sheet mulch for
no-dig gardens or shredded through a mulcher for feeding worms, tin cans that could
be buried in the agricultural land for remineralisation and litre milk cartons that can be
used as tree guards.

    6.6.2 Recycling and waste collection by private contractor
A Recycling Yard will be constructed by BEND at the eastern side of the
Neighbourhood car park alongside the private vehicle access making it centrally
located for all BEND residents. Separate bins will identify items such as glass,
aluminium and certain plastics that will be regularly picked up by private contractors.

Residents will be responsible for putting their remaining non-recyclable items into a
skip for periodic collection by a private contractor. The skip collection area will be
located at the southern end of the visitor’s car park on East St.

BEND has discussed its recycling and waste collection proposal with the Waste
People Pty Ltd. The company has stated that it would be more than happy to enter
into a private arrangement for waste disposal and that design arrangements
proposed for skip collection are satisfactory. A letter from the Waste People Pty Ltd is
appended (Appendix 3).

   6.6.3   Responsibilities of the Neighbourhood Association re
           Resource Re-use
In the management of re-use resources the Neighbourhood Association will:
     Adopt a zero waste target and promotes the minimization of waste by re-
        cycling, re-using, and reducing consumption of un recyclable materials
        wherever possible.
     Manage, to the satisfaction of Bega Valley Shire Council, neighbourhood
        waste and recycling facilities for disposal of non-recyclable household waste
        and the re-cycling of all materials able to be re-cycled.

The Association shall not be responsible for the disposal of construction waste, car
bodies/parts, batteries, used oil, paints and any toxic substances; this will be the
responsibility of individual residents.

The Association will be responsible for:
    The maintenance and administration of the neighbourhood waste and re-
      cycling facility, and shall ensure it is used and maintained in an orderly and
      hygienic state.
    The making of arrangements for the collection from the designated waste and
      re-cycling facility of Land Fill and Recyclable materials.

The Neighbourhood Association may levy a contribution upon the proprietor of a Lot
to cover the costs of Waste and Re-cycling collection. It also will maintain the right to
serve notice on proprietors of Lots to clean up any waste, alter, or install any
appropriate facilities for handling waste and compost, if in the view of the
Neighbourhood Association such waste is unsightly or in breach of any By-law.




                                                                                       22
7 STAGE 2: MANAGEMENT OF NON-RESIDENTIAL
  LAND
7.1   Areas and sub-areas
The non-residential part of the BEND site has been divided in areas and sub areas,
defined mainly by their proposed function. The areas have been defined (from north
to south) as the Reforestation, Conservation and Agricultural Areas (Figure 3).

The latter has three sub-areas; the Main Flats, Peninsular and Swale Areas. The
boundaries of these sub areas are not rigidly defined and may be altered at the
discretion of the Neighbourhood Association, and by the granting of licence over
defined areas.

The management of these areas will be guided by relevant sections of the
Management Statement (Section 7).

Persons and groups entitled to use each area will be determined by the granting of
conditional licences.

7.2   Reforestation Area
The Reforestation Area comprises the area to the north of the anabranch system
contained by Bridge and East Streets (Figure 2). Use of this area will be restricted to
that of agriculture and reforestation under licence until such time as the
Neighborhood Association has the resources to reforest the area completely.
Thereafter use of the Reforestation Area will be restricted to that of establishing and
maintaining a mature and diverse forest ecosystem.

Animal husbandry may be practiced under licence provided that such practice is an
integral part of the forest rehabilitation objectives.

The Reforestation Area must be managed to ensure:
    That endemic species are preferred as the predominant species,
    That non-endemic species may be used provided they pose no potential
      environmental hazard or weed infestation.

7.3   Conservation Area
The Conservation Area comprises the anabranch gully area extending from the
lagoon outside the western boundary, to East St, including a 15m buffer strip on the
edge of the anabranch system.

Realising the significance and vulnerability of the anabranch system, BEND
members held a meeting with the local Southern Rivers Catchment Management
Authority Rivercare Officer and local farmers with long experience of farming the river
flat areas immediately after purchasing the site (July 2004).

An outcome of this meeting was a decision to initiate a rehabilitation project in the
anabranch area of the site. This area is highly unstable with high erosion potential.
Those at the meeting advised a program of extensive planting of endemic species
was the best option to reduce erosion potential on the site.

BEND was successful in obtaining an Envirofund grant to plant 5000 endemic trees
and shrubs in this area and work has already commenced on this project.



