Port Stephens councillors have cleared the way for high rise buildings in Nelson Bay CBD by approving amendments to the Local Environmental Plan (LEP) at Tuesday night's council meeting.
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As part of plans to revitalise the town centre, the council had earlier set out amendments to its Development Control Plan and LEP allowing for an increase in height limits to allow up to 12-storey buildings.
A council spokesperson said that it was important for the community to be aware that this change to the LEP has in fact applied height controls on some land lots in Nelson Bay that, until now, have had none. "Without these controls these eight lots had the potential to be developed to greater than 12 storeys."
The vote finished five to three, with two east ward councillors, John Nell and Jaimie Abbott, being supported by west ward's Giacomo Arnott in siding with the majority of submissions opposing high rise development in the town centre.
In fact, of the 136 submissions lodged with the council, 113 objected to the proposed provisions and 19 objected to some and supported other provisions.
All councillors agreed there were many positive initiatives in the document which would attempt to revitalise Nelson Bay, however the overriding issue of building heights had been a significant sticking point.
Cr Nell said that he had consistently opposed an increase in building heights in Nelson Bay.
"It will never be another another Gold Coast, but the idea of high rise is at the forefront of people's minds and the community don't want it," he said.
Cr Abbott said the new heights would have a devastating impact on the investment and quality of life of existing residents.
"An increase in building heights would irreversibly change the character of Nelson Bay," she said.
Cr Arnott questioned the use of community consultation in council decisions.
"From the public consultation, 97 per cent were opposed to an increase in building heights... it's not good enough for council to consult with community then forge ahead against their will and against their wishes. It is inappropriate to consult with community then ignore it, throw it out the window," he said.
"We have 10 decision-makers in this room, three of them live on the peninsula, and one owns an investment property there, and it's important that they all listen to their friends, neighbours, colleagues, and community. It's not my community, but I hear their concerns."
In support of the plans, the remaining east ward councillor, Glenn Dunkley, said that high rise would provide developers, whether they be commercial or residential - an option.
He said people he had consulted were not afraid of eight or 12-storey high developments.
The remaining councillors said they would support the proposal for the long-term future and revitalisation of Nelson Bay when nothing in the past had worked.
A longtime critic of high rise in Nelson Bay has been the Tomaree Residents & Ratepayers Association (TRRA).
"We have been arguing since 2012 that sanctioning high rise development is not a magic bullet to revitalise the Nelson Bay town centre," media officer Geoff Washington said.
"The proposal claims there is commitment to maintain the character of Nelson Bay and asserts that the changes represent an agreed community vision. In fact, council has consistently ignored and under-reported community opposition to tall buildings.
"This opposition is rooted in a fear that the character of our town centre would be destroyed."
Mr Washington said that the council, during the past four years, had approved apartment buildings of eight and nine storeys, more than twice as high as the current limits, using a variation clause.
"The promised investment has not materialised apart from the presence of one unused yellow crane," he said.
"Meanwhile, other coastal tourist towns have attracted significant residential development with height limits of no more than four storeys. In contrast, single storey houses in 'lifestyle' developments and duplexes and townhouses are being snapped up."
He said that TRRA had welcomed the council's acknowledgement of the importance of maintaining the character of Nelson Bay, but this must include a sparing use of the variation clause.
"We supported the compromise of retaining a five-storey limit in the heart of the CBD. Taller buildings will affect nearly all views of the town from various points in the vicinity, including vantage points from kilometres away and of course, from offshore in the bay."