Lane Cove Council

 

 

 

Ordinary Council

 

MINUTES

 

DATE OF MEETING:
6 August 2007
LOCATION:
Council Chambers
TIME:
6:41PM

All minutes are subject to confirmation at a subsequent meeting and may be amended by resolution at that meeting.

 

Lane Cove Council business papers and minutes are available on Council’s website www.lanecove.nsw.gov.au

 


PRESENT:

 

Councillor I. Longbottom, (Chair), R. D’Amico, Councillor K. Freedman, Councillor W. Gaffney,  Councillor T. Lawson, Councillor A. Smith, Councillor F. Teirney and Councillor R. Tudge.

 

ALSO PRESENT:

 

The General Manager,  Executive Manager - Environmental Services,  Executive Manager – Open Space & Urban Services, Executive Manager – Corporate Services, Executive Manager Human Services, Manager – Development Assessment and Chief Executive Secretary.

 

OPENING OF MEETING WITH PRAYER

 

The meeting was opened with a prayer by Rev. Simon Ambler of the Christian City Church.

 

APOLOGIES                                                    

The mayor acknowledged that apologies were received and leave of absence granted to Councillor Hassarati at the meeting of Council held on 16 July 2007.

 

DECLARATIONS OF INTEREST:

 

Nil.

 

Pursuant to section 10A(4), the public were invited to make representations to the council meeting before any part of the meeting is closed, as to whether that part of the meeting should be closed to consider:

 

CONFIDENTIAL ITEMS

 

Mayoral Minute No. 4

SUBJECT: Performance Review of General Manager

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (a) of the Local Government Act, 1993, on the grounds that the matter will involve the discussion of personnel matters concerning a particular individual; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing.

 

 

General Managers Report No. 20

SUBJECT: Kindimindi Investments Pty Ltd Vs Lane Cove Council and Fabcot Pty Ltd - Costs

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing and as the report discussed details of legal procedings involving Council.

 

Corporate Services Division Report No. 35

SUBJECT: Tender for Providing Legal Services to Council

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing and Specifically, the report contains detailed information on the prices submitted by the respective tenders and information on how they would conduct their business.  .

 

No members of the public or media were present.

 

Procedural Motion

180

RESOLVED on the motion of Councillors Teirney and D'Amico that Council:-

 

1.             Resolve into Closed council to consider business identified, together with any late reports tabled at the meeting.

 

2.             Pursuant to section 10A(1)-(3) of the Local Government Act 1993, the media and public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of section 10A(2) as outlined above.

 

3.             Correspondenc and reports relevant to the subject business be withheld from access to the media and public as required by section 11(2) of the Local Government Act 1993.

 

The Mayor declared the motion carried unanimously.

 

Closed Committee of the Whole commenced.

 

Mayoral Minute No. 4

SUBJECT: Performance Review of General Manager

 

RECOMMENDATION OF COUNCIL IN CLOSED COMMITTEE

 

1.             Endorse the satisfactory Performance Review of the General Manager, Mr Brown.

 

2.             Endorse the General manager’s 2007/2008 Performance Agreement with one amendment.

 

 

General Managers Report No. 20

SUBJECT: Kindimindi Investments Pty Ltd Vs Lane Cove Council and Fabcot Pty Ltd - Costs

 

RECOMMENDATION OF COUNCIL IN CLOSED COMMITTEE

 

That Council receive and note the advice regarding costs in the matter of Kindimindi Investments Pty Ltd Vs Lane Cove Council and Fabcot Pty Ltd.

 

 

Procedural Motion

181

RESOLVED on the motion of Councillors Smith and Teirney that Council adjourn Closed Committee of the Whole until the end of the Council Meeting and resume Open Council.  

 

The Mayor declared the motion carried unanimously.

 

 

Open Council Resumed at 7:00pm.

 

SUSPENSION OF STANDING ORDERS

182

RESOLVED on the motion of Councillors Lawson and Tudge that Standing Orders be suspended and that members of the public who wish to address Council be allowed to do so for a maximum of three minutes.

 

The Mayor declared the motion carried unanimously.

