Council permits Tesrol lane application

Gosford Council has resolved to approve the lodgement of Tesrol's development application for Ettalong Beach, which will encroach onto a council-owned laneway off Memorial Ave.

A proposed application for the site seeks to close the laneway and to redevelop land fronting Memorial Ave, Ettalong Beach, for a nine storey mixed commercial and residential development.

Because council is the owner of the laneway, it must consent to the lodgement of the development application.

If the development is approved, it would be necessary for the developer to make arrangements for council to close the road and then offer to purchase it from council.

Council's director of engineering operations Mr Stephen Glen advised that he needed to consider traffic movement before he could support the closure of the lane, thereby allowing council to give consent for the development.

A report by council officers stated that "accordingly, council should defer any consideration of the road closure until those reports are completed".

Mr Glen concurred with the recommendation on the proviso that council had the right to not proceed with the road closure.

Staff told the council, that being a public authority, it was in a different position to a private owner who could withhold consent to the lodgement of a development application.

The land and environment court had the functions and discretions of the council and may substitute its decision for that of the council.

The applicant could apply to the land and environment court for consent of the council to the lodgement of the application.

The report to council stated that "In this instance, council, by giving its consent to the lodgement of the development application, will avoid a legal challenge".

If council consents to the lodgement of the development application and has accepted the application, the decision to consent to the lodgement of the application cannot be rescinded.

The report went on to state that "approval of the lodgement of the development application will not fetter the council's discretion in determining the application".

The development, if approved, includes building under and above the existing lane, which must be closed before the development could progress.

Council has resolved that the developer acknowledge that development may only proceed if council approves closure of the lane way.

The developer must also lodge a separate application including the necessary traffic reports with respect to the closure and purchase of the laneway, and council has resolved that it cannot give its assurance that it will give its consent to the closure of the laneway.

Cr Peter Hale also asked council's acting director of engineering operations Mr Peter Hickman at council's meeting of May 24, if at the inspection of the laneway, a briefing could be held on the Ettalong Beach Foreshore Plan.

Mr Hickman said that a briefing on the foreshore plan could be held on site on June 14.

Council agenda FS.67, Q.66, May 24