Lane Cove Council

 

 

 

Ordinary Council

 

MINUTES

 

DATE OF MEETING:
20 August 2007
LOCATION:
Council Chambers
TIME:
6:42PM

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 J. Hassarati, Councillor T. Lawson, Councillor A. Smith 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. Jerry Duncan

 

Confidential Items

 

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

 

General Managers Report No. 23

SUBJECT: In House Legal Services

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.

 

 

Human Services Division Report No. 19

SUBJECT: Lane Cove Aquatic Leisure Centre

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.

 

 

No members of the public made representations.

 

Procedural MOTION

204

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

                    

1.       Resolve into Closed Committee 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.       The correspondence 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.

 

Council moved into Closed Committee of the Whole.

 

Closed Committee of the Whole commenced.

 

The following resolutions of Council while the meeting was closed to the public were read to the meeting by the General Manager, prior to being adopted:

 

General Managers Report No. 23

SUBJECT: In House Legal Services

 

RECOMMENDATIONS OF COUNCIL IN CLOSED COMMITTEE

 

That Council receive and note the report.

 

Human Services Division Report No. 19

SUBJECT: Lane Cove Aquatic Leisure Centre

 

RECOMMENDATIONS OF COUNCIL IN CLOSED COMMITTEE

 

That Council:-

 

1.       Receive and note the Report and the attached legal advice;

 

2.       Authorise the General Manager to proceed as discussed in Closed Committee;  and

 

3.       Progress Reports be submitted to Council.

 

 

PROCEDURAL MOTION

205

RESOLVED on the motion of Councillors Tudge and Gaffney that Council move out of Closed Committee and into open Council.

 

The Mayor declared the motion carried unanimously.

 

The General Manager read the recommendations of Council in Closed Committee

 

Confidential Items

 

General Managers Report No. 23

SUBJECT: In House Legal Services

206

RESOLVED on the motion of Councillors Smith and Tudge that Council receive and note the report.

 

The Mayor declared the motion carried unanimously.

 

Human Services Division Report No. 19

SUBJECT: Lane Cove Aquatic Leisure Centre

207

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

 

1.       Receive and note the Report and the attached legal advice;

 

2.       Authorise the General Manager to proceed as discussed in Closed Committee;  and

 

3.       Progress Reports be submitted to Council.

 

The Mayor declared the motion carried unanimously.

 

DECLARATIONS OF INTEREST:

 

Councillor Longbottom declared an interest in Environmental Services Division Report 292 –26 & 28 Henley Street Lane Cove West as he is the property owner.

 

Councillor Freedman declared a non pecuniary interest in Environmental Services Division Report No. 28 30 George Street, Greenwich to the Planning & Building Committee Meeting having regard to section 6 of the Code of Conduct on the basis that she is a friend of the applicant’s immediate neighbour who lives at no.11 Mitchell Street Greenwich.   Clr Freedman indicated she would not speak or vote on the matter.

 

APOLOGIES

                                                                           

Apologies were received on behalf of Councillor F. Teirney.

208

RESOLVED on the motion of Councillors Longbottom and Gaffney that the apology from Councillor Teirney be accepted and leave of absence be granted.

 

The Mayor declared the motion carried unanimously.

 

SUSPENSION OF STANDING ORDERS

209

RESOLVED on the motion of Councillors Tudge and Smith 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.

 

Mr Mark Allen – Addressed Council regarding Public Transport adocating the coordination with transport companies to make the use of public transport more attractive and practical for users.

 

Resumption of Standing Orders

210

RESOLVED on the motion of Councillors Smith and Gaffney that Standing Orders be resumed.

 

The Mayor declared the motion carried unanimously.

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 6 AUGUST 2007

211

RESOLVED on the motion of Councillors Smith and Gaffney that the minutes of the Ordinary Council meeting held on the 6 August 2007 be received.

 

The Mayor declared the motion carried unanimously.

 

212

RESOLVED on the motion of Councillors Smith and Gaffney that the minutes of the Ordinary Council meeting held on the 6 August 2007 be confirmed.

 

The Mayor declared the motion carried unanimously.

 

Mayoral Minutes

 

Mayoral Minute No. 4

SUBJECT: Local Government Inquiry RECOMMENDATIONs

213

RESOLVED on the motion of Councillors Smith and Gaffney that Council acknowledge and endorse the Associations’ positions on the 49 recommendations of the Independent Inquiry into the Financial Sustainability of NSW Local Government and call on the Minister for Local Government to coordinate a whole-of-government response and establish a reform implementation fund.

 

 

The Mayor declared the motion carried unanimously.

 

Orders Of The Day

 

Order Of The Day No. 5

SUBJECT: Citizenship Ceremony

214

RESOLVED on the motion of Councillors Longbottom and Gaffney that Councillor Smith attend the Citizenship Ceremony on 29 August 2007 and speak to the new citizens about local government.

 

 

The Mayor declared the motion carried unanimously.

 

Order Of The Day No. 16

SUBJECT: Council and Committee Meeting Schedule - September 2007

215

RESOLVED on the motion of Councillors Smith and Gaffney the Council and Committee Schedule for September 2007 be adopted.

 

 

The Mayor declared the motion carried unanimously.

 

Councillor Lawson offered his apology for the Council Meeting of 6 September 2007.

 

Councillor Freedman complimented staff on Council’s Intranet Home Page and asked that all Councillors be enlisted with the Department of Local Government to receive Circulars by email.

 

Environmental Services Division Reports

 

Environmental Services Division Report No. 292

SUBJECT: 26 and 28 Henley Street, Lane Cove West

 

Councillor Longbottom vacated chair and left the Council Chamber taking no part in discussion or voting on this matter.

