MINUTES OF THE ORDINARY MEETING OF MOSMAN MUNICIPAL COUNCIL
HELD IN THE COUNCIL CHAMBERS, MOSMAN SQUARE,
ON MONDAY 18 JULY 2005 COMMENCING AT 6.09 pm
1.
PRESENT
The Mayor (Councillor S H Jenkins) in the Chair, Councillors A M Brown,
A S Connon, P J Harvey OAM, D J Lopez OAM, P S Menzies, J T Reid, M E Skipper,
D M Strange, and D M Wilton, together with the General Manager, Director
Environment and Planning, Manager Governance, Manager Development Services
and Team Leader Admin & Support.
Councillor Menzies left the Chambers at 7.42 pm and returned at 7.44 pm during
consideration of Item EP/179.
LONDON ATTACKS
The Mayor made the following statement of condolence to the victims of the
bombings in London:
On Thursday 7 July the City of London was the scene of horrendous terrorist attacks
both in the subway system and on a commuter bus. Once again we were all shocked
and saddened by the deaths and injuries and once again we feel deep sympathy for
those involved and for all Londoners. I have written to the Mayor of London on behalf
of the Mosman community expressing our condolences and concern for the residents
of that wonderful city that so many of us know and love. We also know that the spirit
of Londoners will, as always, prevail. Our thoughts and prayers go out to them at this
time.
2.
WELCOME TO VISITORS
The total number present in the Gallery was 24.
3.
APOLOGIES AND LEAVE OF ABSENCE
Apologies were received from Councillors Elsegood and Traill.
Motion Skipper/Brown
That the apologies be received and leave of absence be granted to Councillors
Elsegood and Traill.
CARRIED UNANIMOUSLY
4.
DISCLOSURES OF PECUNIARY INTERESTS
There were no disclosures of Pecuniary Interests from Councillors or Senior Staff.
5.
DISCLOSURES OF NON-PECUNIARY INTERESTS
There were no disclosures of Non-Pecuniary Interests from Councillors or Senior
Staff.
6.
CONFIRMATION OF MINUTES
Motion Lopez/Skipper
That the Minutes of the Ordinary Meeting of Council held on 4 July 2005, as typed
and circulated, be confirmed.
Reports to Ordinary Meeting of Council – 18 July 2005
Page 2
CARRIED UNANIMOUSLY
7.
MAYORAL MINUTES
The Mayor submitted one Mayoral Minute which was dealt with as follows:
8.
MM/14 Mayoral Minute - Proposed Desalination Plant
RECOMMENDATION
That the Mayoral Minute be noted.
COUNCIL RESOLUTION
Motion Harvey/Wilton
That the matter be deferred to allow the circulation of information in relation to the
Government’s proposal for a desalination plant in Sydney’s south and its
consideration by Councillors.
Amendment Reid/Connon
That this Council is of the opinion that the State should adopt a policy of stormwater
harvesting and recycling of waste water before it embarks on the environmentally
damaging desalination process. And further the matter be listed for a further Council
meeting when a full report can be presented.
CARRIED
For:
Harvey, Strange, Skipper, Lopez, Reid, Connon, Menzies, Wilton
Against:
Jenkins, Brown
and on being put as the Motion CARRIED
9.
For:
Jenkins, Harvey, Strange, Skipper, Lopez, Reid, Connon, Menzies,
Wilton
Against:
Brown
INSPECTIONS
Prior to the Ordinary Council meeting of 18 July 2005 inspections were carried out as
follows:
Date
13 July 2005
Address
51 Moruben Road, and from 8
Rawson Street
Christian Science Church
75 Cowles Road
73A Spofforth Street
147 Awaba Street
41 Congewoi Road, and from 14
& 16 Inkerman Street
Present
Clrs Menzies, Jenkins,
Brown, Reid, Harvey and
Connon.
Apologies were received
from Clrs Skipper and
Strange.
Reports to Ordinary Meeting of Council – 18 July 2005
10.
Page 3
ITEMS NOT CALLED FOR INDIVIDUAL CONSIDERATION
Motion Skipper/Brown
That the Officer’s Recommendation be adopted in relation to the following items:
Item
Description
EP/170
147 Awaba Street
EP/174
3/120 Prince Street
EP/175
75 Cowles Road
EP/176
51 Moruben Road
EP/177
7 Dalton Road
EP/178
Alexander Avenue (Croquet Lane)
EP/180
Development Applications
11.
COMMITTEE OF THE WHOLE
Motion Reid/Brown
That Council resolve into Committee of the Whole to allow members of the gallery to
address the Council in relation to the items called by residents.
CARRIED UNANIMOUSLY
Council resolved into Committee of the Whole at 6.34 pm.
12.
ITEMS CALLED FOR INDIVIDUAL CONSIDERATION
The following items were called by residents, Councillors or staff for individual
consideration:
Item
Description
EP/169
Curlew Camp Artist’s Walk – Progress Report
EP/171
73A Spofforth Street
EP/172
41 Congewoi Road
EP/173
Unit 3 & 4 – 803 Military Road
EP/179
Land and Environment Court Legal Expenses
13.
