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1. I have had a look at the Development Application for 1 Agate Ave which also includes 3 Agate Ave. The plan is to build one dwelling across 2 blocks of land. If this building were to go ahead they will be in breach of the Pearl Beach Draft Local Strategic Planning Statement put together by Pearl Beach Progress Association.

   Some of my concerns are
   In the document - Statement of Environmental Effects
   Clause 4.6 Exceptions to development standards Variation to the Height of Buildings provisions of the DLEP 2014 is requested under Clause 4.6. In this instance a maximum building height 9.917m is proposed requiring a variation to the 8.5m maximum height control.

   However, in the Building Plan under SITE CALCULATIONS it states
   BUILDING HEIGHT: Max allowed 8.5m Proposed 10.3m

   The State Environmental Planning Policy 44 Koala Habitat Protection was introduced on 1 March 2020
   Koala Feed Trees have been increased from 10 to 123 species in NSW.
   Core koala habitat to be rezoned as E2: Environmental Conservation.
   Core koala habitat means
   (a) an area of land where koalas are present, or
   (b) an area of land
   (i) which has been assessed by a suitably qualified and experienced person in accordance with the Guideline as being highly suitable koala habitat, and
   (ii) where koalas have been recorded as being present in the previous 19 years.
   Core koala habitat will be rezoned as E2: Environmental Conservation
   The aim of the policy is to protect Potential Koala Habitat

   Pearl Beach is Koala Core Habitat
   NSW Koala Habitat Information Base
   https://datasets.seed.nsw.gov.au/dataset/koala-habitat-information-base

   The State Environmental Planning Policy (Koala Habitat Protection) 2019 [NSW] Schedule 2 lists 65 Koala Feed tree species on the Central Coast including the Melaleuca quinquenervia. If this development were to proceed many of these significant Koala Feed trees would be removed. The list of Koala Feed trees is on pages 15 & 16 of the document. This would also have a significant impact on birdlife.
   Also, Agate Avenue has had continual flooding. Removal of these trees would exacerbate this.

   There is no Arborist report indicating which trees they plan to remove.
   There are no floor plans to indicate whether this is in fact one dwelling or 2 dwellings i.e. are there 2 kitchens?
   Ann Parsons

2. The plan to take out several trees is too open-ended. Most of the trees on the block are Melaleuca Quinquinerva which are Koala Feed Trees. All of the trees carry numbers. It is imperative that the exact trees planned to be taken out are identified and agreed with Council. There is no arborist report. There has to be and this should identify the trees planned to be removed.

   The block is very much water prone. Denuding it of trees will exacerbate this. This and the adjacent block are most likely historical water courses before the dune cut was effected and the whole of Agate still becomes extremely slushy when it rains. Under these conditions installing an in-ground pool is bound to meet with hydrological problems. The water table is so high that it is possible that pressure will raise the pool (if fibreglass) or crack it (if it is concrete). The plan for a pool also increases the number of trees under threat of removal. The outlet from the pool will also add to chemical release. There is actually nowhere for the water to flow from this block, unless storm water drains have been installed under adjacent blocks. I do not think this is the case. So where will chemical or salt overspill from the pool go? In short the plan to install a pool is environmentally questionable and adverse.

   The proposed building does not comply with building height limits In one place the proposed height is indicated at 9.917m in Clause 4.6, well above the 8.5m limit just recently conceded to by our Progress Association in a submission to Council. Moreover in the Site Calculations, the height is listed as 10.3m, almost 2m above the limit. The arguments for height variation are far from convincing.

   At the moment, Agate Av is a quiet by-street where children can play. In my view the proposed structure is ugly by reason of its sheer mass. The amenity and ambience of Agate Av is set to be destroyed by this one development.

   No floor plan has been made available. Are there 2 kitchens in one building? It is not clear what is planned at this level of detail.

3. The proposed dwelling includes 6 bedrooms. Therefore it does not comply with the ruling on short term rentals/B&B for which the limit is 5. This raises the issue that I have noted already viz: how many kitchens. Is the proposal designed to be a short term rental by spreading the dwelling across 2 blocks?

4. The actual limit for a holiday house is 4 bedrooms anything over that will need approval from council. I would think that all houses with five Or more bedrooms In Pearl Beach have not been approved to be used as a holiday house

5. This application does not comply with height restrictions for Pearl Beach
   The amount of bedrooms 6 look more like a boarding house not a residential property
   And the pool in an area that has water problems
   Does not make sense
   And then the issue of taking out more trees
   So as a resident I object to the way the plans are at the moment they need to comply with restrictions on Pearl Beach

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