Minutes of Ordinary Council

Ordinary Council 20 April 2015

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 – Special Projects, Director – Major Projects, Manager – Strategic Planning, Strategic Planners, Governance Officer and Manager - Governance.

DECLARATIONS OF INTEREST:

Councillor Bennison declared a non pecuniary conflict of interest that was not significant in relation to two (2) potential Matters Arising relating to the Local Traffic Committee Meeting being:-

“Pedestrian Crossing at Rosenthal Lane” as he has a client whose office backs onto Rosenthal Lane. He indicated that he would participate in any debate and vote on this item.
“Placing of Advisory Signage at Birdwood Avenue” as his office within 71 Longueville Road is directly affected by proposed traffic measures that may be considered for Birdwood Avenue. He indicated that he would exit the Chamber and abstain from any debate and voting on this item.

OPENING OF MEETING WITH PRAYER

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

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.

Procedural Motion

RESOLVED on the motion of Councillors Bennison and Hutchens that the Confidential item be deferred to the end of the meeting and considered as the final item.

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

Against the Motion was Nil (Total 0).

SUSPENSION OF STANDING ORDERS

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 Brooks-Horn, Cheong, Gold, Hutchens, Karpin, Palmer, Strassberg, Bennison and Brent (Total 9).

Against the Motion was Nil (Total 0).

PUBLIC FORUM

Prue Quinlan of St Leonards speaking on behalf of a group of property owners from Canberra and Holdsworth Avenues in support of the Master Planning process for St Leonards South.

John Mitchell of St Leonards representing the Centre Berry East/Holdsworth West Group supporting the expansion of the rezoning area included in the St Leonards South Draft Master Plan to Greenwich Road to allow for an increase in green space and community facilities.

Ray Kearney of Lane Cove West objecting to the planning proposal to rezone 1 Sirius Road, Lane Cove West citing pollution concerns including carcinogenic emissions from the Lane Cove Tunnel stacks.

Peter Garnet of St Leonards requesting that Berry Road West also be included in the first stage of rezoning within the St Leonards South Draft Master Plan.

Paul Robson of St Leonards supporting the expansion of the rezoning area included in the St Leonards South Draft Master Plan.

Andrew Anagnostellis of St Leonards supporting the expansion of the rezoning area included in the St Leonards South Draft Master Plan to include Park Road East and requesting Council resolve the issue quickly to assist residents with planning for the future.

Jesse Death of St Leonards supporting the expansion of the rezoning area included in the St Leonards South Draft Master Plan particularly the western extent of the proposed rezoning area.

Don Murchison of Greenwich supporting the petition for pram and bike access to Greenwich Baths citing safety concerns and thanking Wayne Rylands for his contribution as a Council officer.

Lynne McLoughlin, Chairman of Council’s Bushland Management Advisory Committee objecting to the proposed rezoning of 1 Sirius Road, Lane Cove West citing environmental concerns including landscape issues and bushland management.

Helen Pearson of St Leonards objecting to the Planning Proposal to rezone 75-79 Lithgow Street and 84-90 Christie Street, St Leonards citing lack of certainty of community benefit and objecting to proposed amendments to height controls in relation to 1-13A Marshall Ave.

Frances Vissel of Lane Cove North objecting to the proposed rezoning of 1 Sirius Road, Lane Cove West due to the fragile nature of the bushland on the site through to Ventemans Reach and expressing concerns in relation to proposed amendments to height controls in relation to 1-13A Marshall Ave including visual impacts and lack of certainty as to community benefit.

Kim McIntyre of St Leonards objecting to changes to height controls for 75-79 Lithgow Street and 84-90 Christie Street, St Leonards and 1-13A Marshall Ave citing impacts on views and overdevelopment and requesting that the joint-council St Leonards plan be revisited before further development is allowed.

Diane Willis of Greenwich objecting to the Planning Proposal to amend height controls for 1-13A Marshall Ave.