EP/169 Curlew Camp Artists' Walk - Progress report
OFFICER'S RECOMMENDATION
The Manager Planning and Transport recommends:
A.
The Draft Interpretation Strategy for the Curlew Camp Artists’ Walk be
adopted.
B.
That a further report be prepared for Council once the second stage of this
project – the development of the Interpretation Plan, has been completed.
Reports to Ordinary Meeting of Council – 18 July 2005
Page 4
Mr James Butler addressed the Committee.
RESOLVED BY THE COMMITTEE UNDER DELEGATED AUTHORITY
Motion Skipper/Brown
That the Officer’s Recommendation be adopted.
CARRIED UNANIMOUSLY
14.
EP/171
73A Spofforth Street
DA NUMBER:
8.2003.464.1
PROPOSAL:
Conversion of medical consulting rooms to veterinary
consulting rooms
OFFICER'S
RECOMMENDATION: Approval with conditions
Ms Gillian Watson (2/108 Cabramatta Road) and Dr Tony Waugh (Applicant) addressed the
Committee.
RESOLVED BY THE COMMITTEE UNDER DELEGATED AUTHORITY
Motion Lopez/Harvey
That the Officer’s Recommendation be adopted subject to:
1)
the deferred commencement requirements be amended to delete reference to
lowering of the carparking slab; the deletion of the disabled access ramp and
the carparking space no. 1; and require the screening lattice and vegetation to
be raised along the carpark edge.
Amendment Menzies/Wilton
That the Officer’s Recommendation be adopted subject to:
1)
the deferred commencement requirements be amended to delete reference to
lowering of the carparking slab; the deletion of the disabled access ramp; and
require the screening lattice and vegetation to be raised along the carpark
edge.
CARRIED on the casting vote of the Mayor and on being put as the Motion
CARRIED on the casting vote of the Mayor.
15.
For:
Jenkins, Brown, Connon, Menzies, Wilton
Against:
Harvey, Strange, Skipper, Lopez, Reid
EP/172
41 Congewoi Road
DA NUMBER:
8.2005.108.1
PROPOSAL:
Alterations and additions to an existing dwelling house
including extension of the first floor level, demolition of
fishpond and spa and construction of a new in-ground
pool
OFFICER'S
Reports to Ordinary Meeting of Council – 18 July 2005
Page 5
RECOMMENDATION: Approval with conditions
Mr Michael Sandberg (Architect on behalf of the Owner), Mr John Spalvins (Owner)
and Mr Ian McAllister (14 Inkerman Street) addressed the Committee.
RESOLVED BY THE COMMITTEE UNDER DELEGATED AUTHORITY
Motion Reid/Connon
That the Officer’s Recommendation be adopted and that the matter of tree pruning be
referred to the General Manager for negotiation.
CARRIED UNANIMOUSLY
16.
EP/173
Unit 3 & 4 - 803 Military Road
DA NUMBER:
8.2005.2.1
PROPOSAL:
Internal alterations and change of use to a veterinary
retail clinic
OFFICER’S
RECOMMENDATION: Approval with conditions
RESOLVED BY THE COMMITTEE UNDER DELEGATED AUTHORITY
Motion Brown/Skipper
That the Officer’s Recommendation be adopted.
CARRIED UNANIMOUSLY
17.
FULL COUNCIL
Motion Lopez/Connon
That the Committee resolve into Full Council.
CARRIED UNANIMOUSLY
Full Council resumed at 7.42 pm.
In accordance with Clause 51(2) of Council's Code of Meeting Practice, the General
Manager reported to the Council the proceedings of the Committee of the Whole.
18.
EP/179 Land and Environment Court Legal Expenses
OFFICER'S RECOMMENDATION
The Manager Development Services recommends that the report be received.
COUNCIL RESOLUTION
Motion Lopez/Reid
That the advices be received and the details of the report for the new financial year
be extended to include a short executive summary on the reasons for the
determination of the Court.
CARRIED UNANIMOUSLY
Reports to Ordinary Meeting of Council – 18 July 2005
Page 6
19.
QUESTIONS WITHOUT NOTICE
20.
By Councillor Harvey – Until recently rainfall reports at Mosman were included
in the Sydney Morning Herald in the “Metropolitan” yesterday’s rainfall. This
information has been useful to residents and greenkeepers. Could Council
please write to the Herald to reinstate that information?
Informed by Director Environment and Planning in the affirmative.
21.
By Councillor Harvey – Pittwater Council is able to deal with A Business without
Notice as an “urgency motion”. Councillors as well as the Mayor can instigate this
instead of waiting for lengthy reports. Could Mosman instigate a similar motion
please?
Referred to Director Corporate Services for report to Council.
22.
By Councillor Lopez – Could Councillors please be provided with a list of all
DAs that have been approved under delegated authority in the past six months?
Informed by Director Environment and Planning that details of all
development applications determined (approved and refused) for the period
requested have been published in the monthly reports attached to the Council
business papers.
23.
