Friday, 30 January 2009

Lynches Prawns site on the foreshore

For the record...

Here is an extract from the council development application meeting held on 17 June 2008.

Development Applications Committee Meeting held on Tuesday, 17 June 2008


The Lord Mayor requested the Deputy Lord Mayor to assume the Chair having regard to a perceived conflict of interest in this matter. background image

The Lord Mayor stated that persons associated with the applicant and objectors had made contributions to the 2007 State Election campaign of which he was a candidate. On this basis, the Lord Mayor indicated that he was required by the Code of Conduct to note a perceived conflict of interest and provide an explanation as required.

The Lord Mayor retired from the Chamber at 9.24pm.

Councillor Scobie then assumed the Chair.

At the time of adjournment Councillor Scobie reported that a motion moved by Councillor Hornery was before the Chair. He noted that Councillor Hornery was absent from the meeting and asked for Comment by the Acting General Manager.


The application to demolish existing structures and to construct a new 2-storey building for use as a café/restaurant (with ancillary take away food outlet) be approved and consent granted subject to compliance with the conditions set out in the Draft Schedule of Conditions at Appendix B.

The Acting General Manager advised that the motion was before the meeting and it was competent for the Committee to debate the motion in Councillor Hornery's absence. The only issue being that Councillor Hornery was not present therefore there would be no right of reply.

Councillor Osborne proposed procedurally that the entire item be recommitted.

It was put to Councillor Osborne that a decision was yet to made therefore the Committee could not move for recommittal.

Councillor Scully pointed out that at the time of adjournment Councillor McKenzie had indicated that he had several amendments to make to the Conditions of Consent.

Councillor Osborne foreshadowed that the development application be rejected as it was considered an inappropriate development on a sensitive site and it had an undue adverse impact on the neighbours.

Councillor Osborne was advised that such motion would be out of order as was essentially the same as the motion previously rejected.

Councillor Scobie then asked Councillor McKenzie to address the meeting.

As he had done at the meeting of 10 June 2006, Councillor McKenzie indicated a perceived conflict of interest in Item No. 26 - DA 08/1966 - 292 Wharf Road Newcastle as a Councillor on Newcastle City Council. He advised that as the property was owned by Newcastle City Council he recognised the dual role and believed he could be objective in his function as part of the consent authority. background image

Councillor McKenzie proposed Condition 4 be amended to read as follows (change in bold print) :

4 The design of the proposed bin storage area shown in the DA plans being to provide for internal access from the restaurant to the storage area and to serve external access to the storage area so that it can be opened from the inside only.

Reason: To protect the amenity of the adjoining apartments, to enhance the streetscape quality of the proposed building, and to ensure adequate garbage storage and arrangements in the interest of public health safety and sanitation.

Councillor McKenzie foreshadowed the above condition.

Councillor McKenzie then indicated that the report stated under Section 4.2.2 - Relevant Development Control Plans - Newcastle Development Control Plan 2005 - a) Element 4.14 Car Parking, the following:

Should Council determine that the waiving of car parking requirements in this instance is not warranted, then it has the option of refusing to grant development consent on car parking grounds, in which case, it would be open to the applicants to include, as part of the proposal, an offer to pay a monetary contribution towards to provision of public carparking and to request reconsideration of the application on this basis.

Councillor McKenzie advised that he intended to move this way in the form of an additional Condition of Consent and sought advice from the Manager Development and Building Services as to its legality.

The Group Manager Development and Building Services indicated that the reason the consultant planner had indicated that if Council was of a mind that car parking shortfall was an issue that needed to be addressed was because there was no Section 94 Plan that would empower the Council to require the payment of a parking contribution.

He indicated that Council did not have the power under the Environmental Planning and Assessment Act to levy a contribution where there was no Section 94 Contribution that provided for such contribution.

The Manager Development and Building Services further reported that if Council was of a mind to require car parking or consider that the absence of car parking provision was fatal to the application it would have to refuse the application. In this event, he advised that the applicant would have the option of coming back and asking for a revision of Council's decision on the basis that a car parking contribution was offered. The Manager Development and Building Services indicated that this was referred to a Section 79C Contribution and a contribution that became part of the application and would be proposed as part of the application and approved on that basis. background image


MOTION: (Councillor I McKenzie)

The item be deferred and Council invite the applicant to amend the application to provide for a monetary contribution towards the provision of public car parking.

The procedural motion was to the meeting and a show of hands was requested.

For the procedural motion 7
Against the procedural motion 3

The procedural motion was declared carried on the result of seven votes to three votes.


The item be deferred and Council invite the applicant to amend the application to provide for a monetary contribution towards the provision of public car parking.

The Lord Mayor assumed the Chair at 9.43pm.

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