Say no to Luddenham, Greendale and Bringelly Cemeteries and Crematoriums

There's been an update at the http://noluddenhamcemetery.blogspot.com/ site. All objectors are encouraged to contact anyone of the members for information and to join the protest against the cemetery and crematorium applications in the areas of Luddenham, Greendale and Bringelly. Email Duncan at nogreendalecemetery@hotmail.com or send an email to sascha_vuk@hotmail.com

If you would like to oppose the Luddenham Memorial Park (cemetery and crematorium) proposal, then refer to my other post which you can read by clicking here: Luddenham Memorial Unwanted

Will the children of tomorrow look back upon our generation today and say that we've made a bad decision in land use policy? Agricultural land in Australia is a finite resource and it really is time that the Government and local councils take a good look at Australia and its food production future. Particularly since NSW is the last bastion of viable agricultural land that isn't affected by extreme drought, flooding and cyclones.

1) The urban sprawl from coast to inland has seen development built upon the best and most fertile land already in Australia. Inner city and coastal regions receive regular rainfall, the soil is fertile and perfect for farming, however, housing and apartments have taken over the farms and orchards and pushed farmers further inland

2) Now it's a case of agricultural farmlands going up against competing land uses such as: cemeteries and crematoriums, gas fields, mining, viticulture, breeding and urban development.

3) Mining is something that will provide revenue for a period of time and after that, nothing. It will pretty much rip the land into pieces, pollute the area and then any attempts at land rehabilitation will take decades to repair. Cemeteries as a land use option, is just as bad as mining. It affects watercourses and groundwater, the drainage and water runoffs are heavily loaded in nutrients which will ultimately pollute local creeks, watercourses and dams. They both have a single use policy. Use once for a period of time and then the land is useless afterwards.

Will the Australian public finally wake up and realise that their food is in danger of being raised and grown in areas surrounded by cemeteries and crematoriums? I was raised in an agricultural background and I find it so sad that farmers are now having to fight against developers from building crematoriums and cemeteries adjacent to their land. It's also sad that they have to protest against miners from mining the land.

The quality of our groundwater and aquifers are currently one of the best in the world but at the rate that we are spiralling downwards, the future may be looking extremely bleak for food production. Why are councils even considering these type of development across the remaining bits of fertile land?

Australia's population is small at 22 million. Instead, there should be intensive development clustering around CBDs (Sydney, Parramatta, Hornsby, Liverpool) and close to train lines to encourage our population off the road and onto environmentally friendly options. Why was the Epping to Chatswood line built? It was to connect the city with the North Ryde Macquarie Park business park.

The North Ryde Macquarie Business Park is one of the biggest waste of public transport infrastructure. The new train stations are surrounded by low rise office buildings. These should have been developed as high rise office towers so that more businesses can rent out a suite near the station and again, reduce the urban sprawl and reduce the amount of cars on the road. It's the biggest failure of new train lines - there are so few office workers getting off at the Macquarie Park/North Ryde trains stations that it really was a piece of infrastructure that should have been built elsewhere - particularly out in the wild wild west.

When will local council realise that developments without infrastructure is unfeasible? When will they build the infrastructure first and then bring in the developments?

Luddenham Memorial Unwanted: No Luddenham Cemetery near Farmlands

***Update 18th January 2012:
DA11/1445 Application has been relodged by Stimson Consultant Services Pty Ltd on 23/12/11

Same sh*t, different smell ...aptly sums up the situation.

Why is it that rural residents always get hammered by developers? Is it due to the lack of density?

Are submissions lodged into council based on quantity of objections or percentage of household in the area? If it's based on the latter, then that would be more in community interest however if it's the prior, then that would be a severe disadvantage for rural residents.

There's a Luddenham Action Group on Facebook which you can join for the most up to date info on this problem: http://www.facebook.com/pages/No-Cemetery-and-Crematorium-in-Luddenham/119239951474962?sk=wall

Back onto topic, judging by the Googlers out there, if you are seeking information on this issue you can:

a) Google search: Penrith City Council
b) Click on the subsection title: Planning and Development
c) Click on: Application Search
c) Your DA search should be: DA11/1445 (You need to type that in exactly for the DA to be pulled up from the database)

A summary of the new application just recently lodged:




Click on image to see a larger version.



Luddenham Memorial Park Cemetery and Crematorium is not Wanted
- DA10/1208 on Lot 1 DP 529885 No 2207-2223 Elizabeth Drive, Luddenham NSW 2745. The proposed site is about 100m from the Northern Rd/Elizabeth Drive roundabout.


