To acknowledge International Women's Day, Pretty Beach Public School P&C is screening 'The Garden at the End of the World', a documentary by award winning film maker Gary Caganoff.

After almost a decade of much hyped international aid and reconstruction effort, and the homecoming of millions of refugees, Afghanistan is still experiencing widespread hunger, homelessness and lawlessness. Gary Caganoff follows veteran aid worker and permaculturist Rosemary Morrow into the very heart of Afghan suffering to document stories of survival directly from the women and children who are hurting the most.

For more than thirty years Rosemary has been working with war-torn communities in SE Asia, Africa and Eastern Europe. She was invited to go to Afghanistan by Afghan/Australian Mahboba Rawi to help build the capacity of the organisation in Kabul and to simultaneously carry out a feasibility study for permaculture.

With so much suffering perpetuated for so long, all that Afghanistan clings to now is hope. Fed by hope, both Rosemary's work and that of Mahboba's Promise, is to assist the Afghan people in planting the seeds of peace in the garden at the end of the world.

PLEASE NOTE

It will be a very special night because Mahboba Rawi, Rosemary Morrow and Gary Caganoff will be attending and speaking on the night. All proceeds raised on the night will be going to Mahboba's Promise to support the widows and orphans of Afghanistan. Please also note that this film is not suitable for children.

The Hardys Bay Residents Group has been advised by Gosford Council that the developer of the property at 58, 60 and 62 Araluen Drive (DA 35452) has lodged an application to the Land and Environment Court seeking a review of the Council’s decision to disallow that development at Hardys Bay.

See more details..click here

The building was planned to replace the Fish & Chip shop, the Yum Yum Eatery building and the residential building to the west.   Four new commercial properties were proposed and nine terraced apartments were to step up the slope behind the retail premises. Underground parking for 34 cars was to be provided.

After the council received over 600 objections to the initial proposal, the developer  made a number of amendments to the plan. This time the council received over 700 objections.  Clearly the minor changes made by the developers were not enough to convince locals that the size and style of the development suited the bay.   Council rejected the amended proposal under delegation.

A large, seven level building covering three blocks of land and requiring the removal of over 100 large trees is considered out of context with the character of Hardys Bay and not in keeping with the minimalist approach to foreshore development that has been advocated by local groups.

Applications to the Land and Environment Court are considered on the merits of the case with a binding decision ultimately made which confirms, varies or replaces the decision already made by Council.   Generally the matter is determined by the Court and is not sent back to Council (unless there are extenuating circumstances like the plans being substantially changed).

The Hardys Bay Residents Group recently met with Gosford law firm of PJ Donnellan & Co who have been appointed by the Gosford Council to to defend the application by the developer to the Land and Environment Court for a review of Councils decision to disallow DA 3500 452/2008.

Donnellans have also engaged both a senior & junior counsel. Together with Donnellans, this represent a formidable specialist legal team on behalf of Gosford Council.

In addition to this strong legal, team Gosford Council has also instructed Donnellans to engage at least 3 "expert witnesses" namely:

• An expert witness in urban planning who is pre-eminent in his field and is understood to be responsible for drafting the Urban Planning Character Statement for the City.   He has already provided detailed input into the Facts and Contentions necessary for these proceedings.
• An expert witness in town planning who will look closely at the numbers to ascertain if there is compliance with the relevant regulatory norms; for example the authorised floor space ratio.
• An expert witness to address ecological issues including the vegetation issues. There is a serious concern that the residual trees (after the completion of the development) including those newly planted will not survive.

It may also be necessary to appoint a civil engineer as an expert witness. This particular development would entail not inconsiderable excavation. A number of things flow from this, for example: interference with the slope; what's going to happen to the fill?; traffic issues to remove fill.

In summary, the main problem associated with this particular development is that it is out of character. That is, it is "too big".

The likely timing for this hearing is February 2010. An amended Statement of Facts and Contentions is being developed for lodgment with the Court by early November.

Recent amendments by the applicant to the plans before the court are trivial and do not go to the essence of councils objection. That is the amendments include things like: one new garden area around the swimming pool; colours made lighter; roof line variation; plant tree in middle of building; remove 2 deep soil courtyards; variation of location of side gardens.

