|
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
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.
The meeting
was opened with a prayer by Rev. Simon Ambler of the
|
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.
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 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.
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 |
|
|
|
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. |
Open Council
Resumed at 7:00pm.
The
following members of the public addressed Council:-
Mr Mark
Davies –
Mr Brian
Larking – 74A
Mr Keith
Bashford –
Mr Rob
Loneragan –
Mr Bill Sperry
– 9 Kelly’s Esplanade Northwood concerning Environmental Services Division
Report
Mr Kerry
Nash – Consultant, concerning Environmental Services Division Report
Mr Jeff
Markham – 10 Kelly’s Esplanade, Northwood concerning Environmental Services
Division Report
Ms Susan
Loane –
Ms
Michelle Watts 4 James Street Northwood Environmental Services Division Report
Ms Eleanor
Hughes 11 Gamma Road, Lane Cove concerning Environmental Services Division
Report No. 233 - proposed subdivision
|
183 |
RESOLVED on the motion of Councillors Teirney and D'Amico that Standing Orders
be resumed. The Mayor declared the motion carried unanimously. |
|
SUBJECT: |
|
|
|
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 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 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 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 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). |
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. |
Corporate
Services Division Reports
Environmental
Services Division Reports
Human Services Division Reports
|
SUBJECT: Monthly
Review June / July 2007 |
|
|
RESOLVED on the motion of
Councillors D'Amico and Gaffney that the information be received and noted. |
|
|
|
The Mayor
declared the motion carried unanimously. |
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. . |
|
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.
|
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. |
|
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 |
|
|
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. |
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
Could we also have a report on the diesel
spill into
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
