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The following is of significant importance to Orthodox Christians in Australia.
Basically, the local council has re-zoned the area where the Pantanassa Monastery in NSW now stands and has changed the local law to say that no more places of worship can be built in the area, including the restriction of any extensions being built to their own building.
I humbly request my Australian readers to read below and fill in their details on the form which will be emailed directly to our local members of parliament and councillors of the local government.
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Dear Brothers and Sisters in Christ,
We need your urgent assistance - action is needed prior to Tuesday 31 May 2011!
Please forward this page to as many people as possible!
After many years of hard work and fundraising, and with the support of all the Greek Orthodox Australian faithful of NSW and other States, the Greek Orthodox Archdiocese of Australia has been developing two Monasteries on the Central Coast of NSW: Pantanassa Monastery at Mangrove Creek and Holy Cross Monastery at Mangrove Mountain. At the time of purchase of these lands, the construction of a monastery, including a church was permissible within the current zones, and on this basis the lands were purchased and the monasteries planned.
NOW, Gosford Council is proposing to eliminate "places of public worship" from the zones on which the Monasteries are located under its "Gosford Draft LEP 2009". This means that future development and expansion of the monasteries, including construction of new churches, is threatened and may not be permissible on monastery lands.
We have:
1. made detailed submissions to Council opposing the proposed change to the zoning - these have been rejected! and
2. asked Council to acknowledge the monasteries future development needs by placing the monasteries in the SP1 'Special Activities Zone' which would allow for development of the monasteries with Council consent based on merit considerations - this too was rejected!
On Monday 23 May 2011 we were informed that Council plans to consider the adoption of the "Gosford Draft LEP 2009" on Tuesday 31 May 2011!
How can you help?
You can help by sending one of the automated email letters we have prepared for you to all of the relevant Councillors and Ministers simply at the click of one button:
1. Select one of the letters below;
2. Fill in the form at the bottom of the letter with your full details - this is very important; and
3. Press the 'send email now' button.
We must act before TUESDAY 31 MAY 2011 and let Councillors and State Government Ministers know that we are very upset and disappointed with this whole matter! You may also write directly to the relevant Councillors and Ministers, see below for contact details. To find your local State MP CLICK HERE
CLICK HERE TO ACT NOW!
We thank you in advance for your support and pray that our Lord and Saviour Jesus Christ bless you and your families.
Prayerfully Yours,
Pantanassa Monastery
567 Mangrove Creek Rd, Mangrove Creek, NSW 2250
t: (02) 4374 1060 f: (02) 4374 1422 e: pantanassa@cci.net.au
Holy Cross Monastery
Lot 1, Holy Cross Rd, Mangrove Mountain, NSW 2250
P.O. Box 1799, Gosford, N.S.W. 2250
t: (02) 4374 1657 f: (02) 4374 1750 e: holycrossmonastery@bigpond.com w: (not available as yet)
To Send A Letter, Click Here
Greetings Honourable Mayor Maher and respected Councillors,
ReplyDeleteI write to you in relation to the "Gosford Draft LEP 2009" and the recommendations before you at the forthcoming meeting on 31st May 2011.
Having read the report and the recommendations, I wish to draw your attention to the assumptions made in the report in reference to the Greek Orthodox Monasteries at Mangrove Mountain.
The assumption that existing use rights will protect and provide for the continued and future use of the monasteries is flawed. In planning law, existing use rights are not rights but privileges. Existing use rights provide an exception to a prohibition.
Once the prohibition is there, regardless of the merits of a proposal, the only possible way to achieve an outcome that is prohibited is to change the law again.
The NSW Parliament has introduced amendments to the Environmental Planning and Assessment Act 1979 (EP&A Act) which have had the effect of limiting the application of existing and continuing use rights.
It is therefore possible that this limitation will continue to become more restrictive in the future. Existing use rights are an area of complex planning law, which often the courts, let alone the Councils which administer the planning instruments, have difficulty in consistently applying.
To expect religious organisations, particularly small monastic communities, to argue the merits of future development applications on the basis of existing use rights, is an abrogation of Council's duty to provide for an equitable, fair, and efficient planning system which considers development proposals upon their planning merit.
There is nothing in the current draft LEP which explains why there is no merit in continuing with the discretion available to Council to assess each and every development proposal on its merits. Why should there be a blanket prohibition?
Is there any proper study of the so called environmental or social impacts of allowing the monasteries in their current locations? Surely for the developments to have been approved, having gone through a very thorough and lengthy development approval process, the merits far outweighed any disbenefits?
There is substantial merit in what is being asked of Council, that the monasteries are included in the Special Activities Zone (SP1).
As an experienced qualified town planner, I strongly object to the Council ignoring the wishes of the monasteries, as I believe their request to be included in the Special Activities Zone (SP1) has overwhelming merit. The Council should be supporting its community including the two monasteries. It should be facilitating their co-existence and future within the Gosford community, not creating legal barriers which will eventually stifle the maturing of these important religious communities.
Christ Himself has given you delegated authority to make laws, to benefit people. Please use your collective wisdom to help people, rather than blindly following legal templates which bureaucrats put in front of you.
Do not adopt a plan which removes the discretion you currently have to judge development proposals upon their planning merits.
Thank you for your patience.
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HatTip: S.Katakouzinos,
a Senior Town Planner for another Council