DCP goes on display again

Gosford Council has resolved to amend Development Control Plan 145 (DCP 145) for St Huberts Island, and it will now go back out on public exhibition.

The DCP deals with boating facilities in St Huberts Island canals.

The main amendment to the DCP was the removal of all reference to "moorings".

The other amendment was to the requirement for a Deed of Indemnity, in relation to the erection of pontoons on council land, to be replaced with a requirement for a positive covenant.

When council was making a draft Local Environment Plan (LEP) for St Huberts Island recently, NSW Maritime advised council that it is the licensing authority for moorings in the area and would not issue licences for any moorings in St Huberts Island canals, according to a report from council.

The report stated that this did not affect the progression of the draft LEP but did require amendments to be made to DCP 145 to reflect NSW Maritime advice.

Fifteen submissions were received and one submission included a petition containing 230 signatures.

In summary, the residents did not object to the replacement of the Deed of indemnity clause with that for a positive covenant, but did object to the "unilateral" removal of reference to moorings from the DCP.

In July, NSW Maritime advised that it "would support the establishment of a mooring area within the canals of St Huberts Island provided specific restrictions are met."

On October 27, a meeting was held with resident representatives, NSW Maritime and council officers to discuss the proposed amendments to the DCP, where residents raised no objections to the proposed changes.

In summary, several amendments were discussed at the meeting.

The amendments discussed at the meeting were that the location of moorings be around the edge of the canals so as to be generally in line with the pontoons and that the minimum length of boat to be moored in the canals was to be 5.2 metres.

Also discussed were the amendments that only owners of canal waterfront properties would be eligible to apply for moorings in the canals, that the distance between a moored boat or berthed boat/pontoon and the canal centreline was to be a minimum of five metres.

The other main issues discussed were that as pontoons were approved, moorings were to be relinquished and removed and that as the DCP required one pontoon per two properties, there should be mention that any Development Application (DA) should be a joint DA between these two owners.

The re-inclusion of moorings in the DCP as well as additional requirements pertaining to moorings and pontoons meant that the DCP was substantially different to that which was placed on exhibition last February.

Consequently, the DCP now has to be re-exhibited, according to the council report.

Council agenda ENV.12, February 7