Council approves Hardys Bay development

Gosford Council has finally approved a proposal to redevelop the corner of Araluen Dr and Killcare Rd, Hardys Bay.

The proposal was for a new three-storey building comprising two commercial premises on the ground level with two residential dwellings above.

A previous development application for four commercial retail units and nine residential units on the site was rejected by the Council in May 2009.

A subsequent appeal against the refusal of the application was dismissed by the Land and Environment Court of NSW in March last year.

Council planning staff told the council meeting that the second development application "is significantly different to that which was previously refused by Council and dismissed by the Court on appeal".

"The design has been significantly altered to address the reasons for refusal for the previous development application and issues raised in the subsequent court judgment."

Changes made included a concentration of the building mass to the front of the site, reduced excavation and the maintenance of the natural slope of the site, retention of trees, reduction of the size of the development and site coverage and the choice of materials.

The council has now agreed to the provision of 14 car parking spaces, a loading dock and private recreational facilities at the rear of the site including a barbecue area, gymnasium and swimming pool as well as associated landscaping.

The buildings to be demolished comprise a takeaway food shop located at number 58 Araluen Dr, Ray White Real Estate and the Yum Yum Eatery restaurant located at number 60 Araluen Dr and a two-storey dwelling and carport which was previously a doctors surgery on number 62.

A number of public submissions were received expressing concerns about the impact on trees, the visual impact of the gym, pool and barbecue area, insufficient front and side setbacks, the character and visual impact of the building, traffic impacts and loss of views.

Objectors were also concerned, among other things, about the height, bulk and scale of the building, overshadowing and the choice of materials.

According to the council planners' report, a number of the issues were addressed through the conditions of the consent but the remaining issues did not warrant refusal of the application.

"The proposed development is sympathetic to the surrounding developments and will not have unreasonable impacts on the neighbouring residents.

"The proposal is considered a suitable design for the site, zone, and its context."

According to the report, the development was designed to minimise the extent of tree removal, preserving the existing tree canopy and maintaining the scenic bushland backdrop qualities of the hillside and ridgeline.

The applicant also submitted a landscape plan showing plantings of native trees including spotted gum, cheese tree and tuckeroo which would exceed the number of existing trees to be removed.

The report stated that the new plantings would provide vertical and horizontal bands of vegetation that would complement the established tree canopy on the site and the surrounding area.

The design of the building was expected to improve the appearance of the site and enhance the streetscape and foreshore, it said.

Gosford Council ENV.69, 1 Nov 2011