Pontoon Owners in St Huberts Island Canals
(and future pontoon owners)
A link to what is happening here...
Some History...
At the beginning of 2016, all "legitimate" pontoon and walkway owners in the canals of St Huberts Island started receiving a large package of legal documents from the (then) Gosford City Council's lawyers HWL Ebsworth from Australia Square, Sydney, with Brian Olliver as the controlling partner for this process.
This documentation contained the new 5 year Deed of Licence and Positive Covenant the Council required for pontoon owners to use the Council land [although called canals, they are actually drainage reserves for road water and are a block of land owned by the Council with their own Lot Number], as well as demands for payments of the various fees and significant legal costs.
The arrival of these packages caused a major upset for most owners, including:
- many did not realise their previous Licence and Covenant lasted for only five years
- Licences were still within their agreed and signed unexpired term
- comparison of owner's documentation showed differences in requirements and description
- there were inaccuracies within the documentation
- documentation did not match the actual constructed pontoon and walkway
- sections were crossed out when received
- canal residents had a Development Application with, or Development Approval from Council, and still received the documentation and demand for payments despite no Building Approval or actual construction
- apparently this whole process and significant legal cost would be repeated each five years
The St Huberts Island Residents Association Inc has agreed to be the main representative between Canal Pontoon Owners and Council so the communication and actions can be filtered through in unison.
It is to be noted though the Association will not accept responsibility or ownership for the outcomes, and we are acting in good faith for the betterment of the Island.
There is a "lot" happening in the background at the moment, and we hope a quick and positive result will eventuate to the benefit of all Canal Residents, and the newly created Central Coast Council.