 

The following members of the public addressed Council:-

 

Mr Mark Davies – 78 Northwood Road concerning DA for 16 Private Road, Northwood.

Mr Brian Larking – 74A Northwood Road concerning Environmental Services Division Report No. 242 - 16 Private Road, Northwood.

Mr Keith Bashford – 13 Private Road Northwood concerning Environmental Services Division Report No. 242 - 16 Private Road, Northwood.

Mr Rob Loneragan – 12 Private Road Northwood concerning Environmental Services Division Report No. 242 - 16 Private Road, Northwood.

Mr Bill Sperry – 9 Kelly’s Esplanade Northwood concerning Environmental Services Division Report No. 246 – 7 Holden Street, Northwood.

Mr Kerry Nash – Consultant, concerning Environmental Services Division Report No. 242 - 16 Private Road, Northwood and Environmental Services Division Report No. 246 – 7 Holden Street, Northwood.

Mr Jim Berry – 80A Northwood Road concerning Environmental Services Division Report No. 242 - 16 Private Road, Northwood.

Mr Jeff Markham – 10 Kelly’s Esplanade, Northwood concerning Environmental Services Division Report No. 246 – 7 Holden Street, Northwood.

Mr Richard Shore – 80 Northwood Road, Northwood concerning Environmental Services Division Report No. 242 - 16 Private Road, Northwood.

Mr Michael Evans – 9 Beta Road Lane Cove concerning Environmental Services Division Report No. 233 -  proposed subdivision 10 Alpha Road, and 9 Gamma Road Lane Cove.

Ms Susan Loane – 7 Gamma Road Lane Cove concerning Environmental Services Division Report No. 233 -  proposed subdivision 10 Alpha Road, and 9 Gamma Road Lane Cove.

Ms Michelle Watts 4 James Street Northwood Environmental Services Division Report No. 246 – 7 Holden Street, Northwood.

Mr Ian Smith 4 James Street, Northwood Environmental Services Division Report No. 246 – 7 Holden Street, Northwood.

Ms Eleanor Hughes 11 Gamma Road, Lane Cove concerning Environmental Services Division Report No. 233 -  proposed subdivision 10 Alpha Road, and 9 Gamma Road Lane Cove.

 

Resumption of Standing Orders

183

RESOLVED on the motion of Councillors Teirney and D'Amico that Standing Orders be resumed.

 

The Mayor declared the motion carried unanimously.

 

Procedural Motion

184

RESOLVED on the motion of Councillors Longbottom and Tudge that:-

 

1.      Environmental Services Division Report No. 242 - 16 Private Road, Northwood, Environmental Services Division Report No. 246 – 7 Holden Street, Northwood and Environmental Services Division Report No. 233 -  10 Alpha Road, and 9 Gamma Road Lane Cove be brought forward and dealt with at this time;

 

2.      The Items from The Services and Resources Committee Meeting be brought forward and dealt with in the Council meeting.

 

The Mayor declared the motion carried unanimously.

 

Environmental Services Division Report No. 242

SUBJECT: 16 Private Road, Northwood

185

RESOLVED on the motion of Councillors Longbottom and Smith that development application number D357/05 for the erection of a two storey dwelling house, separate garage for the parking of two vehicles and the erection of a swimming pool at 16 Private Road, Northwood, that:

 

1.             mediation by an independent mediator be conducted between the applicant, affected neighbours and Council by an independent mediator;  and

 

2.             After that mediation that the results of that mediation with a report be returned to Council for determination.

 

Councillor Teirney vacated the Chamber at 7:54pm rejoined the meeting at 7:55pm.

 

 

The Mayor declared the motion carried unanimously.

 

Environmental Services Division Report No. 246

SUBJECT: 7 Holden Street, Northwood

 

MOTION

 

A motion was moved by Councillors Freedman and Lawson that the  Development Application D 128/07 for the erection of a two storey dwelling house, carport and driveway at Lot 55 DP 58263 -7 Holden Street, also known as 7 Kelly’s Esplanade, be refused on the following grounds:

 

1.   The proposal would not be consistent with the housing objectives of Clause 2(2) of the lane Cove Local Environmental Plan in that the proposal would not maintain or improve the existing amenity and environmental character of the area.

