Minutes of Ordinary Council

Ordinary Council 7 December 2015

Minutes

PRESENT: Councillor D. Hutchens (Chair), Councillor S. Bennison, Councillor K. Brent, Councillor D. Brooks-Horn , Councillor S. Cheong, Councillor M. Gold, 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, Manager – Strategic Planning, Manager – Governance and Governance Officer.

DECLARATIONS OF INTEREST:

Councillor Bennison declared a conflict of interest that is not significant in relation to “Rosenthal Avenue Development - Tennant Commercial Terms” as he is in discussions with a client regarding the purchase of a unit that is near the proposed Rosenthal Avenue site and may decide to purchase a unit in the near future. He advised he would vacate the chamber and not debate or vote on the item.

Councillor Brooks-Horn declared a conflict of interest that is not significant in relation to “Amendment to the Lane Cove Country Club Constitution” as he is a social member of the Lane Cove Country Club. He advised he would debate and vote on the item.

OPENING OF MEETING WITH PRAYER

The meeting was opened with a prayer by Simon Ambler of Christian City 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

238

RESOLVED on the motion of Councillors Brooks-Horn and Palmer that the Confidential items be deferred to the end of the meeting and considered as the final items.

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

Against the Motion was Nil (Total 0).

SUSPENSION OF STANDING ORDERS

239

RESOLVED on the motion of Councillors Brooks-Horn and Palmer 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 Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

PUBLIC FORUM

Guy Hallowes of Lane Cove North supporting the development of additional open space in the Lane Cove North area and tabling an additional 209 signatures in relation to the Petition requesting funding be allocated for the purchase of land for the proposed Pinaroo Park.

Deborah Mounser of Lane Cove supporting the development of additional open space in the Lane Cove North area and requesting Council allocate funds towards securing land for this purpose immediately.

Kylie Bryden Smith of Lane Cove North supporting the development of additional open space in the Lane Cove North area and requesting Council commit funding now for this purpose.

June Morgan of Longueville requesting Council remove the E2 Environmental Conservation Zone from 7 Dettman Avenue.

Jeremy Tebbutt of St Leonards supporting the increase in height proposed in Planning Proposal 22 for 1-13A Marshall Avenue.

Doug Stuart of Longueville on behalf of the Lane Cove Bushland and Conservation Society opposed to the removal of the E2 Environmental Conservation Zone from 7 Dettman Avenue and surrounding properties.

Don Murchison of Greenwich supporting the Notice of Motion regarding the Private Members Bill - Preservation of Local Democracy and commenting on the results of the recently held Federal Government By-Election for North Sydney.

Adrian Avis of St Leonards supporting the increase in height proposed in Planning Proposal 22 for 1-13A Marshall Avenue.

Chloe Dunlop from Milestone Town Planning on behalf of the Executive Committee of the Forum West Apartments in St Leonards objecting to Planning Proposal 22 for 1-13A Marshall Avenue expressing concerns in relation to visual impacts.

David Johnston of St Leonards supporting the increase in height proposed in Planning Proposal 22 for 1-13A Marshall Avenue and requesting funds be invested on improving public transport and pedestrian access in the area.

John Mitchell of St Leonards supporting the increase in height proposed in Planning Proposal 22 for 1-13A Marshall Avenue and congratulating Council on the program developed for the St Leonards South area.

Allen Winning of Greenwich objecting to the increase in height proposed in Planning Proposal 22 for 1-13A Marshall Avenue.

Richard Wilmot of St Leonards supporting the increase in height proposed in Planning Proposal 22 for 1-13A Marshall Avenue.

On behalf of Devika Cattlin of St Leonards objecting to the increase in height proposed in Planning Proposal 22 for 1-13A Marshall Avenue.

Sue Clark of Greenwich objecting to the increase in height proposed in Planning Proposal 22 for 1-13A Marshall Avenue.

Daniella Kozlowski of St Leonards objecting to the increase in height proposed in Planning Proposal 22 for 1-13A Marshall Avenue expressing concerns regarding the environmental impacts.

Diane Willis of Greenwich objecting to the increase in height proposed in Planning Proposal 22 for 1-13A Marshall Avenue.

Michael Doughty supporting the increase in height proposed in Planning Proposal 22 for 1-13A Marshall Avenue.

