Ordinary Council Meeting
16 September 2013, 6:40pm
All minutes are subject to confirmation at a subsequent
meeting and may be amended by resolution at that meeting.
Ordinary Council Meeting
16 September 2013, 6:40pm
All minutes are subject to confirmation at a subsequent
meeting and may be amended by resolution at that meeting.
PRESENT: Councillor S. Bennison (Chair), Councillor K. Brent, Councillor D. Brooks-Horn, Councillor S. Cheong, Councillor M. Gold, Councillor D. Hutchens, Councillor D. Karpin, Councillor P. Palmer, and Councillor D. Strassberg.
ALSO PRESENT: General Manager, Executive Manager – Corporate Services, Executive Manager – Environmental Services, Executive Manager – Open Space & Urban Services, Executive Manager – Human Services, Director – Major Projects, Manager – Strategic Planning and Governance Officer.
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:
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Performance Review of the General Manager |
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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 the report contains detailed information about the performance of a staff member. |
No members of the public made representations.
Closed Committee commenced at 6:40pm. The staff, public and media left the chamber.
Open Council resumed at 7:08pm. The staff, public and media were invited into the chamber.
ACKNOWLEDGEMENT OF COUNTRY
The Mayor gave an acknowledgement of Country.
DECLARATIONS OF INTEREST: Nil
OPENING OF MEETING WITH PRAYER
The meeting was opened with a prayer by the General Manager.
WEBCASTING OF COUNCIL MEETING
The Mayor advised those present that the Meeting was being webcast.
Brian Larking, President of the Northwood Action Group, opposing the Northwood Centre Planning Proposal, highlighting concerns raised at the recent Northwood Action Group public meeting including height, size, scale, traffic etc and requesting Council not proceed with the zoning amendments to the LEP and the Planning Proposal.
Roger Selby of Longueville, expressing concerns regarding the Traffix letter, ‘Assessment of the Traffic Impacts on Residential Amenity’, provided as part of the Northwood Centre Planning Proposal community consultation.
Michael Guthrie of Northwood, objecting to the Northwood Centre Planning Proposal expressing concerns including bulk and scale, traffic, inconsistency with the character of the area and lack of community benefits and requesting Council not amend the 2009 LEP.
Shane Geha, Executive Director of EG Property Group, supporting the Northwood Centre Planning Proposal citing the benefits envisaged including increased parking, contributing to new architecture and provision of new housing options and shopping facilities, opening up of the public bushland and minimal impact on traffic in the area.
Bill McLaughlin of Northwood, opposed to the Northwood Centre Planning Proposal, recommending sensible and sensitive development which is consistent with the current controls for the area, and requesting Council reject the proposal and urge the NSW Government to do the same.
Doug Stuart of Longueville, opposing the Northwood Centre Planning Proposal and urging Council to consider community submissions in making a decision on the proposal and in considering what is appropriate development for the site.
Alan Skinner of Longueville, expressing concerns regarding the potential effects the Northwood Centre Planning Proposal may have on the area and the community into the future.
Jan McCredie of Northwood, in support of the Northwood Centre Planning Proposal, addressing zoning and design principles for the site and the foreseeable benefits of developing this site to accommodate shopping facilities and new housing options for those in the community.
Don Murchison of Greenwich and Chair of the Lane Cove Bicycle Advisory Committee (BAC) in support of the further development of bicycle infrastructure as recommended in the Lane Cove Bicycle Plan Review.
Angelo Candalepas, architect for the Northwood Centre Planning Proposal, supporting the proposal and stipulating that the design seeks an appropriate use of the space that is consistent with the urban and natural landscape and provides quality amenities for the area.
Tom Lawson of Greenwich requesting a status update on the progress of the Planning White Paper and the submissions made by Council to the State Government on the matter, expressing concerns with the current draft of the Planning Bill, and requesting Council support the motion that calls for amending the Bill based on the major points of concern raised in public submissions.
