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Minutes

Ordinary Council Meeting

16 June 2008 6:42pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 16 June 2008

 

Minutes

 

 

 

PRESENT: Councillor I. Longbottom, (Chair), R. D’Amico, Councillor K. Freedman, Councillor W. Gaffney,  Councillor J. Hassarati, Councillor T. Lawson, and Councillor F.Teirney.   Councillor Hassarati joined the meeting at 6.52pm.

 

ALSO PRESENT: General Manager,  Executive Manager - Corporate Services, Executive Manager - Environmental Services,  Executive Manager – Open Space & Urban Services, Executive Manager - Human Services, Senior Town Planner, Director Major Projects, Manager – Development Assessment and Chief Executive Secretary.

 

DECLARATIONS OF INTEREST:

 

Councillor Lawson declared a pecuniary interest in Open Space & Urban Services Report No. 24 – Subsidence at 25 Best Street, Lane Cove as he is the owner of a property in the complex.

 

Councillor Teirney declared a pecuniary interest in Environmental Services division Report No. 37 – Draft Local Environmental Plan 2008 – DLEP Objectives, Neighbourhood shops floor area & FSR Definitions as she is the owner of a property in close proximity to 314 Burns Bay Road, Lane Cove.

 

APOLOGIES                                                     

Apologies were received on behalf of Councillor A. Smith and Councillor R. Tudge.

 

185

RESOLVED on the motion of Councillors Teirney and Gaffney that  that the apologies be accepted and leave of absence be granted.

 

The Mayor declared the motion carried unanimously.

 

OPENING OF MEETING WITH PRAYER

 

The meeting was opened with a prayer by  Rev. Jerry Duncan from Lane Cove Uniting Church.

 

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

 

Open Space and Urban Services Division Report No. 16

SUBJECT: Non Payment of Management Fees

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (b) of the Local Government Act, 1993, on the grounds that the matter will involve the discussion of the personal hardship of any resident or taxpayer; 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 provides details of the personal financial circumstances of the individual/s involved.

 

 

Open Space and Urban Services Division Report No. 18

SUBJECT: Non Payment of Contract Revenue

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (b) of the Local Government Act, 1993, on the grounds that the matter will involve the discussion of the personal hardship of any resident or taxpayer; 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 details of the personal financial circumstances of the individual/s involved.

 

 

Open Space and Urban Services Division Report No. 24

SUBJECT: Subsidence at 25 Best Street, Lane Cove

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  specifically the report contains details of legal advice received by Council in relation to this matter.

 

 

No members of the public made representations.

 

PROCEDURAL MOTION

186

RESOLVED on the motion of Councillors Gaffney and Teirney 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.

 

Council moved into Closed Committee of the Whole. The public and media left the chamber.

 

Closed Committee of the Whole commenced.

 

Confidential Items

 

Open Space and Urban Services Division Report No. 16

SUBJECT: Non Payment of Management Fees

 

 

RECOMMENDATION OF COUNCIL IN CLOSED COMMITTEE

 

That Council proceed as discussed in Closed Committee of Council.

 

 

 

Open Space and Urban Services Division Report No. 18

SUBJECT: Non Payment of Contract Revenue

 

 

RECOMMENDATION OF COUNCIL IN CLOSED COMMITTEE

 

That Council proceed as discussed in Closed Committee of Council.

 

 

 

Procedural Motion

187

RESOLVED on the motion of Councillors Gaffney and Teirney that the Closed Committee Meeting be adjourned and that Open Council be resumed.

 

The Mayor declared the motion carried unanimously.

 

ACKNOWLEDGEMENT OF COUNTRY

 

The Mayor gave an Acknowledgement of Country.

 

SUSPENSION OF STANDING ORDERS

188

RESOLVED on the motion of Councillors Teirney and D’Amico 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.

 

Terry Jones 7 Bellevue Avenue Greenwich regarding the DLEP with respect to Nield Avenue.

 

Rachael Lynton 7-15 Bellevue Avenue Greenwich regarding the DLEP and zoning Nield Avenue

 

Ian Biner Burley Street, Lane Cove regarding 24 hour trading PB Service Station on corner of Pacific Highway & Burley Street, DLEP zoning for 8 storey development on Longueville Road between Bus Terminus and Burley Street.

 

Brian Cole 218 Pacific Highway Greenwich regarding proposals for development in Nield Avenue.

 

Pam Palmer 11 Mitchell Street Greenwich, regarding items in DLEP and concerns raised by Greenwich Community Association submission.

 

Resumption of Standing Orders

189

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

 

The Mayor declared the motion carried unanimously.

 

Procedural Motion

190

RESOLVED on the motion of Councillors Longbottom and Gaffney that the following items be brought forward and dealt with at this time:

 

General Manager’s Report 23 – Proposed Closure of Lower Part of Nield Avenue and Public Pathway.

 

Environmental Services Division Report No. 36 – DLEP 2007 2nd Exhibition Further Report.

 

Environmental Services Division Report No. 37 – Draft Local Environmental Plan 2008 – DLEP Objectives, Neighbourhood Shops Floor Area & FSR Definitions.

 

The Mayor declared the motion carried unanimously.

