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.