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Agenda

Ordinary Council Meeting

21 July 2008

The meeting commences at 6.30pm. If members of the public are

not interested in any business recommended to be considered in

Closed Session or there is no such business, Council will ordinarily

  commence consideration of all other business at 7pm.

 


 

Notice of Meeting

 

Dear Councillors

 

Notice is given of the Ordinary Council Meeting, to be held in the Council Chambers, Lower Ground Floor, 48 Longueville Road, Lane Cove on Monday 21 July 2008 commencing at 6:30PM. The business to be transacted at the meeting is included in this business paper.

 

Yours faithfully



Peter Brown

General Manager

 

Council Meeting Procedures

 

The Council meeting is chaired by the Mayor, Councillor Ian Longbottom. Councillors are entitled to one vote on a matter. If votes are equal, the Chairperson has a second or casting vote. When a majority of Councillors vote in favour of a Motion it becomes a decision of the Council. Minutes of Council and Committee meetings are published on Council’s website wwww.lanecove.nsw.gov.au by 5pm of the Thursday following the meeting.

 

The Meeting is conducted in accordance with Council's Code of Meeting Practice. The order of business is listed in the Agenda on the next page. That order will be followed unless Council resolves to modify the order at the meeting. This may occur for example where the members of the public in attendance are interested in specific items of the agenda.

 

Members of the public may address the Council Meeting on any issue for a maximum of 3 minutes during the public forum which is held at the beginning of the meeting. All persons addressing the Meeting must speak to the Chair. Speakers and Councillors will not enter into general debate or ask questions.

 

If you do not understand any part of the information given above; require assistance to participate in the meeting due to a disability; or wish to obtain information in relation to Council, please contact Council’s Manager Governance on 99113525.

 

Please note meetings held in the Council Chambers are recorded on tape for the purposes of verifying the accuracy of minutes and the tapes are not disclosed to any third party under section 12(6) of the Local Government Act, except as allowed under section 18(1) or section 19(1) of the PPIP Act, or where Council is compelled to do so by court order, warrant or subpoena or by any other legislation.

 

 

 


Ordinary Council 21 July 2008

 

TABLE OF CONTENTS

 

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

OPENING OF MEETING WITH PRAYER

 

ACKNOWLEDGMENT TO COUNTRY

 

MATTERS RECOMMENDED BY THE GENERAL MANAGER TO BE CONSIDERED IN CLOSED COMMITTEE

 

Confidential Items

 

1.       General Managers Report No. 24

SUBJECT: Redevelopment Options for Friedlander Place including Road Closure

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (d) (g) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret; AND 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 and specifically the report contains details of legal advice from Council's Solicitors and commercial information about the proposed redevelopment of Friedlander Place.

 

2.       Human Services Division Report No. 12

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 and the Report contains specific details of advice from Council's Solicitors in regards to potential litigation.

  

public forum

 

Members of the public may address the Council Meeting on any issue for 3 minutes.

 

 

CONFIRMATION OF MINUTES

 

3.      ORDINARY COUNCIL MEETING - 7 JULY 2008

 

Referred Reports FROM INSPECTION COMMITTEE 19 JULY

 

4.       Environmental Services Division Report No. 38

SUBJECT: 11 Cogan Place Lane Cove

 


Orders Of The Day

 

5.       Order Of The Day No. 16

SUBJECT: Council and Committee Meeting Schedule - August 2008

 

Corporate Services Division Reports

 

6.       Corporate Services Division Report No. 41

SUBJECT: Policy on Requests for Financial Assistance from NSW Councils or the Local Government and Shires Association (LGSA)

 

7.       Corporate Services Division Report No. 44

SUBJECT: Constitutional Recognition of Local Government

 

8.       Corporate Services Division Report No. 45

SUBJECT: New Model Code of Conduct

 

9.       Corporate Services Division Report No. 46

SUBJECT: Requests for Financial Assistance -  Australian Paralympic Team and Special Olympics

 

10.     Corporate Services Division Report No. 47

SUBJECT: Political Donations and Local Government Elections

 

11.     Corporate Services Division Report No. 48

SUBJECT: 2008 Local Government Association Conference

 

Environmental Services Division Reports

 

12.     Environmental Services Division Report No. 39

SUBJECT: New Sustainability Logo

 

13.     Environmental Services Division Report No. 41

SUBJECT: Report on Conditions 144 and 145 for Woolworths - 24-28 Lane Cove Plaza

 

14.     Environmental Services Division Report No. 42

SUBJECT: DLEP 2008 Exhibition

 

QUESTIONS WITHOUT NOTICE

 

 

 

       


Ordinary Council Meeting 21 July 2008

 

Environmental Services Division Report No. 38

 

 

 

 

 

Reference:    Environmental Services Division Report No. 38

Subject:          11 Cogan Place Lane Cove

Inspection Committee after considering the matter referred this Report to the Ordinary Council meeting to be held on 21 July 2008.   

Record No:    SU1802 - 23619/08

Author(s):       Peter Thomas 

 

 

Executive Summary

 

·     A Notice of Intention to Issue an Order was served on the owners of 11 Cogan Place, Lane Cove on 13 December 2007.  This was in relation to unauthorised building work that had been carried out on the site, including:  enlargement of a timber deck, erection of a cubby house and trampoline structure located partially on Council’s reserve. 

·     The owner has advised that the encroachment of the trampoline structure is up to 1.5m.

·     Following negotiation with Council officers, an Order has been issued for the removal of the trampoline structure from the bushland reserve.  Action on this has been deferred at the request of the owner.

·     The owners of the property have approached Council to allow the trampoline structure to remain partially on the reserve.

·     The recommendation is for the Order to be complied with and the structure removed in accordance with the Order.

·     The matter is referred to the Inspection Committee at the request of the Mayor, Councillor Longbottom.

 

 

Background

 

·     November 2007:  Council’s Bushland Manager advised of possible unauthorised work adjoining Council’s bushland.

·     26 November 2007:    The property inspected by Council’s Building Surveyor and the owner (Mr Wymond).  The inspection indicated possible enlargement of a timber deck, cubby house and trampoline structure with timber supports built at the rear of the property without Council consent.  A tree has also been removed without authorisation.  The owner advised that the tree was dead.

·     13 December 2007: A Notice of Intention to Issue an Order was served in relation to the unauthorised building works.

·     17 December 2007: Representation received from owners that they considered the development “exempt” and for Council not to proceed with the Order.

·     29 January 2008: Council advised the owners of the property that the Order will be deferred pending the applicant to:

 

§ Submit as-built plans of the cubby house and any other supporting documentation in order for Council to refer these documents to the NSW Fire Service.

§ Satisfy any requirements of the NSW Rural Fire Service with respect to the cubby house structure being built within that bushfire prone area.

§ Submit evidence that the cubby house is not located above Sydney Water sewer and water mains and /or easements.

§ Submit a certificate for the full height glazing stating that it is toughened glass to comply with AS1288.

§ Provide a balustrade and gate to secure the playground equipment at the lower level and to prevent a fall from the upper timber deck to the level below which is greater than 1m.

