Council to change zone for horses

Gosford Council has confirmed its decision to permit animal boarding or training establishments in the 7(c2) Conservation and Scenic Protection zone.

The council advertised its intention, which would permit horses in the zone, during October and November and considered the one submission received at its December 4 meeting.

The issue was previously considered by Council on June 5 after an application requested that Council prepare a planning proposal to include an enabling clause to permit the use of a horse riding school on Lot 2 Empire Bay Dr, Empire Bay.

The public submission stated that the rezoning went against Council's resolution to defer zoning on areas zoned 7(a) and 7(c2) for five years from the date of gazettal of the draft Gosford LEP 2009 and there was no supporting evidence provided to justify the rezoning.

Council's director environment and planning stated in a report to the December 4 council meeting that an animal establishment was currently permitted in the 7 (c2) zone but it was exclusive of horses.

It was stated that under the draft Gosford LEP 2009, the equivalent zone to 7(c2) was E3 Environmental Management which was proposed to permit animal boarding or training establishments.

This zone would include the breeding, boarding, training, keeping or caring of animals for commercial purposed and includes any associated riding school or ancillary veterinary hospital.

The public submission also stated that there were already two horse riding schools in less than 10km and there was no need for a third and that the property in question was currently being used for agistment which was not permitted according to Council regulations.

"The result of keeping horses on a property that is unsuitable is abundantly clear to us as neighbours," the submission stated.

"The property is not 'gently sloping' as claimed but particularly steep at the rear of the property and, in this area, the constant usage of this particular paddock to keep horses has resulted in all vegetation being stripped in the area leading to soil degradation and erosion.

"When it rains there is substantial run off of soil and when it is dry the 'dust bowl' effect means our home is constantly covered in a layer of dust not to mention the constant stench of manure."

The council report stated that Council officers had, in the past, investigated whether a commercial riding school had been operating illegally on the site but had not been able to categorically prove that it had.

"Hence if there is no riding school business in operation there is nothing to police in this regard."

The submission also claimed that the state of the road was inadequate to support a commercial venture.

The council staff report stated matter such as this would be addressed at the development application stage.

Gosford Council Agenda ENV.106, 4 Dec 2012