Pittwater Life September 2020 Issue

Inaction bewilders Mayor
News
Northern Beaches Mayor Michael
Regan has expressed confusion
and disappointment at Council
staff’s inability to carry out a unanimous
resolution to wind back unauthorised
works and encroachment on public land
at Shore Brace Reserve Avalon.
It follows the lodgment of a subject
modification by the owners of 173-175
Riverview Road, seeking to permit them
to retain their contentious letterbox
structure built on the unformed public
road reserve between Riverview Road
and Pittwater.
In October 2019 Council voted to wind
back much of the encroachment – with
the large sandstone letterbox a key element.
In lead-up investigation, a Council
staff report noted: “... the size and design
gives the perception that the land behind
the letterbox and retaining wall are private,
rather than public road reserve.”
After its wind-back vote was carried,
Mayor Regan told Pittwater Life: “Council
needs to draw a line in the sand... we
need to send a message to the courts that
we will not tolerate this.”
Nearly 11 months on, a bewildered
Mayor Regan has asked Council CEO Ray
Brownlee for an update.
In a written reply to a concerned local
resident, Mayor Regan said: “I have asked
the CEO for an explanation on why/how
we have accepted a modification of this
DA if what you say is accurate... the CEO
will brief Councillors and I will ensure
you will be responded to.
“For the life of me, I cannot understand
that if we have said no once, then
passed a Council Resolution to similar
effect that was in effect purported to
address the issues in good faith and was
POINT OF CONTENTION: The letterbox structure.
agreed to, then if they choose to renege,
why not go straight to court...
“I will await advice from the staff. My
limited planning knowledge tells me that
we have to accept an application by law,
however… I have a slightly different view
on this given the circumstances.”
Meanwhile the owner of 173-175
Riverview Road has distributed letters to
neighbours claiming he and his wife are
the victims of a “deceptive and misleading
campaign” aimed at preventing them
from completing construction of their
home.
Owner Gary Johnston wrote: “Some
people believe that we have made an
‘outrageous attempt’ at privatising public
property, which includes the construction
of a letterbox embedded in a wall.”
He admitted the letterbox was “in fact
just on land that is part of the Shore
Brace” – but added Council had powers
to allow “minor incursions” to be
overlooked.
Mr Johnston claimed the previous
owners of 173-175 Riverview Road
had an entrance and letterbox which
encroached even more than his new
structure – which he said was approved
by Council at the time.
“Considering the precedent set when
the Cordoni’s owned the property, this
would seem an appropriate action.
“These works have never had any
intention to privatise public land.”
On behalf of concerned locals, resident
Peter L’Green has opposed the encroachment
for years, with Mr L’Green addressing
Council before last October’s
wind-back resolution. With no action in
the intervening months, he has sought
further local support to force Council to
make good on its determination.
In his letter to neighbours Mr Johnston
wrote: “Peter... L’Green [has] asked you to
contact Council and other public officials
to ‘enforce their resolution’. These same
officials at the time were largely not
aware of the history and realities of the
situation.
“Could it be that [when L’Green says]
‘NBC has since done nothing’ [it has]
anything to do with their [Council’s] now
greater knowledge?”
“You of course are perfectly free to
support the efforts to meaninglessly
relocate the entrance and letterbox.”
Mr L’Green told Pittwater Life Mr Johnston’s
letter was “fake news”.
“If the offending structures and works
on the reserve were approved two years
ago, why was such critical information
and proof not tabled in the run-up to, or
at, the October Council meeting and during
the 10 months since?
“And why make application for a Modification
now to the DA if the structures
were approved by Council as part of the
original DA years ago?” – Nigel Wall
10 SEPTEMBER 2020
The Local Voice Since 1991