6 January 2020
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Our Ref:
2019/716971
Dear Mr Salama
Thank you for your enquiry. A wide range of information relating to coastal erosion at
Collaroy-Narrabeen Beach and Council’s actions to address this issue can be found on
our websit
e: https://www.northernbeaches.nsw.gov.au/environment/coast-and-
waterways/coastal-erosion
Please find answers below to your specific questions.
Why has Council not applied the provisions of the Coastal Protect Act to the
Coastal protection works at 1184 Pittwater Rd as is required under the Act?
Specifically why have bonds not been required or maintenance provisions
imposed on that consent as is specifically required under the Act?
Council applied the provisions of the
Coastal Protection Act in its assessment of the
proposed works at this property. Following the June 2016 East Coast Low, Council
sought independent advice on the necessary conditions of consent for all future coastal
protection works and has been applying this advice consistently.
How much did the Collaroy Carpark Coastal Protection works cost? Was the
carpark damaged by the 2016 storms and if so-to what extent?
Information about all of Council’s capital works projects can be found in the Delivery
Program 2018-2021 at
www.northernbeaches.nsw.gov.au/sites/default/files/delivery-
program-2018-2021.pdf. Page 45 identifies funds allocated to capital projects for
coastal protection works at Collaroy- Narrabeen beach as $1.6 million for the 2018/19
financial year and $5.9 million for 2019/20.
The car park works were necessary as Council has a responsibility to protect public
assets. As a result of these works public access will be significantly improved and the
area will be safer during future storms.
How much has Council spent on legal fees defending Land & Environment Court
appeals related to seawalls since the 2016 storm? Please include direct and
indirect costs.
Legal advice and relevant communications regarding legal proceedings are confidential
and are subject to legal professional privilege and client legal privilege.
Will Northern Beaches Council implement "planned retreat" or a similar policy at
Collaroy now or in the future?
The
Coastal Zone Management Plan for Collaroy-Narrabeen Beach and Fisherman’s
Beach and
Northern Beaches Coastal Erosion Policy outline the proposed
management actions for Collaroy-Narrabeen Beach. Planned retreat is not a proposed
management action at Collaroy-Narrabeen Beach in either of these documents.
Why has Council implemented Time Limited Consents on approvals for Coastal
protection works at Collaroy? Why has Council selectively excluded this
condition from certain approvals?
The conditions of consent being applied to all approvals post the June 2016 storm
event are consistent and based on the best available knowledge and advice provided
to Council.
‘Time Limited Consent’ or the condition of consent that requires the performance and
impact of the approved seawall to be assessed at the end of its design life is required
to satisfy the requirements of the NSW
Coastal Management Act 2016. This condition
is being applied consistently and in accordance with Council’s understanding of its
obligations.
In financial year 2018 what percentage of Total Council revenues found its way
back to the community by way of community projects?
Council’s Annual Report 2017/18 and Annual Financial Statements 2017/18 can be
found at
https://www.northernbeaches.nsw.gov.au/council/publications/annual-report.
These documents provide information on Council’s income and expenditure. Page 14
of the Annual Financial Statements shows the total income from continuing operations
was $391.1 million. It also shows total expenses from continuing operations was
$312.6 million which was applied to deliver operational services and projects to the
community.
In addition, $78.75 million was invested in upgrading existing assets and providing new
assets to meet the needs of the community. Details of what was delivered is contained
in the Annual Report.
In 2006 Warringah Council accepted liability for having subdivided residential
Lots too close to the high tide mark and adopted the construction of a seawall,
entirely at its own cost, as a management strategy. Why has council now left this
construction to private property owners? What liability does Council carry from
this historic subdivision too close to the water mark?
The statement “
In 2006 Warringah Council accepted liability for having subdivided
residential Lots too close to the high tide mark and adopted the construction of a
seawall, entirely at its own cost, as a management strategy” is not correct.
Northern
Beaches Council (including the former Warringah Council) has never proposed to
construct a seawall that protects private property entirely at its own cost.
The responsibility of residents to protect their properties is clearly stated in
Northern
Beaches Coastal Erosion Policy, 2016. The policy states:
Property owners (including government) are responsible for protecting their
property from the impacts of coastal processes, and are responsible for ensuring
2019/716971
Page 2 of 4
their property does not adversely impact on adjoining properties or coastal
processes.
Why has Council approved Coastal Protection Works on Crown Land at 1114
Pittwater Rd Collaroy, given the Lot extends Eastward to nearly the high tide
mark and the protection works could easily have been contained within private
boundaries? How is this in the public interest? How does this benefit public
beach amenity?
The proposed works as submitted and approved were assessed on their merits and
deemed to be in accordance with the
Coastal Zone Management Plan for Collaroy
Narrabeen Beach and Fishermans Beach, the
Northern Beaches Coastal Erosion
Policy and the
Collaroy – Narrabeen Beach Coastal Protection Works Design
Specifications.
Will council shift or attempt to have beachfront residents contribute to sand
nourishment costs at Collaroy Narrabeen now or in the future? Is Council
attempting to shift sand nourishment costs to the Crown or residents? Will
council introduce a levy for sand nourishment or maintenance of beach
amenity?
Council’s position of beach nourishment in the future is stated in the
Northern Beaches
Coastal Erosion Policy. This policy states:
Sea level rise may result in a progressive loss of beach width over coming
decades. Council will work with the State Government and other coastal councils
in NSW to facilitate the importation of sufficient quantities of sand to enable
beach width and surf quality to be maintained.
Did Council impose any conditions on Collaroy Services Club for the coastal
protection works recently constructed by them? If not-why?
The works to be undertaken by the Collaroy Beach Services Club were to renew
existing coastal protection works that were damaged during the June 2016 Storm.
These works were completed under an Emergency Order issued by Council that
contained the appropriate conditions for completion of the order.
Does Council have a relationship with Horton Coastal engineering and did the
relationship precede the June 2016 storms? Does Council consider this a
conflict of interest? Did Council communicate with Horton Coastal engineering
regarding specific applications for Coastal protection works between June 2016
and December 2016? If so-please provide a copy of such communication.
Northern Beaches Council engages and liaises with a range of consultants on matters
related to coastal management. All interactions with Northern Beaches Council and
external consultants are transparent and in accordance with necessary legislation and
regulation.
Council has not engaged Horton Coastal Engineering in relation to any coastal
protection matters at Collaroy-Narrabeen Beach. All interactions with Horton Coastal
Engineering on matters related to Collaroy-Narrabeen Beach have been as a result of
Horton Coastal Engineering representing residents requiring coastal protection works.
2019/716971
Page 3 of 4
How many seawalls have been constructed by private residents since the June
2016 storms to protect the numerous properties on the Collaroy Beachfront?
To date Council has approved five development applications submitted after the storm
event in 2016. These applications represent 22 of the 49 properties requiring coastal
protection along Collaroy-Narrabeen Beach. The responsibility for construction of these
works sits with the owners of the properties with approved applications, however these
have not yet been constructed.
2019/716971
Page 4 of 4
