Issue 199 of COAST Community News

Page 1

JANUARY 17, 2019

YOUR INDEPENDENT COMMUNITY NEWSPAPER

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PH: 4325 7369

Excessively non complying Terrigal development rejected

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Smith moved for refusal of the application, which would have comprised two groundfloor shops, 12 residential units and 23 onsite carparking spaces, against the advice of Council staff, making special mention of its level of non-compliance. She said the development exceeded the number of storeys by 25 per cent, had no setback to Hudson La, and no communal space had been provided. Smith said members of the community spent a lot of time and effort contributing to the development of local environment plans and development control plans with the expectation they would be enforced. “Both the former Gosford and Wyong Councils had a reputation for not enforcing their own planning controls,” she said. “So I had hoped that as a new Council, we could provide certainty to our community and to developers by adopting a more reflective decision making process.” Smith said previous ICAC reports showed problems were created when councils didn’t enforce their planning controls.

Public exhibition of draft Tree and Vegetation Management policy extended he public exhibition period for the revised Draft Development Control Plan Chapter relating to Tree and Vegetation Management has been extended by Central Coast Council to January 28.

entral Coast Mayor, Jane Smith, has stressed the need for Council to enforce its own planning controls, after an application for a shop top housing development at 5-7 Church St, Terrigal, was refused at the final Council meeting for 2018.

The subject land

A report from Council’s Environment and Planning Directorate had recommended that Council grant conditional consent to the proposal, but in a narrow vote, Councillors voted, seven to six, to refuse consent for the $10.7M development in the B2 Local Centre zone. “The development, as it currently stands, has significant non-compliance with the Development Control Plan (DCP),” Smith said. “To approve this development when there is such noncompliance with the DCP would create an expectation for similar concessions. “Although the DCP perhaps doesn’t have the strength of a Local Environment Plan, and one non-compliance may be considered acceptable, to have so many non-compliances

sets a poor precedent for future development in Terrigal CBD.” Clr Kyle MacGregor, who seconded the motion, said: “The most important issue we are dealing with here is what is the point of having planning controls if people won’t comply with them? “I believe we should be getting people to do their best to comply. “In the event there is massive variation and they are unable to comply. then I think we’ve got to have a pretty stringent look at that and really go over the detail of it. and try and find a better outcome for the community.” The refusal was based on three points, with the resolution saying that: “The development is not in the public interest as it will create an expectation

that similar non-compliance with Council’s planning controls is acceptable; the development exceeds the number of storeys by 25 per cent; the external wall height is a 23.55 per cent variation; maximum width of enclosed floor space at the fifth level has exceedance of between 10 and 26 per cent; no setback to Hudson La, representing 100 per cent variation; no communal space is provided, representing 100 per cent variation; no deep soil zones are provided, representing 100 per cent variation; and, no side boundary setbacks for visual privacy, representing 100 per cent variation. Source: Agenda item 3.1, Dec 10 Central Coast Council ordinary meeting Jackie Pearson, journalist

ISSUE 199

This extension, based on community feedback, will provide residents with additional time to lodge a submission on the important harmonisation of tree and vegetation management works policies across the Central Coast. If adopted following exhibition, the existing Wyong and Gosford Development Control Plans (DCP) would be amended to include the revised Chapter providing the community with a consistent policy until such time as Council adopts a Consolidated DCP. Council’s revised policy relates to urban and environmental zoned lands, and requires a land owner to obtain a permit before the pruning or removal of any tree or any vegetation located greater than three metres from a house or other approved building, where the proposed pruning or tree removal is not covered by a set of nominated exemptions. Council may also issue permits for minor clearing of land not associated with new development, and where the clearing does not exceed the specified threshold. This revised policy accords with recent NSW Government Land Management and Biodiversity Conservation

reforms and will provide greater clarity for residents. The Community Environment Network (CEN) has asked its members to make submissions to “help save the trees in the back yards of the Central Coast”. “If the draft Chapter is not amended, trees will be lost unnecessarily,” a CEN direct mailout to members said. “The draft Chapter generally requires landowners to obtain a permit from Council to remove or prune a tree, but the draft also describes exemptions to avoid having to obtain a Council permit. “Under the proposed Chapter, trees may be removed without a permit if ‘evidence’ is provided by an arborist with Trade (AQF3) qualifications that they are dead or pose a risk to persons or property, and are not required as habitat for native fauna. “AQF3 training does not cover tree species, diseases, assessment or reporting. “Most tree-removers hold AQF3 qualifications. “Since tree-removers are paid to remove trees, they have a clear conflict of interest if they are authorised to condemn trees. “In addition, Council should recognise the value of nonnative trees. “In some areas, maples, jacarandas and other large exotics provide the only canopy. These should be retained while more natives are introduced.” Source: Media release, Nov 27 Central Coast Council media Email, Dec 2 Community Environment Network

Office: 120c Erina Street, Gosford Phone: 4325 7369 Mail: PO Box 1056, Gosford 2250 E-mail: editorial@centralcoastnews.net Website: www.centralcoastnews.net Mobile Website: www.coastcommunitynews.com.au


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