§ Remove the trampoline and timber support structure.

·     25 February 2008:  Representation received with supporting documentation and a request that the trampoline structure be permitted to remain.

·     7 March 2008: Council responds that the documentation is satisfactory, but will given further time to remove the trampoline and supporting structure.

·     10 April 2008:  Matter considered by Council’s Bushland Manager and retention of the structure is not supported.

·     24 April 2008:  An Order pursuant to Section 121B of the Environmental Planning and Assessment Act was issued giving 28 days to remove the structure. 

·     26 May 2008:   A request was received from the owner of the property requesting a delay/deferral of the Order until mid August 2008 due to difficulties in getting a contractor to carry out the work and due to the owners taking holidays.

·     27 May 2008:   An extension of time granted and owners asked to advise Council when the work had been carried out.

·     18 June 2008: A request made by the owner to the Councillors requesting that the trampoline structure be permitted to remain.

 

Discussion

 

Following the Issue of the Notice to remove the structure the owners of the property made representation to the Councillors. The representation seeks Council agreement to allow the structure to remain.

 

The trampoline structure is a substantial structure and is located on a rocky outcrop above the bushland track.  The structure is clearly visible from the track particularly when walking towards the south west on the track. A copy of the representations and photos of the unauthorised building works have been provided to Councillors separately.

 

In the absence of a survey report, the owner has advised that the structure encroaches on Council’s bushland reserve by 1.5m.

 

There has been considerable negotiation with Council officers, with the most recent being a stay  on the Order to remove the structure due to difficulty of the owners getting contractors to do the work and holiday commitments.  Subsequent to that Councillors will have received the request from the owner requesting that the structure be allowed to remain.

 

The land outside the property boundary is zoned Opens Space 6(b) – Bushland. 

 

The objective is to preserve bushland areas within the Council’s ownership or control in their natural state.

 

The structure is prohibited by Clause 9 of the Local Environmental Plan and the draft Local Environmental Plan.

 

The land is affected by Development Control Plan 1 – Development Adjacent to Bushland.  For sites identified in DCP 1 as being adjacent to bushland, it is a DCP requirement that a 10m buffer be provided from the rear boundary to any buildings on the site.  A list of permissible encroachments into the buffer are listed in the clause, but they are not structures and relate to such things as services, drainage, paths and fire breaks. The structure is contrary to this requirement.

 

Clause 8 of DCP 1 also states in relation to development in the bushland as follows:

 

Development of this land is limited to that permitted under Clause 11 of the LEP.  The Environmental Protection Area in the LEP is part of this area.

 

 

The relevant part of Clause 11 of the LEP states:

 

(3)        The Council shall not consent to the carrying out of development on or with respect of land to which this clause applies where, in the opinion of the Council, the vegetation, topography or distinctive features of that land are likely to be adversely affected thereby.

 

For the purposes of Clause 11, development is defined as:

 

(a)        The erection of any structure on the land;

(b)        The erection of a fence on the land;

(c)        The removal of soil or rock from the land;

(d)        The deposit of soil, rock or any other matter on the land; and

(e)        The destruction or removal of any tree or other vegetation on the land.

 

It is suggested that the structure is contrary to this control.

 

Further, Council at its meeting of 3 March 2008 resolved:

 

54

RESOLVED on the motion of Councillors Longbottom and Smith that Council confirm its commitment to its plans and policies to avoid alienation of Public Open Space by continuing to: -

 

A.         remove private access over Public Open Space;

 

B.         not permit neighbours to have temporary access over Public Open Space for vehicles and materials and;

 

C.        discourage encroachments into Public Open Space.

 

Further, that Council resolve that no action be taken to remove the access off Elizabeth Parade behind the properties fronting Johnston Crescent until:-

 

D.        further investigation has been undertaken into the interests of Sydney Water in respect of their use of the pathway for access to their sewer installations; and

 

E.         Plans for the reconfiguration of Stringybark Creek have been formally approved by Council following consultation with affected residents and a report be referred to Council at its 1st meeting in April 2008.

 

 

 

The structure is an encroachment onto public open space, and in accordance with the Policy can not be encouraged, and as such should be removed.

 

Council’s in-house solicitor was requested to comment in terms of liability and has verbally advised that the continued presence of the structure increases Council’s exposure to actionable legal liability.  This is in terms of “release and liability”; as in, Council’s risk of being sued by the owner in the event of an incident, or by a third party.

 

 

 

Conclusion

 

The retention of the structure is not supported for the above reasons in this report as such may set an undesirable precedent for other encroachments into Council reserves, as well as issues of liability.

 

 

 

RECOMMENDATION

 

That Council proceed with the Order issued under Section 121 of the Environmental Planning and Assessment Act, and require the removal of all structures from the reserve within 28 days of the date of this resolution.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

 

  


Ordinary Council Meeting 21 July 2008

 

Order Of The Day No. 16

 

 

 

 

 

Reference:    Order Of The Day No. 16

Subject:          Council and Committee Meeting Schedule - August 2008    

Record No:    su1915 - 25333/08

Author(s):       Ian Naylor 

 

 

Executive Summary

 

The Council and Committee Meeting Schedule for August 2008 is proposed as follows:-

 

 

August 2                      Inspection Committee

 

August 4                      Ordinary Council

                                    Planning and Building Committee

                                    Services and Resources Committee

 

August 18                    Ordinary Council

                                    Planning and Building Committee

                                    Services and Resources Committee

 

 

 

 

 

RECOMMENDATION

 

That the Council and Committee Meeting Schedule for August 2008 be adopted.  

 

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

    


Ordinary Council Meeting 21 July 2008

 

Corporate Services Division Report No. 41

 

 

 

 

 

Reference:    Corporate Services Division Report No. 41

Subject:          Policy on Requests for Financial Assistance from NSW Councils or the Local Government and Shires Association (LGSA)     

Record No:    SU896 - 23746/08

Author(s):       Cudilla Crystal ; Ian Naylor 

 

 

Executive Summary

 

The purpose of this report is to outline the results of the consultation undertaken in relation Council’s draft policy entitled Requests for Financial Assistance from NSW Councils and the Local Government and Shires Association (LGSA). There were 12 submissions received which were generally supportive of the policy with 2 submissions providing comment on the policy content. It is recommended that the Requests for Financial Assistance from NSW Councils and the Local Government and Shires Association policy be adopted by Council.

 

Background

 

At its meeting of 7 April 2008, Council considered two requests from the LGSA for financial assistance.  As part of considering the requests, Council resolved that a report be provided on a draft policy dealing with such requests. 

 

Council considered a draft policy entitled Requests for Financial Assistance from NSW Councils and the Local Government and Shires Association (LGSA) dated 5 May 2008 (attached at Attachment AT-1) as discussed in a subsequent report provided to Council at its meeting of 5 May 2008, where Council resolved:-

 

“That:-   

 

1.   The Draft Policy Requests for Financial Assistance from NSW Councils or the Local Government and Shires Association dated 5 May 2008 be endorsed for the purposes of public exhibition.

