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Minutes

Ordinary Council Meeting

18 October 2010, 6:48pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 18 October 2010

 

Minutes

 

 

 

PRESENT: Councillor W. Gaffney (Chair), Councillor S. Bennison, Councillor D. Brooks-Horn, Councillor S. Forrest, Councillor I. Longbottom, Councillor K. Mcilroy, Councillor P. Palmer, and Councillor A. Smith.

 

ALSO PRESENT: General Manager, Manager – Governance, Executive Manager – Environmental Services, Executive Manager – Open Space & Urban Services, Executive Manager – Human Services, Director – Major Projects, Manager – Strategic Planning and Office Manager – Corporate Services.

 

APOLOGIES                                                     

Apologies be received on behalf of Councillor Tudge.

343

RESOLVED on the motion of Councillors Gaffney and Palmer  that the apology be accepted and leave of absence be granted.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

 

 

OPENING OF MEETING WITH PRAYER

 

The meeting was opened with a prayer by Rev. Steven Pym of Greenwich Presbyterian Church.

 

 

CONFIDENTIAL ITEMS  

 

Pursuant to section 10A(4), the public were invited to make representations to the council meeting before any part of the meeting is closed, as to whether that part of the meeting should be closed to consider:

 

Mayoral Minute No. 4

SUBJECT: Remuneration of General Manager

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (a) of the Local Government Act, 1993, on the grounds that the matter will involve the discussion of personnel matters concerning a particular individual; 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 because the report contains personal information concerning the performance of staff.

 

 

No members of the public made representations.


 

PROCEDURAL MOTION

344

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

1.       Council resolve into Closed Committee to consider business identified, together with any late reports tabled at the meeting.

2.       Pursuant to section 10A(1)-(3) of the Local Government Act 1993, the media and public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of section 10A(2) as outlined above.

3.       The correspondence and reports relevant to the subject business be withheld from access to the media and public as required by section 11(2) of the Local Government Act 1993.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

 

Council moved into Closed Committee at 6:51pm. The public, media and all staff left the chamber.

 

Closed Committee commenced.

 

 

Confidential Items

 

Mayoral Minute No. 4

SUBJECT: Remuneration of General Manager

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (a) of the Local Government Act, 1993, on the grounds that the matter will involve the discussion of personnel matters concerning a particular individual; 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 because the report contains personal information concerning the performance of staff.

 

RECOMMENDATION OF CLOSED COMMITTEE

That the General Managers remuneration be increased as per Option 1 in the report, from 1st October 2010.

  

 

PROCEDURAL MOTION

345

RESOLVED on the motion of Councillors Palmer and Mcilroy that Council move out of Closed Committee and into Open Council.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

 

The meeting moved into Open Council at 6:59pm.

 

 


ACKNOWLEDGEMENT OF COUNTRY

 

The Mayor gave an acknowledgement of Country.

 

DECLARATIONS OF INTEREST:

 

Councillors Longbottom and Brooks-Horn declared a pecuniary conflict of interest in Environmental Services Report No. 39 – Local Environmental Plan 12 Month Review item A7.3 in relation to 1-5 Birdwood Ave as they are board members of the Lane Cove Club.  They indicated they would exit the Council Chambers and not discuss or vote on the item.

Councillor Smith later in the meeting declared a non pecuniary conflict of interest in Environmental Services Report No. 39 – Local Environmental Plan 12 Month Review items A7.5 (NR) and A7.6 (NR) as her mother is a resident of the Caroline Chisholm Retirement Village.

 

CONFIDENTIAL ITEMS

The following recommendation in Closed Committee was read to the meeting by the General Manager, prior to being adopted.