                                                                                    23
The planting complements the rehabilitation project being undertaken on the
anabranch and its surrounding areas on the neighbouring land to the east by the
Bega Valley Shire Council.

The project is a demonstration of BEND’s commitment to enhancing good
conservation outcomes on the BEND site. The re-vegetation work will provide an
improved filtration service for water as it finally leaves the agricultural land. As such it
should be considered as a further component of the water filtration systems that will
be put in place by the development.

Under the Management Plan, BEND commits to manage this area for the following
purposes
    Erosion control, soil retention, and flood impact mitigation;
    Rehabilitation of endemic aquatic, wetland, riparian, and forested ecosystems
    Conservation of endemic ecological communities and associated native fauna

The use of non endemic species is restricted to species approved by the
Neighbourhood Association that:
    Have a demonstrated ability to serve the above more effectively than endemic
      species,
    Hold no significant potential to become a weed infestation or environmental
      hazard.
    Amount in total to a small percentage of the total biomass.

The Neighbourhood Association may enter into Licence agreements to harvest
defined naturally occurring bio-yields in this area, such as seeds and native fruits,
provided that such harvest does not interfere with the ecological stability and integrity
of the area.

7.4   Agricultural Area
The Agriculture Area comprises of 3 Sub Areas and includes all of this area not
dedicated by the Neighbourhood Association to another purpose:
    The Main Flats Sub Area, which is below the constructed swale system.
    The Peninsula Sub Area, which is to the north of Lots 18-21 above the 1-in-
       100 flood-line.
    The constructed Swale Sub Area, which is below Lots 1-12 and to the north
       east of the peninsular below the 1-in-100 flood-line.

The Agricultural Area will be primarily managed for sustainable agriculture, wetland
ecosystem conservation and, particularly in the case of the Swale Sub Area, for
stormwater retention.

An important aim in the management of the Agricultural area will be to improve the
ecology, structure and composition of the soil. It will also be managed towards
certified organic and/or bio-dynanmic certification. The use of substances not
approved by the National Organic Certification Body (artificial fertilizers, herbicides
and pesticides) will be prohibited except with express permission of the
Neighbourhood Association.

7.5   Management of noxious weeds
A variety of noxious weeds are present on the site, with African lovegrass being the
most extensive and predominant.




                                                                                         24
BEND is currently committed to organic approaches to noxious weed control and
has, through a combination of techniques including mattocking, slashing and
solarisation, significantly reduced the extent of this weed on the site such that it has
been removed from all of the reforestation area and approximately 60% of the main
flats area. These approaches to weed management on the flatter areas will continue.

The banks of the anabranch present a different problem in that African lovegrass (in
particular) is playing a major role in stabilisation. Our approach here is to carefully
remove some of the lovegrass and plant with endemic trees, shrubs and shade
tolerant grasses. Once established these will perform a bank stabilisation role and
provide competition and further removal of lovegrass can then be undertaken.


8 STAGE 2: THE INFRASTRUCTURE INSTALLATION
  PHASE
During the infrastructure installation phase all reasonable measures will be taken to
mitigate against soil and water movement during high rainfall events. Approaches will
include the early establishment of swales and the use of temporary silt traps.

Details of the soil and water management strategies that will be implemented during
the infrastructure installation phase will be finalised immediately after approval from
the BVSC for the proposed design is obtained.

9 STAGE 2: THE MANAGEMENT PLAN
9.1     Introduction
BEND Inc. has been preparing a Management Statement required by the Community
Land Management Act NSW 1989 in order to register the Deposited Plan under
Community Title.

The current draft of the Management Statement forms the Management Plan20 for
our Development Application.

Community Title is like Strata Title in that each purchaser will hold Freehold Title over
their Lot and will share ownership of the remaining neighbourhood land with other
purchasers of Freehold Title. The remaining land includes roads, paths, open
spaces, car parks, re-cycling areas, agricultural, conservation and reforestation
areas.

9.2     The Management Statement
Under the Act the Management Statement allows for a Neighbourhood Association
with sub-committees who will be responsible for the management of the
Neighbourhood. The Statement lays down By-laws relating to the management of all
the jointly owned land and to what is permissible on each Lot to maintain the essence
and practical functioning of the Neighbourhood.

