Commissioner Horton of the Land and Environment Court has dismissed community concerns and “is minded to grant consent to the [proposed Woolworths Metro] development.”

Fabcot Pty Ltd (Woolworths’ development company) appealed the decision of the Mosman Local Planning Panel (MLPP) last November to refuse Woolworths’ development application.

The LEC judgment was handed down on 2 November 2021 following a hearing on 5 and 6 October 2021.

The Commissioner determined that the development application warrants granting consent, subject to certain (limited) directions and conditions. 

Evidence was given on behalf of Mosman Council by way of joint reports and oral evidence by consultant experts in the areas of planning, traffic, acoustics and heritage.

Six Mosman residents were ‘granted leave to make oral submissions’ objecting to the development. They were:

• Peter Abelson, former Mosman Mayor and consulting applied economist
• John Wakefield, representing Mosman Village Community
• Jenny & Ross Heidtman, owners of nearby commercial and residential premises
• Brooke Johnson, a resident of Belmont Road on a neighbouring site
• Susan Lockhart, a resident of Muston Street
• Peter Twiney, retired transport consultant and traffic engineer

We thank them for representing the community with their well-articulated and well-informed objections to the proposed development, on issues including public interest, traffic congestion, pedestrian safety, parking, impacts on neighbouring residents and businesses.

Unfortunately the Commissioner paid little or no regard to these community submissions, nor those made by experts engaged by Council.

The Commissioner’s words speak for themselves:

150  While public submissions consider Mosman to be well served by supermarkets, the evidence before the Court, in both the Economic Needs Analysis prepared by Location IQ on behalf of the Applicant, and the Peer Assessment of the same prepared by Mr Leyshon Consulting Pty Ltd on behalf of the Respondent, suggests otherwise. 

152  Some objections were founded on the ease with which residents of the local area could drive to the existing Woolworths supermarket at Neutral Bay, should they choose. This particular argument only encourages the conclusion, in my mind, that residents who consider a Woolworths in Mosman to be unnecessary because they are able to drive to one in Neutral Bay are likely part of the very traffic congestion of which they, perhaps with good reason, complain.

153 The traffic assessment undertaken in support of the application was completed using SIDRA modelling that analysed the impact of the proposed development on intersections identified by public submissions, finding the following:

* The intersection at Military Road/Belmont Road will continue to operate at its existing level of service.

* The intersection at Military Road and Gouldsbury Street will continue to operate at its existing level of service, and

* The intersection at Gouldsbury Street and the carpark extending to Lennon Lane will continue to operate at its existing level of service. 

154  As stated earlier in this decision, … No 1 Belmont Road is at the interface between residential development in the R3 Medium Density Residential zone, and development permissible in the B2 Local Centre zone. Some tension is to be expected at such interfaces between zones.

155  That said, I find the tension to be appropriately managed through the conditions of consent that include:

* The preparation of a Loading Dock Management Plan

* Provision of a dynamic signage system facing Gouldsbury Street

* Procedures for the closing of the car park, management of noise and other aspects that have the potential to adversely impact the amenity of residents adjoining the development. 

The full judgment can be found here.

Review of the judgment

The following assessment of the Commissioner’s judgment has been prepared by former Mosman Mayor, Peter Abelson.

Failure to acknowledge MLPP decision

The Commissioner fails to acknowledge, or respond to, the unanimous determination of the 4-person independent Mosman Local Planning Panel (MLPP), despite the MLPP determining:

• that the DA failed to satisfy the Aims of the Mosman Local Environmental Plan 2012, in particular, Clause 1.2 (2) (i) to limit additional traffic, and (j) to recognise the aspirations and needs of the community;
• that the proposal was not consistent with the Mosman LEP 2012.

Failure to consider residential amenity

Written and oral public submissions expressed strong resident concern that the traffic in Lennon Lane, Gouldsbury Street and the Crescent will negatively impact on residential amenity. 

The Commissioner wholly dismissed these concerns, taking the view that the traffic impacts and noise would be limited and there would be little congestion in Lennon Lane.

That is not the informed view of local residents nor Council’s traffic experts.

Failure to adequately consider parking requirements

The Commissioner noted that the Mosman Development Control Plans (MDCP) require 56 car parking spaces based on 1 space per 16 square metres gross floor area for retail premises.

Woolworths is proposing 18-20 car spaces. This results in a parking shortfall of 36-38 spaces.

NSW Roads and Maritime Services (RMS) parking guidelines would require 35 parking places for the development.

Despite this, the Commissioner concluded that 18 car parking places are sufficient based on submissions from Woolworths’ traffic consultants.

The Commissioner’s conclusions totally ignored both Council and RMS parking requirements. 

Failure to acknowledge impact on traffic congestion

RMS guidelines propose that 420 square metres of commercial floor space generates 50-65 vehicle trips per hour.

This would indicate an increase in traffic on Military Road in the order of 5-6 per cent.

The Commissioner did not cite nor consider these guidelines.  

Drawing on SIDRA modelling prepared in support of the development application, the Commissioner concluded that traffic resulting from the development would increase traffic by only 1 per cent along Military Road. Even the Woolworths’ traffic consultant suggested that traffic on Military Road would increase by 2.5%. 

The Commissioner stated that “there are good grounds, in my view, to consider the proposed development comparable to that of the Rozelle IGA. Similarities in population, income levels, age, housing status, car ownership and family type are marked.”  No data were given to back up this surprising statement.

The Commissioner concluded, drawing on SIDRA modelling, that the intersections at Military Road/Belmont Road, Military Road/Gouldsbury Street, and Gouldsbury Street and carpark extending to Lennon Lane will continue to operate at their existing levels of service.

Currently there are 280 vehicles both ways per hour in Gouldsbury Street. An extra 50 vehicles an hour (based on RMS guidelines) would result in an 18% increase and would have a major impact on intersection queuing time. The Gouldsbury Street exit to Military Road is already extremely congested and at times dangerous in both directions.

Failure to view site in normal conditions

The Commissioner failed to attend the site in normal (post-covid lockdown) conditions. This would suggest any conclusions drawn from the site visit pertaining to traffic, parking and pedestrian safety would be flawed.

Failure to consider the public interest

The Commissioner acknowledged that Mosman Council received 538 submissions from residents in relation to Woolworths’ initial development application, with only 11 submissions in support of the proposed development.

The DA was notified a second time following amendments to the proposal in June 2021 at which time the Council received a further 198 submissions, again mostly opposing the development.

The Commissioner dismissed the views of the overwhelming majority of residents, implying they were ill-informed and of no consequence.

The Commissioner stated (para 152) that “some objections were founded on the ease with which residents of the local area could drive to the existing Woolworths supermarket at Neutral Bay, should they choose. This particular argument only encourages the conclusion, in my mind, that residents who consider a Woolworths in Mosman to be unnecessary because they are able to drive to one in Neutral Bay are likely part of the very traffic congestion of which they, perhaps with good reason, complain.”

The Commissioner does not cite relevant submissions, nor report how many such submissions were made. 

The generalised and pejorative nature of the Commissioner’s conclusion, without any supporting evidence, falls short in analytical rigour and displays unwarranted disdain for legitimate community concerns.

As the MLPP observed in its rejection of the development application, local opinion is a critical part of the public interest.

Further issues

We are also concerned that some information has not been made available to the public.

Within the judgement reference was made to a number of reports and plans not made available to the public, including:

• Reviews by Cardno
• Reviews by Council Officers
• Design of the footpath extension to the north of the site.

The design of the footpath extension would mean the loss of trees and reconfiguration of parking, loading, lighting and drainage.

Appealing the judgment

From a community perspective, the judgment does not appear to have appropriately considered substantive issues which will have a detrimental impact on residents and businesses in Mosman.

We understand Council is seeking legal advice on the prospects of an appeal against the judgment.

Councillors are meeting today (9 November 2021) for the last time before Council elections in December.

The Mosman Local Planning Panel (MLPP) will determine Woolworths’ development application at a public meeting scheduled for 12pm, Wednesday, 18 November 2020.