 

2.   Council proceed to public exhibition as per the consultation strategy outlined in the report.”

 

 

In accordance with the Consultation Strategy outlined in the report, an advertisement was placed in the Northside Courier and the draft policy was made available online on Council’s website and at Council’s Customer Service Centre and Libraries.  An E-Newsletter to all groups/persons who have registered to be consulted on all Council matters was sent on 29 May 2008 which provided a link to an online survey where groups/persons could make their submission and comments.

 

Discussion

 

In response to the public notification of the draft policy, Council received 12 submissions through the online survey which was available from Council’s website or via the link from the E-Newsletter. Of the 12 submissions, only 3 of those submissions contained actual comments on the draft policy, the remainder contained the person’s details without any comments entered.  Of the 3 submissions with comments, the first of those submissions related to an issue with the survey itself.

 

The second submission commented, “Is this the shortest policy in the history of policy? Only one page! If so then an excellent effort. Easy to understand and agree totally with content.”

 

The third submission suggested that Council apply a “community benefit” test to requests for financial assistance which would look at building “better communities” and “more inclusion for residents” and disagreed with the provision of financial assistance to individuals, except in a natural disaster.  In response to this, the policy does not propose to give financial assistance to individuals but instead to NSW Councils and the LGSA.  In response to the suggestion for a community benefit test, the provisions of the current policy provide that requests only be considered if it has direct relevance to the Lane Cove Local Government Area or the request relates to a local government issue and will or could have an impact on Lane Cove.  On balance, these factors address the notion of building better communities and the residents of the Lane Cove community.

 

Conclusion

 

The adoption of the draft policy would assist Council where, from time to time, the LGSA requests that Councils assist them and NSW Councils by providing financial assistance to help off-set costs incurred in relation to legal proceedings, industry wide campaigns and Councils in urgent need of financial assistance due to a natural disaster.  It is therefore recommended that Council adopt the Requests for Financial Assistance from NSW Councils and the Local Government and Shires Association (LGSA) policy dated 5 May 2008, included as Attachment AT-1.

 

 

 

RECOMMENDATION

 

That Council:-

 

1.   Adopt the Requests for Financial Assistance from NSW Council or Local Government and Shires Association (LGSA) dated 5 May 2008 as shown in Attachment AT-1.

 

2.   Include the adopted policy in Council’s Policy Manual.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1 View

Request for Financial Assistance  from NSW Councils or the LGSA Draft Policy

 

 

 

 


Ordinary Council Meeting 21 July 2008

 

Corporate Services Division Report No. 44

 

 

 

 

 

Reference:    Corporate Services Division Report No. 44

Subject:          Constitutional Recognition of Local Government    

Record No:    SU896 - 24176/08

Author(s):       Cudilla Crystal   

 

 

Executive Summary

 

Council has recently received a resource kit which was sent to all nsw councils from the Australian Local Government Association (ALGA) on recent developments in the campaign for constitutional recognition of local government.  This report details the information provided to councils and provides the issues for consideration in recognising local government in the constitution.

 

Discussion

 

Local government is not currently recognised in the national constitution despite fulfilling a significant and increasingly important role within the Australian Federation.

 

The failure to recognise the roles and functions of local government in the constitution remains a contentious issue and has been highlighted in recent times by unilateral state government action without appropriate consultation with local government. 

 

In addition, on 17 October 2006 both Houses of the Commonwealth Parliament passed a resolution recognising the role that local government plays in the governance of Australia:

 

“That the House/Senate:

(1) recognises that local government is part of the governance of Australia, serving communities through locally elected councils;

 

(2) values the rich diversity of councils around Australia, reflecting the varied communities they serve;

 

(3) acknowledges the role of local government in governance, advocacy, the provision of infrastructure, service delivery, planning, community development and regulation;

(4) acknowledges the importance of cooperating with and consulting with local government on the priorities of their local communities;

(5) acknowledges the significant Australian Government funding that is provided to local government to spend on locally determined priorities, such as roads and other local government services; and

(6) commends local government elected officials who give their time to serve their communities.”

 

The resolution was part of the Commonwealth Governments Response to the House of Representatives Report Rates and Taxes: A Fair Share for Responsbile Local Government (The Hawker Report).

 

In this context, the election of a new Federal Government on 24 November 2007 was an important development. Prior to their election, the Federal Government committed to consult, during its first term, with local government on the process for achieving constitutional recognition.

 

 

Formal recognition remains one of the main objectives of the Australian Local Government Association (ALGA), who are recommending that prior to formal consultation that local governments think about:

 

·     what we want from constitutional recognition

·     what form recognition might take

·     the process in which it might be achieved.

 

Specifically, what local government would like to see reflected in the Constitution, for example:-

 

·     symbolic recognition – a reference in the preamble to the Constitution recognising the existence of local government in local government;

·     institutional recognition – imposing a duty on States to retain a system of local government, and that a council ought not be amalgamated or dissolved without fair hearing; or

·     financial recognition – a recognition that local government requires a more secure revenue stream from the Commonwealth to provide the services and infrastructure expected by the community.

 

To encourage debate on the issues surrounding the constitutional recognition of local government, the ALGA has provided Council with a resource kit to facilitate a “Council Conversation” on this issue. The resource kit includes an introductory powerpoint presentation on the topic, which is attached as AT-1 to this report.

 

In consultation with state and territory local government associations, the ALGA is convening a Local Government Constitutional Summit – A Special National General Assembly from 8 -11 December 2008 in Melbourne to bring together Councils to discuss, and if possible, agree on a position to put to the Federal Government.  More information will be provided to Councillors closer to the date of the summit.  Prior to the Summit, Council is likely to be consulted through the Local Government and Shires Association (LGSA). 

 

In addition, Mosman Council is hosting a SHOROC/NSROC Constitutional Recognition Workshop on 17 July with guest speakers Graham Samson (Centre for Local Government - UTS), Barry O’Keefe and Genia McCaffery discussing the merits of constitutional recognition. The outcomes of this workshop will feed into the Constitutional Summit.  Representatives from Council will be in attendance for this workshop.

 

 

RECOMMENDATION

 

That Council receive and note this report.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1 View

ALGA Constitutional Recognition for Local Government - Council Presentation

12 Pages

 

 

 


Ordinary Council Meeting 21 July 2008

 

Corporate Services Division Report No. 45

 

 

 

 

 

Reference:    Corporate Services Division Report No. 45

Subject:          New Model Code of Conduct    

Record No:    SU836 - 24371/08

Author(s):       Ian Naylor 

 

 

Executive Summary

 

Council has received a circular from the Department of Local Government dated 20 June 2008, advising all nsw councils that a new Model Code of Conduct had been passed by parliament and gazetted.  The circular advised all nsw councils that the new model code of conduct was now in force and urged councils to adopt the new model as soon as possible.  This report advises Council of the changes to the Model Code of Conduct and recommends adoption of the new Model Code. 

 

Background

 

The Model Code of Conduct for local councils in NSW first came into effect on 1 January 2005 and applies to general purpose councils and county councils. The Department of Local Government has now completed a review of the Model Code that included the establishment of a reference group to assist with the review, a call for written submissions, a survey of councils for feedback on the implementation of the Model Code and consultation through focus groups and telephone interviews with local council representatives and specific industry groups including the LGMA. One of the main issues councils, council staff and the LGMA highlighted were the problems associated with the operation of the Code of Conduct Committee.

