Complaint against kerb and gutter

Pearl Beach resident Ms Kay Williams has lodged a formal complaint with Gosford Council about it allowing kerb and guttering on a recently-approved development, contrary to Council's policy for the area.

Ms Williams said that Council should not have agreed to a "consent order" which included the kerb and gutter, when it contravened council's policy for the area.

The consent order was granted in the Land and Environment Court after a landowner lodged an appeal against the council's refusal of a subdivision application.

The terms of the order were negotiated between the landowner and the council.

Ms Williams said that council staff had claimed that the Land and Environment Court had ordered the work.

"The result is an absurd piece of concrete over-kill in an environmentally sensitive area, which has cost the owner tens of thousands of dollars," Ms Williams said.

"The kerbing and guttering and concrete paving also contravenes the Land and Environment Court order that the works should not affect adjacent properties as there is no management of the water gathered up by the concrete structure and directed downhill.

"What is more worrying still is that it now attracts people to use the path then forces them at its termination out onto a blind corner, into any oncoming traffic."

Ms Williams said the community was outraged about the structure and stated that council was "blaming the Land and Environment Court".

"We are calling on council to provide evidence they properly briefed the court, and to make efforts to reduce the adverse impacts both visually and from a safety point of view," Ms Williams said.

"We also want the visual impact of the works softened by native plantings in the footpath, the rock and obstruction at the blind cornet removed and the drainage onto properties adjacent addressed."

Council's legal officer Mr Alan Ford said council had refused the application and had fought it all the way to the Land and Environment Court.

Mr Ford said council argued against the subdivision.

"At court we defended our position and then we took the matter further to the judge on a point of law," Mr Ford said.

Mr Ford said he would provide Ms Williams with a copy of the courts determination on the matter.

Lyle Stone, 9 Nov 2007