Court 'not told' of kerb policy

Gosford Council's acting director of environment and planning Mr John Parkes has admitted the council did not bring its Pearl Beach kerb and gutter policy to the attention of a recent Land and Environment Court case.

The result was a court decision that did not conform to the intent of the policy.

The construction of a short section of kerb, guttering and footpath in front of a subdivision was included as a condition of consent imposed by the Land and Environment court, Mr Parkes said.

However, Mr Parkes has defended the council's action, saying "it could be assumed that the court would have been aware of the Pearl Beach Progress Association submission objecting to the development, as it had council's development application file".

Mr Parkes admitted: "The Pearl Beach Plan of Management and council's policy D016 may not have been discussed in their entirety in the court, particularly regarding the special treatment of road formations and the avoidance of kerb and gutter in Pearl Beach."

The comment came following a complaint by Pearl Beach resident Ms Kay Williams about the requirement for kerb and guttering on a development in Pearl Beach recently approved by the court.

Ms Williams called on council to provide evidence that it properly briefed the court about council's policy regarding kerb and guttering.

Ms Williams also asked whether council would consider plantings in the footpath, the addressing of drainage on the road and the removal of a rock which she stated was an "obstruction".

"The large boulder at the end of the constructed footpath has been placed there as a means of transitioning the formal shape of the concrete footpath to join up with the road shoulder and table drain upstream of the works," Mr Parkes said.

"The existing berm has also been reshaped to join with the boulder to direct stormwater into the kerb and gutter.

"An asphalt path has been provided to direct pedestrians on to the road shoulder as there is no formed footway on the same alignment as the concrete footpath.

"The existing road shoulder continues along Jade Place and there is adequate sight distance for pedestrians to see any oncoming vehicle."

Mr Parkes said Jade Place was considered to be a slow vehicle environment which could be safely shared by pedestrians and motorists.

When asked if he thought the works contravened council's policies, Mr Parkes said the residential development was currently covered by Development Control Plan 162 (DCP162)

"One objective recommends kerb and gutter be avoided where possible and that street drainage be accommodated with shallow spoon drains and ground cover," Mr Parkes said.

"Prior to its adoption in March 2002 resident development in Pearl Beach was covered by D016 adopted in June 1990.

"It did not prohibit the construction of kerb gutter footpath paving.

"However, it did have an objective to retain existing street formations.

"The formation of Jade Place consists of kerb and gutter for its full length along its western side.

"Kerb, gutter and footpath paving for the subdivision in question has recently been constructed opposite 6 and 8 Jade Place.

"The new kerbing and guttering compliments that existing in front of these properties."

Lyle Stone, 7 Dec 2007