 

The outcome of the review is a revised Model Code that took effect from 20 June 2008. This was achieved by an amendment to the Local Government (General) Regulation 2005 that prescribes the Model Code.

 

Discussion

 

      The Department has taken the feedback of councils, council staff and the LGMA into consideration and rewritten many sections of the Model Code.  The new Model Code also has been organised in three Parts: Context, Standards of Conduct and Procedures. Additional sections have been added on complaint handling, complaint assessment criteria, and operational guidelines for conduct review committees/reviewers. A summary of the changes to the Code are shown below:-

 

General

 

·     Administrators have been added to the provisions that apply to councillors and included in the definition of council officials.

·     The key principle of ‘objectivity’ has been amended to ‘impartiality’.

·     Guide to ethical decision making has been moved from the general conduct obligations section into the context Part of the Model Code.

·     The guide to ethical decision making now includes additional information to assist council officials with political donations and conflict of interests situations.

·     Council officials are reminded of the sanctions for failure to comply with an applicable provision of the standards of conduct.

·     Previous clause 5.1 (now clause 6.1) has been worded so that it applies to all council officials and not just councillors. It is consistent with Schedule 6A of the Act.

·     An additional clause has been added (6.4) that requires councillors to comply with council resolutions requiring them to take action as a result of a breach.

 


Comment

 

The new Model Code of Conduct not only applies to Councillors and Staff but to any person whom a function of council is delegated to such as contractors and consultants.  Council staff will be conducting training on the new model code and ensuring delegates of Council are also made aware of its provisions.  

 

Conflict of Interests

 

·     New provisions relating to non-pecuniary conflicts of interests include the addition of a clause (7.12) to provide that the political views of a councillor do not constitute a private interest and a clause (7.11) that provides that the matter of a conduct review committee/reviewer report to council is not a private interest.

·     The code provides a clearer definition of significant non-pecuniary conflicts of interests – clause 7.16.

·     The code now clarifies the action that is required to be taken if a council official has a non-pecuniary conflict of interest. This provides actions for significant and less than significant non-pecuniary conflict situations, clauses 7.17 and 7.18.

·     (New) clause 7.19 provides that council staff should manage any non-pecuniary conflicts of interests in consultation with their managers.

 

Comment

 

The new Model Code provides guidance for council officials on how to manage non-pecuniary declarations of interest.  Any non-pecuniary interest that conflicts with a council officials’ public duty must be disclosed in writing, even if the conflict is not significant, as soon as practical to do so.  A disclosure at the council meeting fulfils this requirement as long as the disclosure is recorded in the minutes.

 

The new Model Code also provides guidance for council officials on whether a non-pecuniary conflict of interests is significant and how to manage it.   Section 3.16-3.18 of the new Model Code states:-

 

“7.16 As a general rule, a non-pecuniary conflict of interest is significant where the matter does not raise a pecuniary interest but it involves:

 

a)         a relationship between a council official and another person that is particularly close, for example, parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the person or of the person’s spouse, current or former spouse or partner, de facto or other person living in the same household

 

b)         other relationships that are particularly close, such as friendships and business relationships. Closeness is defined by the nature of the friendship or business relationship, the frequency of contact and the duration of the friendship or relationship

 

c)         an affiliation between the council official and an organisation, sporting body, club, corporation or association that is particularly strong.

7.17 If you are a council official, other than a member of staff of council, and you have disclosed that a significant non-pecuniary conflict of interests exists, you must manage it in one of two ways:

 

a)   remove the source of the conflict, by relinquishing or divesting the interest that creates the conflict, or reallocating the conflicting duties to another council official

 

b)   have no involvement in the matter, by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in section 451(2) of the Act apply.

 

7.18 If you determine that a non-pecuniary conflict of interests is less than significant and does not require further action, you must provide an explanation of why you consider that the conflict does not require further action in the circumstances”.

 

Section 7.20 of the new model code does allow a councillor who has disclosed a significant non-pecuniary conflict of interests to participate in a decision to delegate council’s decision-making role to council staff, or appoint another person or body to make the decision in accordance with the law.

 

Political Donations

 

The political donation provisions now require councillors to treat a political donation in excess of $1000 in the same way as a significant non-pecuniary conflict of interest. Councillors are required to determine whether or not contributions below $1000 create a significant conflict of interest.

 

Personal Benefit (Gifts and Benefits)

 

·     Definitions of token gifts and benefits and gifts and benefits of value have been provided at the beginning of the section. These have been substantially rewritten to provide greater clarity around what is and what is not a gift/benefit of value or of token value.

·     (Old) clauses 7.1, 7.2, 7.3 and 7.5 have been rewritten into (New) clause 7.3.

·     (Old) clause 7.10 has been removed as the declaration of gifts totalling over $500 by councillors and designated persons is a requirement in the Act and does not need to be replicated in the Model Code.

 

Relationship Between Council Officials

 

·     The first four inappropriate interactions (clause 9.7) have been collapsed into two that advise about approaches between councillors, administrators and staff in relation to individual staffing matters and allow for discussion on broad industrial policy issues.

·     An additional interaction has been included making it inappropriate for councillors and administrators to make personal attacks on council staff in a public forum.

·     Language has been changed to make it clear that inappropriate interactions are a breach of the code – this was previously implicit only.

·     The clause on the role of the Mayor has been removed as it is no longer seen as necessary.

 

Reporting Breaches

 

·     A provision has been added to make it clear than anyone can make a complaint alleging a breach of the code of conduct.

·     The protected disclosures clauses have been modified to ensure that they are consistent with the Protected Disclosures Act.


Complaint Handling

 

·     The complaint handling requirements and the complaint assessment criteria now provide for the use of a range of methods for the resolution of complaints, give clearer guidance about the referral of complaints to the conduct review committee/reviewer, clarify the role of the Mayor and the general manager in relation to complaint management and provide for annual reporting to council by the general manager on a summary of complaints under the code of conduct.

·     All complaints need to be in writing and submitted to the General Manager, or if its concerning the General Manager to the Mayor.  In the case of breaches of the Code, the new Model Code provides guidance on appropriate sanctions for delegates of council and members of council committees.  Sanctions for council staff are to be determined in accordance with the relevant industrial agreements or contracts that are in place.

 

Conduct Review Committee

 

·     Councils can now have conduct review committees or individual reviewers undertake enquiries into breach allegations. Members of these committees or the sole reviewers will now be independent of council and can act in the role for more than one council.

·     Conduct review committees/reviewers are required to act in accordance with the operating guidelines that are provided in the Model Code.

 

Comment

 

Under the new Model Code, the General Manager and Mayor are no longer required to be members of the Conduct Review Committee.  This was one of the recommendations from councils, council staff and the LGMA during the review process.  The new model code requires all councils to have a Conduct Review Committee made up of independent persons (persons who have no relationship with council and “appropriately qualified persons of high standing in the community”) to review such matters.  The committee must have a minimum of 3 members and  Council is required to resolve the appointment of the committee members, regardless of whether there are any matters to review.

