Killcare Heights landowner Mr Tony Denny has court approval to build a new fence at his property at Wards Hill Rd, after he submitted an amended proposal.
Deputy mayor Cr Jane Smith said the Land and Environment Court decision on October 15 was a vindication of Central Coast Council’s and the community’s concerns about the original proposal.
“As a result of the court proceedings, the proponent needed to submit an amended development application that has led to a number of changes to the original development application, recognising the significance of the character of that area, ’’ Cr Smith said.
The court upheld the appeal brought by Mr Denny after council refused to approve a development application for a coloured steel fence on Wards Hill Rd, Killcare Heights. The court granted leave to the applicant to submit an amended proposal and plan, providing for the demolition of the existing fence and erection of a new fence. The fence as approved incorporates features which resulted in compliance with the objectives of the zone, and the Development Control Plan.
The fence will be relocated 1.5m inside the boundary, with “indents” and spaces to provide relief to the monotonous appearance of the fence and gaps beneath the fence to provide access for fauna. The fence will be painted in more neutral “mid-tone” colours. Council said the Court was satisfied that the visual impact of the fence, as agreed, was acceptable and consistent with the desired future character of the locality.
The Court was also satisfied that the proposal conformed to the Rural Fire Service’s Planning for Bushfire Protection. Mr Denny had asked council in 2018 for retrospective approval for one section of the fence that was put up without council approval and permission to extend the fence. The application went to council for the third time on January 29 this year and was rejected.
The 1.8m sheet steel fence was rejected due to it being not compatible with the desired character of the scenic buffer precinct of Killcare Heights. Other reasons included because it wasn’t in the public interest and because landscaping could not be relied on to cover the undesirable “unrelieved metal sheeting” and because the fence did not comply with the Development Control Plan for the area.
The Wagstaffe to Killcare Community Association spoke against the fence at the January council meeting, saying it didn’t comply with council rules. This week, President Mr Mike Allsop said the association was pleased to see a mediated outcome but it needed to wait to see the final plans along with the approvals process which would follow.
“The key points are demolition, redesign with faceting and transparency, repositioning and colour, ’’ he said.
“It is unclear whether the position 1.5m in from the boundary will need to meet conditions for a fence or another structure. “We would like to see a quality result emerge from this and I am sure the owner does as well, ’’ he said.
SOURCES: Media Statement, 21 October 2019 Jane Smith, Central Coast Council Media Statement, 21 October 2019 Mike Allsop, WTKCA
Image: Stella Fencing