Lane Cove Council

 

 

 

Ordinary Council

 

MINUTES

 

DATE OF MEETING:
19 November 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), Councillor W. Gaffney,  Councillor R. D’Amico, Councillor K. Freedman, Councillor J. Hassarati, Councillor T. Lawson, Councillor F.Teirney and Councillor R. Tudge.

 

ALSO PRESENT:

 

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

 

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

 

Environmental Services Division Report No. 42

SUBJECT: 24E Upper Cliff Road, Northwood

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 and its contents contain advice concerning litigation which has been prepared with a view to submission, and will be so submitted, to Council's lawyers in the context and for the purposes of the current litigation the subject of the report,
•        the issues contained in the report are substantial issues relating to a litigious matter in which Council is involved, and are clearly identified and fully discussed in the advice in the report,

 

 

No members of the public made representations.

Procedural MOTION

296

RESOLVED on the motion of Councillors Teirney and Gaffney 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.       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.

 

The public and media left the chamber.

 

Closed Committee of the Whole commenced.

  

 

Environmental Services Division Report No. 42

SUBJECT: 24E Upper Cliff Road, Northwood

 

 

 RECOMMENDATION OF COUNCIL IN CLOSED COMMITTEE

 

That Council continue legal proceedings in this matter.

 

 

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

 

For the Motion were Councillors D'Amico, Freedman, Lawson, Teirney and Tudge (Total 5).

Against the Motion were Councillors Gaffney, Hassarati and Longbottom (Total 3).

 

PROCEDURAL MOTION

297

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

 

The Mayor declared the motion carried unanimously.

 

DECLARATIONS OF INTEREST:

 

Councillor Freedman declared a non-pecuniary interest in relation to Environmental Services Division Report No. 44 – Draft LEP Amendment No. 67 – 3 Amalfi Place Longueville on the basis that the matter relates to her local area and she knows a number of residents in the Amalfi Estate, some of whom have or may have the benefit of a covenant and some of whom have or may have the burden.

 

APOLOGIES                                                    

Apologies be received on behalf of Councillor Ann Smith.

298

RESOLVED on the motion of Councillors Longbottom and Gaffney that apology be accepted and leave of absence be granted and wishes for a speedy recovery be forwarded.

 

The Mayor declared the motion carried unanimously.

 

OPENING OF MEETING WITH PRAYER

 

The meeting was opened with a prayer by the General Manager.

 

SUSPENSION OF STANDING ORDERS

299

RESOLVED on the motion of Councillors Gaffney and Teirney 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 persons addressed Council:-

 

Ms Helen Symons – 6 Private Road, Northwood regarding box brush tree on the property and an independent arborists report on the tree.

 

Mr Ron Gornall - Osbourne Park Progress Association regarding aircraft movements over Lane Cove.

 

Mr Doug Stuart – William Edward Street Longueville regarding Environmental Services Division Report 45 Lane Cove Village Structure Plan.

 

Mr John Bykerk - Lane Cove Commercial Property Owners – regarding Maunsell Report on parking requirements for Lane Cove.

 

Greg Miles – 83 Kenneth Street Longueville Environmental Services Division Report No. 44 – Draft LEP Amendment No. 67 – 3 Amalfi Place Longueville.

 

Mr Paul Gibbs – Lane Cove retailer and owner of property in Lane Cove Plaza regarding the Maunsell Report on parking requirements for Lane Cove.

 

Councillor D’ Amico vacated the chamber at 7:26pm during Suspension of Standing Orders.

 

Mrs  Riccardi  23 Osbourne Road Lane Cove regarding request for removal of covenant on 23 Osbourne Road Lane Cove.

 

Resumption of Standing Orders

300

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

 

The Mayor declared the motion carried unanimously.

 

Confidential Items

 

The following resolutions of Council while the meeting was closed to the public were read to the meeting by the General Manager:-

 

Environmental Services Division Report No. 42

SUBJECT: 24E Upper Cliff Road, Northwood

 

That Council continue legal proceedings in this matter.

 

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

 

For the Motion were Councillors Freedman, Lawson, Teirney and Tudge (Total 4).

Against the Motion were Councillors Gaffney, Hassarati and Longbottom (Total 3).

          Absent: Councillor D’Amico.

 

Procedural Motion

302

RESOLVED on the motion of Councillors Tudge and Gaffney that the letter from CPOWA in relation to the Maunsell Report be noted and received.

 

The Mayor declared the motion carried unanimously.

Absent: Councillor D’Amico

 

Councillor D’ Amico rejoined the meeting at 7:31pm.

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 5 NOVEMBER 2007

303

RESOLVED on the motion of Councillors Tudge and Gaffney that the minutes of the Ordinary Council meeting held on the 5 November 2007 be received.

 

The Mayor declared the motion carried unanimously.

 

304

RESOLVED on the motion of Councillors Tudge and Gaffney  that the minutes of the Ordinary Council meeting held on the 5 November 2007 be confirmed.

 

The Mayor declared the motion carried unanimously.

