High-rise construction of the Baju/H2O developments

Court where we made another presentation, arguing that conditions of the City of Charles Sturt development plan had not been met. We again raised the issue of the pile driving and how the developer failed to take notice of the independent assessor. We pointed out that the ground water which was being extracted at 82,000 litres per day was spewing relentlessly onto the sand at Henley Beach. We argued that this development application was putting the community at risk. We used the ‘at risk’ argument and council’s own development plan in our effort to stop the building’s height reaching five levels. The day after we made the presentation, the developer withdrew the application.

However, in 2018 the Baju/H2O residential and retail development at Henley Beach is still located directly opposite Henley Square. Today the development consists of two huge apartment blocks four levels high with two levels of undercroft car parking providing over 60 apartments and 40 speciality shops. These developments have been done ‘through the back door’, using the ambiguity of the Planning, Development and Infrastructure Act (2016) and ERD Court to obtain decisions that, we argue, destroy the character, streetscape, culture and social fabric of Henley Beach.

It is catastrophic when you realise that currently 82,000 litres of ground water are illegally pumped out to sea, creating stained rivulets on the beach sand, and that this has happened every day for the past seven years. WACRA is in touch with the recently elected Liberal Government’s Environment Minister, with Charles Sturt Council, with our local member of parliament, and also the head of the Department for Environment, Water and Natural Resources (DEWNR), awaiting a resolution of the problem. That struggle continues.

Kenzie van den Nieuwelaar also talks about high-rise construction of the Baju/H2O developments near Henley Square.

High-rise construction of the Baju/H2O developments

Kenzie van den Nieuwelaar

On a personal level, the most stressful event and fight for me was the high-rise construction of the Baju/H2O developments near Henley Square. This development dominated WACRA’s agenda in 2011.

We sought to amend the development based on a number of issues, including the sheer bulk and scale of the project and the fact it would change the amenity of the area forever. Despite council’s refusal of the development, it was approved in the Environment, Resources and Development (ERD) Court. This was incredibly disappointing and frustrating for all those involved in the fight, and to make matters worse we had to suffer through months and months of construction. The cost of this was high, with noise, dust and traffic congestion just a few of the effects which dominated our lives throughout the construction phase. For me the worst was the use of pile driving, where the construction company elected to sink the giant pylons into the ground by hammering them in from a great height. This meant that we were subject to constant banging day in, day out, but worse, our houses shook with each hammering and after three months, cracks started to appear in a number of houses surrounding the site. I never thought I would ever want to leave my home or Henley Beach,

but at this stage I was ready to move. However, with the support of WACRA, my family and the community, we once again elected to fight for what was right and just.

During the long construction phase, WACRA organised a Forum for Better Henley at the Henley Town Hall in May 2011. Our forum was themed No More High Rise for Henley and Planning a Sustainable Future for Henley. We filled the town hall to overflowing. The media presence was overwhelming. The mayor and Henley Ward councillors were present along with a formidable list of speakers. Professor Fran Baum, a local resident, chaired the meeting. I was a guest speaker and cheered on by the large crowd spoke openly about my experiences, emphasising that we as a community were not anti-development but that we need development which complements our beautiful, historic seaside community. WACRA President Jim Douglas reminded the public that we had all fought hard against the development and represented the community as best we could. We lost the fight – we also lost our voice and the right to request amendments, as the ERD Court approved the development and conditions, which meant our only course of action was to go to the Supreme Court, so in the end we were silenced.

Forum for Better Henley, Henley Town Hall (2011)

In frustration and an attempt to get the developers to listen, we set up the website Henley Voice which had thousands of hits. Sharing information on this website appeared to have some influence on the development’s construction plans and in a major victory the hammer piling method was changed to the screw piling method, which was much less invasive. Ultimately, a number of residents were able to secure compensation from the builder for damage to their homes. I have no doubt this was due to the pressure applied by WACRA, the affected residents, and the greater community.

Within a few months, it became evident that there were even bigger environmental issues involved with this development. The lower levels (car park) weren’t sealed correctly. As a result, ground water was diverted under Seaview Road and pumped via a beach channel out to sea. It has been calculated that approximately 82,000 litres of precious ground water