Councillor Brent left the meeting at 7:50 PM

Peter Smiles of St Leonards requesting Council pursue the plan set out for St Leonards to give residents some sense of certainty for the future.

Lisa Bella-Esposito, Director of Milestone Town Planning speaking on behalf of the Owners Corporation of the Forum West as well as Greenwich-St Leonards Action Group objecting to the Planning Proposal to amend height controls for 1-13A Marshall Ave and requesting Council update the joint strategic plan for St Leonards.

Councillor Brent returned to the meeting at 7:53 PM

Arlette Jubian of Greenwich objecting to the Planning Proposal to rezone 75-79 Lithgow Street and 84-90 Christie Street, St Leonards and the Planning Proposal to amend height controls for 1-13A Marshall Ave.

Anita Jubian of St Leonards objecting to the Planning Proposal to rezone 75-79 Lithgow Street and 84-90 Christie Street, St Leonards and the Planning Proposal to amend height controls for 1-13A Marshall Ave.

Adrian Avis of St Leonards supporting the St Leonards South Draft Master Plan and an expansion of the rezoning area to avoid piecemeal development of the area and to provide more opportunities for open and community space.

Wendy Stamp of St Leonards supporting the strategic approach to planning in St Leonards including the development of the St Leonards South Draft Master Plan.

Jim Bidwell of St Leonards supporting St Leonards South Draft Master Plan and an expansion of the western extent of the rezoning area to include Berry Road West and Park Road East.

Xian Mu of St Leonards expressing concerns regarding the extent of potential rezoning of St Leonards South including the impact on infrastructure high density developments may have on the area and what community benefit will result.

Veera Ostowari of St Leonards objecting to the proposed high density developments in St Leonards South due to overdevelopment of the northern side of the Pacific Highway and impacts on amenities and infrastructure.

Susan Ingham of Lane Cove objecting to the Planning Proposal to amend height controls for 1-13A Marshall Ave citing impacts to local infrastructure.

Richard Wilmot of St Leonards supporting the St Leonards South Draft Master Plan, the Planning Proposal to amend height controls for 1-13A Marshall Ave and Planning Proposal to Rezone 75-79 Lithgow Street and 84-90 Christie Street, St Leonards.

Councillor Hutchens left the meeting at 8:22pm.

Councillor Hutchens returned to the meeting at 8:25pm.

Doug Stuart of Longueville speaking on behalf of Lane Cove Bushland and Conservation Society objecting to the proposed rezoning of 1 Sirius Road, Lane Cove West and commending Council’s efforts in relation to the bushfire phone land. Also speaking on behalf of RASAD commenting on the Rosenthal Ave Design Ideas Competition seeking greater consultation and communication and requesting confirmation that infrastructure upgrades supporting increased density be implemented concurrently with high density developments in the St Leonards area.

Peter Clune of St Leonards speaking on behalf of the Marshall Avenue West Action Group supporting the St Leonards South Draft Master Plan and the Planning Proposal to amend height controls for 1-13A Marshall Ave.

Daryl Hart of St Leonards commending the strategic nature of the St Leonards South Draft Master Plan and speaking in support of the Planning Proposal to amend height controls for 1-13A Marshall Ave and Planning Proposal to Rezone 75-79 Lithgow Street and 84-90 Christie Street, St Leonards.

Albert Jubian of St Leonards objecting to the Planning Proposal to amend height controls for 1-13A Marshall Ave and Planning Proposal to Rezone 75-79 Lithgow Street and 84-90 Christie Street, St Leonards.

Luke Bersha of St Leonards supporting the St Leonards South Draft Master Plan and requesting the rezoning area be extended through to Greenwich Road to increase community benefit and access to infrastructure and amenity.

Peter Dale of St Leonards supporting the Planning Proposal to rezone 75-79 Lithgow Street and 84-90 Christie Street, St Leonards, the Planning Proposal to amend height controls for 1-13A Marshall Ave, and Friedlander Place proposal and encouraging Council to consider larger site amalgamations in relation to its strategic planning.

