Council moves away from spot rezoning

Gosford Council's support for a planning proposal that would permit a second horse riding business in the Empire Bay area could see a change to provisions of a whole conservation zone across the municipality.

In an unusual move for Gosford, the council is seeking changes to its entire Conservation and Scenic Protection zone (7(c2)), rather than undertaking a spot rezoning or "site-specific enabling clause".

Prior to the introduction of the State Government's Standard LEP planning requirements, Gosford Council had gained a reputation of having one of the State's highest occurrences of spot rezoning.

Even since the State Government imposed its standardised requirements, Gosford has continued with its spot rezoning practice.

The Council's recent support for changes that would permit a McDonalds fast food outlet in Umina was an example.

Council's new approach came after an applicant wishing to operate a horse riding facility in Empire Bay asked Council for an enabling clause to permit the use of an animal training establishment, as the current definition of the clause excluded the training, breeding, boarding and keeping of horses.

Council agreed at its June 5 meeting to endorse the preparation of a planning proposal for animal boarding or training establishments to be permitted in the Conservation and Scenic Protection zone (7(c2)).

The current 7(c2) zone permits the use of an animal establishment which allows a building or place to be used for the breeding, boarding, training or keeping of animals, excluding horses, for commercial purposes.

A report for the meeting prepared by council staff explained that, when the Draft Gosford LEP 2009 was exhibited in 2010, it showed the 7(c2) zoned land as being the equivalent zone E3 Environmental Management, under which a horse riding school would be permitted.

Council's Environment and Planning director Ms Colleen Worthy-Jennings said that with the deferral of the Draft Gosford LEP 2009 for those areas currently zoned 7(a) and 7(c2) located east of the F3 Freeway for a period of five years, the subject land would remain zoned 7(c2) and a horse riding school prohibited on the property for another five years.

Ms Worthy-Jennings said instead of the insertion of a site specific enabling clause for an animal boarding or training establishment, a more strategic approach would be to include the use as permissible in the whole of the 7 (c2) zone on the basis that Council had already resolved to do so in the equivalent Environmental Management (E3) zone.

According to the applicant's submission, the planning proposal would provide the capability to facilitate the development of the site ahead of the Draft Gosford Local Environmental Plan 2009 which would permit the proposed activity with the consent of Council.

Gosford Council Agenda ENV.49, 5 Jun 2012