 

General Managers Reports

 

General Managers Report No. 23

SUBJECT: Proposed Closure of Lower Part of Nield Avenue and Public Pathway

191

RESOLVED on the motion of Councillors Longbottom and Gaffney that Council, having considered all submissions and/or objections received in relation to the proposal to close the lower part of Nield Ave and the public pathway between Nield Ave and Morven Gardens, request the Department of Lands to approve the road closure and effect gazettal, noting that:

 

a)   Valid objections raised by Sydney Water requiring an easement over their water main services can be addressed by either the purchaser removing their infrastructure prior to registration of the plan or by incorporating an easement in favour of Sydney Water over their infrastructure;

 

b)   Valid objections raised by Energy Australia requiring an easement over the whole of the road to be closed for their services can be addressed by either the purchaser removing their infrastructure prior to registration of the plan or by incorporating an easement in favour of Energy Australia for their infrastructure;

 

c)   Valid objections raised by Alinta requiring an easement over their gas services can be addressed by either the purchaser removing their infrastructure prior to registration of the plan or by incorporating an easement in favour of Alinta for their infrastructure;

 

d)   Valid submissions seeking assurance that existing traffic arrangements remain for residents in the event that the proposed development is not approved can be addressed by requiring an easement / right of way in favour of the public over the road pavement to maintain public access until an alternate vehicle turning arrangements are implemented.

 

e)   Submissions objecting to the proposed road closure based on loss of on street parking in Nield Ave and related matters are not validly based;

 

f)    Submissions relating the proposal to a development approval / process are not validly based; and

 

g)   Submissions questioning Council’s processes in approving the sale of the closed road subject to conditions are not validly based.

 

 

The Mayor declared the motion carried unanimously.

 

Environmental Services Division Report No. 36

SUBJECT: DLEP 2007 2nd Exhibition Further Report

192

RESOLVED on the motion of Councillors Longbottom and Teirney that the report be received and noted.

 

 

The Mayor declared the motion carried unanimously.

 

Environmental Services Division Report No. 37

SUBJECT: Draft Local Environmental Plan 2008 - DLEP Objectives, Neighbourhood Shops floor area & FSR definitions

Councillor Teirney vacated the chamber and took no part in discussion or voting.

 

 

 

MOTION

 

A motion was moved by Councillors Longbottom and Gaffney that the Draft Comprehensive Local Environmental Plan be amended for re-exhibition to include:-

 

(i)         a maximum floor area of 400 m2 for neighbourhood shops be allowed on regional routes and that up to 300m2 for other neighbourhood shops not on regional routes;

(ii)        the following aims and objectives be incorporated into Lane Cove Local Environmental Plan 2008:-

Part 1  Preliminary

         1.1     Name of Plan [compulsory]

This Plan is Lane Cove Local Environmental Plan 2008.

         1.2     Aims of Plan [compulsory]

          (1).... This Plan aims to make local environmental planning provisions for land in Lane Cove in accordance with the relevant standard environmental planning instrument under section 33A of the Act.

          (2).... The particular aims of this Plan are as follows:

           (a)  to establish, as the first land use priority, Lane Cove’s sustainability in environmental, social and economic terms, based on ecologically sustainable development, inter-generational equity, the application of the precautionary principle and the relationship of each property in Lane Cove with its locality,

(b) to preserve and, where appropriate, improve the existing character, amenity and environmental quality of the land to which this Plan applies in accordance with the indicated expectations of the community,

(c)  in relation to residential development, to provide a housing mix and density that:

(i)               accords with urban consolidation principles, and

(ii)              is compatible with the existing environmental character of the locality, and

(iii)            has a sympathetic and harmonious relationship with adjoining development,

(d) in relation to economic activities, to provide a hierarchy of retail, commercial and industrial activities that enable the employment capacity targets of the Metropolitan Strategy to be met, provide employment diversity and are compatible with local amenity, including the protection of the existing village atmosphere of the Lane Cove Village Centre,

(e)  in relation to the management of open space, public and privately-owned bushland, riparian and foreshore land:

(i)             to protect and, where possible, restore riparian land along the Lane Cove River, Stringy Bark Creek and other watercourses in Lane Cove and the foreshore bushland of Sydney Harbour, and

(ii)           to make more foreshore land available for public access, and

(iii)          to link existing open space areas for public enjoyment,

(f)   in relation to conservation:

(i)            to protect, maintain and effectively manage public and privately-owned watercourses and areas of riparian land, foreshores and bushland and, where possible, restore them to as close a state to natural as possible, and

(ii)          to ensure that development does not adversely affect the water quality or ecological systems of riparian land or other areas of natural environment, and

(iii)         to control all new buildings, extensions and alterations to ensure their compatibility with surrounding existing built form and natural environmental character, and

(iv)        to conserve heritage items,

(g) in relation to community facilities, to provide for the range and types of accessible community facilities that meet the needs of the current and future residents and other users .

(h)  in relation to the principle of integrating land use and transport, to relate development to sustainable traffic levels,

(i)   in relation to accessibility, to increase the number of accessible properties and facilities in Lane Cove,

(j)   in relation to housing, to increase the number of affordable dwellings in Lane Cove and to promote housing choice.

Zone R2     Low Density Residential

            1     Objectives of zone

             •     To provide for the housing needs of the community within a low density residential environment.

             •     To enable other land uses that provide facilities or services to meet the day to day needs of residents.

