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Agenda

Ordinary Council Meeting

7 October 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 Tuesday 7 October 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 7 October 2008

 

TABLE OF CONTENTS

 

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

OPENING OF MEETING WITH PRAYER

 

ACKNOWLEDGMENT TO COUNTRY

 

ELECTION OF MAYOR AND DEPUTY MAYOR (SEE CORPORATE SERVICES REPORT NO. 60)

 

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

 

Confidential Items

 

1.       Open Space and Urban Services Division Report No. 30

SUBJECT: NSROC Tender for Supply; Supply & Delivery and Supply, Delivery & Laying of Asphaltic Concrete

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing and Tender details, should they be revealed, may result in commercial disadvantage to parties involved in the tender process.

Some information provided to council by tenderers is provided on the basis that council will treat it as commercial in confidence.  It is not in the public interest to reveal all details of these tenders or the assessment process. Tenderers have provided sensitive information about their operations in the confidence that their details will not be made public by council. The practice of publication of sensitive information provided by tenderers could result in the withholding of such information by tenderers and reduction in the provision of information relevant to council’s decision..

 

2.       Open Space and Urban Services Division Report No. 32

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.

  

public forum

 

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

 

 

CONFIRMATION OF MINUTES

 

3.      ORDINARY COUNCIL MEETING - 15 SEPTEMBER 2008

 


Orders Of The Day

 

4.       Order Of The Day No. 22

SUBJECT: Citizenship Ceremony - 29 October 2008

 

5.       Order Of The Day No. 23

SUBJECT: Meeting in the Plaza - Saturday 25 October 2008

 

Corporate Services Division Reports

 

6.       Corporate Services Division Report No. 56

SUBJECT: 2008 Local Government Association Conference

 

7.       Corporate Services Division Report No. 57

SUBJECT: Annual Financial Reports for 2007/2008 - Referral for Audit.... 9

 

8.       Corporate Services Division Report No. 58

SUBJECT: Requests for Financial Assistance - Australian Paralympic Team and Special Olympics.............................................................................................. 11

 

9.       Corporate Services Division Report No. 59

SUBJECT: Pecuniary Interest Returns 2008................................................... 13

 

10.     Corporate Services Division Report No. 62

SUBJECT: Procedures for Election of Mayor and Deputy Mayor and Councillor Representation on Council's Committees.......................... 14

 

Open Space and Urban Services Division Reports

 

11.     Open Space and Urban Services Division Report No. 33

SUBJECT: Street Parties Traffic and Parking Policy and Procedures     23

 

12.     Open Space and Urban Services Division Report No. 34

SUBJECT: Sydney Airport - Preliminary Draft Master Plan.................... 26

 

Environmental Services Division Reports

 

13.     Environmental Services Division Report No. 56

SUBJECT: Disclosure of Policital Donations and Gifts - Development Applications and objection letters............................................................... 28

 

14.     Environmental Services Division Report No. 32

SUBJECT: Waterbrook Address Request..................................................... 30

 

15.     Environmental Services Division Report No. 59

SUBJECT: New Sustainability Logo..................................................................... 34

 

16.     Environmental Services Division Report No. 60

SUBJECT: Delegated Authority Report - August 2008............................... 36

 

QUESTIONS WITHOUT NOTICE

 

 

 

         


Ordinary Council Meeting 7 October 2008

 

Order Of The Day No. 22

 

 

 

 

 

Reference:    Order Of The Day No. 22

Subject:          Citizenship Ceremony - 29 October 2008    

Record No:    SU28 - 34092/08

Author(s):       Anita Holesgrove 

 

 

Executive Summary

 

The Mayor will conduct a Citizenship Ceremony of Wednesday 29th October 2008 in the Council Chamber commencing at 7:00pm.    A Councillor is required to attend the Ceremony and speak to the new citizens about local government.

 

 

 

 

 

 

RECOMMENDATION

 

That a Councillor nominate to attend the Citizenship Ceremony on 29 October 2008 and speak to the new citizens about local government.

 

 

 

 

 

 

Peter Brown

General Manager

General Managers Unit

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 7 October 2008

 

Order Of The Day No. 23

 

 

 

 

Ordinary Council at the Meeting 7 October 2008

30/09/2008 to Ordinary Council

Order Of The Day No. 23

Subject:          Meeting in the Plaza - Saturday 25 October 2008    

Record No:    su1914 - 35491/08

Author(s):       Rebecca Ford 

 

 

Executive Summary

 

Councillors are next due to meet with the public in the Plaza on Saturday 25th October

2008 between 10.30 am and 12.00 midday.

 

 

 

 

 

 

RECOMMENDATION

 

That Councillors nominate whom they wish to attend the “Meeting in the Plaza – Saturday 25 October 2008”.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

 

ATTACHMENTS:

There are no supporting documents for this report.

CNL071008OD_23.doc

*****   End of Order Of The Day No. 23   *****

    


Ordinary Council Meeting 7 October 2008

 

Corporate Services Division Report No. 56

 

 

 

 

Ordinary Council at the Meeting 7 October 2008

10/09/2008 to Ordinary Council

Corporate Services Division Report No. 56

Subject:          2008 Local Government Association Conference    

Record No:    SU203 - 32987/08

Author(s):       Ian Naylor 

 

Executive Summary

 

The 2008 Local Government Association Conference will be held from Saturday 25 October until Wednesday 29 October 2008 at Broken Hill.  The purpose of this report is to submit a late motion, to determine attendance of Councillors, resolve the voting delegates for the Conference and to advise that Council has received information on the election of the Executive Committee of the Local Government Association.

 

Background

 

The Local Government Association holds an Annual Conference for Councillors located in rural areas for the purpose of discussing motions to put forward to various levels of government, inviting State and Federal Members of Parliament to address the delegates and to give councils an opportunity to provide presentations on key issues in local government.

 

Discussion

 

Motions for the 2008 Local Government Association Annual Conference

 

Council at its meeting on 4 August 2008, resolved to submit the following motion to the 2008 Conference:-

 

Planning Arbitrators

 

The recent planning reforms passed by NSW Parliament included the role of Planning Arbitrators but as yet the NSW Government have not issued any information on their role and responsibilities with respect to local government.  It is proposed to submit the following motion:-

 

“That the LGSA call upon the Minister for Planning to clarify the roles and responsibilities of Planning Arbitrators in the recent planning reform passed by parliament and their impact on local government”.

 

Council may submit further motions to the conference as long as they are adopted at this Meeting and then  will be submitted as a late motion for the Conference Business Paper.

 

Late Motion

 

Council Staff are proposing that the following motion be submitted as a late motion:-

 

“That the Association calls on the Minister for Roads to amend the Part 4 of the Roads Act 1993 to place the responsibility with a Council to close any public road for which it is the road authority”.

 

Councils are currently required to to seek the approval of the Minister to close a public road even though the vesting of the road is with Council.  A number of Councils have executed a Memorandum of Understanding with the Department of Lands to do most of the administrative work.

The Minister recently received a submission by Maddocks Lawyers (reported in the Council Manager  May/June 2008) seeking changes to the Roads Act to leave the responsibility with Local Government for the closure of public roads which have vested, or are entitled to be vested in a Local Government.  The Department of Lands is under resourced and applications take many months to finalise.   

 

There is also no basis for the Minister receiving payment from the proceeds of sale in the event that construction has not taken place or has only partially taken place where the real property rights for public roads vest in Council.

 

Transport Arrangements, Councillor Attendance and Voting Delegates

 

Due to the location of this year’s Conference at Broken Hill, transportation has been difficult to arrange.  Some councils have been forced to travel either by bus, train or 13 hours by car.  Fortunately, Council staff have managed to purchase some of the limited number of airline tickets for travel on the Sunday to the Conference departing at approx 12pm.

