Council considers North Pearl bridge request

Gosford Council is considering, for a second time in 12 years, a request by the developer of the North Pearl Estate, Umina, to be released from a requirement to build a road bridge extending Myola Rd into the estate.

Council has been told that the original development consent, dating back to 1984, included an extension of Myola Rd to Lace Ave, with a road bridge near the intersection with Lakeview Parade.

It has been told that the Council, in 1993, resolved to remove the obligation on the developer, Mr Bruce Kerr, to construct a road bridge for vehicular traffic movements.

Council also advised the developer at the time that the only connection to Myola Rd be a footpath-cycleway bridge constructed to RTA standards.

Council accepted an offer of a one-off payment of $100,000 from the developer, payable at the release of the linen plans, to construct a pedestrian footpath-cycleway and nearby improvements to benefit residents of North Pearl Estate and residents in Myola Rd, Lakeview Pd and Stella Rd.

The applicant, Wales and Associates lodged an application for a construction certificate for Stage 7 of the development application on July 25, 2002.

It was then brought to council's attention that no formal application for modification of consent pursuant to the then Section 102 of the Environmental Planning and Assessment Act 1979, had been submitted by the applicant.

After appeal to the Land and Environment Court, the application for the modification of consent was received on April 5 this year.

A report from a council development engineer stated that "if the condition for a bridge that caters for motor vehicles is replaced with a bridge that caters for cyclists and pedestrians only, then full width construction of Myola Rd between Lace Ave and Lakeview Pd becomes unnecessary.

"The applicant's proposal will minimise the loss of trees and riparian vegetation, particularly in the area where the creek crossing is required to be constructed.

"A shared cycleway-pedestrian bridge will result in the loss of some trees and riparian vegetation, but not to the same extent as what is currently required for the construction of a bridge that caters for motor vehicle traffic."

The requirement for a shared cycleway-pedestrian way bridge and associated shared cycleway-pedestrian way each side of the bridge would provide connectivity with the existing bicycle and pedestrian network.

The applicant commented in a report to council that "the community has been, and is now, substantially established with no identified adverse impacts for there not being a vehicular bridge constructed at Myola Rd".

"It can be expected that no adverse impacts will arise from this application as the community needs for a vehicular bridge at Myola Rd can be expected to remain unchanged. "

Council's senior development engineer stated that "the surrounding area south of the creek has been developed for around a decade and the traffic network appears to cope adequately without an additional bridge that caters for motor vehicular traffic".

The officer stated that, currently, the public crossed the creek in an informal manner, using rough tracks each side of the creek and a crude low flow crossing constructed of planks of wood, claiming it to be "a hazard, and a potential liability to council".

"This should be rectified by the construction of a shared cycleway-pedestrian way bridge."

The bridge is proposed to be a 2.5 metre wide reinforced concrete construction.

The development application was advertised to the public and received one submission.

The submission supported comments that there were enough road entries in and out of the estate, and stated that the money needed to build a bridge and landscape that was not essential could be better spent on something more essential.

The resident stated "The ducks and wild life that live and swim in the creek don't need any building site to mess it up for them.

"But if they do build it the kids on trail bikes and skateboards will love it."

Council officers have recommended the application for approval.

Council agenda ENV.7, July 5