New plans for disabled access
Owners of the Pavilion Shopping Complex have submitted plans to provide disabled access to George St, Woy Woy, after negotiations with neighbouring Deepwater Plaza made no headway.
Gosford Council has asked for engineering drawings of the plans and a commitment to an agreed time frame to provide disabled access, according to council's director of environment and planning Ms Colleen Worthy-Jennings.
Questions had been asked by both Cr Chris Holstein on July 5 and Cr Jim Macfadyen on August 2 about the provision of disabled access to the building.
Ms Worthy-Jennings report to council stated: "Council approved the development application in August 2002, where a ramp for disabled access was approved to exit at the boundary to provide access onto land which contains the Deepwater Plaza.
"The building works were overseen by a private principal certifying authority who had issued a final occupation certificate at the completion of the works."
The report stated that soon after the Pavilion Centre commenced trading, council became aware that the disabled access did not comply with Building Code of Australia requirements as no kerb ramp was provided at the boundary.
It became known to council that a dispute existed between the adjoining property owners in relation to the access point for the disabled access ramp.
Council did not report the action of the principal certifying authority to the Department of Infrastructure, Planning and Natural Resources (DIPNR) and instead sought to resolve the matter with the adjoining property-owners involved.
The report stated that, although negotiations were ongoing and there appeared to be a resolution between the parties, "the owners of the Deepwater Plaza property are now, it would seem, not prepared to agree to right of disabled access across the boundary onto their land".
Following an order under the Environmental Planning and Assessment Act 1979 requiring disabled access, the developer submitted to council an alternative plan which provides for the disabled access to exit onto the footpath fronting George St.
This will not require the agreement of any adjoining property owner.
Council agenda Q.92, Q.115, COR.32