 

In accordance with Council’s policy on the Payment of Expenses and Provision of Facilities to Councillors, a resolution of Council is required to authorise the attendance of Councillors at the Local Government Conference.  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 having voting rights. Council in the past have also provided an opportunity for other Councillors to attend as an observer.

 

Local Government Association Executive Committee

 

Council has also received information from the Local Government Association regarding election of their Executive Committee which is shown attached as AT 1.  Nominations for the positions on the Executive Committee close at 12 noon on Friday 17 October 2008 and must be signed by two nominators other than the candidate.

 

 

RECOMMENDATION

 

That:-  

 

1. Council adopt the late motion listed in the body of the report and give consideration to any further motions to be submitted for debate at the 2008 Local Government Association Annual Conference.

 

2.  Councillors attendance for the 2008 Local Government Association Conference be determined including Council’s 3 voting delegates.

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

ATTACHMENTS:

AT‑1 View

Provision of Election Notice - Nomination Form and Statutory Declaration - Local Government Association of NSW 2008 Election of Executive Committee

4 Pages

 

 CNL071008CSD_56.doc

*****   End of Corporate Services Division Report No. 56   *****

 


Ordinary Council Meeting 7 October 2008

 

Corporate Services Division Report No. 57

 

 

 

 

Ordinary Council at the Meeting 7 October 2008

10/09/2008 to Ordinary Council

Corporate Services Division Report No. 57

Subject:          Annual Financial Reports for 2007/2008 - Referral for Audit    

Record No:    su772 - 33062/08

Author(s):       Craig Wrightson 

 

 

Executive Summary

 

Council's Annual Financial Reports for the year ended 30 June 2008 are presented for referral to audit.  A statement is required in respect of the accounts from Council and Management in relation to the accuracy of the accounts.  It is recommended Council sign the statement and refer the accounts for audit.

Discussion

 

Council's Annual Financial Reports for the year ended 30 June 2008 have been prepared and are ready to proceed for Audit. The general purpose financial reports, special purpose financial reports and special schedules are required to be completed and ready for audit by 31 October following the financial year end.  In accordance with Section 413(2)(c) of the Local Government Act, Council is required to include with the Annual Financial Reports a "Statement by Councillors and Management" signed under resolution of Council, by the Mayor, one other Councillor, the General Manager and the Responsible Accounting Officer, which will allow Council's Auditor to complete the audit.  A similar "Statement by Councillors and Management" is also required for the Special Purpose Financial Reports.

 

Following the Audit, the Annual Financial Reports will then be presented to Council in November, with the Auditors Report.  The "Reports" to be signed plus a copy of the Annual Financial Reports for the Year ended 30 June 2008, are attached.  In order for Council's Annual Financial Reports for 2007/2008 to go forward for Audit the following resolution of Council is now required.

 

 

 

RECOMMENDATION

 

That:-

 

1.   In respect to Council's General Purpose Financial Reports the following statement be provided for signature by the Mayor, one other Councillor, the General Manager and the Responsible Accounting Officer:-

 

GENERAL PURPOSE FINANCIAL REPORTS FOR THE YEAR ENDED 30 JUNE 2008

Statement by Councillors and Management made pursuant to section 413 (2)(C) of the Local Government Act 1993 (as amended).

 

The attached General Purpose Financial Reports for the year ended 30 June 2008, have been drawn up in accordance with:-

 

·     the Local Government Act 1993 (as amended) and the Regulations made thereunder;

·     the Australian Accounting Standards and professional pronouncements;

·     the Local Government Code of Accounting Practice and Financial Reporting;       

 

To the best of our knowledge and belief, this Report:-

 

·     presents fairly the Council's operating result and financial position for the year; and

·     accords with Council’s accounting and other records.

 

We are not aware of matter that would render this Report false or misleading in any way.

 

2.         In respect to Council's Special Purpose Financial Reports, the following statement be provided for signature by the Mayor, one other Councillor, the General Manager and the Responsible Accounting Officer:-

 

SPECIAL PURPOSE FINANCIAL REPORTS  FOR THE YEAR ENDED 30 JUNE 2008

 

Statement by Councillors and Management made pursuant to the Local Government Code of Accounting Practice and Financial Reporting.

 

The attached Special Purpose Annual Financial Reports for the year ended 30 June 2008, have been drawn up in accordance with:-

 

·     NSW Government Policy Statement "Application of National Competition Policy to

      Local Government"; and

·     Department of Local Government guidelines "Pricing & Costing for Council Businesses:

           Guide to Competitive Neutrality".

·     The Local Government Code of Accounting Practice and Financial Reporting

 

To the best of our knowledge and belief, this report:-

 

·     Presents fairly the Council's operating result and financial position for each of Council’s

declared Business Activities for the year; and

·     accord with Council’s Accounting and other records.

 

We are not aware of any matter that is false or misleading in any way.

 

3.         Council's Annual Financial Reports for the year ended 30 June 2008 be referred for audit by Council’s Auditors.

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

 

ATTACHMENTS:

AT‑1 View

Annual Financial Reports for 2007/2008 - Referral for Audit

68 Pages

 

 

CNL071008CSD_57.doc

*****   End of Corporate Services Division Report No. 57   *****

 


Ordinary Council Meeting 7 October 2008

 

Corporate Services Division Report No. 58

 

 

 

 

 

Reference:    Corporate Services Division Report No. 58

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

Record No:    SU2371 - 34121/08

Author(s):       Cudilla Crystal ; Ian Naylor 

 

 

Executive Summary

 

This report outlines the results from Public Notice of proposed financial assistance to the Australian Paralympics Team and Special Olympics Australia. Council only received one submission objecting to the process of financial assistance. Therefore, it is recommended that Council donate the amounts as publicly notified.

 

Discussion

 

At its meeting of 21 July 2008, Council considered Corporate Services Division Report No. 46 on requests for financial assistance 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 (AT-1) and the 2011 Special Olympics World Summer Games to be held in Athens (AT-2).

 

Upon considering the report, Council resolved to:-

 

1.   Contribute to the Australian Paralympic team in the amount of $500.00 and

 

(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.

 

2.   A further report be provided to Council with more detail on the Special Olympics.

 

 

Council was provided a further report on the Special Olympics and at its meeting on 4 August 2008, Council resolved that:

 

1.   Council donate $500.00 as a one-off amount.

 

2.   (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.

 

Councils’ proposal to make the above donations was publicly notified in the 20 August 2008 edition of the Northside Courier. The community was asked to have its’ say on the proposed donations and make a submission to Council by 17 September 2008. The Public Notice advised that should no objections be received, the financial assistance would be provided.

 

One submission was received by email on 20 August 2008 in response to the Public Notice (AT-3).  The respondent opposed Council giving “rate payer’s monies to any causes whether they are charitable of otherwise” and argued that rate payers should determine any financial assistance provided by Council. The respondent also called for rate payers to be given information on any financial assistance requests through quarterly Rates Notices instead of through a newspaper.

Comment

The Public Notice was published in a local paper to bring the matter to the attention of as many people in the Lane Cove community, as required by Section 705(3) of the Local Government Act.  Rates Notices are only issued four times a year to property owners and would reach fewer residents than an advertisement in the local paper.

 

Conclusion

 

Council has previously donated to worthy causes such as the Paralympics Team and Special Olympics Australia and it is recommended that Council determine whether to provide financial assistance in light of the objection received. 