This Statement will provide a legal framework describing the structure and principles
that will enable the residential and non-residential land to be managed in a way that
maintains the aims and objectives of BEND. It also will establish a structure of
management and responsibility ensuring that the aims and principles are achievable,

20 20
     (BEND Legal Team 2005). The Management Plan for the BEND Development Proposal. Principle Author,
Paul Thompson.




                                                                                                    25
and to establish the by-laws fundamental to the practical functioning of the
Neighbourhood.

The Statement will include the following
    Architectural and building standards that will be required of all buildings.
    The framework than enables the proper management, maintenance, and
       administration of infrastructure and development of the built environment.
    Rules for the on-going monitoring and management of human manure, grey
       water, storm water management, re-use materials, reticulated power and
       water reticulation.
    A management framework in which parcels of land can be allocated to both
       residents and the wider community for agricultural pursuits such as vegetable
       production, fruit tree orchards and high value timber crops.
    Guidelines as to what is permissible land use in specific areas. The ecological
       sustainability of the neighbourhood will depend largely on land use decisions
       and so the Management Statement becomes a major method of ensuring the
       ecological sustainability of the project.

The Management Statement includes standards as Annexes to the Statement which
may be adopted by the Neighbourhood Association and which may be changed by
the Neighbourhood Association.

9.3   The Interim Period
Under the Community Land Management Act NSW 1989, once one third of the Lots
have been sold, BEND is required to hold the first Annual General Meeting of the
Neighbourhood Association with the owners of those Lots. At the AGM the
Neighbourhood Association and the sub-committees will be formed and within one
month must have adopted appropriate standards for the management of the
Neighbourhood.

There is an interim period between the Registration of the Deposited Plan and the
time when one third of the blocks have been sold. During the interim period BEND
Inc. is responsible for the management of the Neighbourhood and will fulfil the
responsibilities of the Neighbourhood Association as laid down in the Management
Statement.

BEND Inc will abide by The Act that specifies the management of an administration
fund and sinking fund for the Neighbourhood Association and also how the first and
subsequent Annual General Meetings shall be held.

9.4   Neighbourhood Association

   9.4.1 Aims and objectives
The Management Statement will commit BEND to establish a Neighbourhood
Association under the Community Title that will be legally bound to carry out the
management of the neighbourhood under the rules of the Management Statement.

The aims of the Association will include, but will not be restricted to, the promotion of
social and ecological harmony and sustainability by:
    Promoting inclusiveness, equality, cooperation, diversity of membership and
        residency. Specifically, this means the inclusion and respect of all members
        and tenants in management and decision-making processes, and
        cohesiveness and integration with the wider community.



                                                                                      26
      Living in harmony with the environment. Specifically, this includes the
       practical application of permaculture principles to establish energy conserving
       and productive living environments and also to rehabilitate and conserve
       ecosystems.
      Providing an educational model. The Neighbourhood Scheme will allow for
       others to learn from it in a way that does not unduly impinge upon the lives of
       the residents.
      Promoting the use of consensus decision-making. The principles of
       consensus decision making are considered fundamental to the management
       of this neighbourhood and as such all sections of this statement are to be
       interpreted with regard to the primacy of this principle.

     9.4.2 Coordination Committee and Focus Groups
At each Annual General Meeting of the Neighbourhood Association a Coordination
Committee will be elected by the membership. They will perform the executive role
for the Association.

They will constitute three groups: the Social Focus, Ecological Focus and the Land
Focus Groups.

    9.4.3 The Social Focus Group
The Social Focus Group will be responsible to the executive for the proper
management and administration of social issues that arise, including but not limited
to: decision making processes; conflict resolution processes; internal relations and
external relations.

The principles and objects of the Social Focus Group are contained in a Code for
Social Sustainability. The Group is responsible for the administration of this Code
and may from time to time recommend the addition or repeal of sections as
considered appropriate.

    9.4.4 The Ecological Focus Group
The functions of the Ecological Focus Group are described here in detail as these
provide the framework for the implementation of architectural and building standards
that are fundamental to the BEND development proposal.

This group will be responsible to the coordination committee for the proper
management, maintenance, and administration of infrastructure and development of
the built environment. Its functions will include but will not limited be to:
     Review and determination of building, human manure and greywater
        proposals on neighbourhood lots and Association property.
     Inspection of building, composting toilets and greywater constructions.
     Review and recommendations in regard to Standards for the Built
        Environment.
     Maintenance of Association infrastructure including accessways, footpaths,
        Neighbourhood buildings and the natural swimming pool.
     Management of waste and re-cycling facilities.
     Management and maintenance of stormwater, swales and drains.

