Council defers decision on retirement village

Gosford Council has deferred making a decision on an application by Providence Projects for a Seniors Living development on rare bushland at the corner of Veron Rd and Hillview St, Woy Woy.

Council officers had recommended that council resolve to accept a "deferred commencement" at its meeting of February 6.

Councillors will now discuss the matter tomorrow night, Tuesday, February 13.

The proposed development was for seniors living housing of 37 units and ancillary facilities.

The application was received on April 27 last year, and has now been referred to council due to a multitude of public submissions.

There were eight public submissions, two petitions containing a total of 141 signatures and one letter of support.

A previous application for a Seniors Living development containing 41 dwellings together with community and recreational facilities was refused by council at its meeting of February 1, 2005.

The applicant appealed council's refusal to the NSW Land and Environmental Court, which upheld the refusal.

According to a council staff report, the court's reasons for upholding the refusal were that even though the applicant produced a Species Impact Statement to the court, "council could not have determined the application without having sought the concurrence of the Department of Environmental and Conservation (DEC)".

However, environmentalists have disputed this, quoting the findings of Justice Bignold where he said that Gosford Council had argued against the development, and he had decided the matter, entirely on environmental grounds.

Providence Projects now proposes to construct a development containing 37 self-care units together with a community hall and indoor swimming pool contained within two building pavilions.

A basement car park is proposed beneath the development.

A report from council stated that an assessment of the proposed development, under part of the Environmental Planning and Assessment Act, supported approval of the development.

It also stated that "in essence" the DEC supported the proposal subject to conditions being applied and the applicant funding bushland management and care in other bushland sites.

The DEC stated that it "granted concurrence" with the development because "on available evidence", the proposal was "unlikely, to significantly compromise the local or regional viability of any threatened species known to occur in the subject site".

It also stated that generally, the impacts of the proposal on the threatened species considered in the Species Impact Statement (SIS) would be ameliorated by the effective implementation of the measures outlined in the SIS and the conditions of concurrence.

Council's environmental assessment officer said that, given the DEC had granted concurrence for the application, the council would be "prudent" to grant consent to the application, subject to conditions.

The officer said this decision was also based on the previous Land and Environment Court decision along with a judgement handed down in an unrelated case.

The officer also stated that it would be "unlikely" for council to defend further legal action in an appeal against the refusal of the application.

Council agenda ENV.3, 6 Feb 2007