RESUMPTION OF STANDING ORDERS

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

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

Against the Motion was Nil (Total 0).

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 16 MARCH 2015
60	RESOLVED on the motion of Councillor Gold and Hutchens that the minutes of the Ordinary Council meeting held on the 16 March 2015 be received.
	For the Motion were Councillors Brooks-Horn, Cheong, Gold, Hutchens, Karpin, Palmer, Strassberg, Bennison and Brent (Total 9). Against the Motion was Nil (Total 0).
61	RESOLVED on the motion of Councillor Gold and Hutchens that the minutes of the Ordinary Council meeting held on the 16 March 2015 be confirmed.
	For the Motion were Councillors Brooks-Horn, Cheong, Gold, Hutchens, Karpin, Palmer, Strassberg, Bennison and Brent (Total 9). Against the Motion was Nil (Total 0).

Petitions

Petition for Pram and Bike Access for Greenwich Baths

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

1. Receive and note the petition;

2. Considers further options for an accessible pathway to the Baths as part of the planning for the upgrade of the Baths for the 100^th Centenary in late 2016; and

3. Advise the head petitioner of Council’s decision.

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

Against the Motion was Nil (Total 0).

Orders Of The Day

MOTION OF THANKS

RESOLVED on the motion of Councillors Bennison and Brooks-Horn that Council farewell Mr Wayne Rylands and thank him for his contribution to Council over the years and wish him well for his future endeavours.

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

Against the Motion was Nil (Total 0).

Officer Reports for Determination

Planning Proposal to rezone 75-79 Lithgow St & 84-90 Christie St, St Leonards to Mixed Use
64	RESOLVED on the motion of Councillors Bennison and Karpin that :-
	1. Council approve Planning Proposal 20 for 75-79 Lithgow and 84-90 Christie Streets, St Leonards for submission to the NSW Department of Planning & Environment seeking Gateway approval for exhibition to rezone the subject lands from B3 Commercial Core to B4 Mixed Use with associated height and FSR controls, as defined in the Draft Planning Proposal subject to a Voluntary Planning Agreement for the site, a maximum FSR being 17.6:1 and a lowering of the building height of the proposed higher tower proportionally to the proposed FSR; 2. The draft LEP clause be strengthened before exhibition, in liaison with the Department, as follows:- o Require as a condition of development approval that a Voluntary Planning Agreement be entered into with Council to provide a monetary contribution towards the St Leonards Plaza and associated works; o Require the provision of a supermarket with a minimum of 3000sqm and a 300-space public car park dedicated to Council located in the upper levels of the car park in proximity to the supermarket - as a joint requirement to obtain a bonus of FSR 2:1; and o Prohibit “residential flat buildings” as a stand-alone land use for the site. 3. Council request the Department to authorise the General Manager to exercise delegation for this planning proposal; 4. A draft Voluntary Planning Agreement is to be prepared and be reported to Council for approval prior to exhibition with the planning proposal; 5. A draft Development Control Plan is to be prepared which involves compliance with Council’s Parking Development Control Plan requirements with respect to residential and commercial ratios for St Leonards and be reported to Council for approval prior to exhibition with the planning proposal; and 6. A Councillor workshop be held on the draft DCP and VPA.
	For the Motion were Councillors Brooks-Horn, Cheong, Gold, Hutchens, Karpin, Palmer, Strassberg, Bennison and Brent (Total 9). Against the Motion was Nil (Total 0).

