ACF branch calls for planning report review

The Central Coast branch of the Australian Conservation Foundation has called for an investigation of a planning report recommending approval of a retirement village on rare bushland in Woy Woy.

The proposal would destroy Umina Coastal Sandplain Woodland, an endangered ecological community, on a 1.16 hectare site at the corner of Hillview St and Veron Rd, Woy Woy.

In a 21-point letter to Gosford Council six weeks ago, the branch has described the report as "inaccurate, inadequate and unbalanced", claiming that it "misleads councillors in their consideration of the development application".

It called on the council's general manager to review and rewrite the report.

ACF branch president Mr Mark Snell said the branch had not received a response to its request and would now write to the Ombudsman, the Local Government Department and the Planning Institute of Australia.

"Six weeks is plenty of time for the council to prepare a response."

Mr Snell said that the report by council planners claimed that the council did not have adequate environmental grounds to reject the application and that council would be unlikely to be able to successfully defend an appeal.

"The report fails to mention that the council's rejection of a similar application was upheld in the Land and Environment Court last year.

"In the court case, Gosford Council argued against the development entirely on environmental grounds and Justice Bignold had found in the council's favour," said Mr Snell.

"The court had the benefit of expert evidence from four ecologists."

"The ACF branch is concerned that a report from Council staff, recommending the development be approved, has misrepresented the court proceedings, resulting in misleading conclusions."

Mr Snell said the ACF branch was also concerned that the staff report failed to address the detail of a number of issues raised by objectors, such as the adequacy of the proposed bush management plan, the inadequacy of the proposed compensation payment and the consequential damage to the bush of the development.

Mr Snell said the ACF branch would write to the Ombudsman, the Local Government Department and the Planning Institute of Australia.

The Ombudsman was charged with overseeing matters of administrative process.

"We would like the Ombudsman to investigate the adequacy and veracity of the report, and how it came to be written in the form it was published, as well as the council's lack of response to our request."

Mr Snell said the Local Government Department was concerned with encouraging best practice in council operation.

"We would like the standard of the report assessed, in the light of the department's recent Better Practice Review of Gosford Council.

Among other issues, the Review highlighted the council's lack of procedures for admitting and correcting mistakes.

The Review also raised concerns that staff had been put under pressure to issue approvals against their own judgement.

"We would like the department to examine whether this was a factor in this instance."

Mr Snell said the ACF branch would approach the Planning Institute of Australia both in terms of a possible breach of its code of practice and also in terms of the Institute's concerns about threats to the independence and professionalism of planners working in local government.

Media release, 20 Mar 2007 Mark Snell, ACF Central Coast