Council removes sea level message
The s149(5) planning certificate message that relates to sea level rise will be removed following Gosford Council's meeting of Tuesday, July 3.
The decision was not unanimous with mayor Cr Laurie Maher and deputy mayor Cr Craig Doyle voting against the decision to remove the message.
Mayor Cr Maher said he believed that sea level rise was a reality and for that reason the message should not be removed.
Cr Doyle moved an amendment to defer the meeting to the reconvened ordinary meeting to be held on Tuesday, July 10.
As there were only six councillors present, he said the decision should be considered by a full council and the weight of the decision should not rest on the shoulders of those six councillors alone.
His amendment failed for lack of a seconder.
Cr Jim Macfadyen, who moved the motion, said that "in respect we should have looked at what other Councils were doing because we set ourselves up for public criticism".
Greens Cr Peter Freewater, who seconded the motion, agreed with Cr Macfadyen and said there was no evidence that sea level rise in Brisbane Water was a reality.
"I think in this case we have publicly gone a bit too far, a bit too soon," he said.
In Council's staff report, director of environment and planning Ms Colleen Worthy-Jennings made it clear that the s.149 (5) planning certificate message relating to sea level rise was not to be confused with the s.149 (2) planning certificate messages that related to flood risk.
"Flooding is an immediate risk that needs to be managed as a floods can occur at any time while sea level rise is a future risk that needs to be considered when making decisions that have medium to long term implications," said Ms Worthy-Jennings in her report to Council.
In December 2009, Council resolved to adopt a sea level rise planning level which was consistent with the NSW State Government's Sea Level Rise Policy Statement.
Council developed sea level rise vulnerability mapping, which was publicly exhibited in 2009, and deemed it had a duty of care to share that information with current and future property owners.
In the report to Council in December 2009, it was stated that "the adoption of this planning level has the possibility of affecting the future use and potential of certain land in the vicinity of the coast and estuaries".
"It is currently difficult to determine with certainty which land that will be.
"Council, however, has a discretionary obligation to advise current and potential owners that these possibilities exist through a s.149 (5) Planning Certificate message."
A notation was then placed on planning certificates in April 2010 pursuant to s.149 (5) of the Environmental Planning and Assessment Act 1979 that the land was within the 0.9m sea level rise extent as identified on the most relevant map held by Council.
Council's staff report stated that if Council decided to retain the information on sea level rise on its planning certificate there was a risk that a person may instigate action if the person considered that the loss of value was directly attributed to the notation on the certificate.
It also stated that if Council decided to remove the information on sea level rise on its planning certificates there was a risk that a person may instigate action if that person considered that Council was aware of a matter and did not disclose that information to the person's detriment.
Council had received up to 500 written and phone enquiries in the two years since the encoding.
The majority of these expressed concerns regarding the lack of consultation, doubt regarding the credibility of the science that supported the sea level rise projections, the effect the encoding may have on property prices and, more recently, the effect on insurance premiums.
The report stated there was no record of Council consulting regarding any s.149 encoding.
"The purpose of a s.149 planning certificate is to provide information to both existing and future owners.
"There is no way of consulting with future owners to ensure equitable consideration," said Ms Worthy-Jennings in her report to Council.
Council also resolved to write to local state members and seek support that the State Government provide a clear direction on a consistent approach across the state regarding sea level rise and s.149(5) Planning Certificate messages or that they repeal the Legislation.
Gosford Council Agenda SF.14, 3 Jul 2012
Kaitlin Watts, 3 Jul 2012