Central Coast Council planning assessment staff have ruled out the possibility of the Lions Park reserve being used for access by the Sporties registered club at Woy Woy.
The proposal to use the Crown Land Reserve for access was part of the proposal for redevelopment of the Sporties club site.
The developer proposed that a loading dock waste collection area and internal shared road would terminate at a third roadway leading to Lions Park.
Council’s assessment report stated: “The Traffic and Parking Impact Assessment Report, prepared by Barker Ryan Stewart, dated October 2017, identifies a …delivery vehicle would be able to enter and leave the site in a forward direction via the internal road way which services the loading dock, exiting to the cul-de-sac of the rear car park.
“Waste collection will also be via the restricted access internal road way,” the report said.
“The Minister for Lands and Water, as owner of the Lot 7303 in DP 1162281, has not granted landowner’s consent for lodgement of a development application required under the Environmental Planning and Assessment Act 1979.
“Neither a licence nor easement over Crown Land in accordance with the Crown Lands Act has been sought.
“On July 1, 2018, the Crown Lands Management Act 2016 commenced which transfers management of Crown reserves to the Local Government Act 1993.
“Council cannot consent to the vehicular egress junction associated with the proposed development for a private benefit without reclassifying Lions Park to Operational Land.
“Lions Park will not be classified as Operational Land.
“Lions Park will be classified as Community Land based upon its original purpose of public recreation.
“The transitional arrangements under the Crown Land Management Act do allow for a period to develop Plans of Management or reclassification arguments for existing arrangements but not new arrangements such as is currently proposed.
“The Crown Lands Management Act will follow the process of Local Government Act in regard to the classification, categorisation and management of land.
“Utilising the adjoining Crown reserve as a vehicular egress point for the development will not ensure the land is managed in accordance with the objectives of the RE1 Public Recreation Zone contained within Gosford Local Environmental Plan 2014 and the Council’s Plan of Management for Community Parks.
“In view of the above considerations, Council cannot support the development in its current form.”
The Council report also confirmed the transfer of ownership of a block of Crown Land in 2015 to Woy Woy Holdings Pty Ltd, owners of the Sporties land.
According to the assessment report: “Number One North Burge Rd, Woy Woy Holdings Pty Ltd ACN 105 112 374.
“The land was transferred to the current owner by the State of New South Wales on June 19, 2015.
“Council has no relationship with Lot 369 DP755251.”
Central Coast Council agenda 6.2, 13 Aug 2018