 

Mayoral Minute No. 4

SUBJECT: Remuneration of General Manager

346

RESOLVED on the motion of Councillors Gaffney and Palmer that the General Managers remuneration be increased as per Option 1 in the report, from 1st October 2010.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

 

 

SUSPENSION OF STANDING ORDERS

347

RESOLVED on the motion of Councillors Palmer and Gaffney that Standing Orders be suspended and that members of the public who wish to address Council be allowed to do so for a maximum of three minutes.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

 

PUBLIC FORUM

Peter Baum, 4 Birdwood Ave Lane Cove, in support of rezoning in Birdwood Ave to increase the height and opposed to the recommendation of Schedule C Item C1.3 - Birdwood Ave Southside.

Paul Hammett, 29 Longueville Rd Lane Cove, in support of an increase in height to 25 metres for 25 – 29 Longueville Rd and opposed to the recommendation of Schedule C Item C1.6.

Simon Liebke, 25 Longueville Rd Lane Cove,  in support of an increase in height to 25 metres and FSR to 3:1 for 25-29 Longueville Rd and opposed to the recommendation of Schedule C ItemC1.6.


Ian Biner, 1A Burley St Lane Cove, opposing the recommendation for 1A Burley St, Lane Cove as per Schedule C Item C1.4.

Brian McDonald, 46 Gordon Cres Lane Cove, in support of rezoning the Mowbray / Stringybark precinct to an Environmental E4 zone, including the Dept of Housing area in Mindarie St, as per Schedule B Item B2.2. 

Henry Mooser, 12 Birdwood Ave Lane Cove, in support of rezoning in Birdwood Ave to increase the height and FSR and opposed to the recommendation of Schedule C Item C1.3 - Birdwood Ave Southside.

Michael van-Twest, 2 Birdwood Ave Lane Cove, in support of rezoning in Birdwood Ave to allow for higher density and opposed to the recommendation of Schedule C Item C1.3 - Birdwood Ave Southside.

Qingsheng Zhon, 6 Birdwood Ave Lane Cove, in support of rezoning in Birdwood Ave to allow for an increase in FSR and opposed to the recommendation of Schedule C Item C1.3 - Birdwood Ave Southside.

Doug Stuart, William Edward St Longueville, speaking on behalf of the Lane Cove Bushland and Conservation Society in support Councils recommendation to correct zoning in 18-24 Merinda St to Environmental Conservation E2 and opposing the rezoning of the Mowbray / Stringybark Creek Precinct to High Density Residential R4.

Jack Winning, 12 Wilandra St Lane Cove, in opposition of the recommendation of Schedule C Item 2.2 in relation to the Mowbray / Stringybark Creek Precinct, suggesting the entire area be considered for E4 zoning.

Elizabeth Maxwell, 4A Birdwood Ave Lane Cove, in support of rezoning in Birdwood Ave to increase the height and opposed to the recommendation of Schedule C Item C1.3 - Birdwood Ave Southside.

Judy Mitchell, 20 Coonah Pde Riverview, supporting the addition of the Lloyd Rees Bandstand to the heritage register as recommended in Schedule A Item A5.2.

Deborah Hill, Johnston Cres Lane Cove, in opposition to high density development in the Mowbray / Stringybark Precinct.

Frances Vissel, Speaking on behalf of Stringybark Creek Residents Association in opposition to rezoning of Mowbray / Stringybark Precinct to R4 zoning, requesting the entire area be rezoned Environmental E4.  Also speaking in support of the recent “Plant a Family Tree Day” activities.

Ron Gornall, Mafeking Ave Lane Cove, in support of Councils recommendation for FSR and height increases for Pacific Hwy / Mafeking Ave, 11-47 Longueville Rd, and 2-4 Burley St.

Peter Hardy, 18A Birdwood Ave Lane Cove, in support of rezoning in Birdwood Ave and opposed to the recommendation of Schedule C Item C1.3 - Birdwood Ave Southside.

Brett Brown, 308 Pacific Hwy Lindfield, in opposition to the rezoning of 150 Epping Rd for High Density Residential R4 or Mixed Use B4 zoning as per Schedule B Item B2.1.


