E
FRE
October 23, 2012
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Issue 44
Land and Environment Court overrules Council consent T
he Land and Environment Court has declared that the consent given by Gosford Council for an 800-seat meeting hall in Macdonalds Rd, Lisarow, was invalid.
The decision, which resulted from action taken by Lisarowraid Inc. was delivered on Friday, October 12. The development plans were approved in May of this year by Gosford Council despite recommendations for refusal by Council’s town planners on two occasions over the last two years. Both planning reports had concluded that the development was inappropriate for the area, with town planning principles highlighting that the proposed building and intended scale of usage were out of character for the area designated scenic protection rural (conservation). “Councillor approval not only ignored those two recommendations but dictated increased changes of rural streetscape with additional works including major road reconstruction of urban style, the removal of and threatened damage to trees, all compounded by heavier traffic in the area,” said Lisarowraid secretary Mr Stanley Crellin. “State planning law does not allow objectors to challenge such planning
decisions on ‘merit’ grounds, despite the community having clearly expressed major concern
that Lisarowraid Inc. commenced class four proceedings, challenging the validity of the consent.
plans of review are uncertain. “Council is armed with thorough and detailed reports from its officers recommending refusal, and we see no reason for the current councillors
flawed approval. “If the councillors are not inclined to act in accordance with their officers’ recommendations, we urge that they take advantage of this
The site for the proposed development
regarding impacts of the proposal, and reluctance of some then councillors to seriously address the issues. “Objectors can seek only ‘judicial review’, and it was for that reason
“The court, with Council and the developer’s agreement, accepted that the approval process was deeply flawed and declared the consent to be invalid. “At this stage Council’s
to move away from that recommendation. “Certainly Council could not feel comfortable, given the history of the application, simply acting to rubber-stamp the
opportunity to fully reconsider the proposal in accordance with council policies and law. “This mandates either allowing council officers to determine the application
under full delegation, accepting and acting in accordance with the officers’ recommendation or, should Council wish to act contrary to recommendation, seeking IDEP (Independent Development and Environment Panel) or external expert review. “It should be recognised that the ‘additional works’ that had been proposed were outside the parameters of the original proposal and therefore not accorded full and proper assessment. In seeking that approach, we acknowledge our current Council’s gracious readiness to accede to the decision of the court, and trust our further negotiations are met with an understanding of a constructive approach. “With a desire to protect environment and amenity for all, Lisarowraid Inc. appeals for continuing involvement and support from all who have seen this proposed development as a threat, not just to the immediate neighbourhood, but one that could easily be replicated in many other valued rural residential areas of our city of Gosford,” said Mr Crellin. Media release, 15 Oct 2012 Stanley Crellin, Lisarowraid Inc.