Council proceeds with St Huberts LEP

Gosford Council has decided at its meeting of December 14 to proceed with a local environment plan (LEP) for St Huberts Island canals.

The move has come after a history of legal complexities and resident opposition to the use of caveats.

Talks were held between representatives of the St Hubert's Island Residents Association and council staff to discuss the issue of moorings and a requirement that development applications be submitted for existing ramps, pontoons and jetties.

NSW Maritime had earlier told council that it had safety concerns with all moorings in the canals, both swing moorings and fore and aft moorings.

Consequently, the authority advised that it would not issue licences for moorings in the canals.

The St Huberts Island Association advised it had no problem with the prohibition of swing moorings but would like fore and aft moorings to be considered on their merits as provided by the existing Development Control Plan 145 (DCP 145).

The Association asked the council to keep the DCP as it was, but to include a note that advised NSW Maritime would not issue a mooring licence.

Council staff argued in a report for the December 14 council meeting that it was misleading to retain moorings in the DCP if there was no likelihood that a licence would be issued.

NSW Maritime also advised that there were other locations near St Huberts Island where mooring licences could be issued and all efforts would be made to allocate private moorings in areas close to the island.

Council staff also suggested that the DCP be submitted to parliamentary counsel "for an opinion if the plan can be made".

Council was told that, once the changes were adopted and "legally applicable", an audit of existing structures and ramps would be conducted to identify which complied with the DCP and which did not.

Owners of those complying would be asked to submit a development application, while those structures not complying would have to be removed.

The draft LEP would then be submitted to the Deparment of Natural Resources.

Council has decided to amend DCP 145 and place it on public exhibition.

The amended DCP would also be referred to NSW Maritime during the comment period.

The LEP would reclassify the St Huberts Island canals from community land to operational land, to allow the approval of existing ramps, pontoons and jetties which complied with the DCP.

Council agenda EP.68, December 14