Remove Identification of Properties Potentially Affected By Forecast Sea Level Rise

This Petition is from concerned Gosford residents & property owners affected by a recent Gosford Council decision. The decision has been made without consultation or planning and has the potential to destabilize communities and affect them socially, psychologically and financially.

Gosford Council determined on the 1st December 2009 information will be placed on the Section 149 Planning Certificate for properties potentially affected by forecast sea level rises. Gosford Council sent notification of this decision to 9000 property owners since May 2010.

In September 2010 the NSW State Government introduced the Coastal Erosion Protection Bill. This Bill allows Gosford City Council to place a COUNCIL TAX on properties affected by Sea Level Rise.

This will include beachfront properties, waterfront properties and any property located 1kilometre landward of tidal waters that are affected by Sea Level Rise

The message to be included on the Section 149 Planning Certificate states:

"This land has been identified as being potentially affected by sea level rise of up to 0.9m by the year 2100 as adopted by Council at its meeting held on 1st
December 2009 Min No. 2009/823. Council's adopted sea level rise planning level of 0.9m is consistent with the NSW State Government's Sea Level Rise Policy Statement. All applications to develop the land need to consider sea level rise but as council does not currently have relevant strategic plans with respect to management of sea level rise for the area, no specific sea level rise development controls apply to this land. Council is currently undertaking a program of studies that may affect future development on the land. Please refer to Council's website, www.qosford.nsw.qov.au. for more information".

This decision has been poorly conceived and does not take into account the immediate and longer term impact that this decision will have on both the residents and property owners that it affects.

The decision has been made without any true process of consultation with either the affected residents and property owners or with Gosford property owners and residents generally.

The implications of this decision are significant but the planning and thought behind the decision does not consider the full impact on those people it will affect.

Gosford Council claims in the notification that:

“This encoding is in accordance with Section 149(5) of the Environmental Planning & Assessment Act 1979. Council has a duty of care under Section 149(5) of the subject Act to encode properties with a message that will assist in advising existing and potential property owners of the conditions, such as sea level rise, that may affect the property.”

The Act states:

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 149
Planning certificates

149 Planning certificates

(5) A council may, in a planning certificate, include advice on such other relevant matters affecting the land of which it may be aware.

Under the Act Gosford Council is not required to provide this advice on Section 149(5) Planning Certificates – Gosford Council “may” provide this advice.

Planning certificates are instruments used to convey relevant information related to planning. In the message to be placed on 149 Planning Certificates it is stated that:

“All applications to develop the land need to consider sea level rise but as council does not currently have relevant strategic plans with respect to management of sea level rise for the area, no specific sea level rise development controls apply to this land.”

The message to be included on the Planning Certificate for all properties forecast to be affected does not actually provide any planning information but it does inform residents and property owners of these affected properties that Gosford Council has no strategic planning in place.

The lack of strategic planning identified by Gosford Council has the potential to destabilize communities and affect them socially, psychologically and financially.