To: The Hon Brad Hazzard , NSW Minister for Planning and Infrastructure

Protect Home Owners' Rights

Protect Home Owners' Rights

Please Spread the Word and get your friends and family to sign this petition on-line
http://bit.ly/Ku-ring-gai

Dear Minister Brad Hazzard

Please put a stop to Ku-ring-gai Council's plans to rezone 5 private residential homes on Bent Street to become a concrete urban park (Open Space).

The Environmental Planning & Assessment Act 1979 which empowers a Council to rezone any home for public use (eg road, park) must be changed to ensure that:

(1) Council should be required to reveal in full, all of the reasons and information that it has used to come to the decision to rezone the land for a public purpose;

(2) The home-owners and the local community should be consulted before the rezoning proposal gets put in front of councillors for any vote, so that a proper debate and discussion on the merits and costs of the proposal can be done

(3) If rezoning to public space proceeds, then the homeowners should have the right to require council to enter into negotiations to buy their homes at fair market value (determined by an independent qualified valuer), which was the situation under the pre-2006 legislation.

Why is this important?

This injustice happens every few years to people living in NSW. I give Ku-ring-gai Council as an example mainly because this issue literally landed on my front doorstep - I live in one of the affected properties at Bent Street. I want to stop this happening to everyone in NSW, not just to myself and my neighbours.

In Ku-ring-gai more than 40 families have lost their homes and business to council this way in the last 5 years (since 2007). The strange thing is that most of those houses are still there, now with Council as the landlord.

Council’s power to rezone any home to RE1 Open Space is a THEFT of private property rights:
• Council gets a FREE call option to take your home at ANY TIME within the next 20 years
• Council will NOT pay you any Option Fee for taking this right to purchase your home
• Council can just give you 90 days notice once they have decided to TAKE your home
• Council has 30 days AFTER they take your home to tell you what they want to pay you

Ku-ring-gai does not need more parks - especially at the expense of the destruction of private homes and property rights. There has never been proper community consultation on these issues. Just 10 Councillors and Planning Staff (under Director Watson) making decisions that affect us all.

$40 million dollars (from S94 funds) has been spent by Ku-ring-gai council in Land Acquisitions since 2007 with ZERO new parks being provided to the community. This is a major financial risk for every ratepayer, as developers will pursue council to demand a refund of the S94 funds spent inappropriately.

IS YOUR HOME ON THE LIST?

• Ku-ring-gai Council has a secret 'hit list' of dozens of properties earmarked for rezoning.
• Check the “Open Space Acquisition Strategy- Identification of Potential Sites for Acquisition by Council – Final Report” submitted to council on 15 July 2008 by Director Watson.
• You can ask for access to this Council report by making a request under the GIPA Act.
Help Protect Your Property Rights by Signing This Petition and spread the link at http://bit.ly/Ku-ring-gai

Channel 7 News:
http://au.news.yahoo.com/video/national/watch/30202501/home-owners-protest-rezoning/885604/

Articles from North Shore Times at these links:
http://north-shore-times.whereilive.com.au/news/story/homes-rezoned-bent-st-lindfield-ku-ring-gai-council-residents

http://north-shore-times.whereilive.com.au/news/story/lindfield-ku-ring-gai-council-rezoning-parkland-bent-st/

http://north-shore-times.whereilive.com.au/news/story/editorial-battle-to-keep-homes-ku-ring-gai-bent-st-park/

How it will be delivered

Stage a Press Conference to deliver the petition


Reasons for signing

  • People's houses should be safe from arbitrary government decisions, especially local government which I often regard as the lunatic fringe branch of government.
  • To stop giving Councils the power to destroy families by acquiring their homes thru rezoning.