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Minutes

Ordinary Council Meeting

27 October 2014, 7:00pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 27 October 2014

Minutes

 

PRESENT: Councillor D. Brooks-Horn (Chair), Councillor K. Brent, Councillor S. Bennison, 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, Director – Special Projects, Manager – Strategic Planning, Strategic Planner and Manager – Governance.

 

DECLARATIONS OF INTEREST: Nil

OPENING OF MEETING WITH PRAYER

The meeting was opened with a prayer by the General Manager.

 

ACKNOWLEDGEMENT OF COUNTRY

The Mayor gave an acknowledgement of Country.

 

WEBCASTING OF COUNCIL MEETING

The Mayor advised those present that the Meeting was being webcast.

 

SUSPENSION OF STANDING ORDERS

248

RESOLVED on the motion of Councillors Gold and Hutchens 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 (3) minutes.

 

For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 9).

Against the Motion was Nil (Total 0).

 

PUBLIC FORUM

Charles Pillay of St Leonards objecting to the development proposal for 472-520 Pacific Highway St Leonards urging council to consider an alternative planning and design approach.

Peter Fowler of St Leonards objecting to the development proposal for 472-520 Pacific Highway St Leonards citing concerns including overshadowing, the consultation process undertaken, and supporting documentation released to the community.

Garry Johnston of St Leonards objecting to the development proposal for 472-520 Pacific Highway St Leonards citing concerns including traffic congestion at Nicholson and Oxley Street, St Leonards and with the Traffic Report.

Marianne Newman of St Leonards objecting to the development proposal for 472-520 Pacific Highway St Leonards citing concerns including loss of solar access and overshadowing.

Diane Woods of St Leonards objecting to the development proposal for 472-520 Pacific Highway St Leonards expressing concerns regarding the proposed public benefits associated with the VPA.

Ron Newman of St Leonards objecting to the development proposal for 472-520 Pacific Highway St Leonards citing concerns including loss of amenity and impact on property values for neighbouring residents. 

Paul van den Heuvel of St Leonards objecting to the development proposal for 472-520 Pacific Highway St Leonards citing concerns including loss of privacy and views and impact on property value.

 

 

Ian Jagger on behalf of an owner of the Abode St Leonards objecting to the development proposal for 472-520 Pacific Highway St Leonards citing concerns loss of amenity specifically views.

 

David Wylie of St Leonards objecting to the development proposal for 472-520 Pacific Highway St Leonards citing concerns including loss of views and impact on property value.

 

Pat Quirke-Parry of St Leonards objecting to the development proposal for 472-520 Pacific Highway St Leonards citing concerns with the post exhibition report, as well as loss of amenity including solar access, privacy and views and impact on property value.

 

Adam Lowick objecting to the new car park proposal for Cox’s Lane expressing concerns including loss of open space.

 

Jackie Barker of Lane Cove expressing concerns regarding the Lane Cove Market Square Car Park citing a recent study of traffic movements in the car park was undertaken during the school holiday period and supporting the allocation of outdoor seating for Chargrill Charlies.

 

Justin Levenstein of Chargrill Charlies Lane Cove requesting Council consider allocating outdoor seating area has not been allocated to Chargrill Charlies in the recent Plaza upgrade.

 

Shaunagh Ashby of Lane Cove objecting to the new car park proposal for Cox’s Lane expressing concerns including increased traffic flow.

 

Jeremy Vine of Newgate Communications identifying the consultation methods undertaken in relation to the Planning Proposals and VPA’s for 472-520 Pacific Highway St Leonards and the high level of support in the results of the consultation.

 

Peter O’Meagher of Leighton Properties supporting the Planning Proposals and VPA’s for 472-520 Pacific Highway St Leonards.

 

Trent James of Charter Hall supporting the Planning Proposals and VPA’s for 472-520 Pacific Highway St Leonards and the proposed bus interchange for St Leonards and highlighting the measures undertaken and considerations of the proposed design.

