Minister's approval 'threat to planning'
Approval of the seven-storey Tesrol development at Ettalong under Part 3A of the planning act undermines strategic planning for the Peninsula, according to the Central Coast branch of the Australian Conservation Foundation.
"This approval provides further reason for a review of Part 3A of the act," said branch secretary Mr John Wiggin.
"This is the part of the legislation which takes the planning decisions away from Council and the local community and gives sole and unchallengeable authority to the Minister."
Mr Wiggin said a development of this height was contrary to both the current planning scheme and its proposed replacement, Gosford's Draft Local Environment Plan which is currently under review.
"Planning Minister Mr Tony Kelly appears to have based his decision on the development being consistent with the Central Coast Regional Strategy.
"The ACF branch considers the Regional Strategy to be ill-defined and to have little standing in law as a planning instrument.
"If Mr Kelly is not happy with the way the regional strategy is being implemented in local planning schemes, he should be working to have these planning schemes changed.
"While the Minister is legally entitled to make this decision, in the interests of good planning, he should not be making decisions that amount to spot rezoning."
Mr Wiggin said the branch supported the initiative of the Peninsula Chamber of Commerce to have a fresh "master planning" exercise undertaken for the Peninsula, and would support the establishment of a broadly-representative Master Planning Committee.
Decisions now to approve major projects that changed the character of the Peninsula prejudiced this exercise, he said.
"Gosford Council has recognised this in its decision about the Master Planning Committee last month," said Mr Wiggin.
"The council recognised that a number of strategic planning exercises had yet to be concluded and action should not be taken which would jeopardise the outcome of these.
"Among the processes identified in the council report were assessment of 1500 submissions on the Draft Local Environment Plan, risk management planning for sea level rise, and a review of the Central Coast Regional Strategy.
"It said that it would be premature to review the Peninsula Urban Directions Strategy or to undertake any other strategic planning exercises before these processes had concluded."
Mr Wiggin said the branch was keen to see a long-term plan for the Peninsula which recognised the Peninsula's vulnerability to the effects of climate change.
"Increase in development density should not occur in areas likely to be detrimentally affected by climate change, and a State Government guideline currently recognises this.
"This guideline should apply as much to the Minister as it does to the council."
Mr Wiggin said that the branch also opposed the Tesrol development for a number of other reasons, including that it was not environmentally-sustainable.
Media release, 4 Jan 2011
John Wiggin, ACF Central Coast