Is understood that the Developer has briefed David Staunton of counsel to assist it in these proceedings.

Finally, but most importantly, it appears that the original information provided by the Developer to many residents was false and/or misleading in that it specified that an intended use of one of the commercial outlets was as a doctor's surgery. We are advised that this is not a permitted use. The Developer and/or its advisers were either aware or should have been aware of this when they so advised the residents in writing. This issue is not a part of the proceedings before the Court. It does however raise doubts about credibility. >

In summary, the key points to defend GCC decision are:

• DCP 159 Character Statement and Sepp65 Design Quality, both of which have various clauses in respect of character to the bay.
• GPSO 10, 3a that the “residential flat building” is primary to the development not ancillary.
• Sepp71, Coastal protection, which again goes to scenic impact and bulk & scale intrusion on the coastline.

Mr. Patrick Donnellan and Ms Pauline Wright, of P.J. Donnellan and Co., Solicitors, have accepted an invitation to address the community at the next meeting of the Hardys Bay Residents Group on Tuesday 27th October.  They will provide us with an update on the contentious Killcare development proposal, DA35452/2008.

Gosford Council has advised that it recently met with the Department of Lands and agreed that that the renewal of the Hardys Bay Foreshore should be separated into two parts as it moves forward.

The proposed works that form part of of the recent public consultation process are to be undertaken as follows:

• Civil works involving drainage improvementworks and the upgrading of the Heath Rd/Araluen Drive and Araluen Drive/Killcare Rd intersections with parking improvements to be developed by the Council's Engineering Services Section.
  
  
• Foreshore improvements to be undertaken by Council's Open space and Leisure Services Section.

The mosquito issue continues to undergo public scrutiny, with the saltmarsh species, which is known to cause diseases such as Ross River fever and the Barmah Forest virus, generally acknowledged by experts as the major health concern.

Operating from breeding grounds in the Empire Bay swamplands and several other local areas, the potentially serious consequences of the saltmarsh menace have long been recognised by the authorities and constant steps have been taken to fully acquaint the public of the extent of the dangers it presents.

In response to a request by the Hardys Bay Residents Group, a wide-ranging field study has recently been established under the supervision of the highly-respected Dr.Vaughan Monamy, who has commissioned Leroy Gonsalves, a Phd candidate at the School of Arts and Sciences at ACU National, in North Sydney, to provide the group with a summary of the research he has subsequently been conducting.

The comprehensive investigation currently being undertaken by Mr. Gonsalves has, reportedly, already revealed a broad range of significant findings at this early stage and the HBRG will continue to monitor this particular issue of public interest and advise accordingly.

At council's weekly meeting on Tuesday, July 7th, the decision to take positive action was carried by the narrowest of margins with five councillors voting for the motion and four against. Those who supported the move were Jim Macfadyen, Laurie Maher, Peter Freewater, Vicki Scott and Terri Latella, whilst Chris Holstein, Craig Doyle, Amy Houston and Chris Burke voted against it. Jeff Strickson was absent.

The decision to dredge means that council will match the figure of $250,000 which has already been pledged for the project by the State Government.

Beneficiaries of the culmination of the long-standing dispute will include boaters, marine rescue groups and members of the public, including many school pupils, who regularly commute on the vital ferry services in which an unobstructed entrance to the Brisbane Water is vital for safety purposes.

When concerns over a buildup of siltation initially surfaced more than 12 months ago, Palm Beach Ferry Service manager, Matthew Lloyd, warned at the time that unless dredging was carried out before the peak boating season, services could be severely disrupted if ferry masters considered the heavily-silted channel to be dangerous.

At the July, 2008, meeting of the Brisbane Water Users Group, worries over the narrowing channel conditions of the southern end of Lobster Beach emerged.

"At present, it is extremely difficult for keel boats to use this channel other than at high tide," explained Hardys Bay Residents Group president, Adrian Williams, who attended the meeting.

