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Macleay Ave rezoning to proceed

The rezoning of recreation land in Macleay Ave, Woy Woy, to residential land will proceed, following a resolution at last week's Central Coast Council meeting.

The decision means the land at 18 Macleay Ave will be rezoned from "RE1 Public Recreation to R1 General Residential for the purpose of development for affordable housing", according to a report presented at the council meeting.

"The proposed Planning Agreement sets out that the owner (Pacific Link Housing Ltd) agrees to dedicate the eastern part of the site (remaining zoned RE1) to Council for drainage purposes and to close two adjoining unused pathways and incorporate them into the developable land."

"The land was zoned RE1 Public Recreation under Gosford Local Environmental Plan, even though the land is in private ownership."

The report does not explain how and why the land was originally zoned for recreation, nor the process by which it came into private ownership, with council staff claiming they could not determine "why this privately-owned land was zoned RE1 Public Recreation".

In rejecting objections to the rezoning, council staff stated: "The subject site is privately owned so the RE1 Public Recreation zone is unsuitable.

"It is reasonable for a private landowner to be able to develop their land."

The report stated the rezoning had "strategic merit".

It was within an established residential area with the same zoning.

It would enable the "potential provision of affordable rental housing".

The eastern part of the site was vegetated and had a watercourse which would come into public ownership

Submissions were received from 11 people, including two supporting the rezoning,

The report identified issues being the retention of land zoned for recreation, the scarcity of open space, the removal of vegetation and habitat, the reduction in the area of endangered Umina Coastal Sandplain Woodland; and the site being too far from the services and the station in Woy Woy.The report claimed significant impacts on Umina Coastal Sandplain Woodland would be avoided by dedicating the vegetated eastern part of the lot to Council, with a vegetation management plan.

"The proposal is unlikely to have any significant impacts on the local occurrence of the EEC given that the area (0.19Ha) proposed for removal/modification is located on the outer edge of the patch and is currently substantially modified."

In response to submissions, council staff stated: "The Ecological Report (Conacher Consulting February 2021) has identified that there is unlikely to be a significant impact on UCSW. Council (staff) agrees."

Council staff also claimed the proposal was consistent with the Council's Greener Places Strategy.

The staff discounted NSW Biodiversity Conservation Division concerns to protect the Umina Coastal Sandplain Woodland.

Among its comments, the Division stated: "USCW has limited geographic distribution. BCD recommends that Council includes the cumulative impacts on Umina Coastal Sandplain Woodland in its consideration of this planning proposal."

Council staff responded: "An investigation of Council's records found four other Development Applications that have non-significant impacts on UCSW.

"None of these occur in the locality of the current proposal and all were assessed under the previous legislation.

"Under the current biodiversity legislation it appears that the majority of the remaining UCSW is covered by the biodiversity values map.

"Therefore, any future impacts on these areas would trigger the biodiversity offset scheme."

The staff response also dismissed resident concern about open space: "There is sufficient open space within a 400m to accommodate the proposed theoretical reduction in RE1 land to meet future population needs.

"There are district and regional RE1 zoned parcels on the Woy Woy Peninsula within a five-minute drive by car.





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