·         To retain and where appropriate improve the existing residential amenity of a detached single family dwelling area

·         To encourage new dwelling houses or extensions of existing dwelling houses which are not highly visible when viewed from the Lane Cove River or the Parramatta River

·         To ensure a maximum height of 5 metres is maintained for multi dwelling housing.

·         To ensure that landscaping is maintained and enhanced as a major element in the residential environment.

Zone R3     Medium Density Residential

            1     Objectives of zone

             •     To provide for the housing needs of the community within a medium density residential environment.

             •     To provide a variety of housing types within a medium density residential environment.

             •     To enable other land uses that provide facilities or services to meet the day to day needs of residents.

·         To encourage the development of buildings that are designed in response to the characteristics of the site and locality.

·         To maximise the residential amenity of medium density housing in the area.

·         To provide for a suitable visual transition between high density residential areas and lower density areas.

·         To ensure that landscaping is maintained and enhanced as a major element in the residential environment.

            2     Permitted without consent

Nil

            3     Permitted with consent

Attached dwellings

Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Child care centres; Community facilities; Demolition; Drainage; Earthworks; Educational establishments; Group homes; Health consulting rooms; Home businesses; Home industries; Hospitals; Multi dwelling housing; Neighbourhood shops; Places of public worship; Roads; Seniors housing; Shop top housing; Signage; Utility installations

            4     Prohibited

Zone R4     High Density Residential

            1     Objectives of zone

             •     To provide for the housing needs of the community within a high density residential environment.

             •     To provide a variety of housing types within a high density residential environment.

             •     To enable other land uses that provide facilities or services to meet the day to day needs of residents.

·         To ensure that landscaping is maintained and enhanced as a major element in the residential environment.

·         To provide for a high concentration of housing with good access to transport, services and facilities

·         To ensure that the existing amenity of residences in the neighbourhood is respected

·         To avoid the isolation of sites resulting from site amalgamation

·         To ensure that landscaping is maintained and enhanced as a major element in the residential environment.

            2     Permitted without consent

 

Nil

 

            3     Permitted with consent

 

Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Child care centres; Community facilities; Demolition; Drainage; Earthworks; Educational establishments; Exhibition homes; Group homes; Health consulting rooms; Home businesses; Home industries; Hospitals; Hotel accommodation; Mixed use development; Multi dwelling housing; Neighbourhood shops; Places of public worship; Residential flat buildings; Roads; Seniors housing; Shop top housing; Signage; Utility installations

 

4    Prohibited

 

Any development not specified in item 2 or 3

 

Zone R5    Large Lot Residential (Not applicable)

Zone B1     Neighbourhood Centre

            1     Objectives of zone

             •     To provide a range of small-scale retail, business and community uses that serve the needs of people who live or work in the surrounding neighbourhood.

·         To encourage urban design maximising attractive public domain and adequate circulation space throughout the neighbourhood centres for current and future users.

·         To ensure that landscaping is a significant element in public and private development viewed from the public domain.

            2     Permitted without consent

Nil

            3     Permitted with consent

 

Building identification signs; Business identification signs; Business premises (other than funeral chapels and health consulting rooms); Car parks; Child care centres; Community facilities; Demolition; Drainage; Earthworks; Mixed use development; Neighbourhood shops; Office premises; Restaurants; Roads; Shop top housing; Signage; Take away food or drink premises; Utility installations; Veterinary hospitals

            4     Prohibited

Any development not specified in item 2 or 3

Zone B2     Local Centre

            1     Objectives of zone

             •     To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.

             •     To encourage employment opportunities in accessible locations.

             •     To maximise public transport patronage and encourage walking and cycling.

·         To  encourage a high standard of urban design that responds appropriately to the character of the Centre and contributes to achieving a sense of place for the local community

·         To preserve the character of the Lane Cove Village Centre by encouraging a moderate scale of development compatible with its heritage buildings and the amenity of its public places

·         To ensure that this centre retains its role of “local centre” in the hierarchy of lower North Shore retailing and to permit development for the purpose of offices, community and other facilities that conform with the village character

·         To encourage urban design maximising attractive public domain and adequate circulation space throughout the Lane Cove Village centre for current and future users.

·         To ensure that landscaping is a significant element in public and private development viewed from the public domain.

            2     Permitted without consent

Nil

            3     Permitted with consent

                           Building identification signs; Business identification signs; Business premises (other than funeral chapels and health consulting rooms); Car parks; Child care centres; Community facilities; Demolition; Drainage; Earthworks; Educational establishments; Entertainment facilities; Food and drink premises; Function centres; Hotel accommodation; Information and education facilities; Medical centres; Mixed use developments; Office premises; Passenger transport facilities; Public administration buildings; Recreation facilities (indoor); Registered clubs; Retail premises; Roads; Service stations; Shop top housing; Signage; Telecommunications facilities; Tourist and visitor accommodation; Utility installations

            4       Prohibited

Any development not specified in item 2 or 3

Zone B3     Commercial Core

            1     Objectives of zone

             •     To provide a wide range of retail, business, office, entertainment, community and other suitable land uses that serve the needs of the local and wider community.

             •     To encourage appropriate employment opportunities in accessible locations.

             •     To maximise public transport patronage and encourage walking and cycling.

·         To integrate business, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.

·         To maximise sunlight for surrounding properties, including residential, and the public domain.