Chris O’Neill of Greenwich objecting to the increase in height proposed in Planning Proposal 22 for 1-13A Marshall Avenue.

Peter Garner of St Leonards supporting the increase in height proposed in Planning Proposal 22 for 1-13A Marshall Avenue.

Tom Gervay on behalf of the Greenwich Community Association objecting to the increase in height proposed in Planning Proposal 22 for 1-13A Marshall Avenue.

Councillor Karpin left the meeting at 8:00pm.

Arlette Jubian of Greenwich objecting to the increase in height proposed in Planning Proposal 22 for 1-13A Marshall Avenue.

Councillor Karpin returned to the meeting at 8:01pm.

Derek Mok of St Leonards commenting on the need for infrastructure development in the St Leonards area to support population growth and supporting the increase in height proposed in Planning Proposal 22 for 1-13A Marshall Avenue if it will allow funds to be secured for infrastructure development.

Sue Pokrzywa of St Leonards supporting the increase in height proposed in Planning Proposal 22 for 1-13A Marshall Avenue.

Councillor Brooks-Horn left the meeting at 8:06pm.

Wendy Stamp of St Leonards supporting the increase in height proposed in Planning Proposal 22 for 1-13A Marshall Avenue.

Councillor Brooks-Horn returned to the meeting at 8:08pm.

Peter Sweeney of St Leonards objecting to the increase in height proposed in Planning Proposal 22 for 1-13A Marshall Avenue.

Anita Jubian of St Leonards objecting to the increase in height proposed in Planning Proposal 22 for 1-13A Marshall Avenue.

Daryl Hart of St Leonards supporting the increase in height proposed in Planning Proposal 22 for 1-13A Marshall Avenue.

Albert Jubian of St Leonards objecting to the increase in height proposed in Planning Proposal 22 for 1-13A Marshall Avenue.

RESUMPTION OF STANDING ORDERS

240

RESOLVED on the motion of Councillors Brooks-Horn and Bennison that Standing Orders be resumed.

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

Against the Motion was Nil (Total 0).

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

Procedural Motion

243

RESOLVED on the motion of Councillors Hutchens and Brooks-Horn that “Planning Proposal 22 (1-13A Marshall Ave) Post-Exhibition” be brought forward and dealt with as the next item.

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

Against the Motion was Councillor Palmer (Total 1).

Planning Proposal 22 (1-13A Marshall Ave) post-exhibition
	MOTION A Motion was moved by Councillors Brooks-Horn and Karpin that LEP Planning Proposal 22 for 1-13A Marshall Ave, St Leonards be adopted and submitted to the NSW Department of Planning & Environment for finalisation, and the VPA be executed.
	Foreshadowed Motion A Foreshadowed Motion was moved by Councillors Palmer and Brent that the LEP Planning Proposal for 1-13A Marshall Ave, St Leonards, not proceed because:- 1. It will have a worse impact on views and result in more existing buildings and public areas being affected by overshadowing; 2. It would be out of scale with both the existing and future character of the area; and 3. Changing the controls so soon after Gazettal would be undesirable and undermine the community’s confidence in the planning process.
244	Upon being put to the meeting the Motion was declared carried.
	For the Motion were Councillors Gold, Hutchens, Karpin, Bennison, Brooks-Horn and Cheong (Total 6). Against the Motion were Councillors Palmer, Brent and Strassberg (Total 3).
	The Foreshadowed Motion lapsed.

Matter Arising
STATUS REPORT ON ST LEONARDS SOUTH MASTER PLAN
245	RESOLVED on the motion of Councillors Brooks-Horn and Karpin that the General Manager prepare a report on the status of the St Leonards South Master Plan.
	For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9). Against the Motion was Nil (Total 0).

Petitions

Petition Requesting Council to Authorise Funds for the Purchase of Land for the Proposed Pinaroo Park

246

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

1. Council receive and note the petition;

2. Council indicate it is still committed to acquiring the land at Pinaroo for the purpose of a park;

3. The head petitioner be informed of Council’s decision;

4. Council meet with the Lane Cove North / Mowbray working parties and residents group to effectively disseminate Council’s communications on this matter;

5. The petition in hand be sent to the relevant Ministers to show the community’s support for the Pinaroo Park and expedite the Department’s decision making process to give certainty to the current and future residents;

6. Council write to Trent Zimmerman, Member for North Sydney requesting funding to assist in the creation of Pinaroo Park;

7. A further status report come back to Council in February 2016; and

8. Authority be delegated to the Mayor and General Manager to finalise acquisition of the land should it become available prior to February 2016.