 

Resumption of Standing Orders

348

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

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

 

Procedural Motion

349

RESOLVED on the motion of Councillors Palmer and Gaffney that Environmental Services Division Report No. 39 Local Environmental Plan 12 Month Review be brought forward and dealt with at this time.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

 

Procedural Motion

350

RESOLVED on the motion of Councillors Longbottom and Mcilroy that the parts of the Recommendation for the Local Environmental Plan 12 Month Review,  be dealt with ad seriatim.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

 

Environmental Services Division Report No. 39

SUBJECT: Local Environmental Plan 12 Month Review

351

RESOLVED on the motion of Councillors Palmer and Mcilroy that Council adopt the following amendment to LEP 2009, as referred to in Schedule A, attached to the report at AT-1, for submission to the Department of Planning:-

Item A1.1 – 448-452 Pacific Highway scale – That height be increased to 36 metres and FSR to 6:1.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

352

RESOLVED on the motion of Councillors Palmer and Forrest that Council adopt the following amendment to LEP 2009, as referred to in Schedule A, attached to the report at AT-1, for submission to the Department of Planning:-

Item A2.1 Lane Cove West Industrial Area FSR – That the FSR for Lane Cove West Industrial Area be increased to FSR 1.5:1.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

353

RESOLVED on the motion of Councillors Mcilroy and Forrest that Council adopt the following amendment to LEP 2009, as referred to in Schedule A, attached to the report at AT-1, for submission to the Department of Planning:-

Item A2.2 St Leonards Specialised Centre – General – That the St Leonards commercial area’s FSR be resubmitted to the Department of Planning amended in accordance with Council’s Resolution of 18 May 2009, other than for the Christie/Nicholson area in A2.3.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

354

RESOLVED on the motion of Councillors Mcilroy and Gaffney that Council adopt the following amendment to LEP 2009, as referred to in Schedule A, attached to the report at AT-1, for submission to the Department of Planning:-

Item A2.3 Christie / Nicholson Corner Scale – That FSR be increased to 9:1 and height to 45metres, subject to site amalgamation of 67 Christie Street with adjacent properties (59-65 Christie St & 46-50 Nicholson St) being a pre-requisite.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

355

RESOLVED on the motion of Councillors Palmer and Bennison that Council adopt the following amendment to LEP 2009, as referred to in Schedule A, attached to the report at AT-1, for submission to the Department of Planning:-

Item A2.4 – St Leonards Amenity – That amenity issues be minimised with objectives for residential properties in the surrounding area.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

356

RESOLVED on the motion of Councillors Mcilroy and Gaffney that Council adopt the following amendment to LEP 2009, as referred to in Schedule A, attached to the report at AT-1, for submission to the Department of Planning:-

Item A3.1 – Service Stations – That these zones be added as permissible on regional roads.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

357

RESOLVED on the motion of Councillors Forrest and Mcilroy that Council adopt the following amendment to LEP 2009, as referred to in Schedule A, attached to the report at AT-1, for submission to the Department of Planning:-

Item A3.2 – Village Height – That discussions take place with the Department regarding introducing a height-increase mechanism to permit heights to the level of controls in the former Business DCP.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

 


 

358

RESOLVED on the motion of Councillors Mcilroy and Palmer that Council adopt the following amendment to LEP 2009, as referred to in Schedule A, attached to the report at AT-1, for submission to the Department of Planning:-

Item A3.3 – Subdivisions – That subdivisions for (i) road closures and (ii) drainage reserves be Exempt Development.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

359

RESOLVED on the motion of Councillors Palmer and Gaffney that Council adopt the following amendment to LEP 2009, as referred to in Schedule A, attached to the report at AT-1, for submission to the Department of Planning:-

Item A3.4(NR) – Acid Sulfate Soils – That boundaries of Class 5 lands be restricted to those adjacent to acid sulphate sites, rather than all within 500 metres of the River.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