 

2.   The site is not considered suitable for the proposed development because of the constraints relating to the topography and natural features and the small area and irregular shape of the land.

 

3.   The development does not comply with Council’s codes in terms of the front building line setback.

 

4.   The proposal would result in unacceptable impacts on 4 St James Street and on the amenity, value and access to the property at 9 Kelly’s Esplanade.

 

5.   Approval of the application would not be in the public interest because the proposed driveway involves the alienation of a substantial area of the road reserve of Kelly’s Esplanade for use as a private vehicular access and would also result in a conflict with the existing vehicular access to 9 Kelly’s Esplanade and with pedestrians using the footpath and the road reserve (footpath) as an access to Kelly’s Esplanade.

 

6.   The proposal is not considered in the public interest, given the impact of the proposal and the issues raised by the significant number of the objections received.

 

7.   The proposal would deprive the existing dwelling house at 7 Holden Street of its only private open space.

 

8.   The location of the open space on the site is not considered appropriate, in that the area is not a “private” area for the occupants of the proposed dwelling house.

 

9.   The proposed dwelling house would adversely impact on the existing views of the existing dwelling on number 7 Holden Street at the rear.

 

10.         The proposed location of living areas at an elevated level with direct access to a terraced area which would potential result in an unacceptable loss of amenity in terms of noise and visual intrusions, to the adjoining properties given the small and constrained size of  Lot 55 DP 58263.

 

 

Procedural Motion

186

RESOLVED on the procedural motion Councillors D'Amico and Smith that Councillor Longbottom be granted an extension of 3 minutes to speak against the motion.

The Mayor declared the motion carried unanimously.

187

Upon being put to the Meeting, the  motion was declared carried.

 

For the  were Councillors D'Amico, Freedman, Gaffney, Lawson, Teirney and Tudge (Total 6).

Against the  were Councillors Longbottom and Smith (Total 2).

 

Environmental Services Division Report No. 233

SUBJECT: 10 Alpha Road & 9 Gamma Road, Lane Cove

188

RESOLVED on the motion of Councillors Tudge and D'Amico that pursuant to the provisions of Section 82A of the Environmental Planning and Assessment Act 1979, as amended, that Council reiterate its previous decision for the Development Application No. 322/2005 made on 4 September 2006 and refuse the application for the consolidation of two lots and re-subdivision into 3 lots on Lots 68 and 68 DP 4373 and known as 10 Alpha and 9 Gamma Roads, Lane Cove.

 

 

Upon being put to the Meeting, the motion was declared carried.

 

For the  were Councillors D'Amico, Freedman, Gaffney, Lawson, Smith, Teirney and Tudge (Total 7).

Against the  was Councillor Longbottom (Total 1).

 

MATTER ARISING:

 

189

RESOLVED on the motion of Councillors Freedman and Tudge that:

 

The current planning rules to require applicant’s for subdivision to submit with the subdivision application, a development application for a house for approval, are patiently inadequate.

 

After subdivision, when a development application is subsequently lodged there are enormous problems in trying to locate a built form on the site without causing enormous issues for adjoining neighbours and even the applicant themselves.

 

The General Manager is requested to bring back a report to Council on the ability of Council to effectively impose conditions on any built form at the time of the grant of the subdivision approval and what actions could be taken to lobby to have any planning rule deficiencies addressed in regard to subdivision in existing residential areas.

 

 

The Mayor declared the motion carried unanimously.

 

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 16 JULY 2007

190

RESOLVED on the motion of Councillors Smith and Tudge that the minutes of the Ordinary Council meeting held on the 16 July 2007 be received.

 

The Mayor declared the motion carried unanimously.

 

191

RESOLVED on the motion of Councillors Tudge and Smith  that the minutes of the Ordinary Council meeting held on the 16 July 2007 be confirmed with the following amendments to page 5:  MOTION moved by Councillors Freedman and Tudge should read:-

 

Part 2.        The Draft Major Projects Strategic Management Plan 2007-2016 be placed on                   public exhibition for 60 days With the following amendments and additions to                   Draft Major Projects Strategic Management Plan:-

 

“(a)   Item 2: p5. insert after “no longer viable”  ‘and there is no other active           recreational use that can be reasonably accommodated on the site.’

