13/02/2024
Plea to State Government to suspend Council's planning powers
Community Environment Network (CEN) has called on the NSW Government to suspend Central Coast Council's planning powers and fix the Coast’s LEP.
It wants the Planning Minister to place a moratorium on all rezonings, State Significant Developments and developments that involve conservation zones C2, C3 and C4 land until the LEP is fixed.
The LEP is the Local Environment Plan that is the rule book for development on the Coast.
CEN says the Central Coast’s LEP (CCLEP) is different from every other council’s LEP in the state – and says it’s broken, fundamentally flawed.
“It is bad news for nature, community and developers,” CEN says.
It has asked NSW Planning Minister, Paul Scully, to intervene and give the Central Coast a better plan.
It expects to hear back within the month.
Conservation zones in the LEP are supposed to give landholders and developers certainty as to what they can and cannot do with land.
“Our Council’s use of Conservation Zones is based on inaccurate mapping and inappropriate land uses,” CEN says.
It says the plan is failing to give clear boundaries and delineation of where development should or should not take place.
As examples, CEN points to development on hold at two sites:
1. St Philips’ Christian Education Foundation Limited at Charmhaven planned a $425 million State Significant Development. The proposed building footprint is located where two orchids have been recorded, one critically endangered and one threatened, but they were not considered when a zoning boundary was defined.
2. A $67.7 million expansion of the Woolworths Regional Distribution Centre at Warnervale has been put on hold because a threatened species was not included in a selection criterion in the C2 zone. The development has been refused by the Federal Minister for Environment due to the presence of a critically endangered Sun Orchid.
How did we get here?
Council, which was formed from the merger of Gosford and Wyong councils in 2016, took years to consolidate or “harmonise” the two former councils’ LEPs.
It was supposed to be a first step in creating a new Comprehensive LEP.
But it was the two former council's LEPS that were cobbled together to make the CCLEP which took effect from August 1, 2022, along with a Development Control Plan which details planning and design guidelines.
At the time, Council said the one planning framework would lead to greater efficiencies in preparing and assessing development applications - benefiting the Central Coast community, investors and Council staff.
"It’s enormously beneficial to have consistency in planning controls across the region as the smoother process for development applications and assessment encourages investment and provides a boost to local jobs, and increases quality housing and infrastructure for our growing population," Council said.
In december 2022, the Local Planning Panel recommended that Council review its planning provisions for the Woy Woy peninsula.
The panel has the job of deciding many of council's development applications, based on the LEP and the DCP and other Council planning controls.
The panel recommended the Council conduct a strategic planning review of its planning controls, development provisions and character statements for Umina, Woy Woy and Ettalong.
The review was to ensure consistency between the relevant controls applicable to each locality with a clear direction and expectation on the desired future character of the suburbs.
But in September 2023, Council confirmed at a planning panel meeting that it had not begun work on the recommended action.
Now in 2024, Council-under-administration is under fire for the extended wait times for development applications to be assessed.
Developers are using “deemed refusals” to go to the Land and Environment Court to get decisions on their DAs.
(See previous story here:
https://www.cccouncilwatch.com.au/applicants-use-court-to-get-developments-approved/
The LEP applies to about 95 percent of the Local Government Area.
The remaining land is either the Gosford City Centre, which is subject to its own controls under State Environmental Planning Policy or "Deferred Lands" which remain subject to an Interim Development Order 122 (IDO 122).
“Deferred Lands” were properties that needed their land use zones reviewed in the light of State Government guidelines on environmental zoning.
Council is still in the process of changing the zoning on the deferred lands, recently exhibiting the proposed rezonings and contacting affected homeowners.
CEN says it uncovered the flaws in Council’s interpretation and use of Conservation Zones under the LEP when researching the exhibited proposal.
The Council’s proposed changes could allow completely inappropriate land uses for land that needs environmental protection, CEN says.
For example, if pushed through, CEN believes it would completely open up areas like Matcham, Holgate, Bouddi Peninsula, Somersby, for housing with a minimum lot size of 450 square metres.
CEN wants the Deferred Lands deferred, reviewed and re-advertised.
But first it wants the public to show its support for its campaign called: The Central Coast Deserves a Better Plan.
The campaign launch will be held from 7pm on Tuesday, February 13, Ourimbah Campus of Newcastle University, Lecture Theatre 101.
- Merilyn
Gold star if you read the entire post. Sorry it was so long.
This page is run by journalist Merilyn Vale and is not associated with Council.