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Minutes

Ordinary Council Meeting

10 April 2017, 6:50pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.

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Ordinary Council 10 April 2017

Minutes

 

PRESENT: Councillor D. Hutchens (Chair), Councillor S. Bennison, Councillor K. Brent, Councillor D. Brooks-Horn, Councillor S. Cheong and Councillor M. Gold.

 

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

 

DECLARATIONS OF INTEREST:

 

Councillor Brooks-Horn declared a non pecuniary conflict of interest that is not significant in relation to the “Housekeeping LEP Amendments Planning Proposal 24 – Post Consultation Report” as he owns a unit in Cope Street which is not affected by the proposal.  He advised he would debate and vote on the item.

 

Councillor Bennison declared a non pecuniary conflict of interest that is not significant in relation to “Update on the Commercial Terms for the Long Term Lease of 266 Longueville Rd to Design – Construct and Operate a Seniors Living Village” as he is an authorised financial planning representative of a bidder.  He advised he would not debate and vote on the item.

 

APOLOGIES 

Apologies were received on behalf of Councillors Karpin, Palmer and Strassberg.

39

RESOLVED on the motion of Councillors Brooks-Horn and Gold that the apologies be accepted and leave of absence be granted.

 

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

Against the Motion was Nil (Total 0).

Councillor Bennison left the meeting at 6:50pm.

 

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 Commercial Terms for the Long Term Lease of 266 Longueville Rd to Design - Construct and Operate a Seniors Living Village

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.

 

No members of the public made representations.

 


 

 

CLOSED COMMITTEE

40

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

1.       Council 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, Brent, Brooks-Horn and Cheong (Total 5).

Against the Motion was Nil (Total 0).

Absent was Councillor Bennison (Total 1).

 

Closed Committee commenced at 6:51pm.  The public and media left the chamber.

 

Open Council resumed at 6:53pm.  The public and media were invited into the chamber.

 

Councillor Bennison returned to the meeting at 6:54pm.

 

The Mayor adjourned the meeting until 7:00pm.

 

OPENING OF MEETING WITH PRAYER

The meeting was opened with a prayer by Father Geoff Plant of St Michaels Parish, Lane Cove.

 

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

41

RESOLVED on the motion of Councillors Brooks-Horn and Brent 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, Bennison, Brent, Brooks-Horn and Cheong (Total 6).

Against the Motion was Nil (Total 0).

 

PUBLIC FORUM

Jacky Barker of Lane Cove, expressing concerns about public transport in and out of Lane Cove, about rats in Lane Cove Village and the Market Square Car Park speed bumps.

 

Hugh Dougherty of Northwood, urging that the Housekeeping LEP amendments be passed.

 

Simon Lake of Lane Cove, speaking in support of the environmental protection layer in the proposed LEP amendments.

 

Lynne McLoughlin of Lane Cove, speaking in support of the environmental protection layer for 14 Gay Street.

 

Doug Stuart of Longueville, speaking in support of the environmental protection layer for 14 Gay Street.

 

Anita Thommesen of Lane Cove, objecting to the widening of Coxs Lane, Lane Cove.

 

Alexandra Meldrum of Lane Cove expressing concern about traffic safety around Finlayson Street and Coxs Lane, Lane Cove and objecting to widening of Finlayson Street and Coxs Lane.

 

RESUMPTION OF STANDING ORDERS

42

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

 

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

Against the Motion was Nil (Total 0).

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 20 MARCH 2017

43

RESOLVED on the motion of Councillors Gold and Brooks-Horn that the minutes of the Ordinary Council meeting held on the 20 March 2017 be received and confirmed.

 

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

Against the Motion was Nil (Total 0).

 

Officer Reports for Determination

 

Housekeeping LEP Amendments Planning Proposal 24 - Post Consultation Report

44

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

 

1.         Receive and note the report.

2.         Amend the current Planning Proposal to defer the item ‘Amend Council’s Land Reservation Acquisition Map to include the E2 Environmental Conservation zoned portions of land at Longueville’ from this amendment, to allow additional public consultation as part of a separate Planning Proposal.

3          Adopt the amendments to the LEP Planning Proposal 24 as described in AT-8 for finalisation that include:-

3.1.  Update Land Use Tables of:-

·           IN2 Light Industrial Zone to include ‘medical centre’, ‘vehicle repair station’ and ‘vehicle body repair workshop’ as ‘Permissible with Consent’.

·           R4 High Density Residential Zone to include ‘Restaurants & cafes’ as ‘Permissible with Consent’.

3.2.  Update LEP:- 

                              i.          Clause 4.1 (Minimum Subdivision Lot Size) to include (4B);

                             ii.          Clause 4.3 (Height of Buildings) to include new objectives;

                            iii.          Clause 4.4 (Floor Space Ratio) to include (2B); and

                           iv.          Clause 6.1 (Acid Sulfate Soils) to amend (6)(a).

