The Council agenda of September 28th has failed to include the promised item of "Application for a Public Gate Permit on Coopers Island Road, Bodalla."
Council called for public submissions regarding the Public Gate Application to then advise those who made submissions that "A report regarding this matter will be submitted to the Ordinary Meeting of Council on 28 September 2021 where a recommendation on the determination of the application will be made by Council."
On the 22nd of June 2021 Council debated the Coopers Island Road Gate.
The initial MOTION by Councillor Constable THAT Council:
1. Direct the owner of the land adjoining Coopers Island Road (‘the adjoining landowner’) to remove the gate that is currently erected across Coopers Island Road where it meets the Princes Highway within 21 days of this resolution.
2. Upon the adjoining landowner complying with the Council direction to remove the gate, issue to the adjoining landowner a 7 day notice of intention to issue Order No. 7 under s124 of the Local Government Act 1993 (NSW) requiring the adjoining landowner to fence its land along the length of Coopers Island Road to the Princes Highway road reserve, or the basis that it is satisfied that public safety renders it necessary that the land adjoining Coopers Island Road is fenced.
3. Contribute 50% of the cost of the fence as a one-off contribution to a maximum amount of $5000.
The Mayor indicated to Councillor Constable, that due to recent legal advice and in her opinion, the motion was unlawful and the motion would need to be amended or withdrawn.
Councillor Constable indicated that he would withdraw the motion.
Then the MOTION put up by Councillor Nathan/Councillor Tait recommended THAT:
1. Council, as the roads authority for Coopers Island Road, Bodalla, pursuant to clause 69 of the Roads Regulation 2018, gives public notice of the application made by the owner of land adjoining Coopers Island Road, Bodalla to the Council for a public gate permit near the intersection of Coopers Island Road and the Princes Highway which notice invites written submissions to be made to the Council in respect of the application.
2. A further report be brought to the Council following the expiration of the public notice period addressing any submissions duly made in response to the notification of the application and containing a recommendation on the determination of the application by the Council.
3. Council defer enforcement action to remove the gate pending the determination of the gate application.
(That the motion on being put was declared CARRIED).
Division For the Motion: Clrs L Brown, P Constable, L Innes, P McGinlay, M Nathan, R Pollock, J Tait and J Thomson.
Against the Motion: Clr A Mayne.
There are only two meetings remaining in this term of Council (12 October 2021 and 26 October 2021). There are no meetings in November and December 2021 due to the Local Government election caretaker period.