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

Against the Motion was Nil (Total 0).

Orders Of The Day

The Mayor thanked Councillors and staff for the achievements of the last 3 years and wished Councillors, staff and the community a happy and safe holiday season.

Notices of Motion

Private Members Bill – Preservation of Local Democracy

247

RESOLVED on the motion of Councillors Bennison and Brooks-Horn that pursuant to the recommendations contained in the report of the NSW Legislative Council General Purpose Standing Committee No. 6 that:-

1. Council write to MP’s Fred Nile and Paul Green, and request that a joint Private Members Bill, the “Preservation of Local Democracy Bill”, be presented to the NSW Parliament at the first available opportunity for Parliament in 2016. The Bill would make changes to the Local Government Act 1993 which reflect the findings of the Legislative Council Inquiry into Local Government, in particular that no merger of councils can be proposed by the Minister unless there is demonstrable evidence that the councils are severely financially unsustainable to the point of insolvency or are otherwise unable to maintain an acceptable level of service provision to their respective local communities;

2. Request that the MP’s make a public statement in respect of 1, as soon as possible;

3. Write to our Local Member the Hon. Anthony Roberts, MP’s David Shoebridge, Robert Borsak, and Peter Primrose and LGNSW to seek their support for 1; and

4. Council write to Trent Zimmerman and request funding noting that during his recent election:-

a) Congratulate him on becoming the Member for North Sydney; and

b) Ask that in his capacity as President of the NSW Liberal State Council he confirms to Council the NSW Liberal Party’s official policy with respect to forced amalgamations;

c) Ask that in his capacity as President of the NSW Liberal State Council and now Member for North Sydney he writes to all the Councils in his electorate and explain how he intends to represent his constituents in opposing forced amalgamations; and

d) Ask that the confirm in writing to Council that he will make personal representations to the Premier the Hon. Mike Baird that the majority of constituents in his electorate do not want forced amalgamations and concedes that some of the swing against his party was attributed to the State Government’s agenda of forced amalgamations.

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

Against the Motion was Nil (Total 0).

Procedural Motion

248

RESOLVED on the motion of Councillors Hutchens and Brooks-Horn that “LEP Review 2015 - Further Report” be brought forward and dealt with as the next item.

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

Against the Motion was Nil (Total 0).

LEP Review 2015 - Further Report

249

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

1. Adopt for exhibition the following changes to the LEP 2010:-

a. Amend the Height Objective “to maintain satisfactory solar access to existing buildings and public areas”;

b. Allow the related uses “vehicle repair station” and “vehicle body repair workshop” in the IN2 Light Industrial Zone;

c. Specify in the LEP a distance of 15 metres between zones to allow zone overlap;

d. Clarify that dual occupancies may not be subdivided:-

(i) "Despite any other provision of this Plan, development consent must not be granted to a development application for the subdivision of land on which development for the purpose of dual occupancy is erected or is proposed to be erected if the subdivision would result in each of the dwellings that comprise the dual occupancy being located on separate lots”;

(ii) Subdivision of dual occupancies is to be excluded from the use of cl.4.6;

e. 14 Gay Street - Apply an Environmental Protection (EP) layer south of the blue line so that Council must consider the land’s “vegetation, topography and distinctive features”;

f. Heritage - 9 Robert St - Obtain a report by Council’s heritage consultant and amend heritage listing as per recommendation;

g. Heritage - 1 & 3 Austin St - Obtain a report by Council’s heritage consultant and amend heritage listing as per recommendation;

h. Heritage - Brett Whitely early self-portrait - Include in heritage listing subject to owner’s agreement;

i. Retain the E2 Environmental Conservation Zone over 7, 3A, 5A and Dettmann Ave and 41 Stuart St, and add those portions of land to the LEP acquisition list for future public land;

j. An access handle is not to be included in FSR calculations for a battle-axe block;

k. "Animal boarding or training establishment" are permissible in the IN2 Zone; and

l. Other miscellaneous matters as in the Schedule at AT-2;

2. Approve the submission to the Department of Planning & Environment of a planning proposal in accordance with the resolutions above, seeking consent to proceed to public exhibition;

3. Request delegation from the Department of Planning & Environment for the General Manager for the planning proposal;

4. Prepare Draft Development Control Plan amendments as relevant to the LEP amendments, for submission to Council for consideration; and

5. A further report be submitted to the February Council Meeting regarding the options for controls which:-

a) Where a development which was approved under the provisions of permissible use, extension of the use be prohibited; and

b) Where a new development under the provisions of permissible use classification is proposed there shall be a minimum 800m separation from a similar use.