Despite numerous significant issues raised by local residents and businesses in over 500 submissions to Council earlier this year, Council’s Director Environment and Planning (E&P) has recommended approval of the application.

In response, members of the community with expertise in traffic and planning intend to address the MLPP to challenge the recommendation, particularly with respect to issues of traffic, parking and public interest.

You can apply to address the MLPP regarding the Woolworths proposal by clicking here. Applications must be submitted before 2pm, Thursday, 12 November. Addresses to the MLPP are limited to 3 minutes duration.

To access Council’s Assessment Report in full click here.

Since the report is 223 pages in length, we have provided notable excerpts below (in italics). Emphasis has been added in bold.

REPORT’S EXECUTIVE SUMMARY

The application is referred to the Mosman Local Planning Panel as there have been 10 or more unique objections.

The main issues in the assessment of this application are:

• traffic and parking impacts;
• economic and social impacts;
• amenity impacts on surrounding properties;
• and impact on the character of the area and village atmosphere.

The proposal is assessed as satisfactory and is recommended for approval subject to conditions.

TRAFFIC

In consultation with [consultants] Cardno, Council’s traffic engineers have reviewed the applicant’s response to the items raised in the peer review. Based on this review, it was determined that the Applicant’s traffic impact assessment and supplementary response materials satisfactorily addresses the traffic and parking items raised during this process, subject to the adoption of certain conditions of consent.

SOCIAL & ECONOMIC WELFARE AND ENVIRONMENT

The proposal provides for the continuation of retail uses on the site. Subject to the recommended conditions of consent, the proposal will not have any unreasonable economic or social impacts on the locality or negative impacts on the natural environment that would warrant refusal of the application.

DESIGN & AMENITY OF THE BUILT ENVIRONMENT

The proposal is sympathetic to the heritage streetscape of Military Road and will result in good design and amenity of the built environment.

SEPP – IMPACT ON MILITARY ROAD

Having regard to the recommendations of the traffic engineer, the safety, efficiency and ongoing operation of Military Road will not be adversely affected by the development as a result of the design of the vehicular access to the land or the nature, volume or frequency of vehicles using the classified road to gain access to the land

MLEP – HOUSING OPPORTUNITIES

No residential use is proposed. The site is zoned B2 Local Centre and the use proposed is consistent with the permissible land uses in that zone. Conditions of consent are included in the recommendation to ensure the proposal does not have any unreasonable adverse impact on residential amenity.

MLEP – BUSINESS OPPORTUNITIES & EMPLOYMENT

The proposal provides a retail use that will provide a variety of goods and services to service the needs of those who live, work and visit the local area. The proposed use will provide on­ going employment opportunities. Having regard to the advice provided by Leyshon Consulting, the proposal will not result in unreasonable economic impacts in the locality that would warrant refusal of the application.

MLEP – LIMIT POTENTIAL FOR ADDITIONAL TRAFFIC…

The proposal supports public transport, cycling and walking in that:

• The site is located in a highly accessible location being within close proximity to a number of bus stops that provide services to the local area, the city and other centres including North Sydney and Chatswood;
• It provides improved pedestrian linkages within the locality with the provision of a pedestrian through site link. Conditions of consent are recommended requiring the provision of a pedestrian link within Lennon Lane; and
• It provides bicycle parking facilities which will encourage customers and staff to ride to and from the supermarket. A condition of consent is recommended requiring the provision of end of trip facilities that will further encourage staff to cycle to work.

The assessment has found that subject to the recommended conditions of consent, the proposal will not result in unreasonable additional traffic on the road system.

MLEP – ENHANCE VIABILITY, VITALITY & AMENITY OF LOCAL CENTRE

The proposed supermarket and cafe use is permissible in the B2 zone and provides for the continuation of these uses within the local centre.

The proposal is consistent with the existing and desired future character of the Mosman Junction Business Centre as outlined in the BCDCP. The proposal will maintain the Military Road heritage streetscape through the retention of the facades of a row of traditional two storey shopfront buildings, four of which are identified as having contributory status within the Military Road Heritage Conservation Area. The addition to the rear, whilst contemporary is modest in scale and will not detract from the Military Road streetscape.

The vitality of the centre will be enhanced through the provision of an active frontage to Military Road and additional activity within the centre that the use will attract. The proposed trading hours extend into the evening period which will support the local night time economy providing enhanced vitality in the evening whilst maintaining appropriate residential amenity.

The proposal satisfies this objective.

PARKING

The BCDCP requires the provision of 1 space per 16m2 of Gross Floor Area. It notes that a Traffic and Parking Impact Study is required for developments with over 500m2 of Gross Floor Area. This is not specific to a type of development. The RMS Guide to Traffic Generating Developments provided a car parking rate for supermarkets of 4.2 spaces per 100m2.

The Traffic Report (February 2020) prepared by CBRK finds that the BCDCP would require 56 spaces and the RMS Guide would require 37 spaces.

The proposal provides 18 spaces. This includes 2 mobility spaces and a staff allocated space. Two additional spaces are provided within the public laneway. The applicant has not applied for any credit as is normally the case with these types of developments.

To vary Council’s DCP on parking controls and traffic generation rates, the most appropriate mechanism is the use of comparative surveys. The applicant has provided a detailed comparison to 3 different Woolworths stores in Sydney their Traffic Report. They have provided information to support a parking demand of 1 space per 49.4m2 of Gross Floor Area which results in a need for 18 spaces. Council’s Traffic Engineers and Cardno have reviewed this information and consider it acceptable.

Conditions of consent have been recommended to ensure:

• There is no more than 1 reserved staff parking space;
• There are adequate accessible spaces; and
• There are bicycle and motorcycle spaces.

CARPARK MANAGEMENT

Conditions of consent have been recommended in order to manage the direction of traffic in the carpark and for the applicant to provide at their cost signage and electronic monitoring of the occupancy of spaces. This will be linked to Council’s existing electronic parking management system. Conditions of consent have also been recommended reducing the proposed operating hours of the site which will reduce the impact of the carpark.

PEDESTRIAN SAFETY & CONNECTIVITY

Conditions of consent have been recommended for the applicant at their cost to install a pedestrian link connecting Gouldsbury Street to the site through the laneway. There is also a condition of consent recommended to include a public right of way through the site to Military Road.

LOADING & DOCK MANAGEMENT

Click and Collect is no longer part of the proposal and this will be reinforced via a condition of consent. A condition of consent has also been imposed for the applicant to lodge a Loading Dock Management Plan covering the following:

• Details for safe ingress and egress
• Movements in peak periods
• Management of incidents
• Management of any conflicts with vehicles and pedestrians.

PUBLIC INTEREST

The proposal is consistent with the existing and desired future character of the Mosman Junction Business Centre as outlined in the BCDCP. The proposal will maintain the Military Road heritage streetscape through the retention and restoration of the significant fabric of a row of traditional two storey shopfront buildings, four of which are identified as having contributory status within the Military Road Heritage Conservation Area. The addition to the rear, whilst contemporary in design is modest in scale and will not detract from the Military Road streetscape.

The proposal provides for the continuation of a retail use on the site with a supermarket and cafe proposed. The site is in a highly accessible location which will encourage alternative modes of transport.

The proposal incorporates the principles of ecologically sustainable development through various mechanisms, including the adaptive reuse of a row of buildings of heritage value with the retention of part of these buildings. The proposal can be carried out in a manner that is consistent with the principles of ecologically sustainable development.

The impacts of the proposal on residential amenity will be acceptable subject to the recommended conditions of consent, as the proposed land use is consistent with the zoning of the site, and impacts are commensurate with what could be reasonably expected for a development of the nature proposed.

The most common issue raised in the submissions received was the lack of parking and on­going traffic impacts of the proposal. Having regard to the advice provided by Cardno, the proposal will not result in unreasonable additional traffic on the road system and the provision of on site parking is reasonable. The conditions recommend by Cardno to ameliorate impacts associated with the development are included in the recommendation.

