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Collapse Issue 573:<br />10 Jul 2023<br />_____________Issue 573:
10 Jul 2023
Collapse  NEWS NEWS
Free shuttle ferry service starts today
No extra cleaning for Pearl Beach amenities, says Hart
Man charged after woman dies on Ocean Beach Rd
Bank celebrates 25 years of community bank model
Three Rotarians to take part in Variety Bash
Peninsula donations build house for Cambodian family
Club's oldest member attends changeover
Volunteers wanted for Wednesday morning dunecare
Woy Woy library celebrates 75 years
CWA members make bread and butter pudding
Woy Woy Rotary holds changeover dinner
Dementia cafe provides social get together
Naidoc Week event well attended
Aged care costs presented at Woy Woy library
No objection to tourist map, but . . .
Rotary club represented at district changeover
Smartphone workshops held at Patonga
Men's Shed to decide whether to relocate garden beds
Men's Shed makes hive boxes for native bees
Weekend of training for Marine Rescue
Aged care provider nominated for business award
Australian film features at Pearl Beach movie matinee
Social evening for Rotary club
Men's Shed help with Tea Cosy Expo
Local women wanted for Women's Advisory Council
Reid calls for mindful use of plastics
Strategic planning for veterans' support services
Second lowest June rainfall in 19 years
Height exception requested to fix flats' roof leaks
Three-unit proposal supported despite non-compliance
Brickwharf Rd decision shows benefits of submissions
Planning Panel calls on council to involve it in appeals
Residents encouraged to request landscape plans
Panel approves DA involving council staff member
Action on flooding? It won't happen
First residents to move into aged care extensions
Breastscreen bus leaves after another season
Aunty Di joins Hall of Fame for dedication to service
Umina health service wins Patients First Award
Accreditation review includes 'a lot of positive feedback'
Provider calls for more aged care funding
Ready to get back in the pool
Collapse  ARTS ARTS
Actors sought to fill two lead roles in October
Getting started with eBooks?
Double-header at next folk club concert
Festival seeks administrative support volunteer
Winter floristry offered at arts and crafts centre
Finished projects shown at patchwork group
Course about painting from photos
Bishop leads mass for school's 100th anniversary
Dressing up as 100-year-olds
'Game On' for Umina disco
Jack Edmunds wins Excelsior Award
College features teacher profile in social media
Mariners' vibe manager visits local schools
'Meal deal' for athletics carnival
Photography winners chosen
Students do 30 push-ups every lesson for a month
Disco to be held to raise money for 'decodable' readers
Reverse Mufti Day raises money for charity
Students invited to submit 90-second video speech
Two students spell their way to represent school
Community childcare has Teddy Bear Picnic Day
School visit mentioned in Federal parliament
Umina E-Gals win 4-0 against Kincumber
Handicap Pairs championship final played at Umina
IRB championships held at Ocean Beach
Bridge club holds annual winter teams championship
Tour de Central Coast is just over the half way mark
Terrigal women have clinical win
Four life memberships awarded by surf club
One-sided clash saw Gosford run out winners
Third loss at home for Southern-Ettalong
Terrigal wins in scrappy soccer match
Warnervale win in a one-sided match



Planning Panel calls on council to involve it in appeals

The Local Planning Panel has called on Central Coast Council include it in appeals to the Land and Environment Court against its decisions.

The item which led to the Panel's resolution was a "case law update", discussed behind closed doors at its June 22 meeting.

However, the resolution implies that the Council has not previously involved the Panel.

It also implies that the Council could proceed to conciliation in Court on development applications where council staff had previously recommended approval, without consulting the Panel.

"The Panel confirmed that it should have the opportunity to provide instructions on any appeals against Panel decisions, that Council should monitor the progress of all appeals, and that Council should come back to the Panel for further instructions if matters do not proceed as expected," the Panel resolved.

The Panel also "requested Council to ensure that each assessment report contains a conclusion which explains the rationale for Council's recommendation(s) in a manner informed by the lessons from this case".

It "requested Council to come back to the Panel with a revised template recommendation for Clause 4.6 matters".

The case involved was Denny v Optus Mobile Pty Ltd [2023] NSWLEC 27, in which the court upheld an appeal against the approval of a mobile phone tower in Wards Hill Rd, Killcare.

The Court found that the Planning Panel did not provide sufficient reasons for its decision and that it failed to consider bushfire provisions of the Act.

The court found that clause 4.6 of the Local Environment Plan "required the Panel to look at all the objectives of the height of buildings development standard and all the objectives of the E4 Environmental Living Zone in order to reach the necessary satisfaction".

"The Panel refers to relevant objectives which are not identified.

"This language does not reflect the test under clause 4.6(4)(a)(ii) suggesting the necessary satisfaction could not have been reached in compliance with clause 4.6."

In an online report about the case, Shaw Reynolds Lawyers noted: "All three respondents (the Planning Panel, Optus Mobile and Council) filed 'submitting appearances', meaning that the respondents did not actively take part in defending their position and did not put forward any submissions."

Council staff had recommended to the Panel that it "note the case law update and recommendations following the recent decision of the Land and Environment Court in Denny v Optus Mobile Pty Ltd [2023] NSWLEC 27".

The Council staff recommendations have not been disclosed.

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