 

                  (b)      On p21 7.6.2.5:  ‘taken into account views of some Councillors’

 

                  (c)      Insert a new Option between Options 4 & 5:-

“This proposal is formulated on the original development proposition put by the Club to Council in January 2002.   (See Appendix 4 of the ‘Lane Cove West Bowling & Recreation Club Report on current and likely future use of the Club’s facilities, the condition of the existing structures and the financial support that may be needed from Lane Cove Council over the next 10 years dated July 2007).

 

Rebuild the clubhouse with units on the site of the existing clubhouse and part of one of the greens (or a comparable size area in another part of the site), provide for 2 greens and any surplus open space be incorporated with Charlish Park to provide increased open space for the community.

 

Residential development would be minimal moderate and any development would be on the basis that funds raised from development of the site would be applied to pay for the improvements on the site.   In other words the site would not be developed to fund community assets elsewhere.

 

            The inclusion of any additional built community facilities (such as a hall or function space) to be considered once the cultural centre site and requirements have been determined.”  and consultation take place in accordance with the Consultation Strategy outlined in the report.

 

Part 4          A Councillors Workshop be held during display period, for Councillors to    consider the Draft Major Projects Strategic Management Plan 2007-2016, Draft Open Space Plan and the Lane Cove West Bowling and Recreation Club     Financial and Building Assessment Report.   

 

The Mayor declared the motion carried unanimously.

 

Orders Of The Day

 

Order Of The Day No. 13

SUBJECT: Meeting in the Plaza - Saturday 25 August 2007

192

RESOLVED on the motion of Councillors Longbottom and Lawson that Councillors Tudge, Freedman and Teirney attend the Meeting in the Plaza on Saturday 25 August 2007.

 

 

The Mayor declared the motion carried unanimously.

 

Corporate Services Division Reports

 

Corporate Services Division Report No. 37

SUBJECT: 4th Quarter Review of 2006-2009 Management Plan

193

RESOLVED on the motion of Councillors Smith and Tudge that the Fourth Quarter Review of the 2006-2009 Management Plan be received and noted.

 

 

The Mayor declared the motion carried unanimously.

 

Corporate Services Division Report No. 38

SUBJECT: Option for Constitutional Referendum or Poll at 2008 Local Government Elections

194

RESOLVED on the motion of Councillors Tudge and Smith that Council:-

 

1.             Receive and note the report;

 

2.             Conduct further investigations and report the results of thos investigations back to Council.

 

 

The Mayor declared the motion carried unanimously.

 

Environmental Services Division Reports

 

Environmental Services Division Report No. 18

SUBJECT: Lane Cove Telecommunications Development Control Plan

195

RESOLVED on the motion of Councillors Lawson and Smith that:-

 

1.         Council adopt the Lane Cove Telecommunications Development Control Plan dated August 2007 as final.

 

2.         Public notice be given by advertisement and relevant community organisations be notified in writing.

 

3.         Council be kept informed of progress and outcomes of the Federal Minister’s consideration relating to Council’s Resolution No.145 1(b) of 18 June 2007.

 

 

The Mayor declared the motion carried unanimously.

 

Human Services Division Reports

 

Human Services Division Report No. 18

SUBJECT: Lane Cove Olympic Pool - Solar Blanket

196

RESOLVED on the motion of Councillors Smith and Lawson that Council:-

 

1.             Receive and note the Report; and

 

2.             Be advised as to the outcome of the Grant application.

 

 

The Mayor declared the motion carried unanimously.

  

General Managers Report No. 21

SUBJECT: Monthly Review June / July 2007

197

RESOLVED on the motion of Councillors D'Amico and Gaffney that the information be received and noted.

 

 

The Mayor declared the motion carried unanimously.