 

The new model code gives councils the choice for particular conduct matters depending upon their severity/complexity to refer the matter to the Conduct Review Committee or a sole reviewer being one member of the Committee. 

 

Given this is a major change to the current process, discussions have been held with other councils in the NSROC region to gauge interest in tendering for a panel of independent persons for Conduct Review Committees on a regional basis.  The majority of NSROC member councils are in favour of tendering on a regional basis and as such Council’s Manager – Governance has written a tender document to be considered by the General Managers of NSROC at their next meeting on 24 July.  It is proposed that a ‘NSROC’ panel be selected from which NSROC member councils could appoint their respective committees.  Subject to approval, it is intended that the Tender will be advertised in August and member councils would be in a position to prepare a report appointing their committee at the first meeting of the new council term. 

 

The new Council is also required to review its Code of Conduct amongst other things within its first twelve months.  When this review occurs Council can amend the Code to reflect the adoption of a panel of independent persons for Council’s Conduct Review Committee.

 


Conclusion

 

Councillors will recall that in the current Code of Conduct adopted on 17 October 2005 that additional clauses were inserted based on optional best practice recommended by the Department’s guidelines and in addition the provision for time-outs during Council Meetings and the adoption of a Peer Review Committee.  These optional best practices and additional provisions have been included in the new Model Code of Conduct shown attached as AT1.

 

RECOMMENDATION

 

That Council:-

 

     1. Adopt the new Model Code of Conduct (with specific Lane Cove inclusions) dated 21 July                     

     2008 shown attached as AT 1.

 

     2. Endorse the process to regionally tender for independent persons for Council’s Conduct  

     Review Committee.

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1 View

Code of Conduct July 2008

38 Pages

 

 

 


Ordinary Council Meeting 21 July 2008

 

Corporate Services Division Report No. 46

 

 

 

 

 

Reference:    Corporate Services Division Report No. 46

Subject:          Requests for Financial Assistance -  Australian Paralympic Team and Special Olympics    

Record No:    SU2371 - 24453/08

Author(s):       Cudilla Crystal ; Ian Naylor 

 

 

Executive Summary

 

This report outlines two requests for financial assistance received from the Australian Paralympic Committee and Special Olympics Australia. Letters were forwarded to Council seeking Council’s support for the Australian teams’ participation in the 2008 Beijing Paralympic Games and the 2011 Special Olympics World Summer Games held in Athens. It is recommended that Council determine whether to contribute the amounts requested.

 

Discussion

 

Paralympic Games 2008

 

The Australian Paralympic Committee (the Committee) is currently preparing for the Beijing Paralympic Games in September this year.  The Committee has written to Council seeking financial support to assist in sending the athletes to this year’s Games (Attachment AT-1).

 

In June 2007, Council donated $350 to the Australian Paralympic Committee, this amount covering the cost of opening and closing ceremony uniforms for one athlete.

 

The Committee seeks Council’s support in donating $500.00 to the team.

 

Special Olympics


Special Olympics Australia has introduced a new initiative called ‘SportsFan 1000 Club’ (the Club) to assist Special Olympics in their efforts to enrich the lives of people living with an intellectual disability through sports training and athletic competition. Council is in receipt of a letter outlining this initiative and seeking the support of Council (Attachment AT-2).

 

Council is invited to become a member of the Club by contributing either by way of:-

 

·     $4,000.00 one-off payment or

·     $1,000.00 donation per year (4 years) or

·     $250.00 donation per quarter (4 years).

 

Conclusion

 

Council has generally supported these worthy causes and it is recommended that Council determine whether to provide financial assistance as requested above or any other amount it deems appropriate.

 

 

RECOMMENDATION

 

That Council:-

 

1.   Determine whether to contribute to the Australian Paralympic team in the amount of $500.00.

 

 

2.   Determine whether to contribute to the Australian Special Olympics Team through the SportsFan 1000 Club and donate $4000, or contribute an equivalent amount to the Australian Paralympic Team.

 

3.   If Council determines to proceed with financial assistance:-

(a)  Public notice be given in accordance with Section 356 of the Local Government Act 1993.

 

(b)  Subject to no objections being received, the financial assistance be provided.

 

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1 View

Letter from Australian Paralympic Committee seeking support for Beijing Paralympic Games 2008

 

 

AT‑2 View

Letter from Special Olympics Australia re SportsFan 1000 Club membership

 

 

 

 


Ordinary Council Meeting 21 July 2008

 

Corporate Services Division Report No. 47

 

 

 

 

 

Reference:    Corporate Services Division Report No. 47

Subject:          Political Donations and Local Government Elections    

Record No:    SU3137 - 24520/08

Author(s):       Cudilla Crystal ; Ian Naylor 

 

 

Executive Summary

 

The purpose of this report is to advise Council that there has been amendments to legislation regarding political donations and local government elections and the impact this will have on Council and Councillors and the key dates for the 2008 Local Government Election.

 

Discussion

 

Political Donations


At its meeting on 4 February 2008, Council resolved to support the draft submission prepared for the
NSW Legislative Council Select Committee on Electoral and Political Party Funding. In brief, Council’s submission called on the banning of political donations by developers:-

 

Lane Cove Council supports a ban on donations from property developers to candidates seeking office for local government.  Developer donations can distort the election process and, particularly in local government, compromise the availability, transparency and openness of the Development Application process.  The decision making processes within Council can be unduly impacted by developer donations, hindering the proper exercise of Council functions as a level of government”.

 

Subsequent to the submission being provided, legislative changes were passed which change the political donation system for local government elections.

 

Changes to legislation require all candidates running for civic office to disclose the source of political donations and electoral expenditure. Other new requirements in the legislation include the mandatory disclosure of loans, the prohibition of donations exceeding $1000 and the need to appoint an official agent.

 

The object of the Local Government and Planning Legislation Amendment (Poiltical Donations) Bill 2008 is to amend the Local Government Act 1993 and the Environmental Planning and Assessment Act 1979 in relation to political donations. The Bill:

(a)  requires the general manager of a council to record which local councillors voted for, and which local councillors voted against, each planning decision of the council (and makes that record publicly available), and

(b)  enables matters relating to political donations in connection with local councillors to be referred to the Pecuniary Interest and Disciplinary Tribunal, and

(c)  when any relevant planning application is made to the Planning Minister, Department or local council, requires the applicant (or any person making a public submission opposing or supporting the application) to disclose political donations and gifts made within 2 years before the application or submission is made, and

(d)  makes other miscellaneous amendments.