Another common issue raised in the submissions received was that the proposal would damage the village atmosphere and character of the shopping strip. A number of submissions raised concern with impact on existing shops and the personal impact of the potential loss of existing fresh food retailers in the shopping strip as a result of competition from Woolworths. Submissions raised concern with the proposal resulting in diminished choice, by driving out smaller businesses that offer a delicious and wider variety than the already extensive supermarket options in the area. Having regard to the advice provided by Leyshon Consulting, the proposal will not result in unreasonable economic impacts in the locality. The proposal provides a cafe and supermarket use that will provide a variety of goods and services to service the needs of those who live, work and visit the local area. The applicant has advised that Woolworths Metro supermarkets are designed with the intent of meeting the everyday needs of a customer and given the smaller format the Metro stores and their product range, are specifically curated to the needs of the local community.

The proposal will not adversely alter the built environment or character of the overall Mosman shopping strip and will be required to maintain an active frontage to Military Road. The design incorporates a high level of materiality and demonstrates a fine grain active frontage with the buildings architecture and combined with the public domain improvements and ground level retail and café use, will activate the Military Road street frontage. The majority of shops in the shopping strip will remain as small individual shop­fronts. Leyshon Consulting have found that given Mosman is not a price sensitive market it is possible that local residents will continue to patronise the existing fresh food retailers in the shopping strip and therefore will likely maintain the relationships formed with those retailers.

The proposal provides an employment generating use in an accessible location. The Economic Needs Assessment identifies that the Woolworths Metro is projected to employ 42 people an ongoing basis. The development would also create employment during the construction phase.

The proposal will deliver public benefits including a new through site link, the widening of Lennon Lane and public domain improvements within both Military Road (including the removal of a redundant driveway crossing) and Lennon Lane.

On balance this assessment finds that proposal [sic] is in the public interest.

ACRONYMS

• SEPP – State Environmental Planning Policy
• MLEP – Mosman Local Environmental Plan
• DCP – Development Control Plan
• BCDCP – Business Centre Development Control Plan

Woolworths taking Council to Land & Environment Court

In a disappointing but not unexpected move, Woolworths is challenging the Mosman Local Planning Panel’s recent decision to refuse its development application for a Metro supermarket in Mosman village.

By appealing to the NSW Land & Environment Court, Woolworths is using its deep pockets to ignore overwhelming community opposition and dispute the local independent umpire’s unanimous rejection of its unsuitable and inadequate development proposal.

The MLPP determined that the proposed development:

• fails to satisfy the Aims of the Mosman Local Environmental Plan 2012
• fails to satisfy the Aims of the Business Centres Development Control Plan 2012
• is unsuitable having regard to the NSW Environmental Planning and Assessment Act 1979
• has inadequate provision for parking
• has adverse outcomes for pedestrian safety
• is contrary to the public interest

Despite the unequivocal judgement of the MLPP and the sustained opposition of the community, Woolworths continues to assert that its proposal “is consistent with the planning framework” and “will make a positive contribution to the area”.

We expect Council to vigorously defend the MLPP’s decision.

We’ll keep you posted as the lengthy and complex process of the appeal plays out.

In the meantime we remain hopeful that Woolworths comes to its senses and acknowledges that it is throwing good money after bad on an ill-conceived project on a totally inappropriate site, all the while further damaging its reputation and losing the goodwill of the community and its current and prospective customers.

Woolworths has responded to issues raised by Mosman Council (May 2020) in relation to its proposed development of a Metro supermarket in the heart of Mosman Village.

And a preliminary environmental investigation has identified carcinogenic contaminants on the site.

Site contamination

The preliminary environmental investigation “identified carcinogenic polycyclic aromatic hydrocarbons (PAHs) within fill soils [on the site] at concentrations which pose a potential risk to human receptors.”

At its request Woolworths has been granted an extension of time to provide the following to Council:

• a detailed report of the site contamination
• a remediation action plan
• a site audit by an EPA accredited auditor

13 October 2020 deadline

Council has advised Woolworths that “no further extension will be permitted. If the documentation is not submitted by 13 October 2020 the application will be refused without further consultation.”

Woolworths’ response to Council’s issues

As reported in May, Mosman Council’s Executive Town Planner raised numerous substantive issues in relation to Woolworths’ development application.

Ethos Urban (consultants) provided the following response on behalf of Woolworths:

urban-ethos-response-to-council-2020-07-21

Documents referred to in the correspondence from Ethos Urban are available via the following links:

• Traffic and parking statement addendum letter
• Revised architectural drawings
• Economic needs assessment addendum letter
• A photomontage of the proposal from Military Road
• Revised plan of management prepared by Woolworths
• Acoustic assessment addendum letter
• Preliminary site investigation (contamination report)
• Construction management plan
• Revised arborist’s report
• Revised site survey
• Revised structural design statement
• Revised accessibility statement
• Landscape plan
• Revised waste management

Traffic, parking and pedestrian safety not adequately addressed

The community remains very concerned that significant issues related to traffic, parking and pedestrian access and safety have not been adequately addressed by Woolworths.

In particular:

• traffic flows along and between intersections of Military Road, Belmont Road, Gouldsbury Street and neighbourhood roads have not been comprehensively surveyed or analysed:
  • surveys were limited to Thursday afternoon and Saturday midday in December 2018
  • analysis used simplistic demand/capacity ratios and did not take into account interaction between intersections such as queuing from one intersection impacting the operation of another
  • survey and analysis of seasonality of traffic flows has not been performed
• the interaction of the entrance and exit of the proposed car park and truck loading dock with Gouldsbury Street has not been adequately surveyed or analysed
• pedestrian access and safety around and through the car park has not been satisfactorily addressed
• impacts on pedestrian, rider and driver safety due to increased traffic and congestion have not been addressed
• environmental (noise, pollution) impacts due to increased traffic generation and congestion have not been addressed
• car parking
  • proposed parking has been reduced from 20 to 18 spaces
    • Council planning code requires 56 spaces
    • RMS requirement is minimum 35 spaces
  • the parking survey method (simply observing customers at Boronia Park and Rozelle stores) used by Woolworths’ traffic consultants to justify 18 spaces does not take into account factors impacting traffic and parking generation, including
    • local and visiting car usage
    • demographics
    • geography
    • nearby parking availability
    • altered shopping patterns during a pandemic
  • the proposed layout of the car park is very tight and undersupply of parking spaces is likely to lead to reversing/multiple turns in the laneway and car park
  • the layout of the laneway to the north of the site remains unresolved
  • the proposed mixture of truck and car circulation is poor design practice
  • contrary to the traffic consultants’ assertion, “linked trips to other [shopping] destinations” do increase demand for parking as shoppers will stay longer and thus reduce availability
  • a survey of current supermarket parking demand and usage in Mosman has not been and should be done

Some improvements

Woolworths has amended its proposal in response to Council as follows:

• no trolleys are proposed to service the supermarket
• click and collect internet shopping is no longer proposed
• the rear carpark wall design has been amended to provide “more visual interest”
• proposed walkways along Lennon Lane have been widened
• all new and existing doors and windows will be timber
• more canopy planting is proposed for the car park
• signage design has addressed Council concerns
• proposed car park and loading dock layout have been amended to clockwise flow with intention to improve safety and operational flow (with reduction in car parking spaces from 20 to 18)

Keeping you informed

We will keep you informed as more information comes to hand.

Best wishes to all, and please keep on supporting our great local shops and businesses.

Mosman Council’s Executive Town Planner has raised numerous substantive issues in relation to Woolworths’ development application for a Metro supermarket in the heart of Mosman village.

In a letter from Council to Woolworths dated 20 May 2020, the Executive Town Planner states that 26 major issues must be addressed to progress the assessment of the application.

The letter addresses many issues raised earlier this year in more than 500 community submissions expressing concern and opposition to the proposed Woolworths’ development.