By Councillor Lopez – Who is spreading the rumours re Council’s wish to install
parking meters in the Shopping Centres?
Informed by Director Corporate Services that Council staff have not raised the
issue for debate as they do not support it. It had been raised by some residents
during the discussion on the introduction of paid parking on The Esplanade.
24.
By Councillor Lopez – Do residents require DAs to install water tanks? I would
hope that Council encourages such an initiative and that this not be impeded by
red tape.
Informed by Director Environment and Planning that with new dwellings the
BASIX certification process covers water tanks if included and these then require
no separate approval. Water tanks are also included as exempt development in
most areas of Mosman; however, some areas do not permit exempt development,
necessitating a DA in limited cases. A recent proposed amendment by the State
government is expected to overcome this issue as it is proposed to make water
tanks exempt development everywhere.
25.
By Councillor Lopez – I enclose for Council’s Information City News July 05
from the Custom House Library. Could we adopt a similar layout and approach
for the Mosman News?
Advised by Director Community Development that on 13 April 2004 the
incoming Council resolved to cancel the Mosman News. On 7 June 2004 Council
resolved to use the money saved to develop a communication strategy. On 5
July resolved to seek quotations from publications which circulate in the area for
the dissemination of information relating to Council’s services, activities and
facilities. On 2 August 2004 Council resolved to achieve this by accepting
quotations from the Mosman 2088 magazine for a 4 page insert 6 times per
annum with run ons as required and a large fortnightly advertisement in the
Reports to Ordinary Meeting of Council – 18 July 2005
Page 7
Mosman Daily. Both of these in-house productions have the same sort of
information and “feel” of the City of Sydney Council Newsletter, however, both of
the Mosman productions are of superior quality.
26.
By Councillor Lopez – I have received a letter from a young resident re noise
and drinking behaviour in Mistral Avenue – could this matter be brought to the
attention of Council Rangers and the police?
Informed by Director Corporate Services that inappropriate street behaviour
should be reported immediately to the Harbourside Police. Council’s Rangers will
be requested to patrol this area and if such behaviour is observed they will also
report it to the Police for their attention.
27.
By Councillor Lopez – Could I have a copy of the judgement for 26 Iluka Road?
Informed by Director Environment and Planning that a copy will be forwarded
to all Councillors.
28.
By Councillor Skipper – When Council reviews the planning process, part of the
LEP/DCP revision, can we consider a process which includes, at the initial
consultation stage, the desired design concepts?
Referred to Director Environment and Planning for consideration in the
LEP/DCP process.
29.
By Councillor Skipper – No. 5 Wolseley Road – The front facing Wolseley Road
consists of a double garage (about 3m high) and a solid brick front wall (about 2m
high). If other properties were the same in Wolseley Road there would be a
SOLID 2-3m WALL all along Wolseley Road – what about harbour glimpses etc,
etc, etc? This is a disgrace. Is the building in accordance with the DA? This new
property completely dominates this part of the streetscape and it is an example of
what should NOT be approved.
Informed by Director Environment and Planning that the building nearing
completion at 5 Wolseley is of single storey presentation to the street including a
double garage located on the front boundary attached to a courtyard wall with
metal gates also on the front alignment. The front of the house varies in setback
from 2.5 to 4.0 metres from the street boundary.
The building involves alterations to a dwelling house on the site which also had a
garage on the front boundary, setbacks as above, and a 1.8 -2.0m courtyard wall
across the front of the entire site. In terms of building height when viewed from
the street the current building is 1.0m lower than the one it replaced and provides
a greater setback from the north-western boundary due to the absence of eaves
overhangs in the new building.
While it is true that scope for views is limited it must be noted that the building as
altered is, in fact, lower and narrower than the original and by virtue of the lower
roof allows greater views over the site from Methuen Street to Middle Harbour
beyond. It should also be noted that the fall of the land is such that there are
limited alternatives particularly for vehicular access.
30.
By Councillor Skipper – I wish to raise the issue of streetscape design within the
scope of the Business DCP area, namely Spit and Military Roads, and particularly
Military Road Spit to Mosman Junction.
Reports to Ordinary Meeting of Council – 18 July 2005
Page 8
A problem that Councillors face is that when a DA is presented the front façade is
(obviously) an integral part of the whole plans. To change the façade, if it is
considered by Council to be inappropriate to surrounding buildings, is probably
frustrating to the applicant and the applicant would fight objections (and here I use
as an example the DA between the Village Green and Country Road). Could
applicants be required to submit a photo montage or artists impression showing
the new building in its context as part of the DA submission?
Referred to Director Environment and Planning for consideration as part of the
DCP review.
31.
By Councillor Wilton – Can Council assist with financing repairs to the roof of
the Croquet Club? This is a growing sport and the Club gives support and
encouragement to young people to learn the game. Council does not give any
financial support to this sport and this would be a practical show of support.
Referred to Director Corporate Services to advise Councillor Wilton direct.
32.
CLOSE OF MEETING
The Meeting terminated and Council rose at 7.58 pm.
CONFIRMED:
MAYOR
1 August 2005