 

Inconjunction, the Electoral Funding Amendment (Political Donations and Expenditure) Bill amends the Electoral Funding Act 1981 to strengthen laws regulating political donations and electoral expenditure in relation to State and local government elections and elected members. The Bill:

 

(a)  requires biannual disclosures of political donations and electoral expenditure (instead of 4-yearly disclosures following a general State or ordinary council election), and

(b)  extends reporting to elected members of State Parliament and elected local councillors (in addition to reporting by parties and candidates for election), and

(c)  imposes (in line with Commonwealth proposals) an obligation to disclose the details of all political donations of or above $1,000 (with separate donations from the same person over the same financial year being aggregated for disclosure purposes), and

(d)  requires the disclosure of details of membership or affiliation fees of or above $1,000 payable to a party by individuals, industrial organisations or other entities, and

(e)  introduces new rules for the management of campaign finances that will prevent elected members and candidates from having personal campaign accounts or having direct involvement with the receipt and handling of political donations (with money paid into and from special campaign accounts for use exclusively for campaign and other authorised purposes and managed by the agent of the party concerned or other official agent of the member or candidate), and

(f)   prohibits entities from making reportable political donations unless they have an ABN, and

(g)  prohibits the making of certain indirect campaign contributions, and

(h)  increases the penalty for failing to make disclosures or making false disclosures and confers increased investigative powers on the Election Funding Authority, and

(i)   applies the disclosure provisions (but not the election funding provisions) of the Election Funding Act 1981 directly to local government elections (instead of those provisions being applied with modification of terminology by provisions of the Local Government Act 1993), and

(j)   makes other miscellaneous changes.

 

In addition, the Electoral Funding Authority has sent correspondence to Councillors advising:-

 

“Following is a brief summary of your new obligations under the legislation:

 

1.. Donations of $1,000 or more must be receipted to the donor and disclosed to the Election Funding Authority ('EFA'). This includes multiple donations from a single source received within one financial year which together equal or exceed $1,000.

 

2.. Loans of $1,000 or more from any source (other than a bank or financial institution) must be disclosed to the EFA. This includes multiple loans received from a single source within the relevant disclosure period which together equal or exceed $1,000.

 

3.. Donations "in kind", such as donations of office space, computers and vehicles and which have a value in excess of $1,000 are prohibited. Multiple donations "in kind" received from a single source within one financial year are aggregated for this purpose.

 

Here's what you have to do starting right now...

 

a.. Get your campaign accounts in order for the period commencing on the day you were elected and concluding on 30 June 2008. Your declaration for this period must be lodged with the EFA by 25 August 2008.

b.. After 1 August 2008, you cannot receive or spend $1,000 or more unless you have appointed an agent who has been trained by the EFA. The money must be handled exclusively by the agent.

 

c.. The agent is required to complete the EFA's online training course and pass the online assessment, both of which will be available from 21July.The agent will establish and manage a campaign account to manage donations, loans and expenses. The campaign account must be separate from any personal     account(s). The agent will keep a record of all donations and and expenses  (and loans of or in excess of $1,000) associated with your campaign.

 

d.. Your agent must make the required disclosures every 6 months. In addition to the other disclosure requirements, your agent must disclose the total amount of individual donations each of which is of an amount less than $1,000, and the total number of persons who made those donations”.

 

Attached as AT 1 is a copy of the Frequently Asked Questions page from the Electoral Funding Authority Website providing some further detail. 

 

However, these changes do have a dramatic effect for Councillors who do not have a campaign agent or are running as an independent candidate and are less likely to have the resources of one of the major political parties.  Therefore, this report recommends that Council write to the LGSA requesting that they provide thorough procedures on how candidates for the upcoming election can comply with this new legislation.

 

Local Government Elections

 

The Local Government (General) Amendment (Election) Regulation 2008 was published in the Government Gazette on 27 June 2008 and is now in force.

 

The amending Regulations have revised the Local Government (General) Regulations 2005 in regards to the conduct of Local Government elections giving more responsibility to the Electoral Commission in the conduct of the elections.  A summary of the main changes to the Act are:-

 

·     to transfer various electoral functions from councils and returning officers to the Electoral Commission,

·     to make it the responsibility of the Electoral Commission to undertake advertising in connection with elections

·     to require information about an election, including the list of candidates, to be published on the internet,

·     to enable nomination proposals, nomination withdrawals, certain applications and other material to be transmitted by facsimile or email,

·     to require only the suburb, town or other locality of a candidate’s residential address to be publicly displayed,

·     to provide for the eligibility of silent electors, pregnant electors or disabled electors to apply for pre-poll votes,

·     to enable pre-poll voting at mobile booths in remote local government areas,

·     to require an elector to vote for at least half the number of candidates that equals the number of vacancies,

·     to provide that a ballot-paper is not informal just because the elector has placed one or more numbers, a tick or one or more crosses adjacent to but outside a square or squares if, in the opinion of the returning officer, the elector’s intention is clearly indicated,


The Department of Local Government has released a circular to all councils that outlines what they need to do in relation to the amended Regulation. A council must:

·     Link their website to the NSW Electoral Commission website at www.elections.nsw.gov.au; and

·     Finalise any referendum or poll questions and submit them to the Electoral Commission by 12 noon on nomination day Wednesday 13 August 2008

 

 


Key Dates for the 2008 Local Government Election

 

Date/Time

 

 

 

Monday 21 July

Returning Officer commences at Council

Monday 4 August, 6pm

Residential and Non-Residential Rolls close

Monday 4 August

Nomination Open for Candidates for the Election

Wednesday 13 August, 12 Noon

Nomination Close for Candidates for the Election

Monday 18 August

Postal Voting Opens

Monday 8 September, 5pm

Postal Vote Applications Close

Saturday 13 September

Election

Monday 15 September

Postal Voting Closes

 

A copy of the draft advertisement concerning information for nominations of candidates is shown attached as AT 2.  This advertisement will be placed in the North Shore Times and Northside Courier over the next 2 weeks.

 

Candidate Information Sessions have already been held in locations across NSW and Council’s Returning Officer unlike last election will not be running any sessions.  For more information about the Election visit the Electoral Commission website at:-  www.elections.nsw.gov.au or call 1300135736.

 

RECOMMENDATION

 

That Council:-

 

1.   Receive and note this report.

 

2.   Write to the LGSA requesting that a brochure or other appropriate material be produced for Councillors, Candidates and councils setting out procedures on how to deal with the recent changes to the Electoral Funding Amendment (Political Donations and Expenditure) Bill.

 

3.   Note that a link to the NSW Electoral Commission website from Council’s Website is already in place.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1 View

Frequently Asked Questions on the Electoral Funding Website Concerning Political Donations

16 Pages

 

AT‑2 View

Advertisement for Nominations of Candidates

1 Page

 

 

 


Ordinary Council Meeting 21 July 2008

 

Corporate Services Division Report No. 48

 

 

 

 

 

Reference:    Corporate Services Division Report No. 48

Subject:          2008 Local Government Association Conference    

Record No:    SU203 - 25826/08

Author(s):       Cudilla Crystal   

 

 

Executive Summary

 

The 2008 Local Government Association Conference will be held from Saturday 25 October until Wednesday 29 October 2007 at Broken Hill.  The purpose of this report is to call for motions from Councillors.

 

Discussion

 

Motions for the 2008 Local Government Association Annual Conference

 

Council has received correspondence from the Local Government Association calling for motions to be debated at its Annual Conference.  Any motion would need to be adopted by Council at this meeting or the following meeting on 4 August 2008 in order to meet the deadline for submitting motions being 11 August 2008. 