Guy Hallowes of Lane Cove North, objecting to the planning reforms set out in the Planning Bill.
Judy Selby of Longueville, objecting to the size and scale of the Northwood Centre Planning Proposal and requesting the current zoning be maintained.
Susan Loane of Lane Cove supporting the Lane Cove Bicycle Plan Review and the proposed increase in dedicated cycling infrastructure and tabling some images supporting the feasibility of low impact cycling paths through bushland.
John May of Greenwich supporting the amendment of the draft Planning Bill to make it more acceptable to the community.
Kylie Bryden-Smith, on behalf of the Better Planning Network, supporting the motion to write to the Premier sighting the major points of concerns raised in submissions on the draft Planning Bill.
Ron Gornall of Lane Cove, expressing concerns with the current draft Planning Bill and urging Council to write to the State Government requesting amendments on behalf of the community.
Graham Pindar, Director of Traffix, regarding traffic implications of the Northwood Centre Planning Proposal stipulating the proposed development would be a low traffic generating development.
Councillor Palmer left the meeting, at 8:12pm.
Councillor Hutchens left the meeting at 8:13pm
Councillor Palmer returned to the meeting at 8:13pm
Councillor Brooks-Horn left the meeting at 8:14pm
Reg Mui, on behalf of the Lane Cove West Residents Association, opposed to the current draft of the Planning Bill and supporting Council writing to the Premier to express these community concerns.
Councillor Hutchens returned to the meeting at 8:15pm.
Councillor Brooks-Horn returned to the meeting at 8:16pm.
John Travers, from Travers Bushfire and Ecology, regarding the Northwood Centre Planning Proposal specifically the proposed asset protection zones, bush fire safety concerns, weed removal to accommodate greater use of the bushland for recreation.
Nila Oreb of Northwood, in support of the Northwood Centre Planning Proposal.
Jennifer Schneller of Northwood, expressing concerns regarding the Northwood Centre Planning Proposal.
Jayne Whitford of Northwood, expressing concerns regarding the current draft of the Planning Bill and urging Council to write to the Premier requesting the Bill be amended.
Ian Longbottom of Lane Cove West supporting the Northwood Centre Planning Proposal and the revitalisation of the area.
Ian Smith of Northwood, opposed to the Northwood Centre Planning Proposal suggesting a more reasonable and appropriate development opportunity should be pursued when it becomes available in the future.
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Northwood Centre Planning Proposal - Request for determination |
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RESOLVED on the motion of Councillors Cheong and Hutchens that Council:-
a. The scale is excessive in terms of the proposed height of 18 metres and FSR of 2.25:1. Such scale is an undesirable precedent, which is of a scale greater than the Lane Cove Village, Council’s main retail precinct and is not consistent with a Neighbourhood Centre zoning. b. The scale of development would result in an unacceptable increase and change in traffic conditions, including the inclusion of a Roundabout on River Road rather than traffic signals, and more generally to the surrounding and adjoining residential precinct. c. The scale is not justifiable on economic grounds based on Council’s independent economic advice. d. The lack of any substantial public benefit if Council were to consider a partial placement of the bush fire prone lands Asset Protection Zone (APZ) on public land. e. Council has already met its residential and jobs targets under the Metropolitan Strategy, within the existing LEP 2009. f. There are no public benefits from the proposal to justify the scale of the development. 3. Review the land use controls and options for this precinct as part of the next review of the LEP 2009. |
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For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9). Against the Motion was Nil (Total 0). |
Councillor Brent left the meeting at 8:40pm.
Councillor Brent returned to the meeting at 8:41pm.
Councillor Cheong left the meeting at 8:47pm
Councillor Cheong returned to the meeting at 8:49pm.