Mosman-Council-Issues-Letter-To-Woolworths-2020-05-20-2

Given the extraordinarily high level of community concern and engagement it is very encouraging that Council’s initial formal response to Woolworths’ application thoroughly addresses so many of the issues raised in the community submissions.

Thank you again to all who took the time to consider and express your views on the proposed Woolworths’ development.

Council requires Woolworths to provide a full response to the issues raised by 3 June 2020.

Council has also suggested that Woolworths “may wish to consider withdrawing the application”.

We will keep you posted as the matter progresses.

In the meantime, please stay safe and well. And keep supporting our wonderful local shops and businesses!

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PLANNING ACRONYMS

BCA Building Code of Australia
BCDCP Business Centres Development Control Plan
CPTED Crime Prevention Through Environmental Design
DCP Development Control Plan
DtS Deemed-to-Satisfy
GFA Gross Floor Area
GLA Gross Leasable Area
HCA Heritage Conservation Area
HIS Heritage Impact Statement
LAE A-weighted, sound exposure level
LEP Local Environment Plan
LDMP Loading Dock Management Plan
LOS Levels Of Service
MGB Mobile Garbage Bins
MLEP Mosman Local Environment Plan
MRV Monitoring Reporting and Verification
MRV Medium Rigid Vehicle (Truck)
POM Plan of Management
RBL Noise Rating Background Level
RL Real Live
RNP NSW Road Noise Policy
SEE Statement of Environmental Effects
SEPP State Environment Planning Policy
SIDRA Traffic Analysis used for modelling individual intersections
SRZ Structural Root Zone
TMP Traffic Management Plan
TPIS Traffic and Parking Impact Statement
TPZ Tree Protection Zone
TR Traffic Report
VTA Visual Tree Assessment
WMP Waste Management Plan

Woolworths’ development application for a Metro supermarket in Mosman village has provoked (what we believe is) a record number of submissions from neighbouring residents, property owners and the Mosman community at large.

This is an extraordinary response, and even more extraordinary considering the profound local and global impact of the COVID-19 pandemic.

The 500+ submissions demonstrate there is overwhelming community concern and opposition to Woolworths’ proposed development.

Thank you to everyone who took the time to express your considered views on Woolworths’ proposed development – what you value about Mosman village; what impacts the development would have on traffic, schools, local businesses and social amenity; and whether the development serves the public interests of the community.

You can view all 500+ submissions on Council’s website here.

Where does it go from here?

Because the Woolworths’ DA has attracted significantly more than 10 unique submissions, it will be considered a contentious development and referred to the Mosman Local Planning Panel (MLPP) for determination.

The MLPP is comprised of independent experts and makes final and independent determinations of development applications on behalf of Council. More information about LPPs can be found on Mosman Council’s website and the NSW Government’s website.

What will the MLPP take into consideration in determining the DA?

The MLPP must take into consideration Section 4.15 of the Environmental Planning & Assessment Act when making its determination:

This means the MLPP must take into account the Mosman DCP (Development Control Plan) and Mosman LEP (Local Environment Plan).

The DCP states its aims for business centres as:

The LEP states its aims as:

Does Mosman Council make a recommendation to the MLPP?

And if so, does Council take the community submissions into account and is the MLPP required to take Council’s recommendation into account?

Council officers will prepare an Assessment Report with recommendations based on relevant matters in the Environmental Planning & Assessment Act, Section 4.15. These matters include consideration of submissions, the suitability of the site and public interests.

The assigned Council officer (Executive Town Planner) is responsible for coordinating the preparation of the assessment report, with input from other officers and technical consultants. This then will be vetted by the Manager of Planning and that becomes the assessment report with recommendations.

The report is not considered at a Council Meeting.

The report will be considered by the MLPP along with their own analysis of the issues. The MLPP can ask the Manager of Planning for additional analysis or information if they consider there are gaps in the assessment.

Will the MLPP take the Community submissions into account?

Yes.

The MLPP must take into consideration any submissions submitted as part of the DA process.

Issues raised by the community will be an important consideration for the panel.

Submissions from people who live close by generally have more weight.

Can community members address the MLPP?

Community members can address the MLPP hearing.

To register to address the MLPP in relation to an item listed on the agenda, an Application to Address Mosman Local Planning Panel must be submitted by noon on the day before the meeting. This form is available on Council’s website here.

Addressees have three minutes to address MLPP. The Chairperson of the meeting will only allow a member of the public to address the panel once per item unless new and significant information is to be presented (in which case the person must advise why any such new information is considered to be significant).

How will MLPP Hearings be conducted under COVID-19 restrictions?

From the NSW Government website:

Continuing the functions of the local planning panels (LPPs) is crucial to ensuring independent and transparent oversight in the determination of housing, community and commercial facilities and infrastructure for the people of NSW.
 
Public panel meetings are a key pillar of our planning system as they give people the opportunity to express their views directly to the determining body before a planning decision is made.
 
With face-to-face public panel meetings no longer an option, holding meetings by virtual means, such as by teleconference, will be a necessity until further notice.
 
There is no requirement for panel members or members of the public to attend panel meetings in-person.
 
Just as was the case for physical meetings, virtual meetings will be audio recorded and published on the council’s website.
 
Your council can provide further details on how its local planning panel will continue to operate.

See Council’s MLPP registration page here.

When is the MLPP likely to hold hearings on the DA?

Given the current COVID-19 lockdown, the assessment process is likely to take 2-3 months.  As a result it is unlikely that the matter will be considered by the MLPP until June or July.

We will keep you updated as information comes to hand.

If the MLPP rejects the DA or imposes conditions restricting the operation of the proposed facility, will Woolworths have an avenue of appeal and if so is it the Land and Environment Court?

Yes. And yes.

Make your submission to Council now!

Woolworths has lodged a development application for a Metro supermarket, cafe, 20-space car park and truck loading area which will retain the facades but require substantial demolition of the existing properties between the Westpac building and the Mosman Club.

Proposed trading hours:

• Monday to Saturday – 6am to 11pm
• Sunday – 6am to 10pm

Proposed car park hours:

• Monday to Saturday – 7am to 10pm
• Sunday – 8am to 10pm

Proposed delivery management:

• deliveries Monday to Sunday between 9am and 2pm
• deliveries on public holidays
• delivery trucks up to 8.8m in length, required twice daily
• up to 5 additional supplier truck and van deliveries daily
• via Spit Junction along Military Road to Gouldsbury Street

Proposed trolley management:

• may be used on site
• expect predominant basket shopping

Proposed waste management:

• 6 x 11000L bins (general and recycling) at rear of premises
• waste collection 3 times per week using small rigid vehicles
• cardboard collection 2-3 times per week

Woolworths’ development application documents can be found by clicking on the following links:

• building plans
• traffic and parking impact statement
• economic impact assessment
• heritage impact statement
• acoustic assessment
• community consultation outcomes summary
• landscape plans
• full plan set
• 3D model – street level
• 3D model – fly around

Click here for a complete list of documents, including current submissions.

We urge all residents concerned by any aspect of the proposed development to make their submissions before the end of March.

Submissions objecting to the DA can be made by:

• clicking on this link to Council’s DA tracker then “Make a Submission”
• emailing council@mosman.nsw.gov.au

The development application will be referred to the Mosman Local Planning Panel if a sufficient number of individual and unique submissions are made.

To assist residents with making a submission we are providing several suggested drafts. We encourage you to copy, paste, edit and adapt these drafts to appropriately express your individual concerns.

Object to DA on grounds of increased traffic and insufficient parking

Development Application Number: 008.2020.00000024.001
Applicant: Fabcot Pty Ltd
 
I wish to object to the DA referred to above.

My objection is based on major concerns I hold regarding the issue of safety, traffic and parking.

There are significant shortcomings and several significant omissions in the traffic analysis conducted by CBRK to support this application. 