Planning Proposal to Amend Height Control for 1-13A Marshall Ave, St Leonards

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

1. Council approve the preparation and lodgement of a planning proposal for submission to the NSW LEP Gateway seeking approval for exhibition that amends the LEP height applying to 1-13A Marshall Avenue, St Leonards from 65 metres to 94 metres, subject to a Voluntary Planning Agreement for the site with the same terms endorsed by Council on 17 November 2014;

2. The Department be requested to issue delegation to Council’s General Manager to undertake the planning proposal process;

3. Draft amendments to Development Control Plan 2010 relating to this planning proposal be prepared and exhibited with the planning proposal; and

4. The planning proposal exhibition include the Voluntary Planning Agreement for the site.

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

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

Matter Arising
REVIEW OF COUNCIL’S LEP
66	RESOLVED on the motion of Councillors Bennison and Hutchens that a review be undertaken and a further report be submitted on any ‘general housekeeping’ amendments required to Council’s LEP, including amending the wording of the LEP objectives relating to height, in liaison with the Department, to refer to optimising or similar wording rather than minimising impacts, on the grounds that the latter may be inconsistent with the objectives of clause 4.6 of the Act of permitting design flexibility in appropriate circumstances.
	For the Motion were Councillors Brooks-Horn, Cheong, Gold, Hutchens, Karpin, Palmer, Strassberg, Bennison and Brent (Total 9). Against the Motion was Nil (Total 0).

Planning Proposal to Rezone No.1 Sirius Road, Lane Cove West from IN2 Light Industry to B4 Mixed Use

RESOLVED on the motion of Councillors Gold and Cheong that :-

The matter be referred to a Councillor workshop and further relevant information be provided including environmental impacts such as site contamination, air pollution and bushland impacts; and
The proponent be invited to address Council.

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

Against the Motion was Nil (Total 0).

Rosenthal Avenue Design Ideas Competition

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

Council endorse the Rosenthal Design Ideas Exhibition Engagement Report and the priority of design ideas that it contains, shown as AT–1 to guide the design of the public domain for the Rosenthal Car Park Redevelopment Project; and
A pictorial representation of the community preferences be prepared and provided to Councillors and placed on Council’s website.

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

Against the Motion was Nil (Total 0).

Friedlander Place - Sale of Below Ground Stratum

RESOLVED on the motion of Councillors Gold and Hutchens that the Mayor and General Manager be authorised to execute the Irrevocable Offer Deed, subsequent Sale Contract and all documents creating the stratum subdivision of Council’s land Lot 1 DP1179636 and affix Council’s Seal as required.

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

Against the Motion was Nil (Total 0).

ACQUISITION of 296 Burns Bay Road, Lane Cove

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

1. Note that Council has now acquired Lot 31 DP540796; and

2. Approve funding in the 2014/15 Budget of the compensation payable in respect of the compulsory acquisition of Lot 31 DP 540796, as determined by the Valuer General and be funded from Section 94 contributions and funds allocated as set out in the report.

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

Against the Motion was Nil (Total 0).

Sustainability Small Grants Round 10 - Recommended Recipients

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

1. Approve funds under Round 10 of the Sustainability Small Grants Program for the following projects:-

· $ 990 – Lane Cove Occasional Child Care Inc;

· $1,070 – Chatswood South Perma Patch Inc (Perma Patch); and

· $1,396 – Lane Cove West Public School.

2. Give Public Notice of the proposed funding under Round 10 of the Sustainability Small Grants Program, grant the funds as outlined above; and

3. Thank all participants for their nomination.

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

Against the Motion was Nil (Total 0).

Local Traffic Committee Meeting March 2015

RESOLVED on the motion of Councillors Karpin and Brent that Council adopt the recommendations of the Lane Cove Traffic Committee meeting held on Tuesday, 17 March 2015.

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

Against the Motion was Nil (Total 0).

Matter Arising
PEDESTRIAN CROSSING – ROSENTHAL LANE
73	RESOLVED on the motion of Councillors Bennison and Hutchens that Council investigate a pedestrian crossing adjacent to the Cake Man shop in Rosenthal Lane.
	For the Motion were Councillors Brooks-Horn, Cheong, Gold, Hutchens, Karpin, Palmer, Strassberg, Bennison and Brent (Total 9). Against the Motion was Nil (Total 0).

