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Panel rejects seawall for three Wamberal Beach blocks

September 12, 2025 by Merilyn Vale Leave a Comment

A plan for the construction of coastal protection works and stairs on private property at Wamberal Beach has been rejected by the Hunter Central Coast Planning Panel.

It’s not one of the Wamberal Protection Association’s three seawall proposals to cover the whole Wamberal embayment but a smaller application to cover 85, 87 and 89 Ocean View Drive at Wamberal.

It has been rejected by a vote of four to one.
The panel includes two councllors; Rachel Stanton and Doug Eaton.
Cr Doug Eaton voted against the majority decision.
“

Cr Eaton considered that the application should be deferred to provide the applicant with a further opportunity to provide the information to address the legislative requirements,” the panel said in its Determination Statement of Reasons.

“Councillor Eaton considers that the existing emergency works on the beach in front of the properties and the certainty of future emergency works creates a worse outcome in terms of Sections a) and b) of the Act compared to the works the subject of the application. 

“This could be satisfied, however, the application was missing a maintenance plan and so could not yet be supported. 

“Councillor Stanton, while supportive of the need for coastal protection works and the protection of property, considers this particular application should be refused.” the Determination Statement said.

“Councillor Stanton agrees with the reasons attached at Schedule 2 and specifically considers the deficiencies and gaps in the information provided in order to properly assess the application in accordance with the Coastal Management Act 2016, SEPP (Resilience and Hazards) 2021 and State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, and the specifications of the proposed pool being the exact same pool previously refused with no attempt to rectify any concerns, are hurdles that cannot be overcome in this particular application.”

 
The application went before the Regional Planning Panel as it involves coastal protection works in the coastal zone, in a location where no certified Coastal Management Program applies (CMP).
(Council is still progressing its CMP.)
“Given the nature of the works and the sensitive location, the Council arranged for the proposal to be peer reviewed by an independent coastal engineer,” the Statement of Reasons for the Determination stated.
It said the peer review identified a number of inadequacies in the information provided that were required to properly assess the proposal and that the applicant was given a number of opportunities but they indicated that they would not be providing additional information.
“Because of the insufficient information, the provisions of the Coastal Management Act 2016 and SEPP (Resilience and Hazards) 2021 cannot be satisfied and the application can only be refused,” the determination stated.
“In this case, the Panel cannot be satisfied, as there is inadequate
information to understand the potential impact of end effects, what beach restoration works are required, and how these will be managed and funded.
“The lack of detailed geotechnical information means that the impacts of structures, and the effectiveness of any proposed mitigation measures, cannot be properly assessed.
“Construction management and encroachments into public land to support the work cannot be properly assessed.”
The panel said it acknowleged the need for an integrated approach to coastal protection works in the area.
“A piecemeal approach to coastal protection works in this case has raised unresolvable issues,” the Determination stated.
“While the character of the beach and dune at this point is varied, the insertion of a vertical wall in this location in the absence of an overall comprehensive plan results in unreasonable visual impacts to the broader character of the area.”
The panel said it had considered the specific merits of this application.
“Any decision in this matter is based on the particular facts and circumstances of this application and is not indicative of future decisions in cases that present different factual circumstances and information,” the panel said.
“This decision does not prejudice the consideration of new, existing or different applications,” the panel said.
 
 

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