The analysis ignores RMS guidelines on issues such as:

1. road safety effects
2. annual daily traffic/seasonality/historic trends
3. amenity and environmental impacts
4. impact on pedestrians in the vicinity

The major traffic flow and pedestrian impact will be on the Military Rd/Belmont Rd intersection with two large schools in close proximity. This intersection is already congested especially at school drop off and pick up times. The CBRK study appears to have been conducted only at “weekday afternoons and Saturday midday peaks” and overlooks this fact.

The development, if approved, would have a significant impact on local roads and access to Military Rd. I do not believe the traffic analysis has taken into account the reality of customers, smaller delivery trucks and home delivery vehicles using The Crescent to gain access to Military Rd via Vista St or Cowles Rd using Art Gallery Way.

Returning to Military Rd from Gouldsbury St (currently stated to be 275-280 vehicles per hour) will be extremely difficult as many of the vehicles wish to turn right - this impact was not modelled.

Some pedestrians seeking to access the store from the eastern side of Military Rd will attempt to cross opposite Gouldsbury St. This will be a major safety issue.

Woolworths claim that 80% of customers will walk to the proposed Metro store needs to be challenged. 

Mosman has a high proportion of older residents who will drive not walk. Customers from Balmoral, Clifton Gardens and the north side of Military Rd, including Beauty Point will drive to the store. 

The detrimental impact on traffic throughout Mosman, and in particular on the roads and streets in the vicinity of the development, will be greater than stated in Woolworths' application.
 
If substantially more customers drive to the proposed store than modelled by CBRK, parking will be a major issue, not only in the immediate vicinity of the store but also on all nearby Council car parks.

The CBRK analysis ignores both the Council DCP requirement of 56 spaces the RMS guideline of 35 and claims 20 car spaces will be adequate.

The justification for this assertion is the use of parking facilities at Newtown and Rozelle. There is a substantial difference in population density and demographics between these suburbs and Mosman. These are unrealistic comparisons.

The likelihood of loading zones being required on Military Rd (notwithstanding the loading dock) in front of the store, as already exists in the area between the Post Office and Raglan St, is high. 

Even without this potential change parking for customers of neighbouring shops will become extremely difficult. 

I believe that unless these issues can be addressed by Woolworths the development application for a Metro store should not be approved.

Object to DA on grounds of proposed trading hours

Development Application Number: 008.2020.00000024.001
Applicant: Fabcot Pty Ltd

I object to the above development based on the proposed trading hours of: 

• Monday to Saturday – 6am to 11pm 
• Sunday – 6am to 10pm 

My objections are:

1. If approved, this will create a precedent for any future large scale developments by Woolworths.

2. The trading hours sought will put more pressure on smaller local businesses and threaten their viability. There is evidence of local store closures in the proximity of established Metros such as Potts Point and Kirribilli.

3. The peace and quiet of the neighbourhood will be severely disrupted if these hours are approved.

Trading hours should be limited to 7am to 9pm on all days of the week. 

Object to DA on grounds of public interest and impact on local retailers

Development Application Number: 008.2020.00000024.001
Applicant: Fabcot Pty Ltd

I value the range and mix of small retail shops in Mosman. I believe it serves the needs of the local community very well and that a new Woolworths store will significantly undermine the viability of this highly desirable retailing shopping strip. As such I believe the construction of a Woolworths Metro in the proposed location is not in the public interest.
 
The proposed development of a Woolworths at Mosman Junction will undermine the mixed use nature of shopping in the area.

Mosman is currently serviced by a range of small good providers, grocery stores, and bakeries which will be directly impacted by the Woolworths development. The community of Mosman has supported and valued these businesses for many years. The Woolworths Metro will inevitably see some if not most of these stores buckle under, unable to compete with an international competitor with the capacity and the desire to corner the market.

The public interest is not served by this outcome. The public interest is served by a range of retail offerings in a local neighbourhood strip shopping environment. The establish nature of this mix and the planning outcomes, plus the public infrastructure that has evolved around this mix is a vital element reinforcing the community nature of the shopping strip. 

The position of Woolworths away from the core Mosman Junction retailing strip is significant. This core retail strip is primarily focused on the eastern side of Military Rd from the Belmont St intersection to the corner of Raglan St. This area, with the Post Office, bakers, chemists, butcher, shoe repairs, clothing, and cafes is well serviced with direct access to the Raglan St East carpark.
 
The proposed location of the Woolworths Metro on the western side of Military Rd near the corner of Belmont Rd will change pedestrian and traffic movements in a detrimental way. Shifting the focus away from the established strip to an area with a large number of potential conflicts related to the location of the two public schools (Mosman High and Mosman Public) and the Civic Square, Council Chambers and Library areas serviced by the Crescent public carpark.

Object to DA on grounds of impact on neighbouring residents

Development Application Number: 008.2020.00000024.001
Applicant: Fabcot Pty Ltd

I/We wish to object strongly to the proposed Woolworths Metro development at 731-741 Military Rd Mosman.

I/We live at (INSERT ADDRESS), Mosman.

I/We will be severely impacted by the proposed development.

I/We will be affected by ambient noise emanating from the store's operation, increased traffic and car park lighting. 

I/We am/are also concerned at the prospect of losing 8 mature trees from our nearby environment.

Noise pollution caused by car and truck traffic is particularly concerning. 

The DA's Plan of Management (page 7) under ‘Direct Deliveries’ suggests the Store Manager will have considerable discretion relating to delivery management.

If the application is approved I/we request that Council impose the following conditions:

1. that delivery times apply to all vehicles including smaller trucks,  collection and deliveries to homes for store shoppers

2. that Council monitor and enforce compliance with proposed delivery times for all vehicles

In the Plan of Management (3.3) a set of steps are outlined should there be noise complaints. It is proposed that the Store Manager will have responsibility to investigate and take “appropriate action”. I/We do not believe this is sufficient to ensure fair and equitable outcomes for neighbouring residents.

The proposed opening hours of the car park are 7am to 10pm. If the application is approved I/we believe the car park should be closed no later than 8pm, as noise is amplified in the evenings and extended car park lighting will adversely impact neighbouring properties.

I/We believe the likely volume of walk-up trade will be far greater than the documents supporting the DA suggest. The DA states 80% of trade is anticipated to be walk-up and this seems to be based upon comparisons with other Metro locations such as Newtown and Rozelle. These locations are not comparable with Mosman. 

Increased car and truck movements will have a major detrimental impact on our quality of life. 

I/We object to proposed development unless the issues raised above can be fully addressed.

Impressions and street plan taken from Woolworths’ DA

Woolworths changes tack and downsizes its plans

Huge community opposition to a proposed massive Woolworths’ development in the heart of Mosman Village has forced the supermarket giant to change course and announce plans for a significantly smaller store which at first sight appears to preserve the existing building envelope, heritage facades and village streetscape.

Big is banished

This is what was proposed by Woolworths only a few months ago –

Small is beautiful?

This is what Woolworths is now submitting to Council and the community for approval –

Woolworths is proposing to build a “small-format Metro store” (up to 500 square metres) on the ground floor behind the existing facades of 731-741 Military Road, between Mosman Club and what was Pasta Zu, with the latter becoming a cafe.

To quote Woolworths, “If approved, the Metro store will use the existing two-storey buildings, and will involve restoring the heritage shopfronts and retaining the high street atmosphere.”

Also proposed is a laneway between the new cafe and the Metro store, with 22 additional car spaces and a delivery dock at the back.

Woolworths states the Metro store is intended to target ‘walk-up’ rather than driving customers, with basket rather than trolley shopping predominating.

Woolworths also says that there will be two mid-sized (8.8m) truck deliveries a day via the rear lane. This does not include an unspecified number of deliveries from specialist providers.

Woolworths’ website also claims that a report by its traffic consultant found that “the surrounding road network can satisfactorily accommodate the proposal, and all intersections will operate at their existing level of service.”

(This is not likely to reassure or convince local residents and visitors who regularly suffer the severe congestion at the Military Road intersections with Belmont Road and Gouldsbury Street. Woolworths’ traffic report will be lodged with its DA, so Council and residents will have an opportunity to critique its analysis then.)