360

RESOLVED on the motion of Councillors Palmer and Mcilroy that Council adopt the following amendment to LEP 2009, as referred to in Schedule A, attached to the report at AT-1, for submission to the Department of Planning:-

Item A3.5(NR) – Dual Occupancies – That a clause be added to clarify that dual occupancies are not to be subdivisible.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

361

RESOLVED on the motion of Councillors Palmer and Mcilroy that Council adopt the following amendment to LEP 2009, as referred to in Schedule A, attached to the report at AT-1, for submission to the Department of Planning:-

Item A3.6(NR) – Solar Panels – That Solar Panels be classified as Exempt Development (other than for heritage properties and properties adjacent / adjoining heritage properties).

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

362

RESOLVED on the motion of Councillors Smith and Palmer that item A3.7(NR) – Supermarket Size, as referred to in Schedule A attached to the report at AT-1, be deferred to the Council Meeting of 1 November 2010.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

 


 

363

RESOLVED on the motion of Councillors Forrest and Palmer that Council adopt the following amendment to LEP 2009, as referred to in Schedule A, attached to the report at AT-1, for submission to the Department of Planning:-

Item A5.1 – Heritage – Agreed Amendments – That the Heritage Schedule text and maps items be updated as recommended by Councils consultant as per the resolution of 7 December 2009.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

 

MOTION

A Motion was moved by Councillors Palmer and Mcilroy that Council adopt the following amendment to LEP 2009, as referred to in Schedule A, attached to the report at AT-1, for submission to the Department of Planning:-

A5.2 – Bandstand – That the Bandstand be added to the Heritage Register, as resolved on 7 December 2009 noting the pre-requisite history report has been received.          

364

The Motion was put to the vote and the voting was equal.

For the Motion were Councillors Forrest, Gaffney, Mcilroy and Palmer (Total 4).

Against the Motion were Councillors Bennison, Brooks-Horn, Longbottom and Smith (Total 4).

The Mayor used her casting vote and declared the Motion carried.

365

RESOLVED on the motion of Councillors Smith and Mcilroy that Council adopt the following amendment to LEP 2009, as referred to in Schedule A, attached to the report at AT-1, for submission to the Department of Planning:-

Item A5.3 – Northwood Walls – That the Northwood Walls be added to the Heritage Register , as resolved on 7 December 2009 to be deferred to this 12 month review.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

Procedural Motion

366

RESOLVED on the motion of Councillors Gaffney and Palmer that the Services and Resources Committee items be brought forward into Council and be dealt with as the last item.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

367

RESOLVED on the motion of Councillors Forrest and Mcilroy that Council adopt the following amendment to LEP 2009, as referred to in Schedule A, attached to the report at AT-1, for submission to the Department of Planning:-

Item A5.4 – James St Streetscape Features – That the James St Streetscape Features be added to the Heritage Register, based on the consultant’s recommendation of October 2010.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

368

RESOLVED on the motion of Councillors Mcilroy and Palmer that Council adopt the following amendment to LEP 2009, as referred to in Schedule A, attached to the report at AT-1, for submission to the Department of Planning:-

Item A6.1 – Classification of Public Lands – Miscellaneous – That the list of drainage reserves and an under-utilised item provided as AT-4 to the report be amended from community to operational land.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

Councillors Longbottom and Brook-Horn exited the Council Chambers at 8:33pm.

369

RESOLVED on the motion of Councillors Mcilroy and Smith that Council adopt the following amendment to LEP 2009, as referred to in Schedule A, attached to the report at AT-1, for submission to the Department of Planning:-

Item A7.3 – 1-5 Birdwood Ave – That:-

1.            The FSR of the site be increased to FSR 3:1 as resolved in 1994; and

2.            The land use, shoptop housing, be permissible if a residential component of minimum FSR 0.5:1 is included as in LEP 1987.

 

For the Motion were Councillors Bennison, Forrest, Gaffney, Mcilroy, Palmer and Smith (Total 6).

Against the Motion was Nil (Total 0).

