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Cr Doyle claims vindication

Cr Craig Doyle has claimed Gosford Council's decision to refuse a development application for a new dwelling at the Ferry Master's Cottage site in Wagstaffe has been "vindicated" in the Land and Environment Court.

"Our view that this development was unsuitable for Wagstaffe has been upheld by the court," Cr Doyle said.

Cr Doyle said the owner, Mr. Michael Hall, took Gosford Council to court to appeal the refusal of the development application (DA), which prohibited the erection of his development for the site.

The DA was refused initially on a number of grounds, including the existing cottage was the subject of possible heritage listing, the impact of the development on the heritage significance of the site, and whether the development was an over development of the site, said Cr Doyle.

Subsequently, the owner had the cottage demolished, coincidently on the same day as submissions closed for heritage listing.

Council in deciding to defend its refusal had to rely upon issues other than heritage, said Cr Doyle.

"Certainly the demolition caught everyone by surprise and we were all disappointed, but the refusal wasn't all about heritage."

Commissioner JS Murrell ruled: "On the basis of my merit assessment, the application fails for the reason that the design and consequential bulk of the building is not in keeping with the character of the Wagstaffe locality and it will adversely impact on the scenic quality of the area when viewed from Brisbane Water."

Cr Doyle said he was very pleased with the courts decision and indicated that the matter did not end there.

"Council is still actively pursuing the prosecution against the alleged illegal demolition and seeking maximum penalty if found guilty.

"The issue of heritage, and the loss of heritage, on the coast are very important. Strong arm tactics will not be tolerated by our community."

Media release, January 10