  

Pursuant to section 10A(4), the public were invited to make representations to the council meeting before any part of the meeting is closed, as to whether that part of the meeting should be closed to consider:

 

Confidential Item

 

Corporate Services Division Report No. 35

SUBJECT: Tender for Providing Legal Services to Council

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing and Specifically, the report contains detailed information on the prices submitted by the respective tenders and information on how they would conduct their business.  .

 

Procedural Motion

198

RESOLVED on the motion of Councillors Smith and Tudge that the late report be received and noted.

 

The Mayor declared the motion carried unanimously.

 

There were no members of the public or media present.   Council moved into Closed Committee of the Whole.  

 

Procedural Motion

199

RESOLVED on the motion of Councillors Teirney and D'Amico that Council move into Closed Committee.

 

The Mayor declared the motion carried unanimously.

 

Closed Committee of the Whole commenced.

 

Corporate Services Division Report No. 35

SUBJECT: Tender for Providing Legal Services to Council

 

RECOMMENDATIONS OF COUNCIL IN CLOSED COMMITTEE

 

1.   Accept the tenders of Marsdens, Pike, Pike and Fenwick, Matthews Folbigg and Ian Ellis Jones and appoint them to its Legal Panel for a term of 4 years; 

 

2.   Authorise the General Manager to enter into an agreement with these firms on behalf of Council.

 

3.   Not accept any tenders in relation to the provision of the In-house legal service, and delegated authority to the General Manager to negotiate with Ian Ellis-Jones to provide this service as required and report back to Council on the outcome of the negotiation.

 

4.   Advise the other firms who submitted a tender of Council’s decision and thank them for their tender.

 

 

 

 

Procedural Motion

200

RESOLVED on the motion of Councillors Smith and Tudge that Open Council resume.

 

The Mayor declared the motion carried unanimously.

 

Open Council resumed.

 

The General Manager read the recommendations of Council in Closed Committee.

 

Mayoral Minute No. 4

SUBJECT: Performance Review of General Manager

201

RESOLVED  on the motion of Councillors Smith and Tudge that Council:

 

3.             Endorse the satisfactory Performance Review of the General Manager, Mr Brown.

 

4.             Endorse the General manager’s 2007/2008 Performance Agreement with one amendment as discussed in Closed Committee.

 

 

The Mayor declared the motion carried unanimously.

 

General Managers Report No. 20

SUBJECT: Kindimindi Investments Pty Ltd Vs Lane Cove Council and Fabcot Pty Ltd - Costs

202

RESOLVED  on the motion of Councillors Gaffney and Smith that Council receive and note the advice regarding costs in the matter of Kindimindi Investments Pty Ltd Vs Lane Cove Council and Fabcot Pty Ltd.

 

 

The Mayor declared the motion carried unanimously.

  

Corporate Services Division Report No. 35

SUBJECT: Tender for Providing Legal Services to Council

203

RESOLVED on the motion of Councillors Smith and Lawson that Council:-

 

1.   Accept the tenders of Marsdens, Pike, Pike and Fenwick, Matthews Folbigg and Ian Ellis Jones and appoint them to its Legal Panel for a term of 4 years; 

 

2.   Authorise the General Manager to enter into an agreement with these firms on behalf of Council.

 

3.   Not accept any tenders in relation to the provision of the In-house legal service, and delegated authority to the General Manager to negotiate with Ian Ellis-Jones to provide this service as required and report back to Council on the outcome of the negotiation.

 

4.   Advise the other firms who submitted a tender of Council’s decision and thank them for their tender.

 

The Mayor declared the motion carried unanimously.

 

QUESTION WITHOUT NOTICE

 

Councillor Freedman asked the following question without notice:

 

Could Councillors please receive a report on the Clearing of the foreshore reserve to the rear of No. 60 Arabella Street Longueville that was the subject of the Question Without Notice of 4/6/07.

 

Could we also have a report on the diesel spill into Woodford Bay near 100A Arabella Street on the morning of Friday 2 Agust 2007.

 

CLOSE

 

The meeting closed at 9:53pm.

 

Confirmed at the Ordinary Council Meeting of 20 August 2007, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

********* END OF MINUTES *********

 

MEETING FILE REF:  Document4