Councillors Longbottom and Brook-Horn returned to the Council Chambers at 8:34pm.

370

RESOLVED on the motion of Councillors Palmer and Mcilroy that Council adopt the following amendment to LEP 2009, as referred to in Schedule A, attached to the report at AT-1, for submission to the Department of Planning:-

Item A7.1(NR) – 5 Allison Avenue – That 5 Allison Ave be rezoned from High Density Residential R4 to Low Density Residential R2.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

371

RESOLVED on the motion of Councillors Palmer and Mcilroy that Council adopt the following amendment to LEP 2009, as referred to in Schedule A, attached to the report at AT-1, for submission to the Department of Planning:-

Item A7.2(NR) – 8 Bay St – That 8 Bay St be deleted from the Heritage Register.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

 


 

372

RESOLVED on the motion of Councillors Mcilroy and Palmer that Council adopt the following amendment to LEP 2009, as referred to in Schedule A, attached to the report at AT-1, for submission to the Department of Planning:-

Item A7.4(NR) – 359 – 361 Burns Bay Rd – That the error along the R2/E2 boundary be corrected to match the certificate of title.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

 

Councillor Smith declared a non pecuniary conflict of interest in items A7.5(NR) and A7.6(NR) as her mother is a resident of the Caroline Chisholm Retirement Village.  She indicated she would participate in the discussion and vote on the items.

 

373

RESOLVED on the motion of Councillors Palmer and Mcilroy that Council adopt the following amendment to LEP 2009, as referred to in Schedule A, attached to the report at AT-1, for submission to the Department of Planning:-

Item A7.5(NR) – Caroline Chisholm Site – That the height map be adjusted to match the property boundary.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

374

RESOLVED on the motion of Councillors Palmer and Forrest that Council adopt the following amendment to LEP 2009, as referred to in Schedule A, attached to the report at AT-1, for submission to the Department of Planning:-

Item A7.6(NR) – Heritage – Caroline Chisholm Site – That mapping of the wall be completed.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

375

RESOLVED on the motion of Councillors Forrest and Gaffney that Council adopt the following amendment to LEP 2009, as referred to in Schedule A, attached to the report at AT-1, for submission to the Department of Planning:-

Item A7.7(NR) – Heritage – Kellys Esplanade – That the Kellys Esplanade boundaries be corrected and owners consulted at exhibition.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

376

RESOLVED on the motion of Councillors Mcilroy and Gaffney that Council adopt the following amendment to LEP 2009, as referred to in Schedule A, attached to the report at AT-1, for submission to the Department of Planning:-

Item A7.8 (NR) – Heritage – 16 Kingslangley Rd – That 16 Kingslangley Rd be deleted from the Heritage Register.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

377

RESOLVED on the motion of Councillors Forrest and Mcilroy that Council adopt the following amendment to LEP 2009, as referred to in Schedule A, attached to the report at AT-1, for submission to the Department of Planning:-

Item A7.9 – Heritage – Landscaping Heritage Items – That the relevant LEP 1987 items, including Newlands Park’s sandstone entry gates and remnant indigenous tress, be reinstated in the Heritage Register.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

378

RESOLVED on the motion of Councillors Forrest and Mcilroy that Council adopt the following amendment to LEP 2009, as referred to in Schedule A, attached to the report at AT-1, for submission to the Department of Planning:-

Item A7.10 (NR) – Heritage – 87-93 Longueville Rd – That 87-93 Longueville Rd be reinstated in the Heritage Register.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

379

RESOLVED on the motion of Councillors Mcilroy and Palmer that Council adopt the following amendment to LEP 2009, as referred to in Schedule A, attached to the report at AT-1, for submission to the Department of Planning:-

Item A7.11(NR) - Lot Sizes Minimum – Attached Dwellings – That these be mapped as required by the Department.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

380

RESOLVED on the motion of Councillors Gaffney and Palmer that Council adopt the following amendment to LEP 2009, as referred to in Schedule A, attached to the report at AT-1, for submission to the Department of Planning:-