His HBRG colleague, Bill Egan, who, like Mr. Williams, is an experience yachtsman, endorsed the assertion and confirmed the growing feeling that, should the dredging issue be allowed to stagnate in its present form, it would result in a non-navigable waterway with many vessels loath to enter Brisbane Water due to the channel's width, depth and movement of sand.

The Hardys Bay Residents Group has welcomed a generous Federal Government grant of $13,075 for a Stage 3 operation involving further removal of abandoned oyster leases in the bay.   The grant has been provided as part of a Community Coastcare program, a government initiative conducted under the jurisdiction of the Minister for the Environment.

PROJECT'S BACKGROUND AND OBJECTIVES :

The Hardys Bay Residents Group, in its Phase 1 undertaking, removed, by hand, over 35 tons of terra cotta roofing tiles,, concrete slabs and rocks from surrendered oyster leases along the bay precincts of Hardys Bay Parade, Killcare. This work was performed by local residents over a 4-month period following approval granted by the Department of Primary Industries (Fisheries), Gosford City Council's conservation and roadworks engineers.   This was recognised as an enormous task to be undertaken by the community.

BEFORE

DURING

AFTER

All material was removed by hand at low tide and loaded into a barge which was floated ashore at the high tide. This was used as backfill for Stage 2 roadworks along Hardys Bay Parade by Gosford City Council, with the remainder transported to an appropriate dump site. Access was via areas clear of pneumatophores and placement of rocks on the roadside reserve was not in those areas colonised by mangroves.   As a consequence, environmental benefits will be achieved by removal of the debris which will enable Posidonia and Zostera seagrass beds to regenerate and provide protective habitats for small marine life.    Additionally, an improved tidal flow will be achieved.

In the case of Phase 2, approval was sought from the Department of Primary Industries, Gosford City Council, Lands Department and Catchment Management Authority. As a result of the Environmental Trust grant, the HBRG has been able to complete Stage 2 of the Restoration and Rehabilitation program, manhandling over 400 tons of debris.

The key objectives were :

1. To restore the foreshore area of Hardys Bay Parade, Killcare, to its natural state.
2. To create an area for seagrasses to regenerate and provide habitat for sea life.
3. To prevent further siltation and environmental damage.
4. To enhance the quality of the foreshore.
5. To improve safety for the community and recreational craft.

ENVIRONMENTAL OUTCOMES ACHIEVED

Phase 1, and now Stage 2, have shown that upon completion of the cleanups, significant benefits from the foreshore rehabilitation have been realised.

With Phase 2 embracing a larger area, the impact has been quite amazing over a relatively short period. The debris removed has significantly increased water-flow, allowing the eroded areas of sand to build up once again along the foreshore. This area was heavily silted and very little bird life was present. We are now witnessing the return, in large numbers, of sea birds, soldier crabs, small fish and stingrays.   Substantial long-term benefits will be derived from natural regeneration of seagrasses and the eco system.

A safe navigable area is now available for recreational boating, fishing and swimming. Previously, in this area, the mud and siltation along the foreshore was calf-deep. It is gradually returning to its natural state with the resultant build-up of sand from the improved tidal flow. Children are once again able to swim and play along the foreshore.

Brisbane Water and many NSW rivers have been abandoned by oyster farmers with the unfortunate consequence of a trail of debris being left in their path along the foreshores. to have a community that has rallied to restore the natural beauty with a " hands on " approach in order to achieve a fantastic outcome for generations to come. The Environmental Trust and Community Coastcare grants have enabled us to carry out this work in a safe and environmentally-conscious manner.

It has been a prolonged 7-year campaign during which he has been constantly taunted by raised hopes then abruptly crushed by bureaucratic frustrations, but Graeme Smith firmly believes the problems are rapidly diminishing and a more positive future lies ahead for the sedimentation issue in the Brisbane Water estuary.

Graeme, a recent appointee to Gosford Council's Coastal and Estuary Management Committee, and a Hardys Bay Residents Group member, is a well-known identity through his ongoing crusades. His observations and genuine pleas for serious attention to be directed towards estuary matters are widely respected in the communities. There can be no doubting his sincerity.und optimism is the revelation that the long-awaited Brisbane Water Estuary Study has been finally completed (its original settling date was December 2006 ) and requires only Council adoption before public release. Hopefully, this optimism will prove to be justified.