 

Dion Manca on behalf of two (2) owners of the Abode St Leonards objecting to the development proposal for 472-520 Pacific Highway St Leonards citing concerns including loss of views.

 

Doug Stuart of Longueville commenting on the proposal for revised plans for the Little Lane Redevelopment and expressing concerns in relation to the potential impacts of a reduction of height but increase in the footprint of the development, specifically impact on views.    

 

Don Skirtfield of Lane Cove supporting the proposed lease arrangement with Lane Cove West Tennis Club highlighting the contributions the Club has made to other community associations and expressing concerns with regards to investment on infrastructure to cater to population growth.

 

Neil Cooper President of Lane Cove West Tennis Club supporting the proposed lease arrangement with Lane Cove West Tennis Club.

 

Tanya McGivern of Lane Cove North objecting to the proposed VPA for 552 Mowbray Road and  46-54 Gordon Crescent, Lane Cove North.

 

Anita Jubian of Lane Cove objecting to the development proposal for 472-520 Pacific Highway St Leonards expressing concerns including the height and scale of the development, loss of amenity, increased traffic and pressure on parking infrastructure.

 

Albert Jubian of St Leonards objecting to the development proposal for 472-520 Pacific Highway St Leonards expressing concerns in relation to the process undertaken, cumulative impacts of prospective developments in surrounding Local Government areas.

 

RESUMPTION OF STANDING ORDERS

249

RESOLVED on the motion of Councillors Bennison and Gold that Standing Orders be resumed.

 

For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 9).

Against the Motion was Nil (Total 0).

 

Procedural Motion

250

RESOLVED on the motion of Councillors Brooks-Horn and Gold that Planning Proposal and Draft DCP for 472-520 Pacific Hwy, St Leonards - Post Exhibition” be brought forward and dealt with as the next item.

 

For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 9).

Against the Motion was Nil (Total 0).

 

Officer Reports for Determination

 

Planning Proposal and Draft DCP for 472-520 Pacific Hwy, St Leonards - Post Exhibition

251

RESOLVED on the motion of Councillors Bennison and Hutchens that:-

1.    The LEP planning proposal for 472-520 Pacific Hwy, St Leonards be adopted and submitted to the NSW Department of Planning & Environment for finalisation.

2.    The Draft Development Control Plan be approved for finalisation, subject to amendments listed in AT-9.

3.    The traffic, transport and access study is to be updated in accordance with RMS recommendations of 17 October 2014 for the Department’s consideration prior to gazettal.

4.    Council write to NSW Roads & Maritime Services and to North Sydney and Willoughby Councils seeking their endorsement for a joint traffic modelling study relating to traffic measures and development contributions.

5.    All processes at the DA stage, including Obstacle Limitation Surface investigation and others under Federal legislation and Regulation, are required to be complied with by the proponents.

 

For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Bennison and Brooks-Horn (Total 7).

Against the Motion were Councillors Karpin and Strassberg (Total 2).

 

Procedural Motion

252

RESOLVED on the motion of Councillors Palmer and Brooks-Horn that Results of Community Consultation on the Proposed Voluntary Planning Agreement for 472 - 520 Pacific Highway St Leonards” be brought forward and dealt with as the next item.

 

For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 9).

Against the Motion was Nil (Total 0).

 

Results of Community Consultation on the Proposed Voluntary Planning Agreement for 472 - 520 Pacific Highway St Leonards

253

RESOLVED on the motion of Councillors Bennison and Hutchens that Council:-

1.      Receive and note the report; and

2.      Proceed with the Voluntary Planning Agreements in respect of the Planning Proposal at 472 – 520 Pacific Highway, St Leonards as set out in:-

·    VPA Offer 504 Pacific Highway - The Trust Company Pty Ltd as custodian and agent for Charter Hall Direct Pty Ltd as trustee for the 504 Direct Trust, in combination with 500 Pacific Highway, BMAX Advisory Pty Ltd.

·    VPA Offer 472 - 486 Pacific Highway- Leighton Properties Pty Ltd, Leighton Contractors Pty Ltd and the Owners of SP73071.

