Tony Denny’s fence at Killcare refused by council

It’s the very ordinary fence that’s divided a suburb and taken up hours of council and staff time in debates, reports and inspection. Here’s why, and what’s likely to happen next.

Millionaire Tony Denny's Colorbond fence outside his home at Killcare Heights. Picture: AAP /Sue Graham.

The beige Colorbond fence which sparked a dispute between millionaire developer Tony Denny and many residents of Killcare Heights has been refused.

The issue came back to the Central Coast Council chamber for the third time on Tuesday night, with councillors going against staff recommendations to vote against Mr Denny’s two retrospective applications for his “unauthorised fence” at the front of his property.

One was for a Building Information Certificate, and the other was to demolish a section of the fence and rebuild it with a 2m setback.

Aerial view of Killcare Heights.

At the public forum, residents spoke strongly against the fence saying it was against council’s planning controls, as well as out of character in the rural area.

Representatives of Mr Denny said the fence would be screened with landscaping and was important for security issues, with people previously stealing oranges from the property and dumping decrepit livestock.

Mayor Jane Smith moved the motion to refuse on the basis it was not compliant with the Development Control Plan (DCP) for the scenic buffer of Killcare Heights, which only provides for see-through fencing. She said the fence was not in the public interest and would set a precedent in the area.

Millionaire developer Tony Denny. Picture: Troy Snook

Councillor Bruce McLachlan questioned motives for refusal.

“He’s had a machinery shed brought before council, and now a fence,” he said.

“He’s admitted he’s made a mistake, he took contractors advice. He has since put a DA in. I don’t know anyone else that has had their front fence brought up to council. And you wonder why the minister is threatening to take our planning powers away.”

He said voting it down is likely to see Mr Denny take the issue to the Land and Environment Court with a cost to council of between $20,000 and $50,000 — all over a $4000 fence. He also suggested the refusal should result in an investigation of all Colorbond fences in Killcare.

Councillor Troy Marquart labelled the decision an “embarrassment”.

“We have staff recommendations and we do the direct opposite,” he said. “There must be frustration within staff who prepare a report and the report gets turned out.”