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Residents complain about Ettalong foreshore process

The Peninsula Residents' Association has lodged a complaint with Central Coast Council chief executive Mr David Farmer about the Council's handling of a development application for a five-storey two-tower development at 43-46 The Esplanade, Ettalong.

The association has complained that the Council accepted the development application for lodgement despite it being substantially incomplete.

It has also complained that the Council failed to require further information before the time taken to assess the application meant it was deemed to be refused, with a consequent appeal lodged with the Land and Environment Court.

The complaint coincides with the presentation to tomorrow night's Council planning committee of a consultant's report about the Council's development assessment process.

In the report, reviewed by the Department of Planning Housing and Infrastructure, the consultant seems to identify the acceptance of incomplete applications as a systemic problem.

"Applications should be returned if incomplete and accompanied by a description of items required for a future application."

He said: "Validation should focus on applications meeting statutory lodgement requirements."

He recommended applications be reviewed for adequacy within one to three days of submission.

Together with better information provided by the Council before lodgement, the consultant said the recommendations should result in higher-quality submissions, reduced lodgement delays and a reduced need for Requests for Further Information.

The Residents' Association said the western Sydney developer of the Ettalong proposal submitted an incomplete development application to Council, which was exhibited in November 2024 and received 40 objections from residents.

"The application was, and remains, incomplete," said association chair Mr Peter Gillis.

He said that after the time limit for "deemed refusal", the Council had requested a significant amount of information from the applicant, described by a council planner as "quite a shopping list".

"The Council's acceptance of a substantially incomplete application, followed by the significant delay in formally requesting the required materials until after key regulatory deadlines, constitutes a significant issue of procedural fairness," Mr Gillis said.

"Court proceedings and negotiations based on such an incomplete and undefined proposal is premature, and compromises the principles of transparency and public participation fundamental to the NSW planning system."

A staff report to the Council's Planning Committee, summarises the consultant's recommendations as covering eight areas.

The recommended actions in each of the area included the following:

Pre-lodgement services should be changed so that "applicants are better prepared to lodge applications that meet relevant requirements and therefore reduce future assessment times".

The Development Application Review and Triage process should be revised with a stricter "validation" approach.

The Notification and Referral Processes should be revised "to either reduce notification periods or not undertake neighbour notification for 'low risk' applications and those that are compliant with relevant policies and standards".

Assessment Practices and Teams should be restructured into geographic teams to build local expertise and stronger place-based knowledge.

Assessment Reports should be revised with "lower risk application types streamlined so that more attention and effort can be placed on resolving issues for the larger/more complex and higher risk application types".

The Request for Further Information process should be revised to, among other things, "avoid requesting information for matters that can be conditioned".

The City of Newcastle "accelerated" model should be reviewed to "develop and implement a similar model of assessments for smaller, building-compliant applicants".

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