***Update 21st April 2011: Council rejected the application. A win for farmers and rural residents.


Although this topic may not seem relevant to a financially orientated blog, it is still relevant in terms of protecting your property rights and your business interest if you have a neighbour who has lodged a Development Application (DA) that is detrimental to your business or your health and way of life.


Penrith City Council has received a development application for a Luddenham Memorial Park, Cemetery and Crematorium to be built in the middle of agricultural farm lands. Farms that are growing figs, vegetables, olives, fruit and raising beef cattles, poultry and eggs for Sydney and Australia's consumption. Their dams will be receiving run off in the event of rains and storms from the site that is proposed for burial grounds. There are a multitude of reasons as to why the proposal should be opposed, which I will illustrate further below. It will also mean that the Luddenham Model Park also known as Sydney Society of Model Engineers, one of the oldest engineering model club in Australia and the oldest, continuously operating Model Engineering Club in the World, will be forced to close if this development goes ahead.


How to oppose this Development Application (submissions close 31st January February 2011):1) Call Sascha on 0404 659 043 or email her on sascha_vuk@hotmail.com who is in charge of this and she can help guide you in any of the steps listed below.


2)Download and print the petition and the individual submissions, council will count both individually:
* Letter outlining the issues and a copy of the petition
* The petition that you can ask family and friends to help sign by clicking here* Individual submissions that your family and friends can sign
3) Write an individual submission against the DA with your argument formed objectively and you can find ideas on how to object to it from the research that the committee members have collated by clicking here


Email your submission directly to all the council members (kaylene.allison@penrithcity.nsw.gov.au, greg.davies@penrithcity.nsw.gov.au, jackie.greenow@penrithcity.nsw.gov.au, malkoc@penrithcity.nsw.gov.au, kevin.crameri@penrithcity.nsw.gov.au, ross@rossfowler.com.au, ben.goldfinch@penrithcity.nsw.gov.au, kathryn.presdee@penrithcity.nsw.gov.au, karen.mckeown@penrithcity.nsw.gov.au, jim.aitken@penrithcity.nsw.gov.au, robert.ardill@penrithcity.nsw.gov.au, mark.davies@penrithcity.nsw.gov.au, prue.guillaume@penrithcity.nsw.gov.au, john.thain@penrithcity.nsw.gov.au, tayna.davies@nsw.liberal.org.au)


4) If you use Facebook or have friends using Facebook, join the protest group site No Cemetery and Crematorium in Luddenham on Facebook and write comments opposing the DA


5) There will be a community meeting at the Luddenham Model Park where council members and members of the Liberal and Labor Party will be present to listen to the community's views on this proposal. Ensure you show your support by turning up at the following location:


Date: Saturday 22nd January 2011
Where: Luddenham Model Park @ 869 Luddenham Road, Luddenham
When: 2pm-5pm
Who: Everyone with an interest is invited, there will be council members and political Members of Parliament attending


6) Read the following news articles that have been published and submit comments about your opposition to this DA. It has been published at the following newspapers:

* Penrith Star Article: Not in our Backyard, residents oppose Luddenham Cemetery - read and comment, the press will maintain their interest in this DA if the public shows that it is something that is relevant to us.
* Another Penrith Star Article
* Penrith Press Article: Neighbours Dig In, Luddenham Memorial Park not Wanted
* Liverpool Champion Article: Luddenham Dead-Set Against Cemetery (the irony of that byline)
* Another Liverpool Champion article: Anger at Luddenham Cemetery Plan by Anne Tarasov and Gemma Seymour

What do you need to do to compose an individual submission if you have your own research?
* Address your submission as: 
To: The General Manager
Penrith City Council
PO Box 60
Penrith NSW 2751
Email: pencit@penrithcity.nsw.gov.au
Fax: 02 4732 7958

* You must include the reference number and the address of the property that the development application relates to. In this case you must include:
Ref: DA10/1208: Proposed Crematorium, Cemetery, Memorial Gardens with Associated Buildings and Car Parking at Lot 1 DP529885 No 2207-2223 Elizabeth Drive LUDDENHAM NSW 2745

* Clearly state the reasons why you object to the development proposal. Outline how it will negatively affect the enjoyment of your land or affect you. Do your research, illustrate facts, list points and if you have any source documents or websites, note the source in your letter

* Ensure that you include your name, contact number, signature and date the letter. Sascha will be compiling all the letters and petitions to be lodged to Penrith City Council. You can send your petitions and letters to the following:
To: Sascha Vukmirica
PO Box 885
St Marys NSW 1790
OR Email: sascha_vuk@hotmail.com

If you are against this proposal and want to help in any way, please refer to the action points listed above for you. Also, feel free to ask questions in the comment section, contacting Sascha on 0404 659 043 or email me at cardilicious@gmail.com (copy and paste the email address onto your email) if you need any clarifications.


