Meeting told of proposal's 'faults'
Two solicitors from Gosford Council's legal firm have told a packed meeting of the Hardy's Bay Residents' Group what they will argue is wrong with a proposed development in Araluen Dr.
The proposal includes four commercial occupancies, nine apartments and parking for 34 vehicles.
Ms Pauline Wright and Mr Patrick Donnellan from PJ Donnellan and Co said the council would defend an appeal in the Land and Environment Court against the council's refusal of the proposal.
Ms Wright said council's reasons for the refusal of the application included that the proposed development was "out of character" for the locality and that the height, bulk and scale were inappropriate.
She said the development did not comply with State planning policies for the design of flats or for coastal protection and scenic impact.
The council would also argue the development would have a detrimental impact on the scenic quality of the locality by removal of most of the regionally significant vegetation on the site.
Mr Donnellan said since filing the appeal the developers had made some minor cosmetic changes.
"Council has the opportunity to file an amended statement of facts and contentions at this stage and will consider raising fresh issues such as heritage impact and impact on the Endangered Ecological Community, if the experts consider it appropriate," Mr Donnellan said.
More than 130 concerned local residents attended the meeting of the residents' group on October 27.
Group publicity officer Mr Allan Wilson said the number of people attending the meeting confirmed the "enormous amount of community interest" the controversial plan had created.
"The initial proposal embraced a development which was planned to replace a fish and chip premises, the Yum Yum Eatery restaurant, and a residential building to the west."
Mr Wilson said four new commercial properties were proposed and nine terraced apartments were to step up the slope behind the retail premises and included underground parking for 34 vehicles.
"After the council received over 600 objections to the original proposal, the developer made a number of amendments to the plan," Mr Wilson said.
"Subsequently, the list of objections increased to over 700.
"Clearly, the minor changes made by the applicant were not adequate to convince the local community that the size and style of the development was in the best interests of the bay.
"A large expanse covering three blocks of land and requiring the removal of over 100 large trees is considered out of context with the bay's character and not in keeping with the minimalist approach to foreshore development that has been advocated by local community groups."
According to Mr Wilson, three "expert witnesses" are expected to play a significant role at the court case.
These were planners Mr Brett Newbold, Mr George Wellington-Smith and environmental consultant Dr Anne-Marie Clements.
"The court will be provided with a copy of the 713 written submissions objecting to the proposal as well as the DA assessment report which contains a summary of the main issues raised by the objectors.
"The hearing will commence on site and then adjourned to either the Land and Environment Court in Sydney, Gosford or Woy Woy, depending on their availability."
Mr Wilson said the hearing was "unlikely" to occur before February next year.
"In the meantime, ongoing consultation with the local community groups is proposed and, according to the solicitors, they will be agreeable to address a further meeting prior to the February hearing," Mr Wilson said.
Press release, 28 Oct 2009
Allan Wilson, Hardy's Bay Resident's Group