·         To encourage urban design maximising attractive public domain and adequate circulation space throughout the St Leonards commercial centre for current and future users.

            2     Permitted without consent

Nil

            3     Permitted with consent

Business premises (other than Funeral chapels and Health consulting rooms); Car parks; Child care centres; Community facilities; Demolition; Drainage; Earthworks; Educational establishments; Entertainment facilities; Food and drink premises; Function centres; Hotel or motel accommodation; Information and education facilities; Mixed use development; Office premises; Passenger transport facilities; Public administration buildings; Recreation facilities (indoor); Registered clubs; Retail premises; Roads; Signage; Telecommunications facilities; Utility installations; Vehicle showrooms.

4...... Prohibited

Any development not specified in item 2 or 3

Zone B4     Mixed Use

            1     Objectives of zone

             •     To provide a mixture of compatible land uses.

             •     To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.

·         To integrate suitable business, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.

·         To encourage urban design maximising attractive public domain and adequate circulation space throughout the Lane Cove Village centre for current and future users.

·         To maximise sunlight for surrounding properties and the public domain.

·         To ensure that landscaping is a significant element in development viewed from the public domain and neighbouring properties.

            2     Permitted without consent

Nil

            3     Permitted with consent

 

Boarding houses; Building identification signs; Business identification signs; Business premises (other than Funeral chapels and Funeral homes); Car parks; Child care centres; Community facilities; Demolition; Drainage; Earthworks; Educational establishments; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Mixed use development; Multi dwelling housing; Office premises; Passenger transport facilities; Public administration buildings; Recreation facilities (indoor); Registered clubs; Restaurants; Residential flat buildings; Retail premises; Roads; Seniors housing; Shop top housing; Signage; Take away food or drink premises; Utility installations

            4     Prohibited

Any development not specified in item 2 or 3

Zone B5     Business Development (Not applicable)

Zone B6     Enterprise Corridor (Not applicable)

Zone B7     Business Park (Not applicable)

Zone IN1    General Industrial (Not applicable)

Zone IN2    Light Industrial

            1     Objectives of zone

             •     To provide a wide range of light industrial, warehouse and related land uses.

             •     To encourage employment opportunities and to support the viability of centres.

             •     To minimise any adverse effect of industry on other land uses.

             •     To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.

·         To ensure that landscaping is a significant element in development viewed from the public domain and neighbouring properties.

·         To recognise the close proximity of this zone to adjoining residential areas and to reduce potential conflict between industrial and residential uses.

 

            2     Permitted without consent

Nil

            3     Permitted with consent

 

Building identification signs; Business identification signs; Car parks; Child care centres; Community facilities; Demolition; Depots; Drainage; Earthworks; Emergency services facilities; Food and drink premises; Industries; Light industries; Mixed use development; Neighbourhood shops; Recreation areas; Recreation facilities (indoor); Roads; Self storage units; Sex services premises; Signage; Telecommunications facilities; Transport depots; Truck depots; Utility installations; Vehicle sales or hire purchase; Warehouse or distribution centres

            4     Prohibited

Any development not specified in item 2 or 3

Zone IN3    Heavy Industrial (Not applicable)

Zone IN4    Working Waterfront

            1     Objectives of zone

             •     To retain and encourage waterfront industrial and maritime activities.

             •     To identify sites for maritime purposes and for activities that require direct waterfront access.

             •     To ensure that development does not have an adverse impact on the environmental and visual qualities of the foreshore.

             •     To encourage employment opportunities.

             •     To minimise any adverse effect of development on land uses in other zones.

            2     Permitted without consent

Environmental protection works

            3     Permitted with consent

 

Boat launching ramps; Boat repair facilities; Building identification signs; Business identification signs; Commercial port facilities; Demolition; Drainage; Earthworks; Heavy industry; Jetties; Light industries; Roads; Signage; Utility installations

            4     Prohibited

Any development not specified in item 2 or 3

Zone SP1  Special Activities (Not applicable)

Zone SP2  Infrastructure

            1     Objectives of zone

             •     To provide for infrastructure and related uses.

             •     To prevent development that is not compatible with or that may detract from the provision of infrastructure.

            2     Permitted without consent

Nil

            3     Permitted with consent

 

The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose;  Building identification signs, Business identification signs; Demolition; Drainage; Earthworks; Roads; Signage; Telecommunications facilities; Utility installations

            4     Prohibited

Any development not specified in item 2 or 3

Zone SP3  Tourist (Not applicable)

 

Zone RE1  Public Recreation

            1     Objectives of zone

             •     To enable land to be used for public open space or recreational purposes.

             •     To provide a range of recreational settings and activities and compatible land uses.

             •     To protect and enhance the natural environment for recreational purposes.

·         To make provision for rights of public access to increased areas of foreshore land and to link existing open space areas.

            2     Permitted without consent

Environmental protection works

 

            3     Permitted with consent

 

Building identification signs; Business identification signs; Child care centres;  Community facilities; Demolition; Drainage; Earthworks; Environmental facilities; Kiosks; Marinas; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Restaurants; Roads; Signage; Take away food or drink premises; Utility installations

            4     Prohibited

Any development not specified in item 2 or 3

Zone E1     National Parks and Nature Reserves (Not applicable)

Zone E2     Environmental Conservation (Not applicable)

Zone E2     Environmental Conservation

            1     Objectives of zone

             •     To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.