 

Procedural Motion

305

RESOLVED on the motion of Councillors Longbottom and Gaffney that the under listed reports be brought forward and dealt with in following order:-

Environmental Services Division Report No. 45 – Lane Cove Village Structure Plan – Information Session,

Environmental Services Division Report No. 44 – Draft LEP Amendment No. 67 – 3 Amalfi Place,

Environmental Services Division Report No. 37 – Request for Removal of Covenant – 23 Osbourne Road, Lane Cove,

Open Space and Urban Services Division Report No. 38 – Traffic and Parking Master Plan for Lane Cove Town Centre,

Environmental Services Division Report No. 47 – 6 Private Road, Northwood,

General Manager’s Report No. 30 – Retail Marketing Strategy,

 

The Mayor declared the motion carried unanimously.

 

SUSPENSION OF STANDING ORDERS

306

RESOLVED on the motion of Councillors Tudge and Gaffney that Standing Orders be suspended to allow Councillors and the gallery to view a presentation and ask questions on the Lane Cove Village Structure Plan.

 

The Mayor declared the motion carried unanimously.

 

A presentation was made to Council by Taktics4.

 

RESUMPTION OF STANDING ORDERS

307

RESOLVED on the motion of Councillors Tudge and Teirney that Standing Orders be Resumed.

 

The Mayor declared the motion carried unanimously.

 

Environmental Services Division Report No. 45

SUBJECT:  Lane Cove Village Structure Plan - Information Session

308

RESOLVED on the motion of Councillors Tudge and Gaffney that Council note this Report.

 

 

The Mayor declared the motion carried unanimously.

 

Environmental Services Division Report No. 44

SUBJECT: Draft LEP Amendment No.67 - 3 Amalfi Place

 

MOTION

 

A motion was moved by Councillors Longbottom and Hassarati that:-

 

1.         Council resolve to prepare a draft local environmental plan in the terms of Draft LEP Amendment No.67 – 3 Amalfi Place dated 13 November, 2007 attached as AT 1, in accordance with section 54 of the Environmental Planning and Assessment Act.

 

2.         Council submit Draft LEP Amendment No.67 to the Department of Planning with a request for Written Authorisation to exhibit the draft plan, in accordance with section 54 of the Act.

 

3.         Subject to receiving the Written Authorisation to exhibit the draft plan, Council place the draft plan on public exhibition in accordance with section 6 of the Act, and undertake consultation as detailed in the body of the report.

 

 

 

Foreshadowed Motion

 

A Foreshadowed Motion was moved by Councillors Freedman and Tudge that having regard to the amount of covenants in the Amalfi Estate that Council as a matter of policy not proceed with site specific LEP’s for the extinguishment of covenants.

 

Extension of Time

309

RESOLVED on the motion of Councillors Gaffney and Teirney that Councillor Freedman be granted an extension of time to speak against the motion.

 

The Mayor declared the motion carried unanimously.

 

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

 

For the Motion were Councillors D'Amico, Hassarati, Lawson, Longbottom and Teirney (Total 5).

Against the Motion were Councillors Freedman, Gaffney and Tudge (Total 3).

 

The Foreshadowed motion lapsed.

 

Environmental Services Division Report No. 37

SUBJECT: Request for Removal of Covenant - 23 Osborne Road, Lane Cove

311

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

 

1.         Council advise Mr Pantalone that his request for removal of the Caveat cannot be supported and that the restoration works required be carried out.

 

2.         Should the above not be met, appropriate action be taken to seek compliance.

 

 

The Mayor declared the motion carried unanimously.

 

Open Space and Urban Services Division Report No. 38

SUBJECT: Traffic and Parking Master Plan for Lane Cove Town Centre

312

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

 

1.          This matter be deferred for consideration in February 2008;

 

2.          During the deferred period:-

·        consultation be made with commercial property owners;

·        investigations take place as to seasonally updating the parking surveys; and

·        The Maunsell Report be audited by a traffic engineer.

 

3.    The feasibility including costs of updating GFA study to 2007 be investigated and a report be submitted to Council.

 

 

The Mayor declared the motion carried unanimously.

 

ADJOURNMENT

 

The Council meeting was adjourned at 8:23pm.

 

The Mayor opened the Planning and Building Committee and the Services and Resources Committee meetings at 8:23pm and adjourned them.

 

RESUMPTION

 

The Council meeting was resumed at 8:24pm.

 

Environmental Services Division Report No. 47

SUBJECT: 6 Private Road, Northwood

 

MOTION

 

A  motion was moved by Councillors D’Amico and Longbottom that Council give consent for the tree to be removed and be replaced with a suitable tree of an advanced size.

 

Foreshadowed Motion

 

A Foreshadowed Motion was moved by Councillors Freedman and Lawson that Council adopt  the report and conclusions of Senior Consultant Arborist, Mr L Dorfer from Urban Tree Management and resolve that the tree be retained.

 

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

 

For the Motion were Councillors D'Amico, Teirney, Hassarati and Longbottom (Total 4).

Against the Motion were Councillors Freedman, Lawson, Gaffney and Tudge (Total 4)

313    The Mayor used his casting vote and declared the motion carried.

 

The Foreshadowed Motion lapsed.