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A Motion was moved by Councillors Palmer and Strassberg that:- 1. Council write to the Premier for New South Wales, The Hon. Barry O'Farrell MP, requesting his commitment to amendments to the Planning Bill 2013 Exposure Draft, citing the major points of concern raised in Council’s and Local Government NSW’s previous submissions on the Planning Legislation. 2. Council write to Local Government NSW supporting the actions they have taken to date and requesting that the Chief Executive of LGNSW continue to make representations to the Premier and the Minister recommending that the Planning Bill not be passed by Parliament until extensive rewriting and consultation with councils, community groups, the ICAC and the Law Society has occurred. 3. A copy of the letters be forwarded to the Member for Lane Cove and to NSROC member councils for their information. |
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Upon being put to the meeting the motion was lost. |
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For the Motion were Councillors Palmer, Brent and Strassberg (Total 3). Against the Motion were Councillors Brooks-Horn, Cheong, Gold, Hutchens, Karpin and Bennison (Total 6). |
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A Motion was moved by Councillors Brooks-Horn and Bennison that Council:- 1. Place the Draft Lane Cove Bicycle Plan 2013 including all the recommended routes be put on public exhibition for 6 weeks in accordance with the consultation strategy outlined in this report; 2. Receive a further report following the exhibition period to consider the results of the community consultation. |
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FORESHADOWED MOTION A Foreshadowed Motion was moved by Councillors Palmer and Brent that:- 1. Routes 5, 9, 11, 12 and 13 be included in the Draft Lane Cove Bicycle Plan 2013 be exhibited; 2. Council place the Draft Lane Cove Bicycle Plan 2013 on public exhibition for 6 weeks in accordance with the consultation strategy outlined in this report; and 3. A further report be submitted following the exhibition period to consider the results of the community consultation. |
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Upon being put to the meeting the Motion was declared carried. |
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For the Motion were Councillors Brooks-Horn, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 7). Against the Motion were Councillors Palmer and Brent (Total 2). |
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The Foreshadowed Motion lapsed. |
The General Manger read the recommendations of the Item/s considered in Closed Committee prior to Council’s consideration:
Officer Reports for Determination
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RESOLVED on the motion of Councillors Bennison and Strassberg that:- 1. Council adopt the amended Development Control Plan for the Marshall Precinct, as shown attached as AT-3, appropriately edited following the Council meeting; 2. The Development Control Plan come into force by newspaper advertisement as soon as practical after the Planning Proposal for the Marshall Avenue Block is notified (gazetted) by the Department of Planning and Infrastructure; and 3. The people who made submission on the draft DCP be thanked for their input and advised of Council’s decision. |
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For the Motion were Councillors Brooks-Horn, Palmer, Brent, Gold, Cheong, Karpin, Strassberg and Bennison (Total 8). Against the Motion was Nil (Total 0). Absent was Councillor Hutchens(Total 1). |
Councillor Hutchens returned to the meeting at 9:59pm.
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RESOLVED on the motion of Councillors Bennison and Gold that Council finalise the Works Schedule for the Section 94 Contributions Plan shown attached as AT-1. |
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For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9). Against the Motion was Nil (Total 0). |
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Draft DCP Amendment - Car Parking for Restaurants Finalisation |
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RESOLVED on the motion of Councillors Bennison and Strassberg that Council:- 1. Adopt Development Control Plan Draft Amendment – Car Parking for Restaurants, as exhibited, attached as AT-1, to align car parking requirements for cafes/restaurants with parking rates for retail/commercial uses, being 1 space per 40m2 gross floor area. 2. Advertise the adoption of DCP Amendment – Car Parking for Restaurants in a local newspaper. |
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For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9). Against the Motion was Nil (Total 0). |
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Review of Community Representatives on Council's Advisory Committees |
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RESOLVED on the motion of Councillors Brooks-Horn and Gold that Council:- 1. Remove community representatives of an Advisory Committee where they have missed three (3) consecutive meetings or missed 50% of the total number of meetings during a Council year (i.e. September to August), without giving acceptable reasons. 2. The attendance condition outlined above be included in the Advisory Committee Nomination Form and the Advisory Committee Charters. 3. Subject to the completion of the relevant nomination forms, the following appointments be made to the:- · Cameraygal Committee - Michelle Dickson with Natalie Ahmat as her alternate; and · Bushland Management Advisory Committee (BMAC) – Constance Chatfield. |
