Gosford Beaches Coastal Zone Management Plan

The Gosford Beaches Coastal Zone Management Plan was prepared in accordance with the NSW Government legislation, and in consultation with the Central Coast community. The plan was certified by the Minister for the Environment in May 2017 and identifies several key management actions for Wamberal Beach, including:
• TW11: Terminal protection- Council to action review, design and funding of terminal protection structure for Wamberal ,
• TW14: Investigation of sources of sand and determination of the feasibility of beach nourishment for Wamberal Beach,
• TW15: Beach nourishment coupled with a terminal revetment to increase the buffer against storm erosion.

The plan outlines a terminal protection structure (seawall) and sand nourishment as the preferred course of action for managing identified coastal hazard threats at Wamberal Beach.

Manly Hydraulics Laboratory - Wamberal Beach Terminal Protection and Sand Nourishment Investigation Project

In May 2020, Council engaged Manly Hydraulics Laboratory to prepare concept plans for a terminal protection structure (seawall) and sand nourishment solutions for Wamberal Beach. The study included:

• Literature Review: to take stock of what was known and identify any information gaps. 
  Stage 1 - Literature Review
   
• Coastal Protection Assessment: to determine sand movement, beach behaviour and impacts/opportunities around public access and amenity. 
  Stage 2 - Coastal Protection Amenity Assessment
   
• Concept Design Options: for a terminal protection structure (seawall) and sand nourishment, and potential seawall alignment. 
  Stage 3 - Concept Designs
   
• Sand Nourishment Investigation: to help maintain public beach amenity. 
  Stage 4 - Sand Nourishment Investigation
   
• Coastal Monitoring Webpage: to monitor beach conditions. 
  Stage 5 - Coastal Monitoring Webpage
   
• Cost Benefit Analysis: to guide development of possible funding models. 
  Stage 6 - Cost-Benefit Analysis

In Dec 2021 these studies were finalised following three rounds of community consultation.

Wamberal Beach Terminal Protection Structure Engineering Design Requirements 

Review of expert technical studies, extensive community consultation and consideration of Council’s role and legislative responsibility in relation to coastal erosion have highlighted specific criteria for a seawall design. The development of the Engineering Design Requirements captures these criteria to guide coastal protection development applications at Wamberal Beach.

The Requirements outline engineering specifications and details such as the minimum footprint, length of construction, material selection, landscaping, and maintenance requirements. These guidelines reflect what the community said was of value and importance during the community consultation period.

The Engineering Design Requirements were adopted by Council in October 2022 and will now be a consideration in the assessment of any submitted development application seawall structures at Wamberal Beach. 

Council Resolutions

There have been several Council resolutions that have been made regarding coastal protection at Wamberal Beach, in particular the 28 June 2022 and 11 October 2022. Records of Council meetings and minutes can be found on Council website.

Council’s Role

Council will have dual roles as both the landowner and planning authority of a potential seawall development application for the public beach access way lands. In cases where Council is both landowner and planning authority appropriate measures are required to ensure separation of responsibilities.

Recent changes with the Environmental Planning and Assessment Amendment (Conflict of Interest) Regulation 2022 have also introduced a requirement for councils to assess, identify, and manage potential conflicts of interest where they are the landowner seeking development consent. Council has adopted a policy to ensure that Council meets its statutory requirements in relation to the potential for conflicts of interest and will manage the Wamberal Seawall development in accordance with the management strategies in that policy.

Council intends to meet and exceed the requirements of the regulation in preparing a statement of how it intends to address conflicts of interest with a development application, by having the statement complete and available on Council’s website, prior to lodgement of any development application. In addition, as an owner of land subject to a development application, Council will not be the consent authority for any such application. This means Council will not determine whether the application should be approved or not.

Land Matters

Council does not have any intention at this time of acquiring additional land in the Wamberal Beach embayment and continues to work with the NSW Government regarding land matters. 

Next Steps

Coastal protection works for private properties (such as seawalls) are subject to a development application process. Development applications must be prepared, assessed and determined in accordance with the Environmental Planning and Assessment Act 1979 and other relevant legislation, including the Coastal Management Act 2016. Council’s adopted Engineering Design Requirements form part of this assessment framework. 

Council resolved on 11 October 2022 to: Confirm that coastal protection works fronting Council-owned land at the beach access ways and Wamberal Surf Lifesaving Club also be governed by the Engineering Design Requirements and make provision for the cost of these works in Council’s Long Term Financial Plan.

Council is also committed (as landowner) to ensuring that any development application process for permanent coastal protection works in the Wamberal embayment that front public land should follow the same process as that being undertaken for private lands, including the public exhibition. This has been committed in the interests of transparency, and in recognition of the public interest in this project.

Due to the need in the Engineering Design Requirements to have a consistent whole of embayment solution, Council (as proponent) decided in early 2023 to engage with the same design consultants being used by the consortium of landowners being coordinated by the Wamberal Protection Association. This is aimed at improving whole-of-beach outcomes and meeting the requirements outlined in the Engineering Design Requirements for the benefit of the whole community.

Other than ensuring consistency and meeting the requirements in the Engineering Design Requirements for the public lands, Council (as proponent) does not have any interest in the private seawalls being proposed by landowners.

Designs must be developed by a suitably qualified coastal engineer and address site specific hazards including coastal and flooding processes. All applications for a terminal protection structure will be required to be placed on public exhibition/notification in accordance with the Environmental Planning and Assessment Act 1979 and the Central Coast Development Control Plan 2022, providing the public with an opportunity to formally comment on any submitted application. The assessment of any application must consider all matters raised in any submissions received during the required notification period.

Council cannot provide advice on the intentions of other beachfront owners to ‘sign onto’ a seawall development application. This is a matter for those owners. Council staff acting on Council’s behalf as prospective proponents and co-applicants will work with other landowners and other prospective co-applicants to achieve an outcome that is consistent with all of the standing resolutions and expectations of the Council, including addressing the Engineering Design Requirements.

Further, depending on the scale and nature of any application for coastal protection works, any development application is likely to be determined by either the Central Coast Local Planning Panel, or the Hunter Central Coast Regional Planning Panel. These Panels are made up of appointed independent appropriately experienced members, who consider and determine a range of complex applications in accordance with the legislative framework. The Panels contain further requirements for community engagement, including public meetings to consider development applications and opportunities for members of the public to speak directly to the Panel as part of the determination process.

Wamberal Beach Development Applications

Council does not have documentation prepared to lodge a development application at this time but will inform the community when a development application has been completed and lodged. It is intended that a development application would be lodged later in 2023, but due to complexities associated with a project such as this, this timeframe could be subject to change. 

Once a DA is submitted it will be available for the public to view via the NSW ePlanning portal. Further information on the DA process and how to make a submission can be found here: https://www.centralcoast.nsw.gov.au/plan-and-build/development-applications

Current development applications for coastal protection works at Wamberal Beach:

• Group Development Application: 85 – 89 Ocean View Drive Wamberal.
Status: Under Assessment (DA/60944/2021)

• Group Development Application: 29, 31 and 33 Pacific Street and 23A, 23B and 25C Ocean View Drive Pacific Six. 
Status: Approved by Land and Environment Court with conditions.
- Land and Environment Court Approved Plans
- Land and Environment Judgement and Conditions

This webpage will be updated as the preparation of a Development Application progresses and new information becomes available to ensure the community is updated.

Date last updated: 25/07/2023