 

Matter Arising

314

RESOLVED on the motion of Councillors Freedman and Longbottom that the conditions of approval for 6 Private Road, Northwood are to include the replacement of the removed tree with a suitable tree at an advanced stage.

 

The Mayor declared the motion carried unanimously.

 

GENERAL MANAGERS REPORTS

 

General Managers Report No. 30

SUBJECT: Retail Marketing Strategy

315

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

 

1.         Council endorse the Lane Cove Retail Marketing Strategy commissioned by Lane Cove ALIVE Leadership Group and prepared by Taktics4 as a document to guide economic sustainability in Lane Cove Village.

2.              

2.        The Lane Cove Retail Marketing Strategy be published on the Lane Cove Council Website with a link to the Lane Cove ALIVE website.

 

3.        A copy of the Lane Cove Retail Marketing Strategy be provided to City Plan Services to assist in the development of the Lane Cove Village Structure Plan.

 

4.        Lane Cove ALIVE Leadership Group be thanked for their efforts in undertaking this strategically important study to assist the economic sustainability of Lane Cove Village.

 

 

The Mayor declared the motion carried unanimously.

 

Orders Of The Day

 

Order Of The Day No. 23

SUBJECT: Council and Committee Meeting Schedule - December 2007

316

RESOLVED on the motion of Councillors Gaffney and D'Amico the Council and Committee Schedule for December 2007 be adopted.

 

 

The Mayor declared the motion carried unanimously.

 

Corporate Services Division Reports

 

Corporate Services Division Report No. 52

SUBJECT: 2006 - 2007 Annual Report

317

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

 

1.       Council adopt the Draft Annual Report for 2006/2007;

 

2.       The Report be forwarded to the Minister for Local Government; and

 

3.       The report be made available on Council’s website.

 

 

The Mayor declared the motion carried unanimously.

 

Corporate Services Division Report No. 53

SUBJECT: 1st Quarter 2007 - 2008 Budget Review

318

RESOLVED on the motion of Councillors D'Amico and Gaffney that the 2007 - 2008 Budget be varied in terms of this report.

 

 

The Mayor declared the motion carried unanimously.

 

Corporate Services Division Report No. 56

SUBJECT: Report on 2007 Local Government Association Conference

319

RESOLVED on the motion of Councillors Gaffney and Tudge that the report on the 2007 Local Government Association Conference be received and noted.

 

 

The Mayor declared the motion carried unanimously.

 

Corporate Services Division Report No. 57

SUBJECT: 1st Quarter Review of 2007-2010 Management Plan

320

RESOLVED on the motion of Councillors Tudge and Gaffney that the First Quarter Review of the 2007-2010 Management Plan be received and noted.

 

 

The Mayor declared the motion carried unanimously.

 

Open Space and Urban Services Division Reports

 

Open Space and Urban Services Division Report No. 39

SUBJECT: Lane Cove Village Express - Bus Stop Accessibility

 

MOTION

 

A motion was moved by Councillors Freedman and Tudge that Council upgrade the bus stop in Banksia Close, Lane Cove West to provide for improved accessibility for patrons of the Lane Cove Village Express bus service.

 

321

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

 

For the Motion were Councillors Freedman, Gaffney, Hassarati, Lawson, Longbottom, Teirney and Tudge (Total 7).

Against the Motion were Councillors D'Amico and (Total 1).

 

Environmental Services Division Reports

 

Environmental Services Division Report No. 40

SUBJECT: Section 94 Contribution Plan

322

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

 

1.   Note Department of Planning Circular PS 07-018 – Developer Contributions;

 

2.   Notify those parties who made a submission on the draft Section 94 Plan;

 

  1. Council staff monitor progress of this issue and review the Draft Section 94 Plan accordingly;

 

  1. Write a letter of to the Premier of NSW making a complaint about the Minister for Planning and the proposed changes to Section 94 Contributions and indicating to the Premier the community facilities that are provided through Section 94 contributions; and

 

  1. Support the campaign of the Local Government Association against proposals to change Section 94 plans.

 

 

The Mayor declared the motion carried unanimously.

 

Environmental Services Division Report No. 41

SUBJECT: Councils Ability to Impose Conditions on Subdivisions

323

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

 

1.             Develop a policy to impose conditions that would constrain future buildings for subdivision applications that seek to create allotments that are smaller than usual or environmentally sensitive or where significant impacts on neighbours is likely and careful design is required to minimise them.

 

2.             Receive on resolution a draft policy.

 

 

The Mayor declared the motion carried unanimously.

 

Human Services Division Reports

 

Human Services Division Report No. 25

SUBJECT: Living in Harmony Programme - Grant Funds Received

324

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

 

1.             Receive and note the Report.

 

2.             Staff  be thanked for their efforts in such a a successful project.

 

 

The Mayor declared the motion carried unanimously.

  

 

 

 

CLOSE

 

The meeting closed at 9:03pm.

 

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

 

 

MAYOR

 

 

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

 

MEETING FILE REF:  Document1