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

Against the Motion was Nil (Total 0).

Officer Reports for Determination

Proposed Review of Ward Boundaries

250

RESOLVED on the motion of Councillors Bennison and Brooks-Horn that:-

1. The report be received and noted; and

2. The matter be deferred and a further review come back to Council once the Government’s Fit for the Future program is clear.

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

Against the Motion was Nil (Total 0).

Draft Sustainability Action Plan

251

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

1. Adopt the Revised Draft Sustainability Action Plan 2016 to 2021, dated 25 November 2015 (shown attached as AT-1);

2. Conduct the next review of the Sustainability Action Plan in 2021 and report on progress annually through Council’s Annual Report; and

3. Thank the Community Expert Panel and Staff Working Group for their Contribution to the development of the Draft Sustainability Action Plan.

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

Against the Motion was Nil (Total 0).

DCP Review 2015: Child Care and Parking

252

RESOLVED on the motion of Councillors Gold and Brent that Council resolve that a draft DCP be exhibited in accordance with this report, to:-

1. Permit a maximum of 60 places at any one child centre in a residential zone, with variations subject to merit;

2. Update Part R – Traffic, Transport & Parking to:-

a. Accord with SEPP 65 parking rates for transit oriented developments

b. Adjust parking rates for Child Care Centres having regard to Department of Education & Training’s amended child-staff ratios;

c. Require onsite removalist truck spaces for developments with greater than 100 units;

d. Specify requirements for car wash bays for developments with greater than 20 units; and

e. Require consultation on Construction Management Plans with authorities where appropriate.

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

Against the Motion was Nil (Total 0).

Matter of Urgency
POLL ON ANY PROPOSED NEW BOUNDARIES
253	RESOLVED on the motion of Councillors Bennison and Hutchens that the item be declared a Matter of Urgency.
	For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9). Against the Motion was Nil (Total 0).
The Mayor declared the item to be a Matter of Urgency.
254		RESOLVED on the motion of Councillors Bennison and Brooks-Horn that:- Council conduct with its next Rates notice a poll with respect to community support for any proposed new boundaries as advised by the State Government; and Write to Ryde and Hunters Hill Council’s requesting they take similar action
		For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9). Against the Motion was Nil (Total 0).

Amendment to the Lane Cove Country Club Constitution

255

RESOLVED on the motion of Councillors Brooks-Horn and Karpin that Council endorse the Special Resolution to amend the Lane Cove Country Club Constitution to allow Social Members to attend general meetings of the Club and vote in the election of the Board.

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

Against the Motion was Nil (Total 0).

Delegation of Authority During the Christmas Recess

256

RESOLVED on the motion of Councillors Gold and Brooks-Horn that:-

1. Subject to the provisions of Section 377 of the Local Government Act, 1993, and point 2 below, Council appoint a Committee comprising of the Mayor and the General Manager, or in their absence a delegate of the Mayor and/or the person acting as General Manager, to deal with and determine, urgent matters arising during the Council recess until 15 February 2016, in such cases applying Council’s policies, or where no such policies exist, exercising due caution.

2. No Section 96 or Section 82A reviews of development applications be undertaken under delegated authority in relation to any matter that has been determined by the Independent Hearing and Assessment Panel.

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

Against the Motion was Nil (Total 0).

Council Meeting Schedule - 2016

257

RESOLVED on the motion of Councillors Brooks-Horn and Gold that the Council Meeting Schedule for 2016 be adopted subject to the April meeting date being changed to an alternate date.

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

Against the Motion was Nil (Total 0).

November 2015 Traffic Committee

258

RESOLVED on the motion of Councillors Brooks-Horn and Brent that Council adopt the recommendations of the Lane Cove Traffic Committee meeting held on Tuesday, 24 November 2015.