But noting that any other public infrastructure funding not listed in the “Agreed Public Purposes” should be located within the St Leonards precinct (being the area bounded by Pacific Highway, Greenwich Road, River Road and Lithgow/Oxley Street).

 

For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Bennison and Brooks-Horn (Total 7).

Against the Motion were Councillors Karpin and Strassberg (Total 2).

 

Suspension of Standing Orders

254

RESOLVED on the motion of Councillors Brooks-Horn and Gold that Standing Orders be suspended to allow the Mayor of North Sydney to address Council.

 

For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 9).

Against the Motion was Nil (Total 0).

 

Resumption of Standing Orders

255

RESOLVED on the motion of Councillors Bennison and Gold that Standing Order be resumed.

 

For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 9).

Against the Motion was Nil (Total 0).

 

Matter of Urgency

RESPONSE TO REQUEST FOR SUPPORT NORTH SYDNEY COUNCIL IN RELATION TO A NOTICE OF INTENTION TO SUSPEND

256

RESOLVED on the motion of Councillors Brooks-Horn and Gold that the item be declared a Matter of Urgency.

 

For the Motion were Councillors Cheong, Gold, Hutchens, Karpin, Bennison and Brooks-Horn (Total 6).

Against the Motion were Councillors Brent, Palmer and Strassberg (Total 3).

The Mayor declared the item to be a Matter of Urgency.

257

RESOLVED on the motion of Councillors Bennison and Gold that Council:-

1.      Support the Mayor of North Sydney’s request to have an administrator appointed to restore stability by writing to the Minister for Local Government; and

2.      Write to North Sydney Council and rebut their accusations that Lane Cove Council is ‘debt burdened’.

 

For the Motion were Councillors Cheong, Gold, Hutchens, Karpin, Bennison and Brooks-Horn (Total 6).

Against the Motion were Councillors Brent, Palmer and Strassberg (Total 3).

 

Procedural Motion

258

RESOLVED on the motion of Councillors Brooks-Horn and Strassberg that “Request For Outdoor Seating by Chargrill Charlies” be brought forward and dealt with as the next item.

 

For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 9).

Against the Motion was Nil (Total 0).


Petitions

 

Request for Outdoor Seating by Chargrill Charlies

259

RESOLVED on the motion of Councillors Brent and Strassberg that:-

1.   Council receive and note the petition; and

2.   The matter be deferred until the next meeting and a report be prepared in relation to possible reserved seating that may be allocated for use by Chargrill Charlies not utilising the public deck.

 

For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 9).

Against the Motion was Nil (Total 0).

 

Procedural Motion

260

RESOLVED on the motion of Councillors Brooks-Horn and Strassberg that Council's Lease with Lane Cove West Tennis Club Inc” be brought forward and dealt with as the next item.

 

For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 9).

Against the Motion was Nil (Total 0).

 

Officer Reports for Determination

 

Council's Lease with Lane Cove West Tennis Club Inc.

261

RESOLVED on the motion of Councillors Gold and Strassberg that Council:-

1.    Receive and note the report;

2.    Enter into a lease arrangement with Lane Cove West Tennis Club Inc for a further five (5) year term; and

3.    Authorise the General Manager to finalise and execute to lease agreement on Council’s behalf.

 

For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 9).

Against the Motion was Nil (Total 0).

 


 

Procedural Motion

262

RESOLVED on the motion of Councillors Brooks-Horn and Bennison that “Revised Plans for Little Lane Redevelopment - Reconfigured Residential Components” be brought forward and dealt with as the next item.

 

For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 9).

Against the Motion was Nil (Total 0).

 

Revised Plans for Little Lane Redevelopment - Reconfigured Residential Components

263

RESOLVED on the motion of Councillor Cheong and Hutchens that Council:-

1.   Advise WN Developments P/L that the Council, as land owner, authorises the lodgment of  an application to reconfigure the residential components of the Little Lane Car Park Redevelopment; and

2.   Advise WN Developments P/L that this authority to lodge an application must not be construed, as prejudging or indicating any pre determination of the application to which the authority relates, by Council or the relevant Joint Regional Planning Panel as a consent authority under the environmental Planning & Assessment Act 1979.