 

 

RECOMMENDATION

 

That Council:-

 

1.   Provide financial assistance to the Australian Paralympic Team as a one-off payment in the amount of $500.00;

 

2.   Provide financial assistance to Special Olympics Australia as a one-off payment in the amount of $500.00;

 

3.   Advise the writer of the submission of Council’s decision.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

 

 


Ordinary Council Meeting 7 October 2008

 

Corporate Services Division Report No. 59

 

 

 

 

 

Reference:    Corporate Services Division Report No. 59

Subject:          Pecuniary Interest Returns 2008    

Record No:    SU2095 - 35595/08

Author(s):       Cudilla Crystal ; Ian Naylor 

 

 

Executive Summary

 

The purpose of this report is to table the Pecuniary Interest Returns of councillors and designated persons as required by the Local Government Act 1993. Newly elected councillors (i.e excluding those persons who are current councillors) are required to lodge a return within the three-month period after becoming a councillor.

 

Discussion

 

Section 449(3) of the Local Government Act 1993 (“LG Act”) requires councillors (and designated persons) who hold that position on 30 June in each year to lodge a “Disclosures by Councillors and Designated Persons Return”.  All current councillors and designated officers are required to lodge such a return with their general managers by 30 September 2008. The general manager must keep a register of lodged returns and table lodged returns at a meeting of Council in accordance with Section 450A of the LG Act. All returns for the period to 30 June 2008 have been submitted.

 

In addition, newly elected councillors (i.e. excluding returning councillors) are required to lodge a return within the three-month period after becoming a councillor. It is proposed that the returns of newly elected councillors will be tabled at the last Council meeting of the year, 15 December 2008.

 

Conclusion

 

The LG Act requires the Pecuniary Interest Returns of councillors and designated persons to be tabled at a meeting of Council. All returns for the period to 30 June 2008 have been submitted.

 

 

 

RECOMMENDATION

 

That Council note the tabling of Pecuniary Interest Returns of councillors and designated persons lodged prior to 30 September 2008.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 7 October 2008

 

Corporate Services Division Report No. 62

 

 

 

Ordinary Council at the Meeting 7 October 2008

30/09/2008 to Ordinary Council

Corporate Services Division Report No. 62

Subject:          Procedures for Election of Mayor and Deputy Mayor and Councillor Representation on Council's Committees    

Record No:    SU868 - 35640/08

Author(s):       Ian Naylor 

 

 

Executive Summary

 

The purpose of this report is to outline the procedures involved for the election of the Mayor and Deputy Mayor and to give consideration to the representation of Councillors on Committees for the next 12 months.

Discussion

 

Election of Mayor and Deputy Mayor

Councillors have previously been provided nomination forms for the position of Mayor and Deputy Mayor for the next 12 months.  Nominations must be handed to the Returning Officer, Mr Craig Wrightson, Executive Manager – Corporate Services, prior to the commencement of the Council Meeting on 7 October 2008.  Clause 2, Schedule 7, of the Local Government (General) Regulation (2005) provides that nominations for Mayor and Deputy Mayor must be in writing signed by at least two Councillors, one of whom may be the nominee. The nominee must consent in writing to the nomination.   Clause 3 of the Regulation also provides that if more than one Councillor is nominated, the Council is to resolve whether the election is to proceed by preferential ballot, by ordinary ballot (secret ballot) or by open voting. (Show of hands).

Councillor Representation on Committees

 

A list of the representation of Councillors on Committees as of September 2008 is shown below:-

 

Representation on Council Committees as at September 2008

 

1.         Services and Resources Committee

 

This Committee deals with the "service" activities and day to day management of resources of the Council, such as finance, traffic and legal services. The full Terms of Reference for the Committee are included in Council's Code of Meeting Practice. The Committee meets in the Committee Room in the Civic Centre on the first and third Mondays of each month at 8.00pm. The Committee requires a quorum of three (3) Councillors, one (1) from each ward.

 

Members: The Mayor — Councillor Longbottom, Ex Officio, Councillors Gaffney, Hassarati Tierney and Tudge.

 

2.         Planning and Building Committee

 

This Committee has authority to determine development applications as lodged with Council not dealt with under delegated authority by the General Manager. The full Terms of Reference for the Committee are included in Council's Code of Meeting Practice. The Committee meets in the Council Chambers on the first and third Mondays of each month at 8.00pm. The Committee requires a quorum of three (3) Councillors, one (1) from each ward.

Members: The Mayor — Councillor Longbottom, Ex Officio, Councillors D’Amico, Freedman, Lawson and Smiths.

 

3.         Inspection Committee

 

This Committee of the whole of Council carries out site inspections where it is considered Council should do so, with the majority of inspections being of development application proposals. The full Terms of Reference for the Committee are included in Council's Code of Meeting Practice. The Committee meets, unless otherwise determined, at 8.30am on the first Saturday of each month, in the Civic Centre carpark and then proceeds to inspection of the matters listed on the agenda. The Committee requires a quorum of five (5), with at least one (1) Councillor from each ward.

 

Members: All Councillors and appropriate staff as determined by the General Manager.

 

4.         Citizenship Awards Selection Committee

 

This Committee considers nominations for Council's Citizenship Awards and meets in February and March each year prior to the ceremony which is currently held in May. The Meetings are held in the Civic Centre at 6pm.

 

Members: The Mayor – Councillor Longbottom, Ex Officio, Councillors D'Amico, Freedman, Gaffney, Hassarati, Teirney and Smith and appropriate staff as determined by the General Manager and any available Councillors may also attend.

 

5.         Publications Editorial Task Force

 

This Committee provides input from a Councillor's perspective on the draft Quarterly Newsletter to the community, which is prepared by Council staff. The Committee meets on an as required basis in the Committee Room in the Civic Centre at 5pm prior to Council Meetings.

 

Members: The Mayor - Councillor Longbottom, Ex Officio, Councillors Freedman, Gaffney, Lawson, and Smith and appropriate staff as determined by the General Manager.

 

Other Committees Involving Council Representation

 

6.         Bicycle Working Party

 

This Committee meets to consider the provision of bicycle facilities in Lane Cove. The Committee meets in the Committee Room in the Civic Centre at 6pm as required.

 

Members: Councillors D'Amico, Hassarati and Lawson, and any available Councillors may also attend.

 

7.         Bushland Management Advisory Committee

 

This Committee provides advice to the General Manager on bushland management within Lane Cove. The Committee comprises three (3) Councillors, the Manager - Bushland, members of the Community and Representatives of the Lane Cove Bushland and Conservation Society. The Committee meets on the 2nd Wednesday of each month at 6:00pm in the Committee Room in the Civic Centre.

 

Members: Councillors D'Amico, Teirney and Smith with Councillor Freedman as an alternate.

 

 

 

 

8.         Cameraygal Festival Committee

 

This Committee is the organising committee for the Cameraygal Festival. The Committee generally meets from February to August and also in November on the 3rd Thursday of the month at 6pm.

 

Members: The Mayor - Councillor Longbottom, Ex Officio and Councillor Tudge and Councillor D’Amico as observer.

 

9.         Carisbrook Advisory Committee

 

This committee assists in the administration of Carisbrook House and meets every 6 weeks on Wednesdays at 9am in the Civic Centre.

 

Member:  One Councillor to be appointed

 

10.       Central Ward Traffic Consultative Forum

 

This Working Party meets quarterly to consider traffic issues in Central Ward and to provide advice to Council on those matters. Representation is made up of residents from Central Ward. Central Ward Councillors attend the forum.

 

Members: The three (3) Central Ward Councillors - Councillors Freedman, Hassarati and Smith and the Manager - Traffic.

 

11.       Centrehouse Management Committee

 

Centrehouse is a not-for-profit community art and leisure centre offering leisure learning for the community, including various courses for children to adults and facilities for hire. The Management Committee meets the 1st Wednesday of each month at Centrehouse at 5.30pm.

