Residents' group opposes home park expansion

An Empire Bay residents' group has opposed a development application for 52 new manufactured homes at Bayside Gardens Lifestyle Village at Empire Bay.

The proposal would bring the total number of sites within the park to 108 with a series of new internal roads to service the new sites.

"This DA was lodged in October 2015 and Central Coast Council has spent the past 15 months looking at legal, flooding and zoning issues and is expected to make a decision on the DA soon," said the group's spokesperson Ms Kaye Lovie.

The $1.2 million project includes adding sites and infrastructure work to the Bayside Gardens Caravan Park which fronts Wards Hill Rd and Pomona Rd.

According to the Council's Development Application Tracker, more than 50 objections have been received, which would trigger its referral to the Administrator for discussion at a Council meeting.

"Our major concerns include that the land is zoned 7c2 Scenic Protection for small rural holdings and caravan parks are not allowed," Ms Lovie said.

"The owners are claiming existing use rights to extend park but this development is a significant over intensification of the site and not in keeping with the Environmental Planning Act," she said.

"The caravan park was originally approved for casual, short-term use only, not permanent long-term use.

"In 2006, approval for 26 long term sites was granted but no formal DA approval for the remaining 42 sites appears to exist for the long term tenants.

"Local Government regulations state no caravan parks are to be built on flood prone land.

"A 250 metre levee wall of concrete and earth goes down the eastern boundary to protect the park from flooding.

"The park is also dissected by a drain which floods.

"It is proposed the new 48 homes will drain into this system affecting neighbours and current park residents.

"The land is in an identified bush fire prone area but the developer's expert states the maps are wrong.

"The owners of the park have been clearing the land over the past year with no formal consent.

"No DA approval appears to exist for a storage facility nor do park residents have access rights to Pomona Rd.

"Local residents have complained to council for years but little to no action has been taken.

"The DA is likely to propose the new homes be raised due to flood issues and that will mean they will overlook adjoining neighbours.

"Surrounding acreages have one home but the caravan park on the eastern side would then have 22 homes.

"The caravan park originally was six lots of land joined, once approved two lots, today it is one L-shaped lot.

"This allows any development or rezoning of land to greatly affect neighbours.

"This development is not in keeping with the rural environmentally sensitive surrounds.

"It makes no consideration to the character of the area and Bouddi National Park.

"Local residents held meetings, paid for a town planner to challenge the application, but when the amalgamation of Gosford and Wyong Councils took place things changed.

"Central Coast Council no longer responds to emails, has not contacted the 42 people who submitted objections nor have they held any onsite meetings.

"The developer pays a fee to Council and they work together to gain approval.

"Residents, the people whose lives will be affected by Council's decision, are not properly being considered, nor advised by the Administrator.

"Residents elected councillors to represent them in Council and to vote on DA approvals but under the present system those rights have been removed.

"Councils are expected to protect the rights of residents not work against them.

"Council has been constantly concerned about where it stands legally in this application, what they can and cannot make recommendations upon.

"Residents purchased in Pomona Rd and surrounds with the knowledge from Gosford Council that the caravan park could not be extended under the current zoning.

"Caravan park residents are purchasing manufactured homes for permanent tenancy unaware they are in a flood area and that their new home is not built to flood standards."

At the time the application was lodged the site was serviced by a pump out septic tank system but has since been connected to the recently-installed reticulated sewer system that now services Empire Bay properties.

The applicant has argued that State Environmental Planning Policy 21 applies to the subject land which allows for its use for short-term or long-term residents or both.

The applicant, in a Statement of Environmental Effects submitted with the application acknowledged that, according to the State Policy, Council must determine the number of sites that are suitable for long-term residence or short-term residence.

The Residents' Group has asked the Council to update its website listing of application, as the most recent entry was published on October 28 at the completion of its referral to Central Coast Council's engineering section.

Media release, 17 Nov 2017

Kaye Lovie, Empire Bay Residents' Group

Website, 1 Mar 2017

Central Coast Council Gosford DA Tracker, DA48304/2015