The site - character of the surrounding area
15The site is located on the northern side of Greendale Road between Tyson Road and Dwyer Road, Bringelly. It is rectangular in shape and has a total area of approximately 10.16 ha. It has a street frontage to Greendale Road of approximately 230 m and depth of approximately 530 m. The width of the existing sealed pavement carriageway along the frontage of the site is 6.2m.
16Erected on the site are a two-storey brick residential dwelling, disused concrete pool, and a number of sheds and dams. These structures are located on the central ridge of the site with a number of gullies leading off to the east and northwest. It is lightly vegetated and a riparian corridor traverses the southwestern corner of the site with two smaller gully corridors intersecting the eastern boundary. It contains Cumberland Plain Woodland with the densest areas of vegetation located within the south- western portion of the site around the riparian corridor that contains an ephemeral stream.
17The site is located in a rural/residential area on the southern edge of the Liverpool Local Government Area. To the north and east lie larger rural allotments (predominantly 10 ha). Immediately to the west is an area of residential zoned land containing smaller allotments of generally around 2 ha. Reticulated sewerage and town water services are not available to the site. The primary route for vehicles to access the area is Greendale Road with a secondary access via Dwyer Road to the west of the site. In close proximity to the site, at 30 Carr Road, is a Vietnamese Catholic Community multi purpose centre. It is a large site that holds retreats, conferences, meetings and religious ceremonies. According to the evidence, it attracts up to 2000 people to its activities. Also in Carr Road, and near the site, is a boarding kennel for animals.
18While the area is primarily rural in character it was evident at the view that the vast majority of properties in the immediate locality are not actively used for agricultural purposes. In my assessment of the evidence the rural character of the locality is largely attributed to the openness as well as the area's scenic qualities that are characterized by the retention of large pockets of vegetation, generous setbacks and undulating topography.
19This is consistent with the town planning evidence that this is not prime rural land. The planners agree in their joint report that the site is designated as agricultural land class 3. The applicant's rural town planner, Mr Sinclair, is of the opinion that development will not result in the alienation of resource land or cause the site to be fragmented, per se, as it is already subdivided.
20The Council has received a number of applications for cemeteries within Liverpool Local Government Area. The sites of those applications are identified on the plan (exhibit 7). At the date of the hearing I was told that the JRPP had approved the development of a crematorium at 992 Greendale Road with a capacity for 10,000 receptacles and issued deferred commencement consent for a cemetery at 321 Greendale Road. The parties' town planning experts (Mr. Sheils for the Council and as I noted above Mr Sinclair for the applicant) agreed during their oral evidence that the approved cemeteries are not within the immediate locality of this site.
21Having regard to that evidence it follows that if this natural burial cemetery is approved it will be the first within the immediate locality. The assessment of any subsequent application for a cemetery within the immediate locality under the DCP would to have regard to this approval in order to avoid a proliferation of cemeteries. Of itself, being the first, it is not proliferating.