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Collapse Issue 143 - 13 Jun 2006Issue 143 - 13 Jun 2006
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Decision deferred on 'home industry'

Gosford Council has deferred making a decision on an application allowing a property on Blackwall Rd, Woy Woy, to operate a wharf and jetty business as a "home industry".

A council report stated the site had allegedly been used for building wharves, but was stopped recently following complaints from neighbours.

A previous application for a shed had been recommended for refusal by council officers.

The application for a home industry stemmed from a proposed order issued by council's compliance unit seeking the alleged unauthorised business and industrial use activities on the site to stop.

The application proposed the construction of a new shed, six metres square, to be used for the home industry, in association with a wharf and jetty business owned and operated by the property owner.

The application was refused in February because approval would hinder future redevelopment of nearby residential properties and create an "undesirable precedence", undermining the planning objectives of the residential zoning.

It was also refused for not being in keeping with the character of the surrounding area.

It was also refused for not being consistent with the definition of a home industry.

The applicant submitted two letters disputing the reasons for refusal, including the proposed use of the shed and its affects on the character of the surrounding area.

The letters stated that "Mr Singleton has operated his business from the premises for in excess of eight years with no known complaints having been made".

It further stated that, in order to clarify his intentions regarding the proposed "home industry" Mr Singleton wrote to council on February 2 advising that the proposed shed would be used only for the secure storage of equipment and tools and for occasional repairs of equipment.

It also stated that the premises were not intended to be used for storage of major items of equipment nor for the construction of jetties or wharves or any other major items of construction.

"Such works are undertaken at the location of proposed wharves and jetties using materials delivered directly to the sites."

A council report stated that the proposal did not comply with the definition of a home industry and was better defined as an industrial use which was prohibited within the 2(b) Residential Zoning.

The report stated that "approval of the application would not be considered to encourage proper management of development or promote and co-ordinate the orderly and economic development of land".

It noted that the site had been cleaned up since the refusal was issued and the signage had been removed.



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