3.3.  Insert new LEP Clause 5.3 (Development near zone boundaries).

 

3.4.  Delete the following heritage items from ‘Schedule 5 Environmental Heritage’:-

Suburb 

Item name 

Address 

Property description 

Significance 

Item No. 

Greenwich 

House 

13 Kingslangley Road 

Lot 8, Section 6, DP 656213 

Local 

I89 

Greenwich 

House 

15 Kingslangley Road 

Lot 1, Section 6, DP 957741 

Local 

I90 

Greenwich 

House 

16 Kingslangley Road 

Lot 2, DP 310610 

Local 

I91 

Lane Cove 

Street Tree Planting 

Adjacent to 87–93 Longueville Road 

Road reserve 

Local 

I168 

Longueville 

House 

73 Arabella Street 

Lot 6, DP 5005 

Local 

I228 

Northwood 

House and garden 

62 Northwood Road 

Lot 1, DP 826939 

Local 

I293 

Riverview 

House 

44 College Road South 

Lot 7, DP 739156 

Local 

I317 

Greenwich 

House 

19 King William Street 

Lot 2, Section 5, DP 3101 

Local 

I93 



3.5.  Amend Council’s ‘Environmental Protection Land Map’ to include an 'Environmental Protection' layer over the southern portion of 14 Gay Street, Lane Cove North.

 

3.6.  Amend Council’s Floor Space Ratio and Height of Buildings maps to correct anomalies at:-

                              i.          40A Cope Street, Lane Cove; and

                             ii.          3 Dunois Street, Longueville.

 

4.         Amend the DCP to include a clause for requirement of “vehicle repair station’ and ‘vehicle body repair workshop in IN2 Zoned land’ to ensure adequate parking is available on premises for both staff and vehicles to be repaired.

 

5.         Authorise Council’s General Manager to:-

a.         Submit the amended Planning Proposal to the Parliamentary Counsel’s Office and NSW Planning and Environment,

b.       Request to exercise its delegation under Section 59 of the NSW Environmental Planning and Assessment Act 1979 to amend the Lane Cove Local Environmental Plan 2009 to give effect to these amendments.

 

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

Against the Motion was Nil (Total 0).

 


 

 

Commuter Delays - Lane Cove Bus Interchange

45

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

1.       Write to the State Minister for Transport and Infrastructure, The Hon. Andrew Constance MP and the Local Member, Hon. Anthony Roberts MP, requesting an additional 2-3 direct bus services during the morning peak to the City to commence at the Longueville Interchange to reduce current bus waiting times;

2.       Investigate options for the inclusion of a Lane Cove underground station in any future expansion of the new Sydney Metro Rail network; and

3.       Request a meeting with the State Minister for Transport and Infrastructure, The Hon. Andrew Constance MP to discuss this important matter.

 

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

Against the Motion was Nil (Total 0).

 

Proposed Road Closure, Northern End Lithgow Street, St Leonards

46

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

1.       Note that following public notification in the North Shore Times, on Council’s website, via eNewsletter and by letters to relevant stakeholders, on balance there are significant community benefits to the proposed closure of the northern end of Lithgow Street and proposed Plaza to be constructed over the rail corridor and the subject section of Lithgow street; and

2.       Make application to the Department of Primary Industries – Lands to formally close as public road the northern end of Lithgow Street, St Leonards as illustrated at AT 1.

 

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

Against the Motion was Nil (Total 0).

 

March 2017 Traffic Committee Meeting

47

RESOLVED on the motion of Councillors Cheong and Brooks-Horn that Council adopt the recommendations of the Lane Cove Traffic Committee meeting held on Tuesday, 28 March 2017.

 

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

Against the Motion was Nil (Total 0).

 

Love Where You Live Event Sponsorship Program

48

RESOLVED on the motion of Councillors Bennison and Brent that Council implements the revised program and timeframe for the Love Where You Live Event Sponsorship Program.

 

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

Against the Motion was Nil (Total 0).

 


 

 

Councillor Representation on Lane Cove Retirement Units Association Board

49

RESOLVED on the motion of Councillors Hutchens and Gold that subject to Councillor Karpin formally resigning from the Board:-

1.       Council appoint Councillor Brooks-Horn as its representative for the Lane Cove Retirement Units Association Ltd Board; and

2.       Lane Cove Retirement Units Association Ltd be informed of Council’s new representative on their Board.

 

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

Against the Motion was Nil (Total 0).