Item A7.12 (NR) – 18-24 Merinda St – That the zoning of 18-24 Merinda St be corrected to Environmental Conservation E2.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

381

RESOLVED on the motion of Councillors Palmer and Mcilroy that Council adopt the following amendment to LEP 2009, as referred to in Schedule A, attached to the report at AT-1, for submission to the Department of Planning:-

Item A7.13(NR) – 34 Ronald Ave – That the reservation for the acquisition of bushland be deleted.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

 


 

382

RESOLVED on the motion of Councillors Palmer and Gaffney that Council adopt the following amendment to LEP 2009, as referred to in Schedule A, attached to the report at AT-1, for submission to the Department of Planning:-

Item A7.14 – Pacific Highway / Mafeking Block Scale – That this item be resubmitted as in Council’s DLEP 2008 proposal for FSR 2:1 and Height 25 metres (8 storeys).

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

383

RESOLVED on the motion of Councillors Mcilroy and Gaffney that Council adopt the following amendment to LEP 2009, as referred to in Schedule A, attached to the report at AT-1, for submission to the Department of Planning:-

Item A7.15 – 11 – 47 Longueville Rd (near bus interchange) & RTA Site Scale- That this item be resubmitted as in Council’s DLEP 2008 proposal for FSR 2:1 and Height 18m on 11-47 Longueville Rd, with 25 metres (8 Storeys) on the RTA site (2-4 Burley St)

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

384

RESOLVED on the motion of Councillors Mcilroy and Palmer that Council adopt the following amendment to LEP 2009, as referred to in Schedule A, attached to the report at AT-1, for submission to the Department of Planning:-

Item A7.16 (NR) – Environmental Protection Over the Industrial Zone – That the Environmental Protection zone overlay in the north-eastern area of Light Industrial IN2 zone be restored.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

 

MOTION

A Motion was moved by Councillors Palmer and Forrest that Council adopt the following amendment to LEP 2009, as referred to in Schedule B, attached to the report at AT-1, for submission to the Department of Planning:-

Item B2.1.1 – 150 Epping Rd – That the light Industrial IN2 zoning of 150 Epping Rd zoning under LEP 2009 remain unchanged.

385

The Motion was put to the vote and the voting was equal.

For the Motion were Councillors Forrest, Gaffney, Mcilroy and Palmer (Total 4).

Against the Motion were Councillors Bennison, Brooks-Horn, Longbottom and Smith (Total 4).

The Mayor used her casting vote and declared the motion carried.

 


 

386

RESOLVED on the motion of Councillors Smith and Longbottom that Council adopt the following amendment to LEP 2009, as referred to in Schedule B, attached to the report at AT-1, for submission to the Department of Planning:-

Item B2.2.1 – Mowbray / Stringybark Precinct  – That the area be rezoned to predominantly low-density housing including the Mindarie West Dept. of Housing area, in accordance with DLEP 2008, with the variation that Environmental Living E4 replace Low Density Residential R2.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

387

RESOLVED on the motion of Councillors Palmer and Smith that Items B2.2.2, B2.2.3 and B2.2.4 – Mowbray / Stringybark Precinct of Schedule B, attached to the report at AT-1, be deferred pending discussion with the Department of Planning.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

388

RESOLVED on the motion of Councillors Mcilroy and Palmer that no amendment be made to LEP 2009 in regards to Item B4.1 – Cox’s Lane of Schedule B attached to the report at AT-1.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

389

RESOLVED on the motion of Councillors Gaffney and Smith that the following items of Schedule C, attached to the report at AT-1, be deferred for further consideration:-

·         C1.2 – 15 - 17 Birdwood Ave

·         C1.3 – Birdwood Ave South Side 

·         C1.4 – 1A Burley St

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

390

RESOLVED on the motion of Councillors Smith and Mcilroy that no amendment be made to LEP 2009 in regards to  Item C1.1of Schedule C – 15 Austin St, attached to the report at AT-1.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