Can Woolworths restore community trust and good will?

In changing its plans for Mosman, Woolworths also appears to have changed its approach and acknowledged that it needs to be more open and directly engaged with the community.

It would be fair to say Woolworths will have its work cut out rebuilding the trust and good will it has lost within the community over the last year or so.

Woolworths held an informal “community drop-in-session” to view its plans and to “meet the project team” on 4 December 2019 at the Mosman Art Gallery. If you attended, please share what you learned and what you think by leaving a comment below.

Woolworths has also launched a dedicated website providing details of the new proposal at https://www.mosmanmetro.com. It’s worth a thorough look if you want to know the full picture – as Woolworths paints it.

Of immediate concern is that Woolworths may lodge the Development Application just before or during the Christmas holiday period when Council planners have less time to rigorously assess the application.

It would be an auspicious indication of its desire to rebuild community trust and good will if Woolworths delayed lodging the DA until the new year.

We’ll provide suggestions for making submissions when the DA is lodged and Council notifies the public of the application. And we’ll keep you posted along the way.

What do you reckon?

There will be different reactions within the community to the new plans from Woolworths.

Most residents will remain very concerned about the inevitable impact on traffic and local competing retailers.

Some in the community may see it as a good outcome, some may see the proposal as a least-worst compromise, and some may want to continue outright opposition.

Please let Woolworths, Council and your fellow residents know your opinion by leaving a comment below.

Your comments will also assist us here at MVC know better how to represent and articulate the wishes of the community in the weeks and months ahead.

Community counts

The members of Mosman Village Community have demonstrated that community action and speaking out can change the biggest plans of the biggest corporations.

Woolworths was proposing a 3,500 square metre full-line supermarket with hundreds of underground car spaces, 15 retail outlets and dozens of apartments above, requiring the demolition of existing buildings and a massive excavation.

Woolworths is now stating that “Mosman’s unique and loved village atmosphere has actively informed [its new] plans” for a smaller store, and that “the shops fronts [will] integrate with the feel of Mosman Village.”

That’s a change in the right direction, but is it enough?

We will continue to monitor developments, keep you informed, and seek your input and support.

Mosman is overwhelmingly united in its opposition to a mega Woolworths’ development in the heart of the village.

And Woolworths is getting the message loud and clear:

Mosman doesn’t pick Woolworths!

Here’s a tally of the united voices of Mosman.

Mayor Carolyn Corrigan says the majority of councillors don’t support the proposed development.

“My view is that the community would need convincing that there was a sufficient benefit to outweigh the impacts that such a large scale proposal would generate,” Cr Corrigan stated.

Mosman Club has come out swinging, saying it “will not enter into any discussion with Woolworths regarding redevelopment of The Club” and the development is “dead and buried”.

“We have stopped the Woolworths development”, said Club CEO Gerard Boyle.

“Now that we have seen these concept plans for the first time, we agree there is zero appetite within the Board and management to explore a development such as this,” he said.

Mosman Club’s membership surged by 5 per cent as hundreds of residents took up Mosman Village Community’s suggestion and joined the Club to get the benefits of membership and give themselves a say in the future of the Club’s property should it ever be subject to a member vote on an offer from Woolworths.

“We thank our members who always support us, and the new ones joining to support us, and we hope that support continues,” Mr Boyle said.

Roy Bendall, a Mosman councillor and a director of the Club, has declared he “will be leading the charge against this development”.

Our Federal MP Zali Steggall says that she “doesn’t want to see Mosman lose its village feel” and the “choice of where you can do your shopping” shouldn’t be “at the expense of the local community.”

Seph Glew, whose family owns the Westpac building, has publicly declared he’s not willing to sell to Woolworths and will not be swayed by any offer. He even suggested that Woolworths “sell the properties back to us and we would restore them as retail shops.”

A recent Sydney Morning Herald vox pop revealed most people shopping on Military Road were opposed to the Woolworths’ development.

“‘It would ruin our village’, said Kerry Spence, who is nearly 80 and has lived in Mosman all her life. She worried about the competition to local businesses, the traffic hazard for nearby schools and the increase in trucks.”

Here at Mosman Village Community (MVC) we’ve had 1500 residents and households sign up to our membership list.

Local shops and businesses have provided huge support, helping with the printing of flyers, hosting MVC membership forms at their counters, and letting customers know about Woolworths’ plans and our campaign to stop them.

Hundreds of community members have left comments on this website, near unanimously opposed to the development.

Dozens of MVC volunteers circulated leaflets encouraging their neighbours to make a submission to Council on its draft Local Strategic Planning Statement.

Hundreds of residents and ratepayers responded and made submissions to Council seeking a limit on the size of future retail developments in Mosman.

On popular Facebook page Mosman Living locals are overwhelmingly expressing opposition to the Woolworths’ development, and cheering the Club’s decision to block the development.

Another popular local website Mosman Collective has added their support to the campaign.

And the majority of residents at select focus groups run by Woolworths have directly expressed their opposition to the proposed mega development.

Felicity Wilson, our state MP, remains disappointingly silent.

Woolworths gets the message, but will it sell up and move on?

Woolworths’ head of property development, Andrew Loveday, admits “there’s probably not a lot of support for this [large] kind of development at the moment” and that Woolworths will “need to take that away and consider our next steps.”

So will Woolworths listen to the community, respect its wishes, and not push for a development which Mosman doesn’t want?

Will Woolworths consider accepting Seph Glew’s offer and sell up and move on?

We can hope, but Woolworths’ track record here and elsewhere suggests it won’t give up easily and simply go away.

Woolworths was trying to keep its plans under wraps until it was further down the track, but has only come out publicly due to community pressure.

And as you’ll read below, Woolworths has two big reasons why it wants to come to Mosman.

Woolworths’ plans as they stand

Until further notice, Woolworths’ plans are to tear down and dig up as much of the block between Belmont Road and Gouldsbury Street along Military Road as it can get its hands on, and replace the existing buildings and spaces with:

• a huge underground supermarket of more than 3,000 square metres
• a multi-storey residential complex with up to 60 apartments
• a shopping mall with 10-15 retail outlets
• a multi-story underground car park
• a relocated Mosman Club

To fulfil those plans, Woolworths needs to acquire or get control of:

• Mosman Club
• the property on the corner of Gouldsbury Street including its carpark
• the Westpac building on the corner of Belmont Road and its carpark
• the rear public lane
• the rear council-owned car park.

Traffic, trucks & trolleys

Why does Woolworths want a full-size supermarket in Mosman?

Because it has to close both its Neutral Bay stores by 2024.

By then Woolworths’ lease on the Grosvenor Street store from landlord Coles will expire.

And when the Grosvenor Street store closes, Woolworths also has to close its Rangers Avenue store, due to a condition of the development consent imposed by the Land and Environment Court in 2005.

Read the intriguing story of how Coles got to be Woolworths’ landlord in Neutral Bay and details of the lease.

Read the Land & Environment Court 2005 judgment.

That means Woolworths needs to build a store big enough to serve its existing Neutral Bay customers.

And it’s chosen the heart of Mosman village as the location.

An informed back-of-the-envelope estimate suggests that the Neutral Bay stores generate some $120 million in sales per annum, with an average spend per customer per visit of around $86. That equates to 1.4 million visits each year, 26,500 visits each week and a staggering 3,760 visits each day. And these are only averages – peaks shopping times would generate significantly higher traffic.

According to Road & Maritime Services NSW planning guidelines a supermarket of 3,800 square metres (the size of Grosvenor Street alone) would generate close to 620 vehicle trips per hour during Saturday peak shopping times. That’s one car every 6 seconds trying to get in or out of an underground car park, or holding up traffic while accessing an on-street parking spot.

Traffic around Military Road, Belmont Road and Gouldsbury Street is already a nightmare at peak times, not only on busy weekends but during morning and afternoon peaks and school drop-off and pick-up times, and pretty much any time of day.

