The quest continues for a sixth storey on a development currently being built in Church St, Terrigal.
A Modification Application with the Land and Environment Court seeks approval for alterations and additions to the shop top housing development already approved on 5-7 Church St.
The amendment to the approved plans seeks permission to allow for the construction of an additional floor (Level 6), to house a three-bedroom penthouse unit, revisions to the roof plan, enlargement of the size of the Level 5 terraces, and the reduction of the approved Level 5 boundary setbacks on all sides of the building.
After the Local Planning Panel rejected the proposal last year, the developer asked for a review of the decision.
The Local Planning Panel re-affirmed the decision to reject an amended application in May this year and the applicant has gone to the Land and Environment Court.
The proceedings are listed for a conciliation conference and hearing on July 25 at the property, a building site at the moment.
Residents who objected to the DA may have the opportunity to speak on the day at the discretion of the presiding Commissioner.
But they don’t get to hang around after speaking as the conference is limited to conciliation between the Council and the applicants.
If conciliation fails, the Commissioner will make a ruling.
Residents objected that the original development approval already was one storey above the guidelines.
The Planning Panel, in its review of its decision, said the modified development proposal was not substantially the same development as the development for which consent was originally granted.
It said “the modified development proposal results in unreasonable adverse impacts as a result of non – compliance with GLEP* and GDCP* planning controls” and that the modified development proposal was considered unsuitable for the site as a result of the non-compliance.
It said the modified development proposal had not suitably responded to the concerns raised in submissions and was not in the public interest.
“The Panel considers there is no compelling reason in the current section 8.2 review application to support approval of the modification,” the panel said.
“The proposed non compliances with the Gosford LEP 2014, SEPP65 and Gosford DCP 2013 would constitute an undesirable precedent for future development and threaten the achievement of the strategic planning objectives for the desired future character of the retail core of the Terrigal Village Centre area bounded by Kurrawyba Avenue, Church Street, Campbell Crescent and Terrigal Esplanade.”
*Gosford Local Environmental Plan
* Gosford Development Control Plan.
