Tavern appeal decision deferred

Gosford Council has deferred a decision to defend an appeal in the Land and Environment Court against its decision to refuse a building extension to allow for a tavern at Patonga.

The reasoning for the decision was discussed in a confidential sitting of the Gosford Council.

The applicant, Mr Robert Osborne, had filed a Class 1 application in the Land and Environment Court against Council's refusal of modification to consent for proposed storage additions at 6-8 Patonga Drive, Patonga.

The Development Assessment Unit refused the DA for the following reasons:

"The proposal is inconsistent with the stated objectives of the residential 2(a) zone as it is not compatible with a low density residential environment.

"The proposal will detract from the character of the locality mainly due to the proposal to provide the required parking on street.

"The additional tavern area will result in a shortfall under Development Control Plan (DCP) 111 - Car Parking of a further 13 car parking spaces, bringing the total parking shortfall to 31 spaces.

"The solution proposed within the Parking Assessment Report submitted in support of the application is inadequate, particularly in relation to details regarding implementation and funding.

"The parking shortfall would create traffic, noise and privacy problems with drivers circulating looking for parking and consequently parking on street at the frontage of nearby dwellings.

"A tavern of the size proposed as part of this application under Sec 96(2) is incompatible with regard to the amenity of the locality and its low key residential nature.

"Council's Heritage Committee does not support the proposal as discreet entry into the shop would be lost and it is important to have a break between the heritage item and the other buildings.

"There is overwhelming public objection to the proposal.

"Due to the detrimental effect on local residents, approval to the proposal would not be in the public interest."

Council officers had recommended to the applicant that he lodge an application under Section 82A of the Environmental Planning and Assessment Act.

If the applicant choose not to lodge such an application, council's solicitors were to be instructed to settle the matter by consent orders.

The matter has been deferred instead.

Council agenda FS.089, June 24