SOME community concern has arisen due to a current Development Application [2 attached dwellings] lodged with Great Lakes Council for a large parcel of land at the western end of The Boulevarde, Hawks Nest (DA-388/2006 Lot 1 DP739877), which a number of residents are worried could have implications for public access to the beach west of Barnes Rocks, commercial fishing access further down the peninsula towards the river mouth, and possibly environmental impacts on what is widely recognised as an extremely sensitive area.
The period for objections was originally April 12, 2006 to May 10, 2006, but due to a documentation error and level of public concern, the submission period has now been extended for a further 28 days from May 10 2006.
Senior Development Assessment Planner for Great Lakes Council, Alan Bawden, confirmed that there were errors in the documents on public display.
"The landowners at the far end of The Boulevarde have been sent out a letter notifying them of the time extension for submissions and a new public notice has been advertised in this edition of the NOTA," said Mr Bawden.
In response to residents concerns regarding public access to the beach, Mr Bawden explained that at the present time, the subject land is a private free hold title and that the title does extend below the high water mark, so technically it is private land today.
"Essentially the free hold title to the west of Barnes Rocks does incorporate land above and below the high water mark, and the beach front in question is private land.
"As part of the application they have offered that some of the land be donated for public use, and council, in any decision, would need to consider future public access to the foreshore," he said. When queried about possible implications for commercial fishing access further down the peninsula towards the river mouth, Mr Bawden told the NOTA that the area in question is currently a Crown Land reserve and has an access trail for community use.
"This development won't affect this trail, however access to the trail via The Boulevarde would be restricted as it involves the crossing of the private land upon which the proposed development is located," he said.
As for environmental concerns, Mr Bawden explained that the applicant has submitted supporting documentation including impacts on coastal erosion processes.
"These will be assessed by various government agencies as well as council," he said.
A long-term holidaymaker to the area, who owns one of the houses on The Boulevarde, believes that the documents on display were not up to scratch and therefore severely hampered their understanding of what is being proposed.
"There is no single comprehensive description/explanation (with good drawings) of what they propose," she said.
Mr Bawden disagrees and said he thinks the documents were "fairly good".
Although most properties along the Boulevarde and Anchorage are zoned 2(a)
residential, Lot 1 is zoned 7(b) conservation.
"There is a list of development that can occur in this zone with council consent, and dwellings houses are one of them, as well as motels and tourist facilities," explained Mr Bawden.
Another resident along the Boulevarde told the NOTA he is concerned that "in design, the proposed residence will resemble a lodge/retreat/hotel type of development with a privatised beach, cutting off access to Barnes Rocks."
Mr Bawden believes the design is modern and explained that the application is for a multiple dwellings, being a main residence with a caretakers residence underneath.
The applicant has suggested that part of the land west of development site could be donated to the public. This further part of the peninsular will still be accessible via the playground/park and track past the swamp, but some residents are worried that possible future subdivision cannot be ruled out.
"The land cannot be subdivided for other housing uses in the 7(b) zoning as it has a 40 hectare minimum in this particular zone," assured Mr Bawden.
One of the aerial photos shows a proposed public beach access at the very end of The Boulevarde. It tracks along a proposed potential perimeter fence. This then runs along the outside of the dunes - along the back of the beach - around the Barnes Rocks corner and beyond.
"The fence will be a security fence - however no confirmation on its materials has been received to date," said Mr Bawden.
"The applicant has lodged an application for council's approval, but council first has to go through policy processes with the Marine Parks Authority, Department of Commerce, Department of Natural Resources and the Department of Planning, among others," he said.
Mr Bawden acknowledges that the issue of access to the beach has to be considered under State Environmental Planning Policy 71 - Coastal Protection, but said it is difficult because at the moment it is private land.
"East of Barnes Rock the foreshore is public land however on the western side the foreshore is private land. If any land below the high water mark was handed over to the public it may end up in the Port Stephens Great Lakes Marine Park," he explained.
"There are a variety of factors to weigh up and we need to look at both the community response and the policy process," concluded Mr Bawden.
The application will be presented to council for determination once all information has been received and assessed.
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