Demolition allowed for Umina Mall redevelopment

Gosford Council has allowed demolition works to proceed ahead of the redevelopment of Umina Mall at the corner of Ocean Beach Rd and Lone Pine Ave.

The demolition will be able to proceed before conditions are met for the issue of a construction certificate.

The change in consent meant that work could start on the project before development consent expired on December 17 last year.

Laundy Exhibitions Pty Ltd has been granted a modification to a 2010 consent for the deferred development of the proposed Lone Pine Plaza Shopping Complex, a mixed commercial and retail development, including the site of the current Umina Mall.

Mr Arthur Laundy told Peninsula News he was well aware that the current Umina Mall shopping centre was an eyesore and needed redevelopment.

"The proposed redevelopment will transform the site into a modern and welcoming village centre that will be of great convenience to the local community and the people visiting the Umina area," he said.

"The Section 96 application was lodged with council to enable the activation of the development approval which has now been achieved."

In the letter of approval dated December 4, Gosford Council chief Mr Paul Anderson wrote: "Having regard to the provisions of Section 96 (1A) of the Environmental Planning and Assessment Act 1979, the council is of the opinion that the amended proposal is a minor modification and is substantially the same development consented to by the council."

The amendment involved changing "deferred commencement conditions" into "operational consent conditions".

As a result, Laundy Exhibitions Pty Ltd will be able to complete additional steps on the site before being issued with a construction certificate.

The proposed development takes in 11 lots in Pozieres Ave, Ocean Beach Rd Umina and Lone Pine Ave, Umina.

The developer will need to consolidate all lots, including all closed roads into a single allotment, and provide a copy of the registered plan to the council.

The conditions of consent have also been changed so that "no activity is to be carried out on site until a Construction Certificate has been issued, other than: site investigation for the preparation of the construction and/or; implementation of environmental protection measures such as erosion control etc that are required by this consent; and demolition of any existing buildings".

Under the prior conditions of consent, demolition of existing buildings was not allowed prior to a construction certificate being issued.

Mr Anderson's letter stated: "Please note that the approved amendment does not extend the term of the original consent."

A report to Mr Anderson from Gosford Council's governance and planning division said: "There are no planning issues with the proposal and approval of the application will allow council to activate the deferred commencement consent enabling the applicant to carry out demolition works and obtain physical commencement prior to expiry of the consent on December 17."

The development takes in the existing Umina Mall and other blocks currently occupied by residential dwellings.

The governance and planning report said the development would be employment-generating and would be valued at $3.2 million.

In November 2009, the original development application was refused under staff delegation.

In November 2010, as part of the Review of Determination, the matter was referred to council for determination and was again refused.

However, days later council decided to rescind its resolution of November 2 and resolved under Section 82A of the Environmental Planning and Assessment Act 1979 to support the proposal.

Councillors also delegated the general manager or his representative authority to determine the application subject to issue of a deferred commencement consent and conditions.

The applicant, Laundy Exhibitions, was informed via a notice of determination of a development application on December 17, 2010, that the application was approved subject to deferred commencement consent and conditions.

The deferred commencement consent was due to expire on December 17, 2015.

The approval of the Section 96 application which allowed demolition works to be carried out prior to the applicant obtaining a construction certificate meant that the project could be started before the consent expired.

According to the report to Mr Anderson, Gosford Council's property section advised that the laneways had been closed and negotiations were continuing regarding purchase of the closed roads to enable consolidation onto a single lot.

"If the relevant conditions relating to consolidation of the closed roads into the subject site are not met, a construction certificate cannot be issued," the report said.

Website, 19 Jan 2016

DA37199/2009, Gosford Council planning portal