             •     To prevent development that could destroy, damage or otherwise have an adverse effect on those values.

 

            2     Permitted without consent

.................. Environmental protection works

            3     Permitted with consent

                   Drainage; earthworks; environmental facilities; roads; utility 

                   installations. 

            4     Prohibited

Business premises; Hotel or motel accommodation; Industries; Multi dwelling housing; Recreation facilities (major); Residential flat buildings; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone E3     Environmental Management (Not applicable)

Zone E4     Environmental Living (Not applicable)

Zone W1    Natural Waterways (Not applicable)

Zone W2    Recreational Waterways (Not applicable)

Zone W3    Working Waterways (Not applicable)

 

 (iii)      a maximum height 15m and floor space ratio of 1.5:1 for the Nield Avenue area be put on display.

 

 

 

Foreshadowed Motion

 

A Foreshadowed Motion was moved by Councillors D'Amico and Lawson that the Draft Comprehensive Local Environmental Plan be amended for re-exhibition to include:-

 

(i)         a maximum floor area of 400 m2 for neighbourhood shops be allowed on regional routes and that up to 300m2 for other neighbourhood shops not on regional routes and

(ii)        additional Objectives to increase the provisions for the enhancement of Lane Cove’s character as discussed.

(iii)       a Maximum height of 12m and floor space ratio 1.2:1 for the Nield Avenue area

 

The Motion was put to the Meeting, and the voting was equal.  

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

Against the Motion were Councillors D'Amico, Freedman and Lawson (Total 3).

Absent: Councillor Teirney

 

193     The Mayor used his casting vote and declared the motion carried

 

The Foreshadowed motion lapsed.

 

Matter Arising

194

RESOLVED on the motion of Councillors Longbottom and D'Amico that the proposal for the rezoning of 1A &1 Burley Street be explored and exhibited as appropriate.

 

The Mayor declared the motion carried unanimously.

Absent: Councillor Teirney

 

Councillor Teirney rejoined the meeting.

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 2 JUNE 2008

195

RESOLVED on the motion of Councillors Hassarati and Gaffney that the minutes of the Ordinary Council meeting held on the 2 June 2008 be received.

 

The Mayor declared the motion carried unanimously.

 

196

RESOLVED on the motion of Councillors Hassarati and Gaffney that the minutes of the Ordinary Council meeting held on the 2 June 2008 be confirmed.

 

The Mayor declared the motion carried unanimously.

 

CONFIRMATION OF MINUTES OF EXTRA ORDINARY COUNCIL MEETING - 10 JUNE 2008

197

RESOLVED on the motion of Councillors Hassarati and Gaffney that the minutes of the Ordinary Council meeting held on the 10th June 2008 be received.

 

The Mayor declared the motion carried unanimously.

 

198

RESOLVED on the motion of Councillors Hassarati and Gaffney that the minutes of the Ordinary Council meeting held on the 10th June 2008 be confirmed.

 

The Mayor declared the motion carried unanimously.

 

Orders Of The Day

 

Order Of The Day

 

199

RESOLVED on the motion of Councillors Freedman and Longbottom that Council contact Rev. Fred Nile & members of the Shooters Party -  as a matter of urgency seeking their support for the upper house inquiry into the planning reforms and voicing the following concerns:

 

1.                  the cost to local government of the proposed JRPP and Planning Administrators;

2.                  the effectiveness of introducing a new system of planning bureaucracy ie Panels, Planning Arbitrators;

3.                  the lack of proper governance structures for the PAC and JRPP.   In particular panel members can cote on matters in which they have a pecuniary interest.

 

 

The Mayor declared the motion carried unanimously.

 

Order Of The Day No. 15

SUBJECT: Council and Committee Meeting Schedule - July 2008

200

RESOLVED on the motion of Councillors Teirney and Gaffney that the Council and Committee Meeting Schedule for July 2008 be adopted.  

 

 

The Mayor declared the motion carried unanimously.

 

Order Of The Day

SUBJECT: DELEGATIONS DURING COUNCIL RECESS IN JULY 2008

201

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

 

1.        Subject to the provisions of Section 377 of the Local Government Act, Council appoint a Committee comprising of the Mayor and the General Manager, or in their absence a delegate of the Mayor and/or the person acting as General Manager, to deal with and determine, urgent matters arising during the Council recess between 16 June 2008 until 21 July 2008, in such cases applying Council’s policies, or where no such policies exist, exercising due caution.

 

 2.        No SEPP No.1 objections be supported without reference to the Ward Councillors in the normal distribution of Councillor’s mail on Thursdays, and that the Mayor and the General Manager are not to determine those matters until the following Tuesday.

 

3.        No Section 96 or Section 82A reviews of development applications in relation to any matter that has been determined by Council or Planning and Building Committee, be referred to, or be determined by the Mayor and the General Manager during the recess.

.  

 

The Mayor declared the motion carried unanimously.

 

Matter of Urgency

202

RESOLVED on the motion of Councillors Longbottom and Gaffney that Environmental Services Division Report No. 262 be dealt with in Council as a matter of urgency.

 

The Mayor declared the motion carried unanimously.

 

The Mayor ruled the matter to be a matter of urgency due to the pending Council recess.