Whatever the exact numbers may be, there is no doubt that the huge volume of extra traffic drawn from all over the lower north shore to a full-size Woolworths’ supermarket in Mosman would cause extreme traffic congestion and hazards, not just in the immediate vicinity of the store adjacent to two large schools and a pre-school, but along all arterial roads and throughout the suburb’s residential streets.

On top of massively increased car traffic, there will be a significant number of large truck movements every day for delivery, waste-disposal and other services.

With increased traffic and trucks comes increased noise and air pollution. Nearby residents will of course suffer the most.

Woolworths has no solution

Woolworths acknowledged in its June meeting with MVC that traffic would be the single biggest issue. Woolworths said it did not have a solution.

Urgent need for Council to conduct a traffic study

We urge Mosman Council to commission a traffic study to properly inform Council, other planning authorities and the community of current traffic levels and issues, with particular focus on the impacts of any significant increase in the scale of retail development in Mosman village.

Other impacts

Apart from generating traffic chaos, Woolworths’ proposed development would also:

• forever destroy the village character of our main street
• compromise the pedestrian safety of 2,000 school students
• drive many existing local shops out of business
• reduce the variety and quality of food and goods sold locally
• impact neighbouring residents’ quality of life
• diminish the village’s architectural heritage
• threaten The Mosman Club as we know it

What you can do

While we wait to hear what Woolworths’ next moves are, there’s still plenty you can do to ensure we keep up the fight to protect the character and amenity of the village we love.

Join us

Mosman Village Community believes that the village nature of Mosman is one of the things that makes our area a great place to live.

We want to keep a mix of shops offering a range of services in a street front setting. Easy to park, quick to get what you need or to stay longer and enjoy.

If you’re not a member yet, join us now by clicking here. We’ll do our best to keep you informed and give you a voice.

Join Mosman Club

The Club’s property remains central to Woolworths’ plans. Without the Club there is no way the development proposed by Woolworths can proceed.

Even though the Club has stated it is now opposed to the present Woolworths’ development, things may change. Woolworths may amend its plans to make them more attractive to the Club. The Club’s financial position may change due to unforeseen circumstances.

Whatever happens, under the NSW Registered Clubs Act, core property of the Club cannot be sold without the approval of a majority of members.

By joining the Club you’ll not only have all the benefits of membership and be contributing to its ongoing success, but you’ll also have a say – if and when the time comes – whether core property of the Club can be sold.

Club membership is only $10 for the first year or $25 for the first 3 years.

Find out how to join the Mosman Club here.

Boycott Woolworths

Woolworths is tracking you. It knows how many Mosman residents shop online and at its nearby supermarkets, including Neutral Bay, Northbridge and Crows Nest.

Stop shopping at Woolworths to send the signal you won’t support the proposed Woolworths’ supermarket in Mosman.

Support our local shops and keep the village thriving

As Charles Purcell, local resident and Sydney Morning Herald writer recently wrote so eloquently about Mosman:

“It has a genuine village vibe. You see the same people again and again in the flower shop, the fish and chip shop, the many cafes, even the hardware store. There are few tall buildings and many places to meet and greet on both sides of Military Road. This compactness, this familiarity, gives it a sense of intimacy. Its lifestyle is the envy of other suburbs…

“Urban villages are rich in what is known as ‘third places’ – venues apart from the first places of our homes and the second places of work – where people can gather and foster a sense of community.

“For all these reasons, Mosman is indeed home to the ‘village people.”

It’s up to us – the “village people” – to keep the village vibrant and vital, supporting a variety of shops that provide us with choice and connection.

To keep the village as we like it, we need to maintain and increase our support for our local shops, cafes and businesses. If we lose them it will be hard to get them back.

So please, whenever you can, vote with your wallet and make the choice to buy local from someone you know and someone who knows you.

Speak out

Write or talk directly to your council, state and federal representatives and let them know you and thousands of other residents oppose this destructive and irreversible development.

Write to the papers and let your views be known on community forums such as Mosman Living.

Leave a comment or two or more on this website – at the bottom of any page.

We’ve all got to keep making it very clear to Woolworths, our political representatives and the planning authorities that we remain united and committed as a community to stopping a massive and inappropriate supermarket development in Mosman Village.

Share your knowledge

If you have any information or knowledge related to Woolworths’ intentions and activities in Mosman please email us. We will protect the identity of sources if requested.

Spread the word

If you have family, friends, neighbours or associates who are not aware of the community’s campaign to oppose Woolworths’ plans for Mosman, then please let them know.

Lend us a hand

Please let us know if you have knowledge, skills or experience which could help the community stop the development of a massive Woolworths’ supermarket in the heart of Mosman Village.

Chip in

Mosman Village Community has a fighting fund to cover planning and traffic research, legal advice, communication costs and other campaign expenses.

If you would like to make a donation, please click here to find out how.

Following a leaflet drop by Mosman Village Community to all Mosman households, hundreds of residents made written submissions to Mosman Council on its draft strategic planning statement.

Council says there has been “a tremendous response from the Mosman community”.

Here’s an excerpt from Mosman Council’s web site:

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Mosman’s draft Local Strategic Planning Statement (LSPS) – on public exhibition for a six week period from 27 June to 7 August 2019 – has attracted a tremendous response from the Mosman community and others with:

• Over 660 written submissions received
• 80 members of the community attending a public meeting
• 2,200 visits to Council’s consultation website for the project
• 441 downloads of the draft LSPS and supporting documents

The vast majority of submissions received raise concerns about future developments in the local centres, in particular the possible redevelopment of land in Mosman Village for a Woolworths supermarket, and issues such as heritage, village character, scale of retail development, economic viability of small businesses, traffic, delivery vehicle access and pedestrian safety…

Mosman’s draft LSPS sets out Council’s land use planning vision for the next 20 years, and as such the feedback received from this public exhibition is invaluable in ensuring the draft plan responds to community concerns and values – so thank you to everyone who provided feedback.

---

Thank you to all our supporters who volunteered to distribute leaflets around Mosman.

And of course thanks to all members of the community who made a submission to Council or attended the public meeting on the LSPS.

Our voices are being heard!

Read more on what happens next with Council’s strategic planning process.

The Australian Financial Review today wrote a tongue-in-cheek piece on Mosman Village Community’s fight to stop Woolworths and over-development in Mosman, suggesting our opposition ‘is a form of retail snobbery’.

Are we being parochial or protective in our efforts to stop dozens of extra trucks and hundreds of extra cars every day on the already-congested Military Road?

“This is one of the few remaining village-type high streets in Sydney,” says Colin Gunn, a spokesman for the group. “A major shopping centre would change the nature of the village.”

Read of the story here and decide for yourself.

We have received a response from Felicity Wilson to our letter of 5 May 2019.

Ms Wilson says she has “shared [our] views on local planning decisions with the Minister for Planning” and asked him to respond to us.

She has not offered Mosman community any further support, nor expressed any opinion of her own.

Letter from Ms Felicity Wilson MP 20190701

Mosman Village Community has written again to our local member of state parliament, Felicity Wilson, repeating our request for her support in opposing a Woolworths’ development in Mosman.

The letter expressed our extreme disappointment at her previous dismissive responses to community concerns, and asked that she acknowledge her responsibilities as a local member and honour her publicly expressed commitment to “preserve our local character and environment through planning protections.”

The letter was sent to Ms Wilson in early May. We have not yet received a response (as at end of June).

MOSMAN VILLAGE COMMUNITY

14/05/2019

Felicity Wilson, MP
Member for North Shore

Dear Ms Wilson,
                                                    
Subject: Woolworths Planned Entry into Mosman

I have been asked by the Committee of Mosman Village Community group, which opposes any entry by Woolworths into Mosman, to respond to the email from your office which was received in late January this year. The delay in our response is a result of the State elections. 

The Group found the response extremely disappointing, dismissive and unsatisfactory as it did not address our concerns and ignored our request for support from our elected state representative. The final sentence in the letter to you of January 17 stated: “We would be most disappointed if this lack of a detailed plan formed the basis of inaction by those who represent us”.

