'JUST abide by your own policies' sums up a group of Callala Beach residents' views as they closely watch Shoalhaven City Council's decision-making process on a proposed residential development.
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Residents in Quay Road say when several detailed documents state you cannot build on an environmentally sensitive strip of coastal land then they believe these plans should be followed.
A proposed development at Quay Road which aims to go onto and hang over land in coastal foreshore affected by beach erosion, concerns the residents.
The foreshore land is divided into three precincts. Precinct one is a foreshore building area where no new development within the allotment is permitted, unless unique circumstances apply.
Engineering drawings, of the proposal in question, show footings into ground 7.4 metres into precinct one, the overhang of upper alfresco storey is 8.5 metres at it most overhanging point, 25.9 metres of structure is behind precinct one and it is described as two storey structure.
Residents, like John Steinthal, said the development proposed for Quay Road should not be considered, let alone approved, because it goes against council's own plans.
He said the importance of this strip of land had been highlighted in council's Local Environmental Plan (LEP) and Development Control Plan (DCP).
Mr Steinthal was adamant the development simply should not go ahead.
"In this situation, it's in black and white. It's crystal clear - it can't be clearer," he said.
"Council has spent a lot of money on coastal risk assessment - mapping research and they took all that information and they determined what the risks were, that is enshrined in the LEP and further enshrined in the DCP to make it even more clearer.
"Now what council could go against their own advice - their own LEP and their own DCP."
It's up to the applicants to show why the development should be approved and they may argue that special circumstances apply.
Mr Steinthal said as far as he's aware's there's no special circumstance for council to even consider the development.
"The zones and the precincts are clear, and they are there for a reason," he said.
"It's about fairness and equity."
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Council's Section Manager (Building and Compliance) Colin Wood said the applicant has to follow the proper process.
"If the application is to proceed, the applicant must develop a Performance-Based Solution by engaging a suitably qualified coastal engineer to support their development," Mr Wood said.
"The applicant is pursuing this pathway at the moment. The application is still under assessment.
"If the coastal hazards engineer is able to satisfy the performance requirements of the DCP then this will not be an impediment to the approval process."
Meanwhile, Mr Steinthal suggests council could be setting a dangerous precedent and the argument could be extended away from Callala Beach.
"If you can get a report from an expert (engineer town planner) in essence you can contest every aspect of the LEP and DCP," he said
"If they (council) are not going to abide by it you can contest every aspect of it."
Mr Steinthal said he could put in an application to move his house right up to the sand.
"I will get a 60-page engineer report to say it's fine," he said.
"How is this fair equitable and reasonable? How is this proper planning and proper process?
"If it's done in one place it will be done in another place. Unless this is brought to a stop it has the potential to get out of control."
He said rules are rules and laws are laws and everyone needed to follow them.
Mr Steinthal and others submitted objections and watching the process closely.
Another resident took up the argument.
"The DCP only allows for an alternative design solution when the application demonstrates unique circumstances that warrant a departure from the controls. There are no such unique circumstances relevant to this application," the resident said.
"The notification period is too short for the development of this significance and should be extended and more widely advertised.
"It is inconceivable that council would consider approving this proposal as it would allow a new building in a location immediately vulnerable to coastal erosion, and create a disturbing precedent for other future development along Shoalhaven beach frontages.
"Council must enforce its own DCP and reject this application, to ensure coastal erosion risk is minimised and to protect the amenity and character of Callala Beach for all users."
