Another attack on pedestrian amenity

In it's draft "Business use of public footpaths" policy reference 2685169, Gosford Council is actively supporting a process intended to legitimise all those illegal and non-complying uses of the road reserve by all sorts of businesses, complained about to ICAC, the Ombudsman and Statewide Mutual over several years.

Council's policies and ordnances are subordinate to the Roads Act and council may not make a policy which conflicts with the State law.

The encroachment of a "restaurant" onto the road reserve is all that is provided for under Section 125 (approval to use footway for restaurant purposes).

The wording of Section 127 (effect of approval), misquoted by council on page four of its draft policy, does not alter definitions which are specfic to the Roads Act, where "restaurant" means premises in which food is regularly supplied on sale to the public for consumption on the premises.

Section 139b, which permits "structures", is being used by Council to justify allowing other business use.

I am unaware of any ruling which supports my council in its attempt to fit available legislation by altering wording, around the aspirational desires of all sorts of business people.

Are my councillors intending to disregard shoppers, the very people who make any business community a viable proposition?

Many of these voters are wheelchair bound, visually impaired or just elderly.

The draft should not be described as the result of wide consultation, but simply another attack on pedestrian amenity, when all shoppers wish is to retain their right to move freely and with safety about the business centres.

Edward James Umina