Council defends boat ramp refusal

Gosford Council has decided to defend an appeal against a refused application for a boat ramp at 64 and 66 Shelly Beach Rd, Empire Bay, at an estimated cost of $30,000.

The council will ask NSW Fisheries to "co-join with Council in defence of this appeal".

Chris Evans Glendinning Minto and Associates Pty Ltd filed a Class 1 Application in the Land and Environment Court NSW against Council's refusal of a Development Application (DA) seeking approval for the construction of a jetty and ramps.

On July 16, last year, council's development assessment unit refused the application for the following reasons: "NSW Fisheries, as an Integrated Approval body, have objected to the proposal and have advised that a permit to reclaim in any waters will not be issued.

"The proposal does not comply with the requirements of the Brisbane Water Plan of Management

"The proposal will remove existing public access to the waterfront and replace it with dangerous and restricted public access.

"The proposed pathway is considered dangerous by both Council and the DLWC.

"The proposed boatramps are unsuitable in this location, do not comply with the requirements of Council, the DLWC or NSW Fisheries and would create a proliferation of waterfront structures along a short 30-metre section of waterfront.

"The statement of effects submitted as part of the application is considered inadequate as it does not adequately examine the effects of the proposal, particularly the reduction or prohibition of public access to the waterfront on the community.

"Overwhelming public objection to the proposal.

"Approval of the proposal would not be in the public interest."

The applicant had requested that the application be treated as an application for integrated development.

An application for integrated development requires that the application be referred to the various approval authorities. The authorities included DLWC and State Fisheries.

State Fisheries did not agree.

Therefore, council was obliged to refuse the application for development consent.

Council agenda FS.035, April 22