 

Members: Councillors Freedman and Gaffney with Councillor Lawson as Alternate.

 

12.       Chatswood South Cemetery Committee

 

This Committee meets twice a year on a Wednesday at 4.30pm to inspect the cemetery grounds and organise for any maintenance work to be undertaken. The Committee comprises of the Minister and two (2) parish members Church representatives, three (3) West Ward Councillors, Manager – Open Space and the Manager - Local History and Archives as Council's Archivist.

 

Members: The Mayor — Councillor Longbottom, Ex Officio and Councillors Gaffney and Teirney.

 

13.       Consultation Committee — Metropolitan Local Aboriginal Land Council (Metro) and Lane Cove Council

 

The purpose of the Committee is to co-ordinate any issues arising from the Agreement concerning Aboriginal land, working together to apply for funding and on joint ventures that foster reconciliation.

 

Members: The Mayor - Longbottom Ex Officio and Clr Teirney as an alternate and the General Manager.

 

 

 

 

 

14.       Councillor Peer Review Group

 

Council adopted as part of its Code of Conduct a Peer Review Group to assist in promoting the Code’s behavioural ideals and monitor council’s overall progress in achieving these ideals and provide feedback if necessary.

 

Members:  Councillors Gaffney and Lawson.

 

15.       Duntroon Avenue Community Liaison Committee

 

Council as part of its development consent resolved that the developer establish a community liaison committee, to facilitate information flow to the community regarding the development progress, issues and complaint that arise and solutions and remedies initiated. The Committee meets as required.

 

Members:  Councillors Lawson and Tudge.

 

16.       East Ward Traffic Consultative Forum

 

This Working Party meets quarterly to consider traffic issues in East Ward and to provide advice to Council on those matters. Representation is made up of residents from East Ward. East Ward Councillors attend the forum.

 

Members: The three (3) East Ward Councillors — Councillors D’Amico, Lawson and Tudge, and the Manager - Traffic.

 

17.       Golf Course Advisory Committee

 

Council as part of its draft Charter for the Golf Course resolved to establish a Golf Course Advisory Committee to include two members of the Lane Cove Country Club, (a Board
member and a Club Captain) nominated by the Club, Council Users being a senior representative of the organisation that holds the management rights for the pro shop, the golf professional for the Course as employed by the organisation that holds the Management Rights, three Councillors, one from each Ward plus Alternates appointed by a formal resolution of Council each year.  The Committee meets bi-monthly on a Tuesday at 8am in the Country Club.

Members: Councillors Lawson, Smith and Gaffney

 

18.       Gore Hill Memorial Cemetery Trust

 

The Trust is appointed by the Minister for Lands and is responsible for the care, control and management of Gore Hill Cemetery at St Leonards.  Meets bi-monthly at 6pm on a Thursday.

 

Member: Councillor Gaffney.

 

19.       Kindy Cove Management Advisory Committee

 

This Committee provides advice to the Management of the Long Day Care Centre, from a parent and community perspective. The Committee meets on the 3rd Wednesday of every month at 7.00pm, usually at Kindy Cove.

 

Member: Councillor Smith.

 


20.       Lane Cove Access Committee

 

The Committee's objectives are to increase and promote general awareness of access, mobility and safety issues in the community and more specifically for people with disabilities and to provide advice on access to public amenities.  The Committee meets on the last Monday of every 2nd month at 10am.

 

Members: Councillor Freedman, appropriate Council Officers as determined by the General Manager, five (5) representatives of organisations and five (5) community representatives.

 

21.       Lane Cove Airport Action Group

 

This committee is no longer meeting, it is recommended that it be removed from the list of committees.

 

22.       Lane Cove Community Aid Board of Directors

 

Community Aid is an incorporated association which provides direct services to the elderly, disabled and their carers in Lane Cove. The Board meets on the 2nd Thursday of each month at 7:30pm at the Community Aid Centre.

 

Members: The Mayor - Councillor Longbottom, Ex Officio and Councillor Smith.

 

23.       Lane Cove Community Transport Committee

 

This committee is no longer meeting, it is recommended that it be removed from the list of committees.

 

24.       Lane Cove Cultural Advisory Committee

 

This Committee assists in the formulation of cultural planning strategies and initiatives.  The Committee meets in the Training Room in the Civic Centre at 6.30pm. The meeting dates are set by the Committee.

 

Members: Any Councillor who wishes to attend, Council staff as designated by the General Manager and up to eight (8) members drawn from the community.

 

25.       Lane Cove Historical Society

 

The Society meets on the fourth Tuesday of each month at 7pm excepting December and January in the Cove Room at Council and provides a forum for the promotion and discussion of history in Lane Cove.

 

Members: The Mayor — Councillor Longbottom, Ex Officio, Councillors Freedman and Teirney.

 

26.       Lane Cove North Traffic Consultative Forum

 

This Working Party meets quarterly to consider traffic issues in North Ward and to provide advice to Council on those matters. Representation is made up of residents from North Ward. North Ward Councillors attend the forum.

 

Members: The Mayor — Councillor Longbottom, Ex Officio, Councillors Freedman, Gaffney, Hassarati, Teirney and the Manager — Traffic.

 


27.       Lane Cove Occasional Child Care Centre

 

This Committee considers management issues of the Child Care Centre. The Committee meets on the 2nd Tuesday of each month at 7.30pm in the Centre.

 

Member: Councillor D'Amico.

28.       Lane Cove Retirement Units Association Ltd Board

 

The Association seeks to provide suitable accommodation for aged persons capable of independent living, and manages the land and buildings at Pottery Gardens to this end. Two (2) Councillors are required to be on the Board which meets bi-monthly on a Thursday at 7.30pm.

 

Members: Councillors Smith and Gaffney.

 

29.       Lane Cove River Estuary Management Committee

 

This committee is no longer meeting, it is recommended that it be removed from the list of committees.

 

30.       Lane Cove Social Development Group

 

This Group assists in the development and ongoing monitoring of the Social Plan.  It provides a venue for community input into assessing strategies, actions and projects to meet community needs.   The Group meets quarterly – February, May, August, November on the second Wednesday of the month in the Committee Room of the Civic Centre at 6.00pm.

 

Members: Councillors Teirney and Tudge and Councillor D'Amico as an alternate, three (3) community representatives and staff as determined by the General Manager.

 

31.       Lane Cove Sports Committee

 

This Committee was formed in 1978 to investigate and make recommendations to Council on matters relating to sport and sporting facilities within Lane Cove. The Committee comprises the Mayor as an ex-officio member of the Committee, Councillors and delegates of sporting clubs within Lane Cove. The Committee meets twice a year, at 7:00pm in the Staff Amenities room at the Civic Centre.

 

Members: The Mayor – Councillor Longbottom, Ex Officio, Councillors Hassarati, Lawson, Teirney and Tudge and appropriate staff as determined by the General Manager.

 

32.       Lane Cove West Traffic Consultative Forum

 

This Working Party meets quarterly to consider traffic issues in West Ward and to provide advice to Council on those matters. Representation is made up of residents from West Ward. West Ward Councillors attend the forum.

 

Members: The three (3) West Ward Councillors — The Mayor — Councillor Longbottom, Ex Officio, Councillors Teirney and Gaffney, and the Manager - Traffic.

 

33.       Library Fit-out Committee

 

This Committee was formed in 2005 to assist with oversighting the fit-out of the Lane Cove Library and to ensure that the Council and community are kept informed as to progress. The Committee meets quarterly at 6pm in the Committee Room and includes one Councillor from each ward.

 

Members: Councillors Lawson, Gaffney and Freedman, Three (3) community representatives and appropriate staff as determines by the General Manager.

