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21 Aug 2023
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Amendment sought after approval ignores submission

A developer has had to submit an application to amend a development approval after it was found a "right of carriageway" it relied on was "no longer available".

Central Coast Council issued approval for a child care centre to be established in the old Woy Woy Leagues Club building at 82-90 Blackwall Rd, Woy Woy, despite a submission questioning the existence of the easement.

The submission stated that, with the subdivision of the building from its adjacent carpark, approved in July last year, a right of carriageway to Victoria Rd no longer extended to the old Leagues Club building.

The application "to change the use of the existing building from a registered club into a centre-based child care facility and office premises" was lodged on October 6.

The proposal mainly comprised offices, with office space of the former club proposed to be identified as "office premises" and a "child care facility" with a total capacity of 125 children to be provided on the first floor of the building.

The changes to the building itself mainly involved removing areas of roof to allow for outdoor play areas on the first floor.

The toilet areas on the first floor were to be retained as was the existing ground floor layout.

The approval on May 2 this year partly relied on vehicular access from Victoria Rd via a right of way across the "car parking lot" of the former Leagues Club.

The "modification letter", submitted by Resolve Urban Planning, states that: "Since the granting of consent for the child care centre it has been determined that this access is no longer available.

"The approved plans have been modified to remove all access from Victoria Rd.

"This requires no significant change to the built form and parking layout of the centre, given all passenger vehicle movements into and out of the site have always been able to be undertaken directly from Blackwall Rd."

A traffic impact assessment, prepared by SECA Solution, submitted with the application concludes: "The traffic movements generated by the development will be relatively low and have a minor and acceptable impact upon the local road network.

"Existing traffic flows within the general locality of the subject site are relatively low and the road network operates well.

"The local intersections operate very well with acceptable delays and queues."

This Section 4.55 modification request is currently on public exhibition and available for written submissions.

The closing date for submissions is not published on the council website.





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