We acknowledged in our letter to you that, as yet, no DA has been submitted, but strongly believe by the time it is submitted it will be too late to mobilise the community. The issue is not what will be detailed in their DA plans but how their presence will impact on traffic, the village community atmosphere and local shops. 

Notwithstanding this point, when the DA is submitted it is highly improbable that it will be a decision for the local council. More than likely the DA will be determined by a panel appointed by the Minister for Planning.  This removal of local decision making powers was introduced by your government – it is a key matter for your consideration.  Your response stated “If our office can assist you with any State government matter, please don’t hesitate to get in touch”.   This is a State matter which needs to be reviewed with local decision making returned to local communities and their councils. 

Finally we note that in an appeal to voters for support at the recent state election, published in the March  NL magazine, you are quoted as saying “I’ve also increased funding for our public open space and preserved our local character and environment through planning protections.” We ask you to demonstrate your conviction on this issue by publicly opposing any Woolworths development in Mosman and supporting our efforts to stop it.

You should be aware that we intend to publish this letter and your response on our website mosmanvillagecommunity.org.

Yours sincerely,
Jim Slavin     

Let Felicity Wilson know about your personal opposition to a massive Woolworths’ development in Mosman and your expectation that she support the community in this matter by contacting her at:

A	Ms Felicity Wilson, MP Suite 3 40 Yeo Street NEUTRAL BAY NSW 2089
P	(02) 9909 2594
F	(02) 9909 2654
E	northshore@parliament.nsw.gov.au

The President of Mosman Club, Jim Malloch, has addressed concerns regarding Woolworths, assuring members that the “Club’s property is not for sale”.

Below is an extract from the President’s Report presented at the Club’s AGM on 15 May 2019.

… I would like to speak to the Club’s position regarding Woolworths and a possible development around the Club’s property. I can confirm that we have been approached and had some helicopter view preliminary discussions as a Board and executive with representatives of Woolworths, who have confirmed they have purchased property around us. We reported this at the 2017 Annual Meeting.

We remain an interested neighbour, and will continue dialogue with representatives of Woolworths if invited, as it is imperative we understand the environment in which we operate. But I stress the following points:

– The Club’s property is not for sale nor is there any appetite or desire within the Board or members we have anecdotally engaged with to move the Club;

– We are trading better than we have for many years, so there is no need to explore this option;

– We have just spent considerable money refurbishing and rebranding the business to ensure our long term survival.

Further, the Club has received no invitation to deal with, nor any offer from Woolworths. If that changes, The Board will inform the members at that time, but it is premature to engage with the membership now when we are not aware of any plans or DA being lodged. Council has also confirmed they have received none.

To allay any fears, members should understand that if an offer is made by any third party regarding core property that the Board considers material (we do get some ridiculous approaches time to time that are dismissed immediately), it is the members alone who decide whether the offer is to the benefit of the Club, or indeed the community at large. The Board and management would never consider, and are prohibited under legislation regardless, to sell core property without the membership demanding it. It just cannot be done. I cannot be any clearer.

If some people in the community are spreading rumours to the contrary, they are completely and plainly wrong, and their motivations and agendas should be questioned and exposed. The greatest defense [sic] against external threats, including a site development, is a thriving and engaged Club catering to the wider community. Thankfully we have a predominately supportive membership ensuring exactly that.

There has been widespread speculation in the community concerning the possible acquisition by Woolworths of the building at the corner of Belmont and Military Roads currently occupied by Westpac.

The owner of the property has contacted MVC to inform us that the building has not been sold.

The owner further assured MVC that they “have told Woolworths that [they] are not interested in selling.”

On behalf on the community we express our gratitude and appreciation to the owner for resisting Woolworths and preserving this important site within the village.

In the last few weeks hundreds of Mosman residents have signed up as members of Mosman Village Community.

With the enthusiastic cooperation of local shop owners, MVC placed sign-up forms on shop counters and check-outs. The response has been overwhelming.

Many thanks to our local shops and all our new members for joining the fight to oppose a Woolworths development in Mosman village.

If you did sign up, and have not yet received an email welcoming you, we may not have been able to decipher your email address! Please contact us at mail@mosmanvillagecommunity.org and we’ll get you on board.

We have received a very disappointing and dismissive response from the office of Felicity Wilson MP, our local member of state parliament.

We wrote to Ms Wilson seeking her support in our opposition to a Woolworths development in Mosman.

The response made it clear that Felicity Wilson has no interest in listening to or acting on the Mosman community’s concerns, claiming the issue is entirely a council matter and not relevant to her role as a state member of parliament.

This is all the more surprising given that Mosman Mayor Carolyn Corrigan is contesting Felicity Wilson for the seat of North Shore in the looming state election.

We urge MVC members and concerned local residents to make their views known to the current local member at:

A	Ms Felicity Wilson, MP Suite 3 40 Yeo Street NEUTRAL BAY NSW 2089
P	(02) 9909 2594
F	(02) 9909 2654
E	northshore@parliament.nsw.gov.au

Email from office of Felicity Wilson MP, 24 January 2019

Dear James [Jim Slavin]

Thank you for your email. 

I have shared your concerns with Ms Wilson and she appreciates the time you have taken to detail your concerns. As Ms Wilson is currently on maternity leave, she has asked me to respond with the following on your behalf. 

While your email pertains to a Mosman Council matter, Ms Wilson is aware of this issue. 

Our office has been advised by Mosman Council that at present, no development application has been submitted for the creation of a Woolworths supermarket in Mosman. 

Should such an application be submitted, I encourage you to get involved in Mosman Council's community consultation process and liaise with Mosman Council in this regard.
 
If our office can assist you with any State government matter, please don’t hesitate to get in touch.
 
Regards
 
Lisa Forrest
Senior Electorate Officer 

“Woolworths Metro [is] the ‘final nail in the coffin’ for small businesses struggling to compete” writes James Hall at news.com.au, 10 January 2019.

“Woolworths’ new convenience store-style shop in [Kirribilli] has only been open two days but already competitors are feeling the squeeze.”

According to the article the neighbouring fruit shop owner has cancelled his lease and in desperation a nearby convenience store has consolidated its florist business within the main store to cut costs.

The local bakery manager is quoted as saying that the “Woolworths Metro will affect every business in the close-knit community” and “we’re already facing parking problems now and it’s still holidays, when people are back it’s going to be a really big problem.”

We don’t yet know what Woolworths plans are for Mosman, but this story confirms that regardless of size and scale any Woolworths development in the heart of Mosman village will harm its village character, increase traffic congestion and suck the life out of our local shops and businesses.

In November 2018 Mosman Village Community wrote to all directors of Woolworths Group to raise our concerns and opposition to a major shopping development in the heart of Mosman Village.

In early December we received a response from Ralph Kemmler, Director of Property, who has responsibility for Woolworths’ property business nationally, including their “interests in Mosman”.

The response stated “it is important to note that we [Woolworths] are in the earliest stages of investigating what an opportunity in Mosman could look like. This currently includes a review of market demand in the area and discussions with neighbouring landowners.”

Mr Kemmler further said, “my team will undertake a consultation in Mosman in the new year, to understand how a potential future Woolworths investment could help meet local needs.”

The Chairman of Woolworths, Gordon Cairns, responded in late December, stating “Woolworths’ consideration of a possible presence in Mosman is in its early stages.” 

Mr Cairns gave an assurance that “your concerns have been heard by both the Board and the management team.” He further expressed “a commitment to consulting with the community during this process.”

Given the tens of millions of dollars Woolworths has already spent we would expect they are much further down the planning path than their responses suggest.

And despite the pro forma assurances, we remain concerned that community consultation has so far been non-existent and will, if undertaken, be solely on Woolworths’ terms, limited in scope and unlikely to put community concerns and opposition ahead of Woolworths’ commercial  interests. 

Our letter to Woolworths may be viewed here. Chairman Gordon Cairns’ response may be viewed here. Property Director Ralph Kemmler’s response may be viewed here.