Land and Environment Court reject plans for a boarding house in Ferry Rd, Ettalong
AFTER five long months of waiting for a verdict, peninsula residents are popping the champagne corks after the Land and Environment Court today rejected plans for a boarding house in Ferry Rd, Ettalong.
AFTER five long months of waiting for a verdict, peninsula residents are popping the champagne corks after the Land and Environment Court today rejected plans for a boarding house in Ferry Rd, Ettalong.
Peninsula Chamber of Commerce president Matthew Wales said he had been advised by Gosford Council of the rejection this afternoon, although he had not yet examined the full ruling.
“This is wonderful news for the local Ettalong Beach community and all those residents who fought so hard to oppose this boarding house,” Mr Wales said.
“It is also a credit to Gosford Council and its legal team who put forward a strong case backed by a very passionate local community.
“We are so glad that the council listened to the Chamber of Commerce and the local residents when we urged them to fight the boarding house in the court.
“We know this decision has come at a cost, but it was worth the fight to protect the lifestyle and amenity of the local Ettalong community.
“The Chamber have always been of the view that boarding houses are necessary but only when they are located appropriately and close to community and support services.
“The Ettalong proposal was clearly in the wrong location and the court has now agreed by refused the application.
“We sincerely hope that the applicant respects the wished of the community and puts forward a more appropriate development that reflects the needs of the local community and is sympathetic to the local residential neighbourhood.”
The proposed boarding house, which would have housed 30 rooms over three storeys with an open-air rooftop gazebo and a beachfront cafe, has been a bone of contention for more than two years, with residents first banding together to voice their objections in February, 2014.
Major objections to the development included parking concerns, lack of infrastructure to support such a building and social concerns centred around the belief of many that the boarding house would become a halfway house for former prisoners and drug and alcohol addicts.
Residents were overjoyed in May 2014 when Gosford Council refused the application, but the developer appealed the decision, leading to a protracted case in the Land and Environment Court.
Appeals from the court for mediation with the developer to come up with a more palatable solution were eventually rejected by Gosford Council following community outrage.
The court began deliberating on the proposal and hearing from the developer and residents last September, finally ruling today against the plan.
Gosford Mayor Lawrie McKinna said it had been a long and anxious wait for the community to hear the fate of the Ettalong boarding house proposal.
“It is fantastic to see that Council’s refusal of this development application almost two years ago has now been vindicated by the Court,” Cr McKinna said.
“In the end the key issue the Court had to decide was whether the proposal was compatible with the character of the local area.
“Thanks to the strong arguments put forward by Council’s planning and urban design experts, the Court decided this proposal did not fit with the area’s character.
“There’s no doubt that this is a major win for Council and local residents, especially given our ongoing concerns about the nature of the application.”
HOW IT PLAYED OUT
February 2014
Residents converge on foreshore on Sunday to protest proposed boarding house
March 2014
ADG Architects insists the development would provide quality and affordable rental housing and enhance the waterfront promenade
May 2014
Gosford Council refuses the controversial proposal
February 2015
The matter goes before the Land and Environment Court with the court suggesting Gosford Council negotiate a more palatable alternative with the developer
May 2015
Council bows to community pressure and abandons attempts to negotiate amendments
September, 2015
Land and Environment Court proceedings officially begin
February 2016
Land and Environment Court rejects proposal