Clearing was not 'work' for council staff

Gosford Council staff were to allow a developer to clear more than an acre of rare bushland in Woy Woy without environmental safeguards, because they said the word "works" did not cover clearing.

They have since reversed their decision.

Council staff had planned to allow the developer to clear the land at the corner of Hillview St and Veron Rd, Woy Woy, according to the Central Coast branch of the Australian Conservation Foundation.

The site is covered with rare Umina Coastal Sandplain Woodland (UCSW) bushland, which is an endangered plant community under the Threatened Species Act.

Branch president Mr Mark Snell said that, originally, environmental safeguards required by development consent conditions were not going to be enforced because they were tied to the issue of a construction certificate.

He said that Condition One clearly stated that "No works shall be commenced until a Construction Certificate has been issued."

However, council staff had said land clearing was not "works", according to Mr Snell.

He said the council's acting planning manager had determined that the destruction of the bush was "site preparation" and not subject to the issue of a Construction Certificate or the environmental safeguards determined by the Department of Environment and Conservation or the Council decision.

"This made a mockery of 'environmental safeguards'," said Mr Snell.

However, following a meeting between the developer and council staff after the protest on Friday, the interpretation of the word "works" would be reviewed and the developer would not be allowed to proceed with clearing until a construction certificate was issued.

Mr Snell said he had been told by the Member for Gosford Ms Marie Andrews, as well as Crs Vicki Scott and Terri Latella, that they had received assurances that clearing would not now occur without environmental safeguards.

Media release, 5 Jul 2007 Mark Snell, Australian Conservation Foundation