Macca's decision expected tomorrow

Gosford Council will make a decision tomorrow (Tuesday) whether it will allow rezoning of residential land in Umina for a fast food outlet.

Councillors will inspect the site and consider the planning proposal for a McDonalds store.

Council planners have recommended that the rezoning proceed, and that a planning proposal be forwarded to the Department of Planning and Infrastructure accordingly.

McDonald's (Australia) Ltd has told the council that the planning proposal was needed because of the uncertainty associated with the timing of the finalisation of the draft Gosford LEP 2009 and the need to proceed with the development of this site at the earliest opportunity.

The proposal would see the land rezoned to Zone 3(a) Business (General) under the Gosford Planning Scheme Ordinance.

Council planners reported that the proposal was inconsistent with Section 117 Direction 4.1 Acid Sulphate Soils as the land is affected by acid sulphate soils.

However, they stated: "The inconsistency with the direction can be justified as the planning proposal is of minor significance."

The report stated that the land was of a low acid sulphate risk as these soils were found at a level greater than three metres below the surface of the land and most forms of development possible on the land would not involve ground disturbance to this level.

The Planning Proposal was placed on public exhibition from November 2 to November 16 and at the suggestion of the Department of Planning and Infrastructure was exhibited with a development application for a McDonalds Restaurant on the subject land.

The exhibition resulted in 78 submissions being received and two petitions.

The report stated that three issues were raised in submissions.

They were an objection to spot rezoning, that the proposal should not be considered before the draft LEP was determined and that a transport plan should be completed before the planning proposal proceeds.

The council staff commented: "The Department of Planning and Infrastructure is currently considering the Draft Gosford LEP 2009.

"The department will determine whether the planning proposal, if it is continued to be supported by Council, should proceed ahead of the draft Gosford LEP 2009.

"Actions in relation to the Transport, Management and Accessibility Plan (TMAP) which includes preparation of a basis for a new carparking contributions plan for Umina Beach will commence in December 2011.

"The subject land will be considered in the TMAP and a carparking contributions plan will apply to any development on the land.

"It would be appropriate as part of the planning proposal recommendation that Council resolve to amend the CP68 - Umina Beach Village Carparking to include the subject land."

Gosford Council Agenda ENV.85 6 Dec 2011