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

Against the Motion was Nil (Total 0).

Matter Arising
TRAFFIC SIGNALS ON NEW YEARS EVE
259	RESOLVED on the motion of Councillors Palmer and Brooks- Horn that Council consult with RMS on New Year’s Eve traffic movements out of the Greenwich and Longueville peninsulas with a view to altering the timing of the lights at the corner of Greenwich and River Roads and Kenneth Street and River Road to allow for longer green time after 9pm and 12 midnight to facilitate egress.
	For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9). Against the Motion was Nil (Total 0).

Officer Reports for Information

Successful Festival by the River

260

RESOLVED on the motion of Councillors Brooks-Horn and Gold that the report be received and noted and congratulate the Mayor on proposing the initial concept.

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

Against the Motion was Nil (Total 0).

Remembrance Day Poppy Project

261

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

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

Against the Motion was Nil (Total 0).

Community Wellbeing Index

262

RESOLVED on the motion of Councillors Karpin and Cheong that the report be received and noted.

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

Against the Motion was Nil (Total 0).

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:

Little Lane Commercial Terms and Fitout Costs

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

Rosenthal Avenue Development - Tennant Commercial Terms

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

263

RESOLVED on the motion of Councillors Hutchens and Brooks-Horn that:-

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

Against the Motion was Nil (Total 0).

Closed Committee commenced at 9:58pm. The public and media left the chamber.

Councillor Bennison left the meeting at 10:13pm.

Open Council resumed at 10:17pm. The public and media were invited into the chamber.

Confidential Items

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

Little Lane Commercial Terms and Fitout Costs
It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing.
264	RESOLVED on the motion of Councillors Brooks-Horn and Gold that:- Subject to the receipt of a satisfactory Quantity Surveyor (QS) estimate and the delivery of Council’s retained assets, Council vary the commercial terms with the Developer and make a contribution of 50% of the additional costs outlined in the report, in recognition that the sales achieved are in respect of a different building with additional floorspace than originally tendered; 2. The General Manager be delegated authority to finalise a variation to the contract for the Developer to deliver the fit-out of the Community Space having regard to the QS estimate; 3. Council vary its lease subsidy policy for Lane Cove and Northside Community Services as they provide essential services direct to our community in lieu of Council providing them, and charge $1 rent p.a. plus outgoings for a ten (10) year lease for part of the community space within the Little Street Development; 4. Council vary its lease subsidy policy for the Lane Cove Music and Cultural Centre as the fit-out of the space is purpose built and offer a ten year lease for part of the community space within the Little Street Development; 5. Council commence the consultation process for the renaming of Little Lane; 6. The final revenues from the project be placed in a Reserve for the Rosenthal Avenue Project; and 7. The parking times and rates be the same as the parking times and rates at Lane Cove Market Square.
	For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Brent, Brooks-Horn, Strassberg and Cheong (Total 8). Against the Motion was Nil (Total 0). Absent was Councillor Bennison (Total 1).

Rosenthal Avenue Development - Tennant Commercial Terms
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.
265	RESOLVED on the motion of Councillors Brooks-Horn and Gold that:- 1. The report be received and noted; 2. Council establish a ‘Rosenthal Redevelopment Reserve’; 3. The ‘Small Watercraft Facility Reserve’ be closed, and the current balance be transferred to the ‘Rosenthal Redevelopment Reserve’; 4. Council commit the proceeds from the sale of land at 314 Burns Bay Road, Little Lane Car Park Redevelopment, Friedlander Place Stratum and the Special Rate Parking levy to the project and transfer the funds as they are received into the ‘Rosenthal Redevelopment Reserve’; 5. The parking times and rates be the same as the parking times and rates at Lane Cove Market Square; and 6. A foundation plaque be struck in recognition of Council’s signing of the agreements and decision for the development to proceed.
	For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Brent, Brooks-Horn, Strassberg and Cheong (Total 8). Against the Motion was Nil (Total 0). Absent was Councillor Bennison (Total 1).

CLOSE

The meeting closed at 10:17pm.

Confirmed at the Ordinary Council Meeting of Monday, 15 February 2016, at which meeting the signature herein is subscribed.

MAYOR

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