391

RESOLVED on the motion of Councillors Gaffney and Mcilroy that no amendment be made to LEP 2009 in regards to  Item C1.5 of Schedule C – 160 Burns Bay Rd, attached to the report at AT-1.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

 

392

RESOLVED on the motion of Councillors Smith and Mcilroy that item C1.6 of Schedule C – 25-29 Longueville Rd, attached to the report at AT-1, be deferred for further consideration.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

393

RESOLVED on the motion of Councillors Smith and Palmer that no amendment be made to LEP 2009 in regards to  Item C1.7 of Schedule C – 694-698 Mowbray Rd, attached to the report at AT-1.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

394

RESOLVED on the motion of Councillors Mcilroy and Palmer that no amendment be made to LEP 2009 in regards to C1.8 of Schedule C – 194-206 Pacific Highway, attached to the report at AT-1.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

This item was recommitted.

Procedural Motion

395

RESOLVED on the motion of Councillors Smith and Brooks-Horn that the previous item in relation to item C1.8- 194 -206 Pacific Highway of Schedule C attached to the report at

AT-1 be recommitted.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

396

RESOLVED on the motion of Councillors Smith and Brooks-Horn that item C1.8 of Schedule C, 194 -206 Pacific Highway, attached to the report at AT-1, be deferred for further consideration.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, and Smith (Total 6).

Against the Motion were Councillors Palmer and Mcilroy (Total 2).

397

RESOLVED on the motion of Councillors Mcilroy and Forrest that no amendment be made to LEP 2009 in regards to  Item C1.9(NR) 81 William Edward St of Schedule C, attached to the report at AT-1.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

 


 

398

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

1.            Submit the LEP with adopted amendments in the form of a planning proposal to the Department of Planning LEP Gateway and request approval to proceed to exhibition, with the exception of the items that were deferred being items A3.7(NR), B2.2.2 - B2.2.4, C1.2-C1.4, C1.6, and C1.8.

2.            Undertake a public exhibition of the adopted LEP amendments for a period of 6 weeks and public hearing for the reclassification of land, subject to the Department’s approval in Recommendation 1, in accordance with the Environmental Planning and Assessment Act, Local Government Act, and Consultation Strategy outlined in the report; and

3.            Receive a further report outlining the results of the community Consultation.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

 

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 5 OCTOBER 2010

399

RESOLVED on the  of Councillors Smith and Mcilroy that that the minutes of the Ordinary Council meeting held on the 5 October 2010 be received.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

400

RESOLVED on the motion of Councillors Smith and Mcilroy that that the minutes of the Ordinary Council meeting held on the 5 October 2010 be confirmed.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

 

 

Orders Of The Day

 

Order Of The Day No. 19

SUBJECT: Citizenship Ceremony - 10 November 2010

401

RESOLVED on the motion of Councillors Forrest and Gaffney that Councillor Forrest attend the Citizenship Ceremony of 10 November 2010 to speak to new citizens about Local Government.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

 

 

Order Of The Day No. 21

SUBJECT: Council and Committee Meeting Schedule - November 2010

402

RESOLVED on the motion of Councillors Mcilroy and Brooks-Horn that the Council and Committee Meeting Schedule for November 2010 be adopted.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

 

 

Open Space and Urban Services Division Reports

 

Open Space and Urban Services Division Report No. 43

SUBJECT: 40 km per hour Speed Limit - Lane Cove Town Centre

403

RESOLVED on the motion of Councillors Smith and Brooks-Horn that the report be received and noted.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

 

 

Open Space and Urban Services Division Report No. 44

SUBJECT: Lane Cove Car Share Scheme

 

MOTION

A motion was moved by Councillors Mcilroy and Forrest that Council consider becoming a member of the ‘Go Get’ Car Share Scheme to provide access to additional vehicles to the existing car fleet.

