CLAIMS the Clarence Valley Council misled Brooms Head residents about the legislative need to upgrade the village's popular camping ground are baseless says council director Troy Anderson.
Mr Anderson, the council's director works and civil, said a letter from Brooms Head resident Frank Barton contained a number of incorrect assumptions.
Mr Barton claimed the council had misled the community when it said the park must be upgraded to meet NSW Government regulations.
He said the park was exempt from the regulations requiring the upgrade because it had been established before the legislation came into force in 2005.
"All applications to operate a park, ground or estate or amend an existing approval that are determined on or after September 1, 2005 are subject to the new regulation," Mr Barton wrote.
"The new regulation also applies to the installation of moveable dwellings, associated structures and annexes on or after September 1, 2005.
"However, the new regulation is not retrospective. Parks, grounds and estates whose current approval was granted prior to the commencement of the new regulation can continue to operate under that approval.
"Moveable dwellings lawfully installed before the commencement of the new regulation, can stay in their present locations without any upgrades being required.
"Ordinance 71 (introduced 1986 and repealed in 1993) exempted 'existing parks' from the requirement to comply with certain of that ordinance's provisions (eg regarding maximum distance of dwellings from fire hydrants, site setbacks from boundaries, and visitors' parking).
"Those exemptions (where applying) are carried across to the former Regulations and apply also under the new Regulation under its savings provisions."
Mr Anderson, said there were a number of incorrect assumptions in Mr Barton's letter.
He said, for example, there was no exemption in relation to the provision of sewerage services to short-term sites and he had provided Mr Barton with an extract from the relevant regulations that demonstrated council's responsibilities.
"No sites in the northern precinct comply with these requirements so work must be done," he said.
Mr Anderson said that based on feedback from the community, the Clarence Coast Reserve Trust endorsed numerous changes to the exhibited Brooms Head Holiday Park concept plan at its August meeting.
It was proposed the final concept plan would be presented to the trust before its December meeting.
"We understand people don't want Brooms Head to lose its laid-back appeal," he said.
"Neither does the trust and any decisions will be made with that in mind.
"But the fact remains certain works have to be done for it to meet the required standards."