Every building proposal requiring consent of the Bega Valley Shire Council shall first
receive the approval of the Ecological Focus Group. No building proposal may
commence until the plans and specification for it have been reviewed and approved
by the Ecological Focus Group as to:



                                                                                   27
      Suitability of design for energy efficiency.
      Siting in relation to building envelopes, existing structures, energy efficiency
      Harmony of external design with existing structures.
      Environmental impact.

The Group will also be responsible to the Executive Committee for the proper
maintenance of Neighbourhood infrastructure, including but not limited to
    Accessways.
    Pedestrian and Cycle paths.
    Waste and Re-cycling Facility.

The Group may retain the services of an independent consultant with special
expertise to advise and assist the group in performing it’s functions and may, with
approval of the executive, retain the services of consultants and/or contractors for the
provision of services and/or goods necessary for the proper maintenance of
neighbourhood facilities.

    9.4.5 The Land Focus Group
9.4.5.1   Responsibilities
The Land Focus Group is responsible to the Co-ordination Committee for the proper
control, management, maintenance of, and activities upon the Reforestation,
Conservation, and Agricultural Restricted Neighbourhood Areas (See Section 5).

The functions of the Land Focus Group include but are not limited to:
    The establishment of, and recommendation of amendment to, The Code of
       Agricultural Land Use.
    The granting of licence to use of areas and resources within the
       Reforestation, Conservation and Agricultural Areas.
    The entering into contracts for the performance of work and management
       upon Reforestation, Conservation, and Agricultural areas.
    The determination of any contribution to be levied upon the Proprietors of
       neighbourhood Lots towards the management, conservation, and
       improvement of Association Property under its management.
    The management, and maintenance of any open space that the Co-ordination
       Committee delegates responsibility of to the Land Focus Group.

9.4.5.2    Code of Land Use
The Land Focus Group must maintain and amend as necessary the Code of Land
Use. This Code must specify standards in relation to:
 The adoption and implementation of principles of permaculture, organic,
    biodynamic, and sustainable agriculture.
 Acceptable agricultural practices.
 Prohibited agricultural practices.

9.4.5.3    Granting of Licence
The Land Focus Group may negotiate on behalf of the Neighborhood Association for
the formation of Licence Agreements with Proprietors, Occupiers, and other groups
for the use of Reforestation, Conservation, and Agricultural areas of the
Neighbourhood Property. The Group may negotiate a fee or contribution for the use
of Neighbourhood Property and may grant licences for the:
     Exclusive or shared use of a defined area.
     Harvesting of naturally occurring yields from areas under its management,
        provided that such harvesting does not interfere with the ecological integrity



                                                                                      28
         and sustainability of the area, or interfere with the commercial productivity of
         that area.
        Grazing of livestock.
        Planting of areas for food production.


10 CONCLUSION
As far as we are aware this is the first suburb or urban street in New South Wales,
(and possibly Australia), to be planned in this way.

We acknowledge that the eco-village movement has paved the way for our project. In
particular we have been inspired by Jarlanbah, a permaculture hamlet in Northern
NSW. This was the first development to use the Community Title legislation that was
introduced in NSW 10 years ago.

Additionally there are two publications that have given us confidence in the
successful outcome of our project. The first21 describes a successful ecologically
sustainable suburb in California, USA that is now 30 years old. The other22 describes
an ecologically sustainable house in inner city Sydney.

We hope that our project will become a reality and provide practical inspiration for
developers, planners, home-owners, builders and housing providers.

We believe that people will feel empowered by living in an urban neighbourhood
where they can manage their energy, water and waste and have confidence that their
ecological footprint is having minimal impact on the earth, and indeed, on some
levels is enhancing the earth’s resources.

Our hope also is that, by sharing together the responsibility for the management of
the neighbourhood, the residents will develop a sense of community that enriches
their lives.




21
   Corbett J & M (2000). Designing Sustainable communities. Learning from Village Homes. Island
Press. Washingto DC. Covelo California.
22
   Mobbs M. (1998) Sustainable House. Choice Books. Australian Consumer Association 57
Carrington Rd Marrickville NSW 2204


                                                                                                  29
Appendix 1: MUMBULLA/BEND CORRESPONDENCE




                                           30
Appendix 2: OPTIONS FOR SOLAR HOUSES ON
NARROW BLOCKS




                                          31
Appendix 3: LETTER FROM THE WASTE PEOPLE PTY
LTD




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