Local Environment Plan submissions

The Wagstaffe to Killcare Community Association has made over a dozen submissions to GCC on the new draft Local Environment Plan. This has entailed many hours of work by members of the committee with the assistance of Dr Helen Monks, a local consultant on town planning issues. You can view these submissions in various forms below and also go to the GCC DLEP website to read further about the DLEP.

Association’s actual submission documents + synopsis


The following contains details of, and links to submissions made by the Association to Gosford City Council and other government bodies on issues of importance to the Association & the community.

A. Gosford Council’s Draft Local Environment Plan (DLEP) 2009

Submissions made April 2010

This plan is very important to future development in the area and your committee feverishly examined both the Draft LEP and Draft DCP (Development Control Plan) before they become cast in stone. To assist in this we engaged the professional services of Town Planner, Dr. Helen Monks, whose input we appreciate, particularly in pointing us in the right directions.

We initially drew attention to three issues – the Dog Track, Hardys Bay Marina zoning and COSS. The Hardys Bay Marine zoning then rose on the scale of importance as we found that what appeared from the Council’s mapping to be 7 metres of Recreational zoning buffer between Araluen Drive and the Marina’s adjacent boundary is in fact only about 1 metre. This elevates the importance of keeping the zonings equivalent to current (with over 30 metres of Recreational zoning at the shore end of the block) by an order of magnitude.

Other issues came to light as we proceeded resulting in submissions on a number of additional issues all of which we consider important.

Our submissions were:

1. The Dogtrack

This track is used by almost every mobile resident and visitor. When the Pretty Beach/Wagstaffe access focus switched from Araluen Drive to Heath Rd many recall a promise that when Heath Rd was completed the ‘Dogtrack’ would be made Public Reserve. Sadly this never happened and we face the prospect of the Residential zoning being further embedded. Time to rescue for Recreation! Click here for the full submission

2. Hardys Bay Marina Foreshore Zoning

As mentioned above this issue has grown significantly since first noticed. The core problem relates to the fact that current zoning (the zoning which applied when the owner attempted to obtain approval for a monolith which would have overshadowed the whole bay) applies Recreation type restrictions to about 25 metres of the block on the shore side. These brakes are removed in the proposed DLEP zoning and, as mentioned above, the little protection which appeared to remain has evaporated. Click here for the full submission

3. Gosford Council’s Special Coastal Open Spaces System Lands (COSS)

COSS is unique to Gosford and the Council are to be commended for it. The Strategy document states ‘The primary purpose of the COSS is to maintain areas of native vegetation and habitat for native animals on public land in the eastern part of the Gosford LGA.’ – most commendable, and the current 6(a) zoning (same as National Parks) reflects that. The proposed zoning (RE1 Recreational) represents a major loss of protection and as a result we are calling for either E1 Environmental (same as National Parks) or if that is not possible, a minimum of E2 Environmental. Click here for the full submission

4. Consistent Zoning for Brisbane Water foreshores from Rileys Bay thru to Wagstaffe

We have identified that for the rest of Brisbane Water (nearly 100 km) 99% of shoreline not built to the water’s edge is zone either Recreational or Environmental. In stark contrast for this area only approximatel 25% is so zoned. We have therefore requested RE1 Recreational zoning for the foreshores of Hardys Bay Drive, west side of Hardys Bay (Araluen Dr), Dogtrack, plus Pretty Beach plus Wagstaffe Square & beach and the end of Wagstaffe Ave. Click here for the full submission

5. Against Road Verge Kerbing, Guttering and Footpaths

The Association has always held strong views supporting the ‘informal’ streetscape which is enshrined in our Character Statements Click here for the full submission

6. Floor Space Ratio (FSR) in R2 Residential (virtually all Bouddi Peninsula)

In the past the FSR rule has been almost without exception 0.5:1. At first glance, if you look at Council’s FSR mapping for this area this appears to still be the case. However the DLEP in Cl. 4.4 (2) states clearly in effect ‘Max. FSR not to exceed 0.5:1) while a few lines later 4.4 (2E) says, in effect ‘Despite subclause (2) … dwelling houses and secondary dwellings in R2 are NOT subject to the maximum FSR’ !!! Click here for the full submission

7. Proposed Waterways Zoning

All Brisbane Water has been zoned W2 which permits, with consent ‘Boat sheds; Car parks; Food and drink premises; Function centres; Kiosks; Marinas; Markets; Water recreation structures’.
We believe W1 zoning which permits, without consent ‘Environmental facilities, Environmental protection works; Moorings’ and with consent ‘Aquaculture; Boat sheds; Water recreation structures’ to be more appropriate for Hardys Bay and Pretty Beach Bay. Click here for the full submission

8. Wagstaffe Square B1 Business Zone

We seek to ensure that the village character and heritage aspects are retained i.e. low scale development. This requires a multi pronged approach – i.e. Commercial lots not to be amalgamated, Character, incorporating GCC’s Minor Business Centres Policy, etc. Click here for the full submission

9. Killcare/Hardys Bay B1 Business Zone

We seek to ensure that the Killcare and Hardys Bay (comprising the three blocks which everone should now be well aware of!) Business Zones are treated as one. Plus issues similar to Wagstaffe i.e. Commercial lots not to be amalgamated, Character, incorporating GCC’s Minor Business Centres Policy, etc. Click here for the full submission

10. Secondary Dwellings in sensitive areas.

Previously there have been restrictions on the minimum block size on which ‘detached’ accommodation could be placed. This restriction is removed under new ‘Secondary Dwellings’ provisions. We seek to have a minimum block size imposed for Secondary Dwellings. Click here for the full submission

11. Minor Business Centres Policy

This is an existing policy providing for bulk, height & FSR requirements for Minor Business Centres. we believe it is good policy and rather than be discarded should be incorporated into the new LEP as a DCP. Click here for the full submission

12. Kourung Gourong Point

We endorse the DLEP’s RE1 Recreational zoning of the small strip of foreshore at Kourung Gourong Point adjacent to the National Park. Click here for the full submission

B. The NSW Government Green Paper on a NEW Planning System for NSW 2012

Submission made 14th September, 2012

The NSW Government recently released its Green Paper outlining proposals for a new planning system for NSW. This followed a review of the current system by an Independent Panel. The Association believes that there are many aspects of the plan of great concern for the environment and our community and have responded with a submission to the Green Paper.

Click here to read our Submission