Environmentalists say a pocket of pristine bushland on the NSW far south coast, and the threatened species who live there, remain under threat to a "zombie" housing development as the local council rejects the idea of a land swap.
The proposed subdivision is set to take place on about 10 hectares of bushland at Mirador, between Merimbula and Tura Beach, which is home to threatened species like the long-nosed potoroo and Merimbula star-hair shrub.
The development application (DA) for the proposed subdivision was lodged in 1989.
Many communities across NSW have seen several such projects, colloquially known as "zombie developments," resurrected after a gap of decades, according to Greens Member of the NSW Legislative Council, Cate Faehrmann.
"These zombie DAs are happening right across the coast from Kingscliff to Yamba to South West Rocks to Port Macquarie and right through the South Coast."
Following community protests against the Mirador development, developer RCL Group said it was open to a land swap with the local Bega Valley Shire Council.
However, council CEO Anthony McMahon said they had not been approached by the developer to consider a land swap.
"Even though council has not been approached, if we are asked, council just doesn't have any land to swap," he said.
Federal assessment needed
According to the federal environment department, any project that's likely to have an impact on threatened species, like the long-nosed potoroo, "must be submitted to the department" for review.
However, a spokesperson told the ABC it had not received a submission from the Bega Valley Shire Council.
"A search of the department’s internal databases has not returned evidence at this stage suggesting the department has received a referral or enquiry regarding a development between Tura Beach and Mirador," a spokesperson said.
The Bega Valley Shire Council did not respond directly to questions about this requirement but Mayor Russell Fitzpatrick said he was confident council staff were following the appropriate processes.
"What is happening at the present time is the construction certificate application is under consideration," he said.
"And I'm sure our planning staff would look at those issues and refer that if it's necessary to happen."