 

Corporate Services Division Reports

 

Corporate Services Division Report No. 38

SUBJECT: Policy Manual Review - Stage 3

203

RESOLVED on the motion of Councillors Teirney and Hassarati that Council:-

 

1.   Amend the policies in the Policy Manual that are listed in attachment AT-1 – Policy Manual Recommended Amendments (L-Z) dated 26 May 2008 as shown in that attachment with the following additional amendments:-

                       

                        Policy U01003 USE OF PLAZA – CHARITY STREET STALLS

                  Proposed the restriction as the number of persons occupying a stall remain and the provision of tables, current arrangement to remain for existing users.

 

  1. In relation to policy L02024, it be noted Project Environment was a Council program.

 

  1. Amend the policies listed in this report to include reference to Council’s ‘Public Officer’.          

 

 

The Mayor declared the motion carried unanimously

 

Corporate Services Division Report No. 39

SUBJECT: Results of Consultation on the 2008 - 2011 Budget and Management Plan

204

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

 

1.   The Management Plan (including the Fees and Charges), as amended by the report, for the period July 2008 to June 2011 be adopted;

 

2.   The Budget, as amended by the report, for the period July 2008 to June 2011 be adopted;

 

3.   Council fix the Ordinary Rates and Charges for 2008/2009 as follows:-

 

            (a) Ordinary Rates

i.   an Ordinary Residential Rate, of 0.169668 cents in the dollar be made for the year 2008/2009 on the Land Value of all rateable land in the Local Government Area categorised as Residential in accordance with S.516 of the Local Government Act 1993, (with the exception of heritage properties which are rated on their heritage value), with a Minimum Rate of $428).

 

ii.  an Ordinary Business Rate of 0.689860 cents in the dollar be made for 2008/2009, on the Land Value of all rateable land in the Local Government Area categorised as Business, in accordance with S.518 and S.529 of the Local Government Act 1993, with a Minimum Rate of $638.

 

iii.  Council being of the opinion that works related to the construction and maintenance of car parking facilities will be of benefit to that part of the Local Government Area as defined by the metes and bounds description as advertised in the North Shore Times on 13 June 1979, that a Parking Special Rate, of 0.174269 cents in the dollar be made for 2008/2009 on the Land Value of all rateable land within that part, in accordance with S.538 of the Local Government Act 1993, with a Minimum Rate of $2.00.

 

(b) Domestic Waste Management Charges

 

i.   in accordance with S.496 of the Local Government Act 1993, that an annual charge of $333.00 per annum be made for the year 2008/2009, for domestic waste management services rendered to all properties categorised residential or non-rateable residential, for each once weekly 80 litre MGB (or equivalent) service;

 

ii.  in accordance with S.496 of the Local Government Act 1993, that an annual charge of $104.00 per annum be made for the year 2008/2009, for Domestic Waste Management Services for all properties categorised residential vacant land;

 

iii.  in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $4.87 per service  ($253 per annum) be made for the year 2008/2009, for each additional weekly 80 litre domestic waste management service rendered to owner occupied single occupancy residential dwellings (excluding green waste and recycling service);

 

iv. in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $6.40 per service ($333 per annum) be made for the year 2008/2009, for each extra weekly 80 litre (or equivalent) domestic waste management service rendered to residential properties other than single occupancy residential properties;

 

v.  in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $6.40 per service ($333 per annum) be made for the year 2008/2009, for each once weekly 80 litre (or equivalent) domestic waste management service rendered to non-rateable  properties;

 

vi. in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $6.40 per service ($333 per annum) be made for the year 2008/2009, for each once weekly 80 litre (or equivalent) domestic waste management service rendered to residential units above business category premises.

 

 vii. in accordance with S.502 of the Local Government Act 1993 that a pay-for-use-charge of $4.00 per fortnightly service ($104.00 per annum) be made for the year 2008/2009 for each extra recycling service to single residential dwellings.

 

            (c) Interest on Overdue Rates and Charges

 

i.   In accordance with the provisions of S.566(3) of the Local Government Act 1993, Council hereby resolves that the interest rate to apply for the period 1 July 2008 to 30 June 2009 to all outstanding rates and charges be calculated at the maximum interest rate of 10.0% as specified by the Minister for Local Government and published in the Government Gazette No.48 of 2008.

 

(d) Stormwater Management Service Charge

 

i.   In accordance with the Local Government (General) Amendment (Stormwater) Regulation 2006 under the L.G Act 1993 annual charges for the year 2008/2009 for Stormwater Management Services be made and levied as follows:

 

- All parcels of vacant land                            - Nil $ charge

- All Residential Strata Units                         - $12.50 per unit

- All Residential Non Strata Properties         - $25.00 per property

- All Business Strata Units and Properties    - $25.00 per unit or property

 

 

The Mayor declared the motion carried unanimously.

 

Corporate Services Division Report No. 37

SUBJECT: Cost Shifting in NSW Local Government

205

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

 

1.                  Council receive and note this report

 

2.                  Council write to Federal and State Local Members of Parliament to take this matter up on Council’s behalf.

 

 

The Mayor declared the motion carried unanimously.