Councillor Bennison left the meeting at 9:46pm.

Matter Arising
NO QUEUING SIGNAGE FOR DRIVEWAYS ON BIRDWOOD AVENUE
74	RESOLVED on the motion of Councillors Cheong and Hutchens that Council investigate the installation of notification signage regarding the queuing across the driveway to 71 Longueville Road, Lane Cove.
	For the Motion were Councillors Brooks-Horn, Cheong, Gold, Hutchens, Karpin, Strassberg and Brent (Total 7). Against the Motion was Councillor Palmer (Total 1). Absent for the motion was Councillor Bennison (Total 1).

Councillor Bennison returned to the meeting at 9:47pm.

Councillor Cheong left the meeting at 9:48pm.

Officer Reports for Information

Lane Cove Bush Fire Prone Land Update

RESOLVED on the motion of Councillors Gold and Hutchens that Council note the changes made to the Bushfire Prone Land mapping in AT-1 as certified by the Rural Fire Service in March 2015.

For the Motion were Councillors Brooks-Horn, Gold, Hutchens, Karpin, Palmer, Strassberg, Bennison and Brent (Total 8).

Against the Motion was Nil (Total 0).

Absent for the motion was Councillor Cheong (Total 1).

Matter Arising
THANKYOU TO COUNCIL STAFF
76	RESOLVED on the motion of Councillors Palmer and Bennison that Kerry Heatley and Bushland Staff be thanked for their hard work with regards to legislative changes to tree preservation laws affecting the Local Government Area.
	For the Motion were Councillors Brooks-Horn, Gold, Hutchens, Karpin, Palmer, Strassberg, Bennison and Brent (Total 8). Against the Motion was Nil (Total 0). Absent for the Motion was Councillor Cheong (Total 1).

Council Snapshot

RESOLVED on the motion of Councillors Karpin and Hutchens that Council receive and note the report.

For the Motion were Councillors Brooks-Horn, Gold, Hutchens, Karpin, Palmer, Strassberg, Bennison and Brent (Total 8).

Against the Motion was Nil (Total 0).

Absent for the Motion was Councillor Cheong (Total 1).

Councillor Cheong returned to the meeting at 9:51pm.

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:

Update on the Feasibility Analysis of Proposed Redevelopment of Rosenthal Carpark Site

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret; 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.

No members of the public made representations.

CLOSED COMMITTEE

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

1. Resolve into Closed Committee to consider the business identified above;

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)(d) as outlined above; and

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 Brooks-Horn, Cheong, Gold, Hutchens, Karpin, Palmer, Strassberg, Bennison and Brent (Total 9).

Against the Motion was Nil (Total 0).

Closed Committee commenced at 9:53pm. The public and media left the chamber.

Open Council resumed at 10:06 pm. The public and media were invited into the chamber.

Confidential Items

The General Manager read the recommendations of the Item/s considered in Closed Committee prior to Council’s consideration:

Update on the Feasibility Analysis of Proposed Redevelopment of Rosenthal Carpark Site
It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret; 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.
79	RESOLVED on the motion of Councillors Bennison and Hutchens that Council:- 1. Receive and note the feasibility analysis for the proposed redevelopment of the Rosenthal Car Park site; 2. Proceed with further actions to progress the feasibility analysis as outlined in the report; 3. A further report to come back to Council on the outcomes; and 4. Note that the public parking arrangements for the Rosenthal Avenue Car Park is to be 3 hours free.
	For the Motion were Councillors Brooks-Horn, Cheong, Gold, Hutchens, Karpin, Palmer, Strassberg, Bennison and Brent (Total 9). Against the Motion was Nil (Total 0).

CLOSE

The meeting closed at 10:07pm.

Confirmed at the Ordinary Council Meeting of Monday 18 May 2015, at which meeting the signature herein is subscribed.

MAYOR

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