 

34.       Local History Publications Committee

 

The Committee members consist of the Manager - Library Services, the Manager - Local History and Archives, at least one (1) Councillor and appropriate experts selected according to subject matter. The Committee helps to plan the publication of papers relevant to the history and development of areas as defined by the Local History Collection. The Committee meets on an as required basis at the Lane Cove Library, meets after hours as required.

 

Members: The Mayor – Councillor Longbottom, Ex Officio with Clr Tudge as an alternate and appropriate staff as determined by the General Manager.

 

35.       Marjorie Propsting Memorial Library Working Party

 

This Committee reports to, and liaises with, Council on matters affecting Library services at the Marjorie Propsting Memorial Library. The Committee comprises of the Manager - Library Services, one (1) member from Greenwich Library staff, three (3) members of the Greenwich Community Association, one (1) Representative of the Greenwich Kindergarten, one (1) member of the Greenwich Public School P&C Association and one (1) East Ward Councillor. Meets six monthly in the Greenwich Library on a Tuesday at 4pm.

 

Member: Councillor Lawson.

 

36.       Metro Pool Board

 

Metro Pool is made up of seven (7) Councils which self insure against Public Liability claims and purchase excess layers of insurance. The Board comprises of the General Managers and elected members of each member Council and has the responsibility of ratifying decisions made by the Management Committee and ensuring the ongoing viability of Metro Pool. The Board meets annually for its Annual General Meeting, normally at 10am at a host council.

 

Member: The Mayor - Councillor Longbottom.

 

37.       Northern Suburbs Regional Organisation of Councils - (NSROC)

 

NSROC is a voluntary group of seven (7) Northern Sydney Councils which exist to further the interests of its members and the communities they represent. The NSROC office is currently located at Lane Cove Council. NSROC's long term vision is for sustainable and involved communities having access to services and facilities which fulfil their needs. The member Councils achieve this through optimising resource sharing opportunities, effective and focused lobbying and integrated regional planning. Council is entitled to two (2) voting Councillors and the organisation meets on the 1st Thursday of every 3rd month at 7:00pm at a rotating venue.

 

Members: The Mayor – Councillor Longbottom with Councillor Smith as an alternate and Councillor Tudge with Councillor Freedman as his alternate.  Any Councillor is welcome to attend this committee meeting.

 

38.       Public Libraries NSW - Metropolitan Association(Inc.)

 

This is an Association of Library Managers from the Greater Sydney Metropolitan Area. The Association was established to ensure resource sharing programs, and for exchanging ideas. The Committee meets on a quarterly on a Friday at 10am at alternate venues.

 

Member: Councillor Gaffney and the Manager – Library Services.

 

39.       Shell Consultative Committee

 

This Committee is convened by Shell Australia and Council's Representatives include the Mayor, East Ward Councillors and the Manager - Assets. The Committee meets quarterly on a Wednesday at 7.30pm.

 

Members: The Mayor – Councillor Longbottom, Ex Officio, Councillors D’Amico, Lawson and Tudge.

 

40.       Shorelink Committee

 

This Committee manages the Shorelink Library Network and was established in 1983. The Committee comprises five (5) Councillors; one (1) from Lane Cove, Manly, Mosman, North Sydney and Willoughby Councils and the Chief Librarian from each of the Councils. This Committee meets five (5) times a year, at 6:00pm, and rotates its venues between Councils.

 

Members: Councillor Gaffney with Councillor Teirney as an alternate.

 

41.       Sister City Work Group

 

This committee is no longer meeting, it is recommended that it be removed from the list of committees.  The only active Sister City is Gunnedah, activities are co-ordinated by staff.

 

42.       Sustainability Advisory Committee

 

This Committee assists Council in the formulation, prioritisation and implementation of strategies and initiatives to achieve sustainability as primarily set out in the Sustainability Action Plan. The committee meets on the 3rd Wednesday of every 2nd month at 6pm in the Committee Room.

 

Members: Councillors Freedman, Teirney and Tudge with Councillor Lawson as alternate.

 

43.       Sydney Airport Community Forum (SACF)

 

Council no longer has representation on this committee, it is recommended that it be removed from the list of committees.

 

44.       Waterbrook Development Community Liaison Committee

 

This committee is no longer meeting, it is recommended that it be removed from the list of committees.

 

45.       Willoughby/Ryde/Hunters Hill/Lane Cove District Bushfire Committee

 

This Committee was established to meet the requirements of the Rural Fires Act in minimising the impact of bushfires on the community. Its functions include approving priorities and locations for hazard reduction works. Representatives are from the four (4) Councils, National Parks and Wildlife Service, NSW Police Service, TollAust and NSW Fire Brigades. The Committee meets approximately 6 times a year at the NSW Fire Brigades Regional Office in Artarmon during business hours usually on a Thursday morning.

 

Members:  The Mayor — Councillor Longbottom, Ex Officio with Clr Lawson as an alternate and staff as determined by the General Manager.

 

 

 

RECOMMENDATION

 

That:-

 

1.         Council conduct the Election for Mayor and Deputy Mayor for the period October 2008 to September 2009.

 

2.         If more than two nominations are received for Mayor or Deputy Mayor, Council resolve whether the election is to proceed by preferential ballot, by ordinary ballot or by open voting.

 

3.         Consideration be given to Councillor Representation on Council Committees for the next 12 months.

 

4.         Council endorse the removal of committees that no longer meet as recommended in the body of the report.

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

 

ATTACHMENTS:

There are no supporting documents for this report.

CNL071008CSD_62.doc

*****   End of Corporate Services Division Report No. 62   *****

 


Ordinary Council Meeting 7 October 2008

 

Open Space and Urban Services Division Report No. 33

 

 

 

 

 

Reference:    Open Space and Urban Services Division Report No. 33

Subject:          Street Parties Traffic and Parking Policy and Procedures     

Record No:    SU1691 - 35379/08

Author(s):       Nick Karahlis 

 

 

Executive Summary

 

Council previously considered the issue of temporary street road closures as a result of numerous requests from residents to hold street parties, especially around Christmas time.  A ‘Street Parties Traffic & Parking Arrangements Draft Policy’ was advertised during June and July this year.

 

Requests for street parties are in the main restricted to local streets with low traffic volumes. For requests of this nature, Council has been granted delegated authority to approve these applications without the need for Roads and Traffic Authority (RTA) concurrence. Where a local road carries higher volumes of traffic or adjoins a major road, the street party application will be forwarded to the Traffic Committee for consideration and concurrent approval from the RTA.

 

It is a requirement by the RTA that certified traffic controllers manage the traffic for street closures of any nature. The need for RTA approval of street closures and the need for certified traffic controllers for street parties is considered excessive, and has actually resulted in some street parties being cancelled.

 

During the exhibition period the ‘Street Parties Traffic & Parking Arrangements Draft Policy and Procedures’ manual received general support from residents.

 

The Draft Policy was developed to provide the guidance and framework to allow residents to organise their own street parties. As there has been general community support of the draft manual, it is provided for Council adoption.

 

 

Background

 

Council is now receiving between 8-12 applications per year for parties to be held. These requests generally include the need for a street closure. In accordance with the RTA’s Traffic and Transport Management of Special Events document, road closures related for street parties require the consideration of the Traffic Committee and a Traffic Management Plan (TMP) to be lodged. Insurance cover is also required.

 

As a result of requests made to Council for Street Parties and difficulties and costs arising from RTA’s requirements for the closure of local streets, Council prepared the Traffic & Parking Arrangements Draft Policy and Procedures manual with the aim to make it more practical and provide a guide to residents who wish to organise a street party. Council resolved to advertise the proposed policy back in May 2008.