According to Graeme, this Study is very comprehensive and, combined with the existing Data Compilation Study, provides an unprecedented information data base to draw on for the formulation of a revised plan of management for the estuary.

"The Processes Study identifies and examines the worst-effected zones for siltation buildup and Hardys Bay is one of these locations", explains Graeme.

"Sediment deposition rates are alarmingly high in some locations within this zone. For example, the delta at the mouth of Mudflat Creek is accumulating sediment, mostly sand, at the rate of 20 to 30 mm in wet years and down to 6 mm in the drier seasons. These figures were derived using advanced computer modelling techniques that have beën calibrated against known data.

"It's an acknowledged fact that we have a major problem, as parts of our beautiful estuary are filling in, there's no question about it. The average estimated sedimentation rate flowing into the estuary is 5.7 million Kg's, or 5,700 tonnes, each year. If we can get this message through, we'll finally get some official action.

"It is the responsibility of the members of Gosford Council's Coastal and Estuary Management Committee to ensure the consultants formulating the revised Brisbane Water Plan of Management get it right so sediment removal and rehabilitation of sediment-effected parts of the estuary becomes a major management objective."

To access more information and maps from the council's website.. Click here
To view Graeme Smith's recent presentation on sedimentation build up in Hardys Bay... Click here Then click to change slides

 MARINA PROJECT "NOT PERMISSIBLE"

Following discussions with the NSW Department of Planning, we have been advised that they cannot support an application by the Killcare Marina to have its proposed development assessed under Part 3A of the Environmental and Planning Act.

According to the department, a marina and the other proposed uses are not permissible because the majority of the proposed site is zoned 6(a) Open Space (Recreation).

Legal advice indicates that the marina owners would not be able to rely on either the heritage conservation incentives in the Gosford Planning Scheme, or on 'continuing use rights', if applicable, as mechanisms to enable permissibility.

Although the proposal could be reformulated to exclude the 6(a) zoned land, it is doubtful that this could be achieved given that access to the site inherently will require use of land zoned 6(a).

The department also raised concerns with the size and scale of the current proposal in the Hardys Bay context.

The Hardys Bay Residents Group committee would like to thank all those members and friends who wrote letters of concern and other local community groups for their support.

OUR FORESHORE ... SAFETY FIRST

Safety, open space, a minimalist approach, maintaining the ambience of our bay, and, above all, common sense.

These were the conclusions which were emphatically drawn when a Gosford Council-convened meeting was held at the Hardys Bay Community Church Hall, to assess the merits of an issue which has created an unprecedented wave of community debate.

The draft plan submitted by council officers, Peter Dunn, Sharen Ryan, Brett Eddy and Kim Radford, included a range of options which addressed all safety concerns previously raised by the Hardys Bay Residents Group in July, 2006.

These covered remedial " fixes " embracing the installation of crossings at Killcare Road, a bus stop, well-defined edges, road-widening for clearly-identified parallel parking ( which would, in contrast to angle parking, maximise the foreshore's green, open space and promote safety ), turning areas to the east and west of shops capable of safely handling future traffic flows, and the enforcement of speed restrictions.

The Hardys Bay Residents Group's president, Adrian Williams, and his colleague, Bill Egan, the vice president, agreed it was clearly apparent the foreshore topic had created huge interest in the community. Safety concerns and pleas for the retention of the area's unspoilt charms were features commonly proposed by those in attendance at the packed meeting.

At a meeting in late 2006, it was mutually agreed by all parties concerned that a "minimalist " approach should be sensibly applied in developing the foreshore. This was strongly endorsed by the HBRG when focusing on the importance of maintaining as much open space as possible, restricting the heights of trees to preserve residents' views, minimising signage, ensuring an absence of wide, concrete paths, and being mindful of the needless provision for a third playground, since the local area already provides two safe amenities, one near Stanley Street, east of the Killcare shops, and the other at Turo Park, Pretty Beach.

Read the submission to council by the Hardys Bay Residents Group......Click Here

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THE DINING DELIGHTS OF OUR COMMUNITY