 

Each motion requires a note from Council explaining the reason for submitting the motion and how it alters or adds to existing policy and a detailed supporting case giving reasons for raising the issue.

 

Motions should seek to alter existing policy, through the addition or deletion of elements, or to introduce new policy. To guide this process, the Association's current policy statements (resulting from the 2007 conference business paper) will be available on the LGSA website shortly at

http://www.lgsa-plus.net.au/www/html/2547-motions-and-business-papers.asp.

 

Voting Delegates

 

Lane Cove Council is also entitled to three voting delegates at the Conference. The constitution of the Association determines the number of voting delegates allowable by Council using a sliding population scale. In addition to this, members of the Association’s Executive Committee also have voting rights. Council in the past have also provided an opportunity for other Councillors to attend as an observer.  As the Local Government Election falls 6 weeks prior to the Conference, a further Report will be submitted at the first Council meeting after the election to determine Council’s voting delegates.

 

RECOMMENDATION

 

That Council give consideration to motions to be submitted for debate at the 2008 Local Government Association Conference.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

  


Ordinary Council Meeting 21 July 2008

 

Environmental Services Division Report No. 39

 

 

 

 

 

Reference:    Environmental Services Division Report No. 39

Subject:          New Sustainability Logo    

Record No:    SU3301 - 24946/08

Author(s):       Rob McKenna 

 

 

 

Executive Summary

 

The ‘Think Global, Act Local’ “tree” logo developed in 2003 in association with Council’s Sustainability Action Plan, was incorporated into a new “Fast Tracking Sustainability” logo during the community consultation process for the Sustainability Levy.

 

Since the introduction of the Sustainability Levy the “Fast Tracking Sustainability” logo has been used to brand Sustainability Levy programs.  This logo has become difficult to work with due to its shape, level of detail and the complex messages that it is delivering to the community.

 

This report presents to Council for its consideration, a new, iconic logo designed to replace the “tree” logo and the “Fast Tracking Sustainability” logo for all sustainability programs delivered by Council.

 

Background

 

The original ‘Think Global, Act Local’ “tree” logo was developed as part of a study supported by Council on 15 September, 2003 (AT1).

 

The “tree” logo was incorporated into the Sustainability Levy logo during the Community Consultation process on the Levy. The additional elements included, adding the words “Lane Cove Council” and “Fast Tracking Sustainability” with the original “tree” logo forming the third “i” in Sustainability (AT2).

 

The purpose of this logo was to support the idea of a Levy as a way that Council and the Community could “fast track” sustainability projects, which at the time were competing for funding with all other infrastructure needs.

 

Discussion

 

The “Fast Tracking Sustainability” logo is quite information dense and graphic designers and council staff members have experienced some difficulty keeping the logo large enough to be legible, while not allowing the logo to dominate the piece of communication. This is particularly difficult when used in conjunction with Council’s logo.

 

Additionally the “Fast Tracking Sustainability” logo was originally designed to convey the idea of the Sustainability Levy “Fast Tracking” sustainability projects, a point which the community now accepts.  As such the continued use of this logo creates an artificial divide between sustainability programs that are funded via the Sustainability Levy and those that are funded out of regular budgets.

 

In order to simplify and consolidate Council’s sustainability message to the community a new, iconic logo “Sustainable Lane Cove” (AT3) has been designed for use in communicating all of Council’s sustainability programs.

 

 

 

 

Conclusion

 

The “tree” and “Fast Tracking Sustainability” logos have met the specific needs of Council in relation to the Sustainability Action Plan and Sustainability Levy, however a new logo is needed to move forward in communicating Council’s sustainability message to the community.

 

RECOMMENDATION

 

That Council:-

 

      1.   Receive and note the report;

2.   Adopt the new Sustainability Logo for all sustainability projects and communications.

 

 

 

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Council Meeting Minutes - 15 September 2003

1 Page

 

AT‑2 View

Fast Tracking Sustainability Logo

1 Page

 

AT‑3 View

Sustainable Lane Cove Logo

1 Page

 

 

 


Ordinary Council Meeting 21 July 2008

 

Environmental Services Division Report No. 41

 

 

 

 

 

Reference:    Environmental Services Division Report No. 41

Subject:          Report on Conditions 144 and 145 for Woolworths - 24-28 Lane Cove Plaza    

Record No:    DA04/246 - 25116/08

Author(s):       Rob McKenna 

 

 

 

Executive Summary

 

At its meeting of 5 May 2008, Council considered a status report addressing conditions 144 and 145 of the Lane Cove Market Square development consent (DA 246/04), resolving to seek further information from the applicant regarding the sustainability initiatives to be incorporated into the development.

 

This report updates Council to the further information submitted by the applicant, and staff evaluation of the initiatives, and remaining opportunities, identified in the response.

 

Background

 

The status report considered by Council at its ordinary meeting of 5 May 2008, acknowledged the commitments and actions of the applicant (with particular reference to the Woolworths Corporate Sustainability Guidelines), also drawing attention to areas where additional gains could be made in relation to the overall energy and water efficiency of the development on an ongoing basis.

 

Council, in response to the status report resolved that:-

 

A.         Council defer formal consideration of the applicant’s submissions in relation to conditions of consent clause 144 until:-

 

1.   Councillors have time to consider the applicant’s submission of 13 November 2006.

2.   Further submissions are received from APP in relation to the proposed gymnasium.

3.   A committee of Council reviews items 1 and 2, and also proposals for energy conservation and sustainability for the library fit-out.

4.   Consultation with a building services consultant.

5.   A supplementary report on these matters is submitted to Council.

 

B.         Woolworths be requested to demonstrate how the Lane Cove store will comply with the adopted Woolworths Sustainable Design Guidelines, targets and commitments as outlined in its Sustainability Strategy 2007-2015, “Doing the right thing”.

 

Discussion

 

On 7 May 2008 staff wrote to the applicant (AT1) advising of Council’s resolution and requesting further information relating to the energy and water efficiency measures for the proposed health club, and how the Lane Cove Market Square will comply with the Woolworths Sustainable Design Guidelines.

 

In response to Council’s request, on 4 June 2008 the applicant submitted a revised Energy Performance Report (EPR, AT2) and Draft Energy Management Plan (EMP, AT3). Condition 145 required the submission of a Draft Energy Management Plan and as such this condition is met until such time that the building is about to be occupied. Since Council is responsible for the fit out of the library it  may need to develop an EMP for the library in conjunction with Stephenson & Turner – Lane Cove Library Architects for Council.

 

The revised EPR and EMP have been reviewed by staff and an independent building services consultant, with a number of opportunities highlighted where additional gains in the overall energy and water efficiency of the development may be made. 

 

Following its review of the revised EPR, Council has written to the applicant (AT4) seeking clarification whether the additional opportunities highlighted in the revised EPR and from Council’s review will be incorporated into the development.  These opportunities broadly fall into the following areas:

 

·    Insulation;

·    Glazing;

·    Use of natural light;

·    Air conditioning;

·    Energy efficient lighting; and

·    Water recycling and re-use.