 

The Deputy Mayor took the chair.

 

PROCEDURAL MOTION

 

216

RESOLVED on the motion of Councillors Tudge and Gaffney that Council receive and note the erratum

 

The Deputy Mayor declared the motion carried unanimously.

 

217

RESOLVED on the motion of Councillors Tudge and Gaffney that the application for subdivision of the existing two (2) residential lots into three (3) residential lots be approved subject to the following conditions:

 

1.         (20) That the development be strictly in accordance with plan lodged with the Development Application “Plan of Proposed Subdivision of Lot 52 in DP 6886 & Lot A in DP 373006 being Nos. 26 & 28 Henley Street Lane Cove. Local Govt. Area: Lane Cove”, Drawing: Subdivision Plan, Drawing No: 2007/DA01, Amendment: B and Dated 22/05/07.

 

2.         (137) Lane Cove Council charges a fee of $25 for the registration of any Part 4A Certificates (compliance, construction, occupation or subdivision certificates) issued by an accredited certifier under the Environmental Planning and Assessment Act.

 

3.         (14) THE PAYMENT OF A CONTRIBUTION FOR AN ADDITIONAL 3 PERSONS IN ACCORDANCE WITH COUNCIL'S SECTION 94 CONTRIBUTIONS PLAN.  THIS PAYMENT BEING MADE PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE AND IS TO BE AT THE CURRENT RATE AT TIME OF PAYMENT.  THE AMOUNT IS $24,376.50 AT THE CURRENT RATE OF $8,125.50 PER PERSON.   NOTE:  PAYMENT MUST BE IN BANK CHEQUE.  PERSONAL CHEQUES WILL NOT BE ACCEPTED.

 

THIS CONTRIBUTION IS FOR COMMUNITY FACILITIES, OPEN SPACE/ RECREATION AND ROAD UNDER THE LANE COVE SECTION 94 CONTRIBUTIONS PLAN WHICH IS AVAILABLE FOR INSPECTION AT THE CUSTOMER SERVICE COUNTER, LANE COVE COUNCIL, 48 LONGUEVILLE ROAD, LANE COVE.

 

4.         (28) Submission of final linen plans (plus 5 copies) and S88B Instrument (plus 5 copies) prepared by a registered surveyor.

 

5.         203a         Public Utility Relocation. If any public services are to be adjusted , as a result of     the development, the applicant is to arrange with the relevant public utility authority the alteration or removal of those affected services. Any such work being carried out at the applicant’s cost and prior to the commencement of works.

 

6.         88B instrument: An instrument under 88B of the Conveyancing Act 1919 plus two copies is to be submitted to Council prior to the Release of Subdivision Certificate.

 

            The 88B instrument shall properly reflect the requirements of the conditions of the development consent, plans forming part of the consent and Council’s policies.

 

            Where Council or interallotment drainage lines are located within the development, drainage easements shall be created in accordance with Council’s minimum widths as set out in Council’s DCP for Stormwater Management.

 

            Part 2 of the 88B instrument shall contain a provision that any easements, rights of way, covenants shall not be extinguished or altered without the written consent of Council.

 

7.         Access to the rear lot shall comply with the requirements for Property Access Roads as outlined within Section 4.1.3(2) of Planning for Bush Fire Protection 2006.

 

            This response is to be deemed the Bush Fire Safety Authority as required under section 100B of the Rural Fires Act 1997.

 

8.         (300)  A Tree Preservation Order applies in the Lane Cove local government area.  The Order prohibits the cutting or removal of any tree except with the consent of Council, which must be strictly and fully complied with, and the penalty for contravention of this Order is up to one million, one hundred thousand ($1,100,000).  The co-operation of all residents is sought in the preservation of the bushland character of the Municipality.  All enquiries concerning the Tree Preservation Order must be made at the Council Chambers, Lane Cove.

 

9.         A separate Development Application shall be submitted for Council’s consideration for the construction of a dwelling house, alteration and/or additions on each or any of the proposed allotments, including the provision of on-site parking space for 28 Henley Street.

 

10.       Trees numbered T8, T9, T10, T14 and T15 indicated on the plan submitted with this Development Application are to be retained, tagged and protected when configuring any future proposed dwelling house building footprint and associated engineering works for the proposed rear lot.

 

11.       The applicant shall consult with the relevant Public Authorities and meet all costs involved in any alterations required to Mains and Services.

 

12.       The following documentary evidence is to be obtained and forwarded to the Principal Certifying Authority prior to the release of the subdivision certificate:

 

(a)        A Section 73 compliance certificate under the Sydney Water Act 1994 must be obtained. Application must be made through an authorised Water Servicing Coordinator.

 

            The Notice must be submitted to the Principal Certifying Authority prior to the Construction Certificate being issued.

 

13.       The Section 73 certificate must be submitted to the Principal Certifying Authority prior to the release of the Linen Plan of the development.

 

14.       The submission of a surveyor’s certificate stating that no services, drainage lines or access way encroach over the proposed boundary other than as provided for by easements created by the final plan of subdivision.

 

15.       A final clearance is to be obtained from both Energy Australia and Telstra for satisfactory provision of services to the proposed lots.

 

 

The Deputy Mayor declared the  carried unanimously.

  

Councillor Longbottom rejoined the meeting and took the chair.

 

 

CLOSE

 

The meeting closed at 7:38pm

 

Confirmed at the Ordinary Council Meeting of 3 September 2007, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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

 

MEETING FILE REF:  Document2