Administrator of Central Coast Council, Mr Ian Reynolds, has decided to discontinue a planning proposal that had been under consideration by Gosford Council since 2011.
The proposal was to rezone land to allow for the expansion of an existing Academy of Yoga Science (AYS) on Mangrove Creek Rd, Mangrove Creek.
Mr Reynolds resolved to discontinue preparation of the planning proposal on the grounds that it was inconsistent with a Ministerial Direction on planning for bushfire prone land.
He adopted the recommendations in a staff report that stated that any consequential development on the site would pose a potential risk to life and property.
“The proposal has been unable to adequately address the objections and issues raised by NSW State Government agencies,” the staff report said, particularly the NSW Rural Fire Service and NSW Office of Environment and Heritage.
According to the report, “The Academy of Yoga Science operates on an isolated site in Mangrove Creek.
“In 1983, an enabling clause was inserted in an Interim Development Order (IDO 122 Gosford) to permit a recreation establishment in a conservation and scenic protection zone.”
IDO 122 defined a recreation establishment as including a health farm, religious retreat, rest home and the like.
The enabling clause made permissible, with consent, the establishment of the AYS on the two lots in question.
“Subsequent to the amendment of the IDO122 in 1983, the AYS purchased three adjoining lots not covered by the enabling clause to accommodate an expanded operation.
“This expanded business is now an accredited provider by the NSW Vocational Education and Training Accreditation Board and includes teaching of yoga, including by correspondence, site visitation / accommodation, retreats and festivals.”
In October 2011, a planning proposal was lodged to use two existing lots, and add three lots, for use as an educational establishment under the IDO 122, and in March, 2012, Gosford Council resolved to support the proposal.
That May, the NSW Department of Planning and Environment issued a gateway determination which has had three extensions, up to the last in May, 2015.
The land was zoned E2 Environmental Conservation in the Gosford Local Environmental Plan which came into effect in 2014, and so the planning proposal was amended to have the land rezoned to SP2 Educational Establishment, including accommodation and associated recreational activities.
The gateway determination required consideration of directions in relation to bushfire hazard and environmental issues, and required consultation with the NSW Rural Fire Service and Office of Environment and Heritage.
Further amendments were made, including reductions of the area to be rezoned, and retention of an E2 zone in an effort to address RFS concerns.
“Council and the applicant have explored a variety of options for the site, however the RFS cannot support the planning proposal in any form,” the report to Mr Reynolds said.
“In their review, the RFS identified that the development constitutes a Special Fire Protection Purpose development, and that support of the planning proposal cannot be provided due to the isolation of the site and the increased occupation and use of the land which is classified as bushfire prone.
“On this basis, the planning proposal cannot be progressed beyond the government agency consultation phase under Section 56 of the Environmental Planning and Assessment Act 1979.”
The report said the business will continue in its current form and scale in accordance with any development consents which have been issued.
Source:
Agenda item, Apr 26
Central Coast Council ordinary meeting