 

Officer Reports for Information

 

Draft State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 - Review

50

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

1.            Council note the report.

2.                  A Councillor Workshop be conducted to outline the submission made in response to this Draft SEPP..

 

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

Against the Motion was Nil (Total 0).

 

Draft State Environmental Planning Policy (Infrastructure) - Review

51

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

1.            Council note the report.

2.            A Councillor Workshop be conducted to outline the submission made in response to this Draft SEPP.

 

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

Against the Motion was Nil (Total 0).

 

Council Snapshot

52

RESOLVED on the motion of Councillors Bennison and Gold that the report be received and noted.

 

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

Against the Motion was Nil (Total 0).

 

Councillor Bennison left the meeting at 07:41pm


 

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

 

Update on the Commercial Terms for the Long Term Lease of 266 Longueville Rd to Design - Construct and Operate a Seniors Living Village

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.

 

53

RESOLVED on the motion of Councillors Brooks-Horn and Gold that Council agree to the commercial terms outlined in the report to design, construct and operate a seniors living village at 266 Longueville Road, Lane Cove under a 99 year lease agreement.

 

For the Motion were Councillors Gold, Hutchens, Brent, Brooks-Horn and Cheong (Total 5).

Against the Motion was Nil (Total 0).

Absent was Councillor Bennison (Total 1).

 

Councillor Bennison returned to the meeting at 07:42pm.

 

Matter of Urgency

Councillor Bennison indicated he wished to raise a Matter of Urgency.

SALE OF NSW LAND AND PROPERTY INFORMATION (LPI)

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

54

RESOLVED on the motion of Councillors Bennison and Gold that the item be considered as a Matter of Urgency.

 

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

Against the Motion was Nil (Total 0).

 

55

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

1.         The General Manager be authorised to liaise with LGNSW regarding making an application pursuant to the Government Information (Public Access) Act 2009 (GIPA), to the Department of Finance, Services and Innovation and any other Department thought appropriate, to obtain the following documents (defined as all paper and electronic form of recorded material) relating to the sale of NSW Land Property Information (LPI) to the effect that:-

a.      The names of all entities that tendered for the purchase of LPI and that remain under consideration;

b.      The names of any entities to whom “authorized concession agreements” have been granted, or are presently being considered to be granted pursuant to the Land and Property Information NSW (Authorized Transaction) Bill 2016;

c.      all documents provided to prospective tenderers or purchasers relating to the tendering or sale process of LPI;

d.      all documents provided by prospective tenderers or purchasers in response to the request for tender or sale process of LPI;

e.      documents showing consultation with or requests made to the Federal Attorney General and/or the Federal Treasurer relating to foreign investment rules, foreign ownership of security risk assets;

f.       documents showing evaluation of any security risks to property by ownership of LPI passing to foreign ownership, and in particular foreign ownership in uncontrolled tax and security environments such as the Cayman Islands;

g.      the request for tender for the appointment of the reviewer of the tenderers or proposed purchasers of LPI that resulted in the appointment of Mr Rory O’Connor of O’Connor Marsden & Associates;

h.      the tenderers to the appointment at g;

i.       if no tender was conducted in the terms at e, the reasons this was deemed unnecessary, and a detailed list of all candidates considered for the appointment to the role to which Mr Rory O’Connor of O’Connor Marsden & Associates has been appointed;

j.       documents showing consideration of the appointment of Rory O’Connor of O’Connor Marsden & Associates given the findings in ICAC of his reviewed decision on the conduct of Mr Ian McDonald in or about 2010 in respect of a coal mining lease; and

k.      any other matter relevant to the sale of LPI thought fit.

2.         The General Manager write to the NSW Premier the Hon. Gladys Berejiklian MP and request that the sale be deferred until such time that:-

a.      the NSW Upper House has conducted and finalizes a Parliamentary Inquiry into the sale of LPI; and

b.      the Federal Attorney General and/or Treasurer has provided written advise that states the sale of the LPI is not in conflict with the principles of the foreign investment rules in that any monopoly created will not impact on the constituents of NSW nor any proposed sale to entities with foreign ownership is in the national interest and that no profits will be shifted offshore.

3.         The General Manager write to the members of the NSW Legislative Council (Upper House) and request a Parliamentary Inquiry in the sale of the LPI;

4.         The General Manager write to the Federal Attorney General, Senator the Hon. George Brandis QC and the Federal Treasurer the Hon. Scott Morrison MP and seek their intervention to defer any sale of LPI until such time that:-

a.      the NSW Upper House has had time to investigate the sale; and

b.      The Federal Attorney General and Treasurer have themselves reviewed the proposed sale having regard to the Foreign Investment rules specifically investigating whether a monopoly ownership of NSW land titles and/or any foreign ownership in is in National Interest and provided an undertaking that no profits will be shifted offshore; and

c