 

Foreshadowed Motion

A Foreshadowed Motion was moved by Councillors Bennison and Brooks-Horn that Council not become a member of the ‘Go Get’ Car Share Scheme.

 

Upon being put to the meeting the Motion was declared lost.

For the Motion were Councillors Forrest, Mcilroy and Palmer (Total 3).

Against the Motion were Councillors Bennison, Brooks-Horn, Gaffney, Longbottom, and Smith (Total 5).

The Foreshadowed Motion became the Motion.

404

Upon being put to the meeting the Motion was declared carried.

For the Motion were Councillors Bennison, Brooks-Horn, Gaffney, Longbottom and Smith (Total 5).

Against the Motion were Councillors Forrest, Mcilroy and Palmer (Total 3).

 


 

Matter Arising

405

RESOLVED on the motion of Councillors Bennison and Brooks-Horn that a report come back to Council regarding the following:-

1.            The market rent for the car space currently allocated to the ‘Go Get’ Scheme; and

2.            Should Council choose not to charge ‘Go Get’ market rent for the car space, then any subsidy be funded by the sustainability levy via a transfer from the sustainability levy reserve to the general reserve.

 

For the Motion were Councillors Bennison, Brooks-Horn, Gaffney, Longbottom, Palmer and Smith (Total 6).

Against the Motion were Councillors Forrest and Mcilroy (Total 2).

 

 

Open Space and Urban Services Division Report No. 45

SUBJECT: Redevelopment of Burns Bay Boat Ramp and Upgrade of Carpark

406

RESOLVED on the motion of Councillors Mcilroy and Forrest that the report be received and noted.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

 

 

Open Space and Urban Services Division Report No. 46

SUBJECT: Plant Your Family Tree Pilot Project

407

RESOLVED on the motion of Councillors Mcilroy and Smith that the report be received and noted.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

 

 

Environmental Services Division Reports

 

Environmental Services Division Report No. 41

SUBJECT: Sustainability Lane 2010

408

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

1.   Receive and note the report;

2.   Recognise the efforts of the Lane Cove Sustainability Action Group in engaging with the business community to bring the Plastic Bag Free day to fruition; and

3.   Recognise the support of local retailers (including Coles and Woolworths) for this initiative.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

 

 

Environmental Services Division Report No. 42

SUBJECT: Delegated Authority Report - September 2010

409

RESOLVED on the motion of Councillors Smith and Mcilroy that the report be received and noted.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

  

 

Matter Arising

410

RESOLVED on the motion of Councillors Palmer and Gaffney that future Delegated Authority reports contain information regarding the status of development applications submitted to the JRPP and under Part 3A.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

 

 

SERVICES AND RESOURCES COMMITTEE

 

Corporate Services Division Reports

 

Corporate Services Division Report No. 58

SUBJECT: Statement of Investments as at 30 September 2010

411

RESOLVED on the motion of Councillors Smith and Mcilroy that  the report “Statement of Investments as at 30th September 2010” be received and noted.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith  (Total 8).

Against the Motion was Nil (Total 0).

 

 

Corporate Services Division Report No. 59

SUBJECT: Legal Expenses for September  2010

412

RESOLVED on the motion of Councillors Smith and Brooks-Horn that the Legal Expenses for September 2010 be received and noted and that future reports list all ongoing legal matters.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith  (Total 8).

Against the Motion was Nil (Total 0).

 


 

Open Space and Urban Services Division Reports

 

Open Space and Urban Services Division Report No. 42

SUBJECT: The Lane Cove Traffic Committee held September 2010. 

413

RESOLVED on the motion of Councillors Smith and Mcilroy that Council receive and note the recommendations of the Lane Cove Traffic Committee Meeting held during September 2010.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith  (Total 8).

Against the Motion was Nil (Total 0).

  

CLOSE

 

The meeting closed at 9:55pm.

 

Confirmed at the Ordinary Council Meeting of 1st November 2010, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

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