 

Open Space and Urban Services Division Reports

 

Open Space and Urban Services Division Report No. 19

SUBJECT: Car Share Scheme

206

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

1.      Approves the introduction of a Car Share scheme in Lane Cove area with a provision of a two (2) parking spaces in Longueville Road (east side) south of Austin Street where there is unrestricted parking. The details of the location and signposting of the proposed two (2) parking spaces to be considered by the Traffic Committee Meeting

2.      Provide the signposting of the two car share bays at the estimated cost of $350

3.      Invite Car Share groups to participate in the scheme and provide preference to a Car Share groups with low impact vehicles  (Green vehicle guide rating more than 2.5 stars) and low fuel consumption, such as hybrid vehicles and Smart Cars

4.      Support the extension and promotion of this environmentally and socially beneficial scheme through its publications and website and through appropriate promotions and partnerships as opportunities arise

5.      Investigate becoming a member of the scheme to provide access to additional vehicles to the existing car fleet without significant cost.

6.      Considers future operation and expansion of car sharing scheme.

7.      receive a report on the operation of the scheme after it has been operating for 6 months.

 

 

The Mayor declared the motion carried unanimously.

 

Open Space and Urban Services Division Report No. 20

SUBJECT: Lane Cove Town Centre - Temporary Parking Arrangements

Councillor Hassarati vacated the chamber at 9:32pm and rejoined the meeting at 9:33pm

 

207

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

 

1.         Receive and note the Lane Cove Town Centre – Temporary Parking Arrangements report.

 

2.         Alter the parking restrictions in the Rosenthal Avenue Car Park; from 38 x 1 hour, 86 x 2 hour, and 37 x 3 hour; to 76 x 1 hour and 85 x 90min; until such time that the Market Square Car Park is open to the public.

 

3.         Change the Birdwood Avenue Car Park from 10P Metered Parking to 3P unmetered parking until such time that the Market Square Car Park is open to the public.

 

4.         Appropriate sign posting be placed in the subject carparks, and on their approaches, detailing the proposed new time restrictions.

 

 

The Mayor declared the motion carried unanimously.

 

Environmental Services Division Reports

 

Environmental Services Division Report No. 262

SUBJECT: S96-102-104 Longueville Road, Lane Cove

The Mayor noted the applicant had queried the calculation of the s94 contribution.

 

208

RESOLVED on the motion of Councillors Longbottom and D'Amico that subject to the verification of the s94 Contribution, the General Manager be authorised to determine the matter.

 

 

The Mayor declared the motion carried unanimously.

 

Open Space and Urban Services Division Report No. 21

SUBJECT: Lane Cove Permit Parking Policy

209

RESOLVED on the motion of Councillors Longbottom and Gaffney that Council adopt the Draft Lane Cove Permit Parking Policy dated 29 January 2008

 

 

The Mayor declared the motion carried unanimously.

 

Open Space and Urban Services Division Report No. 22

SUBJECT: Draft Playground Strategy

210

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

 

1.         Council adopt the Draft Playground Strategy dated May 2008 for the purposes of public exhibition.

 

2.         The Draft Playground Strategy be placed on public exhibition for 60 days at the same time as the Draft Recreation Plan and community consultation take place in accordance with the Consultation Strategy outlined in the report.

 

3.         A further report is submitted to Council following the exhibition period to consider the final Playground Strategy for adoption.

 

 

The Mayor declared the motion carried unanimously.

 

Human Services Division Reports

 

Human Services Division Report No. 11

SUBJECT: Lane Cove Cultural Centre

211

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

 

1.         Council receive and note the Hassell Report. Further that this  Report be made available at the Library and on the Web for general interest – but that the Report not be put on public consultation.

 

2.         Council not proceed with the any further investigation of the feasibility study into Designing and Constructing a Cultural Centre at this stage,  however, Council wishes to acknowledge its commitment to supporting cultural groups and to improving cultural facilities as detailed in this resolution.

 

3.         A Further Report be presented to Council after detailed consultations with Cultural groups. The Report to include, but not be limited to the following:

 

(a)  Detailed listing of Cultural groups requirements to allow for reliable estimated costs to be compiled.

(b)  Assessment of Council’s  current building stock,  in particular the following buildings Centrehouse; Music and Cultural Centre; top floor of  the community centre to analyse whether additions/changes to the current buildings are viable financially; physically and best fit for cultural uses.

(c)  Appraisal of the requirements of  cultural groups not currently housed in Council buildings: Lane Cove Theatre Group; Lane Cove Youth Orchestra ; Lane Cove Historical Society and others and detail their current and future requirements.

 

4.         The Report present a priorities list; envisaged costs; planning and development issues; funding and possible timetable for Council to consider.

 

 

The Mayor declared the motion carried unanimously.

 

Human Services Division Report No. 12

SUBJECT: Report on Meeting House - Request for Financial Assistance

212

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

 

1.      Council provide a subsidy of up to $20,000 per annum to The Meeting House to assist in covering the costs of running the Meeting House preschool and public notice be given of this subsidy in accordance with the Local Government Act 1993.

 

2.      The Meeting House be required to produce figures that explain how the losses have been calculated.

 

3.      The Meeting House be required to provide evidence of promoting the Preschool to minimise the losses.

 

 

The Mayor declared the motion carried unanimously.

 

Procedural Motion

213

RESOLVED on the motion of Councillors Longbottom and D'Amico that items from the Planning & Building Committee be brought forward and considered in the Council Meeting.