 

For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 9).

Against the Motion was Nil (Total 0).

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 13 OCTOBER 2014

264

RESOLVED on the motion of Councillors Gold and Hutchens that the minutes of the Ordinary Council meeting held on the 13 October 2014 be received.

 

For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 9).

Against the Motion was Nil (Total 0).

265

RESOLVED on the motion of Councillors Gold and Hutchens that the minutes of the Ordinary Council meeting held on the 13 October 2014 be confirmed.

 

For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 9).

Against the Motion was Nil (Total 0).

 

Mayoral Minutes

 

Reform of Disability Parking

266

RESOLVED on the motion of Councillors Brooks-Horn and Karpin that Council write to the Minister, The Hon Duncan Gay, thanking him for his swift response in support of the reform on this very important community issue and indicating Council looks forward to it being included in the Demerit Points list.

 

For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 9).

Against the Motion was Nil (Total 0).



Matter Arising

MEETING BETWEEN MAYOR AND MINISTERS

267

RESOLVED on the motion of Councillors Palmer and Brooks-Horn that Councillor be advised in writing of the outcome whenever the Mayor or their representative meets with a Minister in response to a resolution of Council.

 

For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 9).

Against the Motion was Nil (Total 0).

 

Councillor Hutchens left the meeting at 9:19pm.

Councillor Hutchens returned to the meeting at 9:21pm.

 

Officer Reports for Determination

 

SEPP 65 Review - Design Quality of Residential Flat Buildings 

268

RESOLVED on the motion of Councillors Cheong that Council:-

1.      Receive and note the report;

2.      Make a submission to the Department of  Planning & Environment for their consideration generally in accordance with the report and including:-

a)    Emphasis in the submission the reasons and necessity to provide adequate number of car parking spaces within residential flat developments w/in 400m radius of St Leonards Train Station;

b)    That a proportion of the total number of residential units retain the existing recommended sizes and only a certain smaller percentage to conform to the Affordable Apartment Design Guide Apartment sizes; and

c)    To encourage social interaction, developments of 50 units or larger should provide a minimum of 20sqm of well designed communal space within the development in an appropriate location; and

3.      Further comments be submitted to the General Manager and circulated to all Councillors.

 

For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 9).

Against the Motion was Nil (Total 0).

 

Matter Arising

REPORTS ON PROPOSED PLANNING CHANGES

269

RESOLVED on the motion of Councillors Hutchens and Brooks-Horn that any future planning matters similar to the SEPP 65 changes be reported to Council so that it could be decided if a workshop is necessary for a better understanding of such matters.

 

For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 9).

Against the Motion was Nil (Total 0).




 

Lane Cove Traffic Committee Held on 21 October 2014

270

RESOLVED on the motion of Councillors Bennison and Hutchens that Council:-

  1. Adopt the recommendations of the Lane Cove Traffic Committee Meeting held on Tuesday, 21 October 2014 in relation to Item Y9 – Little Street, Lane Cove; and
  2. Also seek the conversion of the two (2) proposed Ľ hr parking spaces to ‘Kiss and Ride’ No Parking zones.

 

For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 9).

Against the Motion was Nil (Total 0).

 

Matter Arising

BURNS BAY ROAD AND ROSENTHAL AVENUE INTERSECTION

271

RESOLVED on the motion of Councillors Bennison and Gold that a report into possible options (e.g. signage) that are available to assist drivers in allowing sufficient room  for buses turning the corner of Burns Bay Road and Rosenthal Avenue be received.

 

For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 9).

Against the Motion was Nil (Total 0).

 

 

CLOSE

 

The meeting closed at 9:42pm.

 

Confirmed at the Ordinary Council Meeting of 17 November 2014, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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