Council Decided – 1 March 2022

Vale Neil Balnaves AO

Mayor Carolyn Corrigan paid tribute to celebrated philanthropist, businessman and Mosman resident Neil Balnaves AO, who passed away following a tragic accident on 19 February. Mayor Corrigan acknowledged Neil as a much loved and admired contributor to the Mosman community and a great supporter of the arts. Neil’s generosity to the Mosman Art Gallery in particular was recognised, including a donation of early Australian Impressionist paintings depicting Mosman and surrounds worth well in excess of $1 million and referred to as The Balnaves Gift. To honour Neil and his great contribution to the arts, and to mark the 10th Anniversary of The Balnaves Gift, Mosman Art Gallery will re-hang the complete collection of works donated by Neil in May this year. Mayor Corrigan expressed her greatest sympathy, on behalf of Council and the Mosman community, to Neil’s wife Diane, his children Hamish and Victoria, and the extended Balnaves family. 

Council Committees 

Following a resolution of Council in January 2022, further consideration was given to the future operation of Council’s Urban Planning Committee, Expenditure Review Committee and Visual Amenity Community Consultative Committee. It was subsequently resolved by Council that the Urban Planning Committee be discontinued and the Expenditure Review Committee be held in abeyance for reinstatement should the need arise. Council further resolved that the Visual Amenity Community Consultative Committee continue with an amended Charter and to oversee a project, subject to external funding, to revitalise and replace current signage and to look at establishing new signage to interpret places and stories of indigenous history and heritage in Mosman. 

Children and Families Update

Council was provided with an update on childcare in Mosman and on services and support provided more broadly to local children, families and child care providers. Council resolved to continue engaging with children, families and child care providers to assist in the provision of effective and appropriate service delivery and to continue promoting occasional care and building capacity in the child care sector so that children and families can thrive in Mosman. Council also acknowledged the hard work and commitment of Mosman early childhood providers and their staff in supporting families during the COVID-19 pandemic. Further, it was resolved that Council work with Playgroups NSW to understand the appetite for additional playgroups in Mosman including groups for fathers and grandparents, and to write to the Federal Government to apply pressure regarding the high cost of child care. A further report will be provided to Council following release of the results from the 2021 Australian Early Development Census.

Draft Policies – Expenses and Facilities

It is a legislative requirement that, within the first 12 months of each term of Council, a policy is to be adopted addressing the payment of expenses and provision of facilities to the Mayor and Councillors. Mosman Council has also extended this practice to include a further policy for the payment of expenses and provision of facilities to the General Manager. Draft policies for both purposes were considered by Council and it was resolved that the policies be endorsed for public exhibition. The draft policies will be posted on this website for comment and the matter then referred, with details of any submissions received, to the 3 May Council meeting.

Mosman Scenic Protection Area

A report was presented to Council outlining the results of recent consultation on Council’s Planning Proposal to rezone land within the Mosman Scenic Protection Area (SPA) from R2 Low Density Residential to C4 Environmental Living, together with associated changes to the Mosman Residential DCP 2012. Noting the submissions received during the public exhibition period and after hearing from residents at the meeting, Council resolved to endorse the Planning Proposal including amendments to remove lots with less than 50% lot area within the SPA and to reflect changes in NSW planning legislation. Action will now be taken to finalise the relevant LEP amendment, together with changes to the Mosman Residential DCP 2012, also approved at the meeting. Council will seek to have the amendment to the LEP notified on the NSW Government legislation website prior to 30 May 2022, being the date on which the exclusion of the Mosman SPA under clause 1.19 of the Codes SEPP is due to expire.  

Miscellaneous Amendments to Planning Instruments

Council endorsed a Planning Proposal to make a series of minor amendments to the Mosman Local Environmental Plan (LEP) 2012 following an earlier Gateway determination and pubic exhibition of the proposal. There have been no changes to the Planning Proposal following its exhibition and further action will now be taken to finalise the relevant LEP amendment.

NSW Government Employment Zone Reforms

A report was presented to Council outlining the NSW Department of Planning and Environment’s reformation of employment zones across the State. Under the proposed reforms, the three business zones applying to land in Mosman’s centres will be merged into two new employment zones under Mosman Local Environmental Plan (LEP) 2012. This will result in some additional permitted employment land uses in centres, however planning controls for the bulk/scale of buildings will not be affected. After discussing the broader potential impacts of the reforms, and noting that the changes do not address concerns raised in its June 2021 submission on the NSW Government’s Employment Zones Position Paper, Council resolved that strong advocacy be taken by Council against these proposed changes. It is expected that the proposed amendments will be publicly exhibited by the Department of Planning and Environment for a six week period between March/April and May 2022.

Bushland Restoration Contracts

Council’s current Bushland Restoration Contracts expire at the end of May 2022. Following review and amendment of the relevant contract specification by staff, Council resolved to approve the amended specification and call for tenders for a new Bushland Restoration Contract 2022-2027. The amended specification provides for the inclusion of unmade road reserves, a reduction in the (previously 10 year) contract term to five years, updated KPIS and the inclusion of additional bushland sites at Little Ashton, Rosherville Reserve South, Bradleys Bushland Reserve and Rawson Park.

Flora and Fauna Survey

A comprehensive Flora and Fauna Survey is commissioned by Council every five years, with the most recent survey completed over the summer of 2021/22. The purpose of these regular surveys is to provide a snapshot of the current biodiversity value and condition of major natural assets managed by Council, the latest comprising all major bushland sites and 11 unmade road reserves. Council received and noted a report on the latest survey results which include 499 indigenous native plant species recorded since the surveys began in 2001, an additional 48 flora species recorded since the 2016 survey, 64 native fauna species recorded including three amphibians, 43 birds, 9 mammals and 9 species of reptiles. The survey indicates that Council has performed well in its management of bushland sites, with local flora, fauna and ecological health of bushland stable and continuing to improve.

Little Sirius Cove and Mosman Bay Draft Plan of Management

Following exhibition of the draft Plan of Management for Mosman Bay and Little Sirius Cove Foreshore Reserves in October – November 2021 and receipt of more than 100 submissions, Council considered a further report on the draft plan addressing submissions received and amendments subsequently made to the draft. Thanking staff for the work undertaken to bring the draft Plan to finalisation, Council resolved that the draft Mosman Bay and Little Sirius Cove Foreshore Reserves Plan of Management be endorsed and, as a plan relating to Crown land, submitted to the Minister for Lands and Water, Hospitality and Racing for adoption.

NSW Government Rezoning Reforms

In late 2021 the NSW Government released a discussion paper entitled ‘A New Approach to Rezonings’, outlining significant changes to the way rezonings are managed in NSW. Most significantly, the proposed changes include aligning the rezoning process more closely with the current development application process, applying mandatory timeframes for pre-lodgement, exhibition, assessment and determination with a consistent fee regime, and providing private proponents with a right of appeal against the final decision. Council endorsed a submission on the proposed changes, raising serious concerns about the new approach which appears solely focussed on optimising economic benefits of development for developers, and which will provide less certainty for the community, encourage speculative and ad hoc proposals and litigation, and place additional burden on council resources. It was also resolved by Council that, once further clarity is obtained regarding the likelihood of the proposed reforms transpiring, a public meeting be held to inform the community.