 

Public Consultation was carried out in accordance with Council’s procedures and the draft policy was supported.

 

 

Discussion

 

The Roads and Traffic Authority requires the provision of RTA certified traffic controllers for any event where organisers are requesting a street closure. The cost of two RTA certified traffic controllers for an event that lasts five (5) hours is over $500. This is considered excessive, and it actually caused the cancellation of two street parties last year.

 

Council undertook investigations into the required approval processes for street parties and to determine whether RTA certified traffic controllers were actually required in all cases. In undertaking these investigations, Council reviewed the RTA’s Traffic and Transport Management of Special Events document, liaised with the RTA’s Policy Manager, and liaised with representatives from the RTA Traffic Management Centre.

 

Council has been willing to accept the insurance liabilities, subject to the organisers complying with conditions such as notifying emergency service authorities, letter box dropping all affected residents of the event, and provision of barriers that are marshalled at all times by responsible adults.

 

On reviewing the RTA’s Traffic and Transport Management of Special Events document representatives of the RTA Traffic Management Centre have agreed that street parties on local roads with low traffic volumes are classified as a Class 3 Special Event. In summary, this Class of Special Event does not require a Traffic Management Plan (TMP) to be lodged with the RTA, and it also allows Council to approve these events under delegated authority. This is a very positive outcome.

 

The Traffic & Parking Arrangements Draft Policy and Procedures manual was developed in order to provide the guidance and framework to allow residents to organise Street Parties, especially during the Christmas period.

 

 

Community Consultation

 

Council advertised the Traffic & Parking Arrangements Draft Policy and Procedures manual, in June for a period of 6 weeks (closing date on 4th July 2008). The above document was advertised as per Council’s consultation policy below which included advertisement in the local newspaper, a web based survey and e-newsletter.

 

There were 13 responses received. 12 of these responses were received through Council’s Web based survey. Some of these responses had no response of support or against but had indicated acknowledgement of the proposed Draft Policy.

 

Specifically there were seven (7) responses in favour two (2) against and four (4) indicating neither support nor objection. Some of the comments received where:

 

·     Costs, including insurance should be borne by the organisers

·     Street parties should be encouraged

·     Council should be congratulated for the initiative

·     Access should be maintained for all users

·     The Policy seems “very reasonable” (Riverview Association).

 

The responses received from the public exhibition period indicated general support for this Policy.

 

 

Conclusion

 

Based on the review of the RTA’s Traffic and Transport Management of Special Events document, and the advice of the relevant RTA officers, Council believes it is in a position whereby it can approve street parties on local roads with low traffic volumes.

 

As a result of the investigations undertaken, the Draft Policy and Procedures Manual for Street Parties has been developed and is a tabled for Council’s consideration and determination.

 

 

 

RECOMMENDATION

 

That:-

1.         Council note the community support of the Draft Policy and Procedures Manual for Street Parties - Traffic & Parking Arrangements.

 

2.         Council approve the Policy and Procedures Manual for Street Parties - Traffic & Parking Arrangements, dated September 2008

 

3.         That residents’ who apply for street parties be advised of Council’s approved Policy and Procedures manual.

 

 

 

 

 

 

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

 

 

ATTACHMENTS:

AT‑1 View

Policy and Procedures Manual for Street Parties

7 Pages

 

 

 


Ordinary Council Meeting 7 October 2008

 

Open Space and Urban Services Division Report No. 34

 

 

 

 

 

Reference:    Open Space and Urban Services Division Report No. 34

Subject:          Sydney Airport - Preliminary Draft Master Plan    

Record No:    SU1339 - 35484/08

Author(s):       Wayne Rylands 

 

 

Executive Summary

 

Sydney Airport has advised Council that the Sydney Airport Preliminary Draft Master Plan 2009 has been placed on public exhibition.

 

Council will make a submission on the Master Plan after reviewing the information provided and considering any comments or concerns raised by Councillors.

 

Councillors’ comments or concerns should be provided to the General Manager or Executive Manager-Open Space & Urban Services by the end of November 2008 to allow our submission to be provided by the closing date of Tuesday, 16 December 2008.

 

 

Background

 

Sydney Airport’s existing Master Plan was approved by the Australian Government in 2004. It covers the period up to 2024.

 

Sydney Airport is reviewing and updating the existing plan to provide planning direction to 2029.

 

A copy of the Sydney Airport Preliminary Draft Master Plan Summary has been provided in a colour hard copy for Councillors information and review.

 

 

Discussion

 

The updated Sydney Airport Master Plan 2009 provides the Airport’s vision for the operation and development of the airport to the year 2029 and the strategies required to sustainably meet Sydney’s future air transport needs.

 

The summary document provided indicates that there are no major changes of direction with Master Plan 2029. It retains the key elements of Master Plan 2024 in relation to airfield layout and airport operations as well as presenting a range of strategies to deal effectively with priorities which have emerged with greater clarity over the past five years

 

 

Community Consultation

 

Statement of Intent

 

The consultation is designed to obtain comments from Council and any interested community members to be passed onto Sydney Airport.  The public exhibition period runs until Tuesday,16 December 2008.

 

 

 

 

 

 

Method

 

Level of Participation

Inform

Form of Participation

Open

Target Audience

Whole Community

Proposed Medium

Public Exhibition at Civic Centre, E-newsletter and

Website link to Sydney Airport’s website and the Master Plan

Indicative Timing

Oct to Dec 2008

 

The hard copy Preliminary Draft Sydney Airport Master Plan 2009 that has been provided will be placed at the Council Offices Customer Services Counter for the period of the public exhibition. All of Council’s e-news recipients will also be advised of the document and provided with a link to Sydney Airport’s website and the Master Plan.

 

 

Conclusion

 

The Preliminary Draft Sydney Airport Master Plan 2009 outlines the Airport’s vision for the operation and development of the airport until 2029.

 

Council staff will review the document over the next month to prepare a submission on the Master Plan 2009 prior to the end of the public exhibition period. If any Councillors have any comments or concerns to raise about the Master Plan, it would be appreciated if they could do so through the General Manager or Executive Manager-Open Space & Urban Services by the end of November 2008.

 

RECOMMENDATION

 

That Council:-

 

1.   Prepare a submission on the Preliminary Draft Sydney Airport Master Plan 2009 to be       provided to Sydney Airport prior to the completion of the public exhibition period.

 

2.   Inform the community about the Preliminary Draft Sydney Airport Master Plan 2009       through our e-news, and provide the Sydney Airport web-link for interested parties to inform       themselves on the Master Plan and enable them to make their own independent       submissions.

 

 

 

 

 

 

 

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

 

 

ATTACHMENTS:

AT‑1 View

Sydney Airport Preliminary Draft Master Plan

7 Pages

 

 

 


Ordinary Council Meeting 7 October 2008

 

Environmental Services Division Report No. 56

 

 

 

 

 

Reference:    Environmental Services Division Report No. 56

Subject:          Disclosure of Policital Donations and Gifts - Development Applications and objection letters    

Record No:    su1802 - 33697/08

Author(s):       Peter Thomas 

 

 

Executive Summary

 

Council has received notice from the Department of Planning outlining the implementation of the planning reform relating to political donations and gifts.

 

As part of the reform it is necessary for “reportable” donations (donations exceeding $1000) and gifts to be declared by applicants when they lodge development applications and by residents if they make submissions on applications.

 

A copy of the circular is attached (AT1) for the Councillor’s information.  In August, the Department of Planning released a Guideline which is also attached (AT2).  A further update was issued

 

It is recommended that Council receive and note the attached information and actions by staff.