 

The Mayor declared the motion carried unanimously.

 

Environmental Services Division Reports

 

Environmental Services Division Report No. 225

SUBJECT: 165 Burns Bay Road, Lane Cove

Councillor Hassarati vacated the chamber at 10.20pm and rejoined the meeting at 10.21pm

 

214

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

 

1.                  The application to erect an illuminated pylon sign at 165 Burns Bay Road, Lane Cove be approved with the following specific conditions:

 

a)                  There be no illumination between 10pm and 7am.

b)                  The sign is to specifically state Parking at Rear

c)                  The sign be positioned so that sight lines and pedestrian safety are protected

 

2.                  The General Manager be delegated authority to include appropriate general conditions related to signage.

 

 

The motion was put to the meeting and declared carried.

 

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

Against the Motion were Councillors Freedman and Lawson (Total 2).

 

Environmental Services Division Report No. 35

SUBJECT: Delegated Authority Report - May 2008

215

RESOLVED on the motion of Councillors Lawson and D'Amico that the report be received and noted.

 

 

The Mayor declared the motion carried unanimously.

 

CONFIRMATION OF MINUTES OF Planning and Building Committee Meeting - 2 JUNE 2008

216

RESOLVED on the motion of Councillors D'Amico and Lawson that the minutes of the Planning and Building Committee Meeting held on the 2 June 2008 be received and confirmed.

 

Procedural Motion

217

RESOLVED on the motion of Councillors Gaffney and Teirney that items from the Services & Resources Committee Meeting be brought forward and considered in the Council meeting.

 

The Mayor declared the motion carried unanimously.

 

CONFIRMATION OF MINUTES OF Services and Resources Committee Meeting - 2 JUNE 2008

218

RESOLVED on the motion of Councillors Teirney and Hassarati the minutes of the Services and Resources Committee Meeting held on the 2 June 2008 be received.

 

The Mayor declared the motion carried unanimously.

 

219

RESOLVED on the motion of Gaffney and Hassarati that the minutes of the Services and Resources Committee Meeting held on the 2 June 2008 be confirmed with the following corrections:

 

PRESENT:

 

Councillor J. Hassarati (chair), Councillor I. Longbottom, Councillor Win Gaffney, Councillor F.Teirney and Councillor R. Tudge.

 

The Mayor declared the motion carried unanimously.

 

Corporate Services Division Reports

 

Corporate Services Division Report No. 40

SUBJECT: Statement of Investment as at 31 May 2008

220

RESOLVED on the motion of Councillors Hassarati and Gaffney that the report “Statement of Investments as at 31 May 2008” be received and noted

 

 

The Mayor declared the motion carried unanimously.

 

There were no members of the gallery or press present.

 

Procedural Motion

221

RESOLVED on the motion of Councillors Longbottom and Gaffney that Closed Committee of Council be resumed.

 

The Mayor declared the motion carried unanimously.

 

Closed Committee of the Whole resumed.

 

Open Space and Urban Services Division Report No. 24

SUBJECT: Subsidence at 25 Best Street, Lane Cove

 

Councillor Lawson vacated the chamber and took no part in discussion or voting.

 

 

RECOMMENDATION OF COUNCIL IN CLOSED COMMITTEE

That:-

 

1.      Council write to Makinson & d’Apice Lawyers clarifying the work and cost issues to repair the subsidence at 25 Best Street, Lane Cove.

 

2.      Council reiterate to Makinson & d’Apice Lawyers the need for The Owners-Strata Plan No. 18756 to sign the Deed of Release for Council to proceed with the works.

 

3.      Council advise Makinson & d'Apice Lawyers that Council’s believes the subsidence is caused by the sewer main, and they should request Sydney Water to investigate the matter.

 

 

 

PROCEDURAL MOTION

222

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

 

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, prior to being adopted:

 

Open Space and Urban Services Division Report No. 16

SUBJECT: Non Payment of Management Fees

223

RESOLVED on the motion of Councillors D'Amico and Freedman that Council proceed as discussed in Closed Committee. .

 

The Mayor declared the motion carried unanimously.

 

Open Space and Urban Services Division Report No. 18

SUBJECT: Non Payment of Contract Revenue

224

RESOLVED on the motion of Councillors Gaffney and D'Amico that Council proceed and discussed in Closed Committee of Council.

 

The Mayor declared the motion carried unanimously.

 

Open Space and Urban Services Division Report No. 24

SUBJECT: Subsidence at 25 Best Street, Lane Cove

Councillor Lawson vacated the chamber and took no part in discussion or voting.

 

225

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

 

1.   Council write to Makinson & d’Apice Lawyers clarifying the work and cost issues to repair the subsidence at 25 Best Street, Lane Cove.

 

2.    Council reiterate to Makinson & d’Apice Lawyers the need for The Owners-Strata Plan No. 18756 to sign the Deed of Release for Council to proceed with the works.

 

3.    Council advise Makinson & d’Apice Lawyers that Council’s believes the subsidence is caused by the sewer main, and they should request Sydney Water to investigate the matter.

 

The Mayor declared the motion carried unanimously.

Absent: Councillor Lawson

 

 

 

CLOSE

 

The meeting closed at 11:09pm.

 

Confirmed at the Ordinary Council Meeting of 21 July 2008, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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

 

MEETING FILE REF:  Document5