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For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9). Against the Motion was Nil (Total 0). |
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Lane Cove Traffic Committee Meeting held on Tuesday 20 August 2013 |
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RESOLVED on the motion of Councillors Brent and Bennison that Council adopt the recommendations of the Lane Cove Traffic Committee Meeting held on Tuesday, 20 August 2013. |
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For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9). Against the Motion was Nil (Total 0). |
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Matter Arising |
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RESOLVED on the motion of Councillors Karpin and Brooks-Horn that Council undertake a traffic study as a matter of urgency of the Innes Rd, Nield Ave, Wisdom Rd, Kingslangely Rd and Greenwich Rd Precinct to address the current traffic issues caused by adjacent development in the Willoughby Council area. |
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For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9). Against the Motion was Nil (Total 0). |
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Matter Arising |
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RESOLVED on the motion of Councillors Bennison and Hutchens that a report be submitted to Council giving consideration to options for weekend on street parking on Burns Bay Rd in the Lane Cove Village including the possibility of extending weekday parking restrictions to apply on weekends or dedicated seniors parking. |
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For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9). Against the Motion was Nil (Total 0). |
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RESOLVED on the motion of Councillors Palmer and Brent that:- 1. Pursuant to Section 632A and Section 644 of the Local Government Act, 1993 Council endorse and advertise the proposal to declare the areas shown on the map attached as AT-2 and Alcohol Free Zones and Alcohol Prohibited Areas for the 4, 5 and 6 October 2013; 2. Pursuant to Section 632A and Section 644 of the Local Government Act, 1993 Council endorse and advertise the proposal to declare the areas shown on the map attached as AT-2 Alcohol Free Zones and Alcohol Prohibited Areas for future Special Events; and 3. Council delegate to the General Manager and the Mayor the power to activate existing Alcohol Free Zones and Alcohol Prohibited Areas for future Special Events where requested by the Local Area Command. |
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For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9). Against the Motion was Nil (Total 0). |
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Annual Financial Statements for 2012/2013 - Referral for Audit |
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RESOLVED on the motion of Councillors Bennison and Karpin 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 STATEMENTS FOR THE YEAR ENDED 30 JUNE 2013 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 Statements for the year ended 30 June 2013, 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 STATEMENTS FOR THE YEAR ENDED 30 JUNE 2013 Statement by Councillors and Management made pursuant to the Local Government Code of Accounting Practice and Financial Reporting. The attached Special Purpose Annual Financial Statements for the year ended 30 June 2013, have been drawn up in accordance with:- · NSW Government Policy Statement "Application of National Competition Policy to Local Government"; · Division of Local Government guidelines "Pricing & Costing for Council Businesses: Guide to Competitive Neutrality"; and · The Local Government Code of Accounting Practice and Financial Reporting. To the best of our knowledge and belief, these Reports:- · present 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 Statements for the year ended 30 June 2013 be referred for audit by Council’s external Auditors. 4. Council staff be congratulated on the very positive operating result achieved through sound financial management. |
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For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9). Against the Motion was Nil (Total 0). |
Officer Reports for Information
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RESOLVED on the motion of Councillors Karpin and Gold that Council receive and note the report. |
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For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9). Against the Motion was Nil (Total 0). |
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RESOLVED on the motion of Councillors Gold and Strassberg that Council receive and note the report and relevant staff be congratulated on the positive financial outcome. |
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For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9). Against the Motion was Nil (Total 0). |
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RESOLVED on the motion of Councillors Brent and Gold that Council receive and note the report. |
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For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9). Against the Motion was Nil (Total 0). |
CLOSE
The meeting closed at 10:32pm.
Confirmed at the Ordinary Council Meeting of 21 October 2013, at which meeting the signature herein is subscribed.
MAYOR