 

Background

 

Councillors will be aware that the Environmental Planning and Assessment Act has recently been subject to reform.  Part of the reforms to come into force has included the need for declaration of reportable financial donations or gifts to Councillors and gifts to employees.

 

The amendments to the Environmental Planning and Assessment Act are a result of the amendments to the Local Government and Planning Legislation Amendment (Political Donations) Act 2008. 

 

This is via Section 147 which has been introduced into the Environmental Planning and Assessment Act and was to come into effect in September, but was delayed and came into effect on 1 October 2008.  At the time of preparation of this report, formal notification and the exact wording of Section 147 were not available.

 

The Department of Planning in their August 2008 Guideline have provided a disclosure form which Council is utilising.

 

Discussion

 

The amendment requires that applicants declare if they have, within the preceding 2 year period, made any “reportable” donations/ gifts at the time they lodge:

 

·     a request for the making of a local environmental plan (LEP) or development control plan (DCP)

·     an application for state significant development (to the Minister) under part 3A

·     an application for a concept plan, or its modification (to the Minister) under Part 3A

·     an application for development consent under Part 4 (or the modification of a development consent).

 

It excludes:

 

·     Complying development certificates

·     Applications on behalf of a public authority.

The amendment to the Act also requires any person who makes a submission in relation to the above to make a similar declaration.

 

To meet the requirements of the amendments to the Environmental Planning and Assessment Act, Council’s development application form and notification letter have been amended advising that it is necessary for applicants and submission writers to complete disclosure statements if they have made “reportable” political donations or gifts.  Copies of the disclosure form provided by the Department of Planning are available at Council’s Customer Service counter and Council’s website has been updated to include the form.

 

“Where an application is lodged with the Council, a disclosure statements of reportable donations and gifts by the applicant or those making submissions must be placed on the Council’s website or made publicly available in accordance with arrangements notified on the Council’s website within 14 days of receipt.  (Source Department of Planning Disclosure of Political Donations and Gifts Guideline August 2008)”

 

Penalties for non-disclosure currently are a maximum penalty of $22,000.00 (200 penalty points) or imprisonment for 12 months or both.

 

Conclusion

 

To meet the requirements of the amendments to the Environmental Planning and Assessment, the following actions have been instigated or are already in place:

 

1.         Council’s Development Application form has been amended to meet the requirements of the amendments.

2.         Council’s Development Application notification letter has been amended to meet the requirements of the amendments.

3.         Declaration forms are available at Council’s customer service counter and on Council’s website.  The forms are also available on the Department of Planning Website.

4.         In the event a disclosure statement is received a copy will be placed on Council’s website, on Council’s file and will be disclosed prior to consideration of an application should the matter be considered by the Planning and Building Committee or Council.

5.         Lane Cove Council already has in place a system of declaration of interests by Councillors.

6.         Records of voting are maintained in the Council minutes on individual items.

 

RECOMMENDATION

 

That the report be received and noted and the actions by staff endorsed

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Department of Planning Circular PS08-009 3 September 2008 Disclosure of political donations and gifts - further information

2 Pages

 

AT‑2 View

Department of Planning Guideline August 2008.  Disclosure of Political Donations and Gifts

11 Pages

 

 

 


Ordinary Council Meeting 7 October 2008

 

Environmental Services Division Report No. 32

 

 

 

 

 

Reference:    Environmental Services Division Report No. 32

Subject:          Waterbrook Address Request    

Record No:    DA03/378-1 - 18884/08

Author(s):       Peter Thomas 

 

 

Executive Summary

 

·     Council has been approached by Waterbrook management to allow the use of “6 Ulonga Avenue” as their address.

·     Currently vehicular access/ egress points in Pacific Highway and Ulonga Avenue are used.

·     There is no Council Policy or protocol which relates to the assigning of addresses to properties.

·     The proposal was notified and 30 letters of objection and 12 letters of support and 3 petitions in support were received.

·     Given the level of concern; that the change of address would encourage the use of Ulonga Avenue as the main access to the development, it is suggested that Waterbrook management be advised that the use of the Ulonga Avenue address is not supported as it is contrary to original concept for traffic accessing the site from Pacific Highway and leaving via Ulonga Avenue as proposed in the original development proposal.

 

Background

 

The Waterbrook development was approved in 2004 (DA03/378).  The property has a number of street frontages and/or access points: over a right of way on 212 Pacific Highway, over a right of way to Ulonga Avenue and 39, 45 and 47 Wisdom Road (no vehicular access points in Wisdom Road).  Vehicular access/ egress points are available from Pacific Highway and Ulonga Avenue.

 

There are no conditions in the development consent which specifically require/restrict vehicular access.  See DA consent letter attached (AT1).

 

The applicant has requested that the property address be known as 6 Ulonga Avenue, and advertising has been presented in the media which reflects this address.

 

The applicant has advised:

 

“We understand Lorna Hodgkinson’s street address was 212 Pacific Highway.  This is a difficult address to find when traversing up Pacific Highway, particularly when the signage we are permitted to provide to Pacific Highway is limited by the easement over the Ridgeview carriageway land.

 

We initially had 39 Wisdom Road as the Waterbrook Greenwich address, however reconsidered this based on further confusion with deliveries and the likes ending up at the wrong end of the resort.

 

6 Ulonga Avenue became our preferred address, as it had the benefits of having direct access to the reception area, while have a more gentle entrance was leading to Waterbrook Greenwich”.

 

Notification

 

The proposal was notified and 12 letters, 1 petition containing 3 signatures, I petition containing 4 signatures and a petition from Ridgeview Group Greenwich containing over 18 signatures in support were received.  30 letters of objection to the proposed address change were also received.

 

A copy of all submissions is provided to Councillors separately.

 

The reasons for objection to the proposed address change include:

 

·     The address change will mean all traffic will enter and exit the site via Innes Road and Ulonga Avenue

·     Impact of increased traffic on residents

·     Possibility of accidents if traffic enters/ leaves via Ulonga Avenue

·     Address has already been approved as 212-214 Pacific Highway

·     Ulonga Avenue is small and narrow

·     Ulonga Avenue is a blind corner to the right to the Pacific Highway

·     The Ulonga Avenue address is already being used

·     The Hair and Beauty Business on the site is advertising for non resident clients (Letters have been sent to Waterbrook Management and the Manager of Waterbrook Hair and Beauty advising this is not permissible.  The matter has been referred to Council’s solicitors)

·     No measures are in place to restrict access from Ulonga Avenue (no signage or physical barriers)

·     Address change would mean all delivery vehicles would use Ulonga Avenue, which was intended as an exit only

·     Increased parking congestion in Innes Road and Ulonga Avenue

·     Area already affected by traffic from the Lane Cove Tunnel diversions

·     Confusion for pedestrians using public transport from the Pacific Highway

·     Existing problems (including an accident with a resident) with the use of the existing egress

·     Street too narrow for use by emergency vehicles.

Discussion                                                                                                                               

 

The property enjoys access/ egress to Pacific Highway and Ulonga Avenue, with vehicular access being via a right of way at 212 Pacific Highway, and from the end of Ulonga Avenue in Greenwich.

 

Council’s records refer to the property as 212 Pacific Highway, Greenwich.  The access available from Pacific Highway is ingress only over a right of way over land owned by the adjoining residential flat development (Ridgeview).

 

An inspection of the site agrees that there is limited opportunity for a street number and signage at this frontage, as the land and fence is not owned by Waterbrook, but by the Ridgeview residents, who are in dispute with Waterbrook regarding the aspects of the right of way. Mr MacGibbon of Murlan who are associated with Waterbrook has confirmed that the right of way allows limited identification. This would not however present as an issue for residents accessing the site, as they would be aware of the location of the access and they would likely be the bulk of vehicles accessing the site.

