MEDIA CENTRE
MHAG RESPONSE
What does the latest Permit for 'Activity on Thoroughfares' mean for the Mos Lane Development?
We have provided MHAG's response to ToMP recent FAQ.
Click below to view our answers.
TOMP FREQUENTLY ASKED QUESTIONS
MHAG RESPONSE
WHAT IS A PAT?
Council Response
A ‘PAT’ is a Permit for Activity on Thoroughfares and is an application for approval to commence works within the verge and/ or local road.
MHAG Response
A ‘PAT’ is a permit issued by every council when someone wants to do something on a verge or thoroughfare such as:
dig a trench through or under a kerb or footpath
place a bulk rubbish container on a thoroughfare
lay pipes under any verge
lead, ride or drive a horse on a thoroughfare
conduct a stall or busk in a public place
In short, a PAT is a normal, common, garden variety permit that anyone must obtain if they want to do certain things on a verge or thoroughfare.
A PAT is not a condition imposed by the WAPC as part of their approval of the Mos Lane development.
IS A PAT REQUIRED IN THIS CASE?
Council Response
Yes. A PAT is required under the Town’s Local Law - Activities on Thoroughfares and Trading in Thoroughfares and Public Places Local Law, for public realm works associated with the WAPC approval to the extent they are proposed within the road verge. The Local Law falls under the overarching Local Government (Uniform Local Provisions) Regulations (Regulations), which stipulate local roads be under the Town’s care and control and management.
The PAT is required under the Local Law for public realm works associated with the SDAU approval, as the proposed works fall within the road verge, and on Turnbull Way (Laneway). The various public realm works proposed in the road verge for the Mos Lane development (i.e. new on-street car parking bays, bike racks, pavement and landscape treatments, footpaths, a parklet and new street trees), are consistent with the plans of the State WAPC approval for the Mos Lane Development. An associated legal agreement will provide lawful authority for the additional works not covered by the PAT.
MHAG Response:
No. The WAPC approval requires ADC to come to a suitable arrangement with the Town of Mosman Park in regards to proposed works in the public realm, and the Town is under no obligation to agree to any particular arrangement.
In the absence of an arrangement to which the Town agrees, there is no requirement for a PAT covering matters such as new on-street car parking bays or changes to Turnbull Way.
Outside of these matters, a PAT is a normal requirement for any building activity and in the case of the proposed Mos Lane development, would be required for storing materials on the verge, crossing the verge with vehicles, locating bulk bins, digging trenches or making changes to crossovers.
None of these activities require an “associated legal agreement” and the response provided by the Town of Mosman Park is misleading.
IF THE TOWN DID NOT SUPPORT THE DEVELOPMENT AT THE WAPC MEETING, WHY IS THE TOWN NOW ASSESSING A PAT?
Council Response
The development has now received WAPC approval.
While WAPC approval has already been granted for the works, the applicant requires the permit under the local law and additional legal agreement to undertake the public realm works.
While the Town had the opportunity to comment on the development during the Department assessment process, the Town does not have the ability to comment on other aspects of the development through the PAT application.
The Town has a role to facilitate and influence a positive outcome for the community in its assessment of the PAT application. Simply not supporting the PAT application does not create a barrier for the development in proceeding.
MHAG Response:
ADC are attempting to use their application for a PAT as a trojan horse to get council to cede our public land for their benefit.
ADC do not require any “additional legal agreement” to obtain a PAT for works which they may reasonably need to undertake.
Condition 42 of the WAPC approval requires the developer to come to a ‘suitable arrangement’ with the Town of Mosman Park.
Condition 42 does not require a PAT.
WHAT WOULD HAPPEN IF THE TOWN REFUSES THE PAT APPLICATION?
Council Response
If the Town is inclined to refuse the PAT application, it must first notify the Minister for Planning of its intention. Upon request by the Applicant, the Minister may direct the Town to approve the PAT in accordance with powers created through the Part 17 significant development pathway. The Town has received legal advice to substantiate this; that the Minister has powers under Part 17 of the Planning & Development Act 2005 to direct the Town to make a decision that does not prevent the significant development from proceeding in accordance with the approval.
MHAG Response:
If the PAT includes works for which ADC has not come to a suitable arrangement with the town, the Town is under no obligation to approve those works, nor inform the Minister of their intent not to approve those works.
This is backed by our legal advice which has previously been conveyed to ToMP.
Refusing to give ADC our public lands may make it less profitable for them, and may make it harder for them to raise finance, rent tenancies or sell townhouses, but does not of itself “prevent the significant development from proceeding in accordance with the approval”.
The Director of the SDAU said “It is considered car parking on the street is desirable for the neighbourhood centre but is not fundamental to the application”
ADC said “The parking arrangements for the site are entirely self-sufficient on-site, without any reliance on the verge”.
The town is under no obligation to approve such works, nor inform the minister of their intent not to approve such works.
CAN I VIEW THE PAT APPLICATION?
Council Response
The PAT application is a technical document and has no statutory requirement or process through which it would typically be made publicly available. The application is, however, scheduled to be tabled for the March Council meetings and will therefore be available as attachments to the relevant agenda.
These are generally made publicly available the Friday prior to the relevant meeting. In this case the first meeting agenda that will include this PAT application is the March Agenda Forum on Tuesday 19 March 2024*.
*The scheduling for the March Council meeting is subject to change based on the timing of the Town’s finalised assessment.
MHAG Response:
The Activities on Thoroughfares and Trading in Thoroughfares and Public Places Local Law states “the local government may require an applicant to give local public notice of the application for a permit”.
Furthermore, the Town of Mosman Park have stated that the PAT includes a legal agreement for “additional works not covered by the PAT”.
To suggest that as residents & ratepayers we are not entitled to see these documents until 4 business days before council makes a decision is outrageous. We expect transparency from our council and have requested the immediate production of these documents.
We have also lodged a Freedom of Information Request with the council and expect the council to provide full information to the community in a timely manner so that the community has ample opportunity to properly consider the matter.
WHAT ROLE DOES THE TOWN HAVE?
Council Response
The Town's role in accordance with Part 17 of the Planning and Development Act, as the local government, is to assist in the facilitation of clearing of approval conditions. To clear several conditions related to the public realm, consideration of the PAT is one of them.
The Town’s role is not to suggest fundamental design changes at this stage unless technical experts require further interventions with regards to road and pedestrian safety.
What the Town can do, is assess whether the approved plans can be bettered through additional traffic calming measures, improved landscaping species types, and make sure appropriate mitigation measures are applied during the installation/ construction phase.
The Town’s assessment is in accordance with advice from traffic engineers and lawyers. This is so the Town can achieve the safest outcome for the approved design to enable an appropriate and sustainable outcome for the community.
MHAG Response:
The role of the Town and its councillors is to represent and reflect the views of its residents and ratepayers who overwhelmingly oppose the ceding of public land for private profit for a development that nobody wants, and which provides no benefit to the community.
The Town is under no obligation whatsoever to cede public land for the benefit of a private developer.
WHAT HAPPENS NEXT?
Council Response
The Town will continue assessing the PAT application and provide a recommendation to Council in March. The permit is one of many approvals required to fulfil the WAPC conditions of approval. The Town has not received information as to when the building permit for the development will be lodged, or when construction is expected to commence.
MHAG Response:
We will continue to advocate for the community.
We will continue to push for transparency.
We will continue to engage with council.
We encourage you to contact your councillors, attend the council meeting with us in April, and make your voice heard.
No public land for private profit.
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