The proposed site does not even have reticulated water (town water) or council sewerage. They expect to operate the entire place on rainwater runoffs, tank water brought in by trucks and have a massive onsite sewerage system facility.


As all residents know, there was a drought for several years where there was NO RAIN and almost everybody's dam was empty. How can they run a cemetery, crematorium, florist and onsite restaurant and cafe without city water and just by using tank water? Onsite sewerage systems have been known to malfunction from time to time, the whole entire suburb will reek if their sewerage system should malfunction.


Last but not least, the block cradles a ridge, which is a high land point and is very windy. Ashes can carry for several hundreds of metres onto farm land where animals are grazing and drinking dam water. It can carry onto property roofs which are used to collect drinking water for households.


Will Penrith City Council or the developers put their hands up to assume responsibility for future liabilities should businesses fold and collapse because of the development? Will they also reimburse residents who get sick from drinking contaminated water due to the crematorium and the ashes from the development? 

If any customers, residents, crops or livestocks get infected, sick or contaminated because of this development, Penrity City Council and the developer should be held accountable.

 Updates on this topic can be accessed here:
* Post: Say no to Luddenham, Greendale and Bringelly Cemeteries and Crematoriums

What's mine is mine, what's yours is yours

Hey Spender, meet Saver and their property + shares portfolio...

About 48,000 Australians divorce and separate each year. It's not just something that happens to other people. It's something that can happen to you and your partner too, you never know what the future brings.

If you're in a stable relationship and contemplating the big move to living together, you need to sit down and discuss your finances and how you expect to split expenses when you're sharing a place together. Especially since the Family Law for de facto relationships changed on 1st March 2009.

Don't co-sign or guarantee anybody's loans, not your family members, nor your partner's:

Do not ever co-sign on any one else's loan. If they can't afford to qualify for the loan or purchase on their own, they'll just have to save longer for it. If you guarantee their loan, if they default, the debt collector will be chasing your ass for it! Don't ever let anyone pressure you to sign one. Don't ever sign loan contracts on the spot. If you are signing on as a witness, double check that you're only signing as a witness. Read the documents and if in doubt, get legal advice.

A friend of mine, for all her kindness and generosity, guaranteed her boyfriend's phone contract. She ended up with a $2,000 phone contract when he skipped the state and left no forwarding address for the phone company. That's a cheap mistake compared to mistakes where people have co-signed their significant other's car loan contract or credit cards. So, moral of the story is, just don't sign it.

Before moving in with your partner. Have the 'finance and money' talk.

I don't want to be the one to break up a relationship, but it will save you a lot of heartache and possibly STD (Sexually Transmitted Debt) later on if things go awry. Particularly if your partner has been hiding their debts and liabilities from you. As long as you've lived together for 6 months or longer, if you split up, our laws may have classified you as being in a defacto relationship and thus, all your assets plus superannuation fund are liable to being split by the court if the relationship goes sour and your former partner takes you to the Family Court.

• If you both have similar amounts of assets and liabilities: It's not really much of an issue to worry about.

• If you're the one with the house and the savings while your partner has no assets, you should look at protecting yourself with a BFS (Binding Financial Agreement) - previously known as a Pre-Nup. If you end up splitting, you will protect yourself against being taken to the cleaners.

• If your partner has more than you in terms of assets then if they don't bring the topic up, it's up to you whether you wish to raise the issue or let sleeping dogs lie. If however, they bring up the topic, you shouldn't get angry or upset with them, fair is fair. If you were on the other side of the fence, you'd want to protect yourself too.

• If your partner has no assets but a bunch of liabilities and debts: Three words - sexually transmitted debt. Protect yourself with a BFS (Binding Financial Agreement) - previously known as a Pre-Nup. If you end up splitting, you will protect yourself against being liable for their debts and loans. Saying, "Babe, I think we need to get a BFS/PreNup drawn up before moving in together" may not be the sweetest, most romantic thing to say but bear in mind, that when you move in together, all your assets are vulnerable to being divided in the event of a split.

• If either of you have kids from previous relationship, both of you should definitely discuss financial matters, assets and property beforehand and get a BFS drawn up.
  

What if your partner doesn't want to talk about their finances?

You could try bringing up the subject gently by saying, "Do you think we should get a BFS/PreNup drawn up before we move in together so if anything were to happen, we would end up with what we entered the relationship with?"

If that triggers a lot of anger and resentment, I'd probably avoid the topic entirely and don't even contemplate moving in with them. It's not romantic anymore if the situation turns ugly. Arguments, fights, recrimations and bitterness and for some, the desire to be nasty and take you to court.There's really no beating around the bush about this topic. If your partner is neither keen nor interested in discussing their finances with you, moving in with them probably should be avoided. Especially if you have a lot of assets. In the old days, people never moved in with each other before marriage anyway.

If you both decide to get a Binding Financial Agreement/Pre-Nup drawn up

Pre-Nups were used previously a few years ago. The problem was that they weren't recognised by the law officially so even if couples had Pre-Nups drawn up, sometimes the court would just divide things up based on the case presented at court.

With a Binding Financial Agreements (BFS) in place, provided you don't have children together and you've been together for just a few years, it's more likely that the court will uphold the BFS in the case of a split and your ex takes you to court to demand a share of your assets.

Your BFS should cover how you'll be splitting assets brought into the relationship (usually it's what's mine is mine and what's yours is yours!), how you'll split assets that were acquired and built up while in the relationship (usally a 50/50 split or some other ratio depending on who the higher income earner is and whether they're unhappy with the 50/50 ratio or not).

Ensure that your BFS has future actions, scenarios and what will happen if those scenarios were to occur and how property will be divided or retained. Other grounds that you may wish to cover on your BFS can be existing mortgages, future mortgages, kids, future loans and liabilities, personal items etc. If your financial situation changes in any dramatic or distinctive way, ensure your BFS is updated if you don't want to risk having your BFS challenged in court.

I really recommend you visit the two links below and have a good read to understand how BFS works and when they won't be binding. They also have a few case studies used as examples that will help you understand how BFS works:

* http://www.legalcontract.com.au/binding_financial_agreement.php
and
* http://www.rk.com.au/uploads/File/Binding%20Financial%20Agreements%20Article%20FINAL%282%29.pdf

If you and your defacto partner or marital spouse has not got a BFA and they are taking you to the Family Court, Elrington Boardman Allport Lawyers has outlined their Four Step Approach to defacto relationship property claims which is an interesting read.

A few important points about a Binding Financial Agreement

"The Agreement need not be fair or ‘even handed’ and can favour one party over the other. The Court will not set aside an agreement simply because it is “unfair”. This is partly because prior to signing the Agreement, the parties must each obtain independent legal advice from a solicitor, including advice as to the advantages and disadvantages of entering into the Agreement.

Once the advice is given, the solicitor for each party will attach a Certificate confirming that advice was given before the parties entered the Agreement. This prohibits parties from arguing that, at the time of signing the Agreement, they were unaware of the consequences of signing it."

Some reader questions and examples

Noel Whittaker is one of the SMH's financial specialist who excels in answering reader mailbag questions. He received a few questions from readers concerning realationships and money. This is an extract from the issue that was printed on 3/11/2010:

Reader question: I'm 40, have a good job and have never married. I own a debt-free house and have $250,000 in super. Three years ago I moved in with a man who had left his marriage and who had few assets because of his divorce. Our relationship is now rocky and I'm concerned he will get a hefty share of my assets when we break up. How can I protect myself?

Noel's reply: The Family Law Act 1975 applies to de facto relationships. Your situation matches the definitions under the Act, so you should be taking proactive steps now. Consult a family law lawyer to determine the extent of rights your partner may have against you and your estate. Your super is part of this. This should be a warning to anybody contemplating a serious relationship- taking legal advice before the domestic relationship starts could provide you with protection once a binding financial agreement is entered into.

My reflections on this: I definitely agree with Noel's advice regarding consulting the family law laywer ASAP. She might end up having to create a trust account to transfer her assets into in order to protect them. She needs an emergency plan, needs to organise double signatories on all joint accounts for all withdrawals, changing the pins on personal accounts and printing out copies of bank statements and loan statements on the date of separation. Ensure there are no overdraft facilities- if there are any, cancel all the overdraft facilities so that they can't be exploited. If there are any joint credit cards, cancel those cards and get them stopped immediately.

Reader question: You recently discussed retirees providing money for their children's house deposits. You suggested that such large gifts should be made "in the form of a registered mortgage with interest capitalised, to protect the family's wealth". What is a "registered mortgage with interest capitalised" and how does it protect a family's wealth?