 

The referral from the Roads and Traffic Authority at the time that the original development application was under consideration noted that vehicles would be accessing the site from Pacific Highway and egressing from Ulonga Avenue.

 

A physical ingress and egress point is also available over the right of way at the end of Ulonga Avenue.  Ulonga Avenue is a dead end public street allowing two way traffic.  The carpark on the Waterbrook site can be physically entered from either access.   There is currently no signage or other physical restrictions that prevent vehicles entering from Ulonga Avenue.

 


It is agreed with the objectors that the use of the Ulonga Avenue Street address would likely encourage visitors to enter the site from Ulonga Avenue, and as pointed out in the objections this is contrary to the original concept for traffic movements on the site that the residents have been quoting.

 

There are no Council policies or protocols to guide Council in this consideration.  Similarly, the development consent did not require the use of a specific address.  No requirement was placed on the consent to require egress only to Ulonga Avenue.

 

The Innes Road resident who originally raised concern at the use of the address has advised:

 

All GUESTS entered the Waterbrook resort by driving up Ulonga Avenue via Innes Road and not as they are required to do, enter via 212 Pacific Highway and then exit via Ulonga.

 

This is clearly a result of the continuous advertising of the address being 6 Ulonga Avenue and the perception that entry is via Innes Road and Ulonga Avenue, which is why the question has been raised as to what action is going to be taken to rectify this misleading perception?

 

The Traffic Management plan submitted with the development application advises:

 

Access

 

Vehicular access for the development will retain the existing connections from the Pacific Highway and to Ulonga Avenue.  These accesses have satisfactorily served the Sunshine Homes activity for many years and traffic activity associated with the proposed development will be very similar. Accordingly, the proposed access arrangements will be quite suitable and appropriate.

 

The Traffic Management Plan does not state that Ulonga Avenue would only be used as an egress point and as indicated previously in this report, the consent is not conditional on Ulonga Avenue being used solely as an egress.

 

The issue was discussed with Council’s in house solicitor, who has advised that:

 

“I am not aware of any power that Council has to insist or otherwise order that an owner or occupier of land have a particular street address where there are 2 or more such options available ….

 

The only power that I am aware Council has that indirectly touches on the matter is the order-making power that Council has in section 124 of the Local Government Act 1993( NSW) which enables Council to order that an owner of land identify their premises with suitable numbering where there is already no such suitable identification.  However I very much doubt that that power would extend to empowering Council to insist or otherwise order that an owner or occupier of land have a particular street address where there are 2 or more such options available”…

 

The matter was also referred to Council’s Manager Traffic who has advised as follows:

 

·     “In terms of traffic access the provision of two streets as entry and exit points to the development is usually better than one. However by taking into consideration the traffic concerns of residents from Ulonga Ave, it is probably preferable that the address of the development does not change.


 

·     Any change of address may possibly encourage drivers (including the ones travelling on the Pacific Hwy) to access the site via Innes Road through Ulonga Ave. For visitors approaching the site via Innes Road, the existing address may appear confusing as they may not be aware that they can access directly through Ulonga Ave. In this case the Ulonga address would be more suitable.

·     The Fire Brigade has advised that it is their preference that they access the Waterbrook development through Ulonga Ave as they require that as a safer access. Residents of Ulonga Ave have objected to this as they are losing parking spaces. This is currently an ongoing issue

·     In any case, irrespective of any address change, access would not be able to be restricted through Pacific Highway only.  Visitors or residents of the Waterbrook development could not be by any policy restricted to accessing only through the Pacific Hwy. Any change of address would only encourage (and not direct) access through Ulonga Ave.

Conclusion

 

·     The issue of the address of the property is not one where Council can insist on one address over another.  There is no Council policy or protocol relating to the matter.  However, given the level of concern that the change of address would encourage the use of Ulonga Avenue as the main access to the development, it is suggested that Waterbrook management be advised that the use of the Ulonga Avenue address is not supported as it is contrary to original concept for traffic accessing the site from Pacific Highway and leaving via Ulonga Avenue.  It is also suggested that Waterbrook erect on their boundary within close proximity to Ulonga Avenue appropriate signage advising that Ulonga Avenue is for egress only, and not for access to the site.

 

 

 

RECOMMENDATION

 

That:-

 

1.   Council note the report and advise Waterbrook that use of the Ulonga Avenue address is not supported and may result in vehicles accessing the site from Ulonga Avenue, which is contrary to the original traffic concepts for the site.

 

2.   Waterbrook be requested to erect on their boundary within close proximity to Ulonga Avenue appropriate signage advising that Ulonga Avenue is for egress only, and not for access to the site.

 

 

 

 

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

DA consent for 212 Pacific Highway dated 24 October 2006

26 Pages

 


Ordinary Council Meeting 7 October 2008

 

Environmental Services Division Report No. 59

 

 

 

 

 

Reference:    Environmental Services Division Report No. 59

Subject:          New Sustainability Logo    

Record No:    SU3301 - 35373/08

Author(s):       Rob McKenna 

 

 

Executive Summary

 

This report provides a background to Council’s use of a sustainability logo and seeks Council’s support to fine tune and clearly brand Council’s sustainability initiatives through the adoption of a revised sustainability logo.

 

Background

 

A redesigned Sustainability Logo – ‘Sustainable Lane Cove’ was presented to Council for its consideration at its Meeting of 21 July, 2008 (AT1).

 

Following consideration of the report Council resolved that the proposed logo should be presented to the Sustainability Advisory Committee (SAC) for their comment.

 

The logo was presented to the SAC for their comment on Wednesday, 13 August 2008 and those comments were taken to the Graphic Designer, who has incorporated the changes into the logo presented in this report.

 

Discussion

The “Tree” (AT2), “Fast Tracking Sustainability” (AT3) logo and the new “Lane Cove, Sustainable Community” logo presented in this report, were all styled or designed by the same Graphic Designer.

 

The new logo is designed to replace the existing “Fast Tracking Sustainability” logo, which is linked to the Sustainability Levy, to enable Council to clearly brand all of its sustainability initiatives, not just Levy projects.

 

The new logo incorporates components of the original ‘Think Global, Act Local’ “tree” logo, and does this in a more iconic form than the text heavy “Fast Tracking Sustainability” Logo.  The new logo also incorporates those changes suggested by the Sustainability Advisory Committee i.e. shorter tree trunk, change wording to “Lane Cove, Sustainable Community, and change the colours to be not as dark as the ‘Tree’ logo.

 

 

Conclusion

The “tree” and “Fast Tracking Sustainability” logos have served the specific needs of Council well in relation to the Sustainability Action Plan and Sustainability Levy; however a more focused logo would add value in communicating this Council’s sustainability message to the community. The “Lane Cove, Sustainable Community” logo does this and incorporates changes suggested by the Community representative group – The Sustainability Advisory Committee.

 

 

 

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

REPORT New Sustainability Logo

2 Pages

 

AT‑2 View

Think Global, Act Local "Tree'' Logo

1 Page

 

AT‑3 View

Fast Tracking Sustainability Logo

1 Page

 

 

 


Ordinary Council Meeting 7 October 2008

 

Environmental Services Division Report No. 60

 

 

 

 

 

Reference:    Environmental Services Division Report No. 60

Subject:          Delegated Authority Report - August 2008    

Record No:    su1863 - 35427/08

Author(s):       Michael Mason 

 

 

 

During the month of August 2008 a total of 40 Development Applications were determined under delegation by staff and 1 by Council.  In addition 12 Construction Certificates and 17 Privately Certified Construction Certificates were issued.  There were 2 Privately Certified Complying Developments and 1 by Council.

 

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

List of Development Applications determined for August 2008

6 Pages