Deed of agreement is released

Under Freedom of Information legislation requirements, Gosford Council has now released the Deed of Agreement made between Council and the Ettalong Beach War Memorial Club, regarding foreshore works in front of the Club.

This raises several interesting issues.

First, Council refused to provide a copy of this Deed to community members. This meant a community member was forced to pay the $60 fee to get the information under Freedom of Information legislation.

The second issue highlights Council's refusal to freely provide this information. Clause 2.5 of the Deed requires community consultation: "All works are to be designed in consultation with the Owner and the local community and to the satisfaction of and the consent of the Council."

It is clear that the Council has breached this Deed by continuing to exclude community members from consultation, including refusing to freely provide information about this Deed to them.

Third, the Deed in Clause 2.3.3 says "The works shall include creation of viewing areas at intermittent locations on the dune area with platforms, seating and appropriate fencing."

Building any structures on the dunes requires destruction of dunes and dune vegetation, and so would destroy the barrier of protection provided by the dunes. There is clear evidence a few hundred metres from the Club of the erosion that occurs once dunes and dune vegetation are destroyed. So this clause goes against the best interests of Peninsula residents.

Fourth, the Deed in Clause 2.6 says that "The said works are to be commenced by Council or its agent within five years of the making of the Local Environmental Plan" (LEP).

The LEP was gazetted on 11th February 1999. It is now over six years since this gazettal and works have not been commenced.

It appears, then, that on at least two counts Gosford Council is in breach of this Deed of Agreement. Further, the clause requiring destruction of dunes and dune vegetation is not in the best interests of Peninsula residents.

On these three counts the Deed of Agreement should be scrapped. The Club should be required to pay the $300,000 into Council's Section 94 Contributions Fund. This should have happened in the first place, instead of Council making a special deal with the Club.

Shirley Hotchkiss, Umina