 

At the time of drafting this report Council is awaiting the applicant’s response & will have further discussion to clarify and articulate energy saving opportunities.

 

Conclusion

 

Through the EPR and the Woolworths Sustainable Design Guidelines the applicant has highlighted a number of important measures that, whilst coming at an increased capital cost, if fully implemented will result in significant energy and water savings over the life of the development.  Council has also drawn the applicant’s attention to a number of additional areas where further energy and water savings may be made.

 

RECOMMENDATION

 

That Council:-

 

1.   Receive and note the report, and that Council officers seek clarification on the above issues,

 

2.   Seek ways to further increase energy sustainability opportunities for this important project beyond those already achieved;

 

3.   Council review the Energy Management Plan at the Occupation Certificate stage and officers seek to work with Woolworths in the development of the EMP & report to Council accordingly.

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Letter to Richard Armitage - Woolworths Development Manager

2 Pages

 

AT‑2 View

Energy Performance Report Rev 03. 30 May 2008

17 Pages

 

AT‑3 View

Draft Energy Management Plan Rev 02, 30 May 2008

9 Pages

 

AT‑4 View

Letter to Richard Armitage - Woolworths Development Manager

4 Pages

 

 

 


Ordinary Council Meeting 21 July 2008

 

Environmental Services Division Report No. 42

 

 

 

 

 

Reference:    Environmental Services Division Report No. 42

Subject:          DLEP 2008 Exhibition    

Record No:    SU1454 - 25269/08

Author(s):       Stephanie Bashford 

 

 

Executive Summary

 

This Report informs Council of the progress of the Draft Comprehensive Local Environmental Plan (DLEP 2008) since the meetings held in June and the subsequent request to the Department of Planning for a section 65 certificate to authorise exhibition of the amended DLEP.

 

The Department’s section 65 certificate required major changes to the draft plan as adopted by Council in June, in particular in relation to residential growth, and Council immediately expressed concerns at these amendments. The one-month exhibition commenced, notwithstanding these issues, and is to conclude on 25th July with a final report to Council to follow in August.

 

The Department responded to Council’s concerns mid-exhibition, however, and has now agreed to a more flexible approach which would enable a plan comparable with the one approved by Council in June in terms of the overall dwelling target. Consequently the draft plan to be proposed for Council’s approval in the report to be submitted after exhibition has the potential to more closely reflect the June plan than did the version which has been exhibited in July, if Council so wishes after consideration of community submissions.

 

A significant amendment is that bushland is permitted to be zoned Environmental Conservation E2 Zone in DLEP 2008, rather than being incorporated into a single active recreation zone as was required in DLEP 2007.

 

Background

 

At an Extraordinary Meeting on 10th June 2008, Council considered a report on the DLEP’s first exhibition and submissions received earlier this year. It adopted the DLEP for a second exhibition, with amendments made in response to a number of the community’s issues and concerns, subject to consideration which occurred on 16th June of outstanding matters relating to floor space and to the draft plan’s objectives.

 

Discussion

 

(i)         Exhibition Process

 

On 20th June, Council wrote to the Department requesting section 65 authorisation to exhibit the DLEP for a second time, having regard to the amendments proposed following the first exhibition. The letter is attached at AT 1.

 

Discussions had been held with senior staff of the Department and Council on 11th March and 19th May this year, and with operational staff of Sydney Region East on 21st May to prioritise areas for residential growth if the Epping Road Shell site were not permitted to proceed. The aim was to resolve any outstanding issues with the Department to enable the DLEP to progress as smoothly as possible once the report on the submissions was completed. The Department agreed to make the section 65 certificate available at the earliest opportunity. Staff liaised regularly in the weeks leading up to the issuing of the certificate. Parliamentary Counsel’s Office and the Department’s Legal Branch raised no objection to the DLEP, which had been converted to the 2008 Template in advance by Council staff.

 

The section 65 certificate was received by email on Friday 27th June at 7pm. Staff made the requisite amendments to the text and maps, provided hard copies to the Library and Front Counter and posted it on the website, by the end of Saturday 28th. The DLEP has thus met the advertised exhibition timeframe of one month to 25th July.

 

(ii)        Department’s Changes from Council’s Plan

 

The section 65 certificate required a number of significant changes to the draft plan as resolved upon by Council. These changes are listed in the document: “Important Council Notice to the Community”, attached at AT 2, which has been included in the exhibition and on the website.

The Department’s changes raise considerable concerns, in particular regarding the residential growth target, which may increase the new dwelling numbers from 3,900 over 25 years to a maximum of approximately 6,000.  The Department of Planning has advised of its support for the Department of Housing’s submission to rezone the precincts around Mindarie Street and Kullah Parade in Lane Cove North, where it owns numerous properties, for high density residential use. However the expansion of high density across other areas as well was unexpected. A letter raising these concerns was sent to the Department on 1st July 2008, and is attached at AT 3.

 

The Department of Planning responded by letter of 15 July 2008 that Council would be permitted to vary the plan, the key points being:-

 

*           The Department’s intention was to approximate 70% of the 2031 target i.e. around 2,700 dwellings

*           The Department of Housing land offers opportunities to increase affordable housing

*           The 12 metres height control for high density zones may need to be raised in the Pacific Hwy/ Longueville Rd area on design grounds, or alternatively this area may be reserved for future consideration instead.

 

This response allows Council to revert to a plan comparable with the June plan. However there will need to be some variations having regard, for example, to the fact that the Shell site is not permitted to be rezoned for residential. The report to Council following the exhibition will provide detailed reasoning for any changes proposed for Council’s consideration.

 

(iii)       Bushland Protection

 

The Department has agreed to the application of the Environmental Conservation E2 over the areas zoned Bushland 6(b) under LEP 1987. Council and the community had expressed strong concerns about the imposition of the Public Recreation RE1 Zone in the first exhibited plan (DLEP 2007), and the Department of Environment and Climate Change supported Council in its representations to the Department on this issue, with the result that the Department’s policy had been reversed and the bushland protection zoning restored.

 

(iv)       Public Hearing

 

A Commissioner has been available for four days in July to conduct a public hearing into the reclassification of 314 Burns Bay Road and 10 Chaplin Drive to operational from community land. A report is expected to be presented to Council by August.

 

Conclusion

 

The second exhibition of the Draft Comprehensive Local Environmental Plan (DLEP 2008) is being undertaken for one month to 25th July, incorporating major amendments required by the Department of Planning since Council’s June meetings on the subject. The aim is that a report will be made available to Council in August.

 

Councillors will be kept informed in the meantime by memorandum of any substantive response from the Department regarding the concerns expressed by Council in relation  to residential growth and other issues.

 

 

RECOMMENDATION

 

That Council note the report.

 

 

 

 

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Letter, sent on 20 6 08, requesting s.65 certificate

5 Pages

 

AT‑2 View

Important Council Notice to the Community 28 6 08

1 Page

 

AT‑3 View

Letter to Department after s.65 certificate - 30 June 2008

3 Pages

 

AT‑4 View

Department of Planning's response of 15 7 08

2 Pages