The Local Planning Panel has reaffirmed a previous decision it made to refuse a sixth storey to a building currently being built at 5-7 Church St, Terrigal.
In an unanimous decision, the panel said it considered there was no compelling reason to support approval of the proposed modification.
It said the proposed non compliances with the Gosford Local Environment Plan and Development Control Plan would constitute an undesirable precedent.
The panel said it would “threaten the achievement of the strategic planning objectives for the desired future character of the retail core of the Terrigal Village Centre”.
That village area is bounded by Kurrawyba Avenue, Church Street, Campbell Crescent and Terrigal Esplanade.
The panel said the modified development proposal had not suitably responded to the concerns raised in public submissions and was not in the public interest.
The panel did not agree that the modified development proposal was substantially the same development as the development for which consent was originally granted.
The developer was originally granted approval for a five-storey commercial and shop-top housing development but, after construction had started, requested permission to add a sixth storey.
The panel met last Thursday and heard from three speakers in a public setting before allowing a speaker for the applicant to address in private the Panel members and Council assessment staff on legal matters.
“This was strictly to address confidential material relating to legal advice from the applicant only, all other aspects of the application were addressed in the time allowed to the applicant, in the course of the public meeting,” the minutes state.
The Department of Planning and Environment Planning Panel reforms allow, at the chair’s discretion, applicants to attend a briefing, along with council staff, to explain complex matters or present confidential or commercially sensitive material.