Noel's reply: You would have your solicitor register the mortgage on the title deed through the relevant state lands and title department (in NSW, it's the Land and Property Management Authority; in Victoria, the Department of Sustainability and Environment), thus giving you a legal claim on the property should it be sold. You then hold the title deed, just as the bank does when you owe the bank.

By capitalising interest, the property owners do not pay you any interest but it is added on to the mortgage — the debt compounds over the years and you have the right to claim that the debt be repaid, with interest. The strategy protects the family wealth in the event that your child's marriage or de facto or same sex relationship should fall asunder and the bitter ex-partner demands half the house. Then you, as mortgagee, can have your solicitor step in and demand that your mortgage and its accrued interest be repaid before any of the remaining amount can be split between the warring parties.

My reflections on this: This is one of Noel's classic great advice. There are a lot of parents out there giving financial loans and gifts without any paperwork or registering any interest in the property. And a lot of relationships going sour where the bitter, former partner demands half of the property and more despite not having contributed a significant sum for the property acquisition. If you live elsewhere outside of Australia, you should visit a solicitor or lawyer who specialises in family law. There's nothing like laying the legal framework to protect yourself before going into relationships that may turn defacto or you ultimately marry each other.

What are the costs involved?

ResolveConflict, a family law firm provides us with a few estimates of separation costs where the other party wants a share of the property/assets:

$3000-$5000 to have the the documents prepared jointly
$30,000-$100,000 each if going through the courts
$10,000 each day, if it's through mediation involving lawyers and documentation
$15,000 each for alternative forms of dispute resolution

Going through the courts will be costly and acrimonious. If you want to still be friends and have a civil relationship(kids or no kids), the best method is always the mediation route.

I hope what I've written may help someone, someday. The law is pretty poor in respect of being unable to conserve property that was previously acquired prior to the relationship becoming defacto/married. That's the worst part of the law. That what you have worked so hard to save up and invest (over a period of several years) can be so easily ripped away by the family court when you've lived with your partner for just six months. Romance exists but on the flip side of the coin, when relationships start falling apart, things can turn really ugly, very quickly.

Help, my builders are crap and my neighbours are a$$holes!

So you've contracted builders to build your house or extend the house. Everything is going along swimmingly when you sign them up. Suddenly, as they start building, you notice that there hasn't been any mandatory council inspection during the builders progress. You also notice that the builder is flying along with his construction and some of their work is misaligned or simply, crap.

You've got problems and where can you go for help?

1)Consumer, Trader & Tenancy Tribunal - online application fo a dispute can be lodged with application fees ranging from $31-$167 (www.fairtrading.nsw.gov.au/cttt.html)

2)NSW Office of Fair Trading - www.fairtrading.nsw.gov.au/building There's helpful information and tips on how to construct contracts, decide on builders and resolving disputes

3)Insurance claim- All building work valued over $12,000 must be covered by home warranty insurance and builders must supply the owner with a certificate of insurance when the contract is signed. If your builder is insolvent you can direct your claim to the insurer specified onth certificate of insurance.

4)Legal action- www.lawsociety.com.au A directory of solicitors with a current practising certificate. This site is maintained by The Law Society of NSW

Vicious and unpleasant neighbours. I had a work colleague with a nasty neighbour. Their relationship deteriorated daily and he would start up his lawn mowing and drilling tools early in the morning every weekend just to drive my colleague insane. So what can you do about unpleasant neighbours?

1)NSW Department of Lands- www.lands.nsw.gov.au/land-management/dividing-fences They administer the Dividing Fences Act 1991. If you give your neighbour a written notice and there's no agreement reached after one month, the Local Land Board can adjudicate

2)Community Justice Centres- www.cjc.nsw.gov.au Available in NSW, they provide free mediation and conflict management services to assist with dispute resolution

3)Local courts- Civil issues valued up to $60,000 can be dealt with by the Chamber Magistrates

4)Local council- Councils can have compulsory notice powers for any disputes covered by the Local Government Act

5)Private legal action- www.lawsociety.com.au for solicitors

There's not really much you can do with annoying or unpleasant neighbours if they aren't breaching any laws. You can't really trade your neighbour too if you don't like them. It's always best to try and maintain a good relationship from the start.

You can however, ensure to some extent that you don't contract a crappy builder by ensuring they have all the relevant licences and registrations. That they have insurance covering their work. Don't pay the entire balance up front but in stages of completion. Check for references. See what work they have done in the past. Doing the legwork before contracting them can prevent a lot of headaches later.