Andrew ThompsonSydney is projected to run out of burial space by 2027, and the NSW Government's preferred solution sits on 45 hectares of green open space in Lidcombe. In March 2026, Metropolitan Memorial Parks (MMP) confirmed it had submitted the results of a community consultation process to the NSW Department of Planning, Housing and Infrastructure — moving the Carnarvon Golf Course cemetery proposal one step closer to a formal decision.
The plan has already triggered two unanimous opposition votes from Cumberland City Council and a community campaign, Hands Off Carnarvon, that has rallied thousands of western Sydney residents. What many affected locals do not know is what legal rights they have to challenge or delay a state government land-use decision of this scale.
Why Carnarvon Golf Course Is in the Firing Line
MMP reviewed more than 1,000 potential sites across Greater Sydney before identifying Carnarvon Golf Course as its preferred location for a new cemetery. The justification is stark: Rookwood Cemetery in Lidcombe — the largest cemetery in the Southern Hemisphere — is running out of capacity, and the wider Sydney basin faces a critical burial-space shortage before the end of the decade.
The 45-hectare Carnarvon site is equivalent to more than 63 football pitches of green community space. Carnarvon Golf Club's current lease runs for another decade, but residents and the Club have expressed concern the government could move to reclaim the land before the lease expires.
Cumberland Mayor Ola Hamed has stated plainly: "We deserve to retain our beautiful green spaces. Once the green space is gone, it is gone forever."
The Legal Pathway for NSW Residents
When a state government in NSW seeks to acquire or convert land for public purposes, several legal mechanisms come into play. Understanding these rights is the first step toward an effective community response.
1. Objections during the planning approval process. Under the Environmental Planning and Assessment Act 1979 (NSW), major state significant development and infrastructure projects require formal community consultation. Residents can lodge written objections, which the Planning Secretary must consider before a determination is made. Objections are most powerful when they address specific planning criteria — visual impact, heritage, environmental value and social impact — rather than general opposition.
2. Compulsory acquisition and just compensation. If the NSW Government proceeds to acquire the Carnarvon site, it must do so under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW). This law requires the government to provide just compensation to the landowner — in this case, the Carnarvon Golf Club and the Crown. Private property owners adjacent to a compulsorily acquired site have limited direct legal standing but may have claims if their property value is demonstrably and specifically damaged by the acquisition.
3. Council powers under local planning instruments. Cumberland City Council has the power to advocate for the preservation of green space through its Local Environmental Plan (LEP). While state governments can override local zoning, the council's formal opposition — documented through two unanimous votes — creates a legal and political record that can be invoked in any future planning tribunal proceedings.
4. Access to the Land and Environment Court. NSW's Land and Environment Court (LEC) has jurisdiction to review certain planning decisions, including those involving environmental harm, procedural fairness breaches or failure to consider mandatory criteria. A group of residents, a community organisation or the council itself can apply for judicial review if proper process is not followed.
What the Consultation Result Means for Residents
As of March 2026, the consultation report has been submitted to the Department but the Minister had not yet received it — meaning the formal assessment phase has not concluded. This period represents the last window before a formal planning determination.
Residents and groups who have not yet engaged in the consultation process should do so now. Written submissions to the Department of Planning, Housing and Infrastructure carry legal weight. A lawyer specialising in planning and environmental law can help draft an effective submission that addresses statutory criteria, which are the specific grounds the Minister must consider.
Property Value Implications
Beyond the legal rights question, homeowners in and around Lidcombe have a legitimate concern about how a major cemetery directly adjacent to a residential suburb affects property values. Research on comparable situations in NSW suggests proximity to a large cemetery can affect perception of desirability, even if valuations are not automatically reduced. A property valuer or financial adviser can provide a formal assessment of likely impact — useful documentation if a compensation claim or objection to the development later becomes necessary.
Getting Expert Help
Planning law in NSW is specialised and involves statute, case law and ministerial discretion. If you are a Lidcombe or Cumberland resident affected by this proposal, a planning lawyer can review your options, help lodge a formal submission or assess whether a judicial review application is viable once a determination is issued.
For information about the NSW planning approval process and community rights in major development decisions, the NSW Department of Planning, Housing and Infrastructure provides guidance at planning.nsw.gov.au.
ExpertZoom connects Australians with accredited lawyers who specialise in planning law, compulsory acquisition and land-use disputes. If you want to understand your rights before a final decision is made, an initial consultation with an expert is the most effective step available.
This article is for general informational purposes only and does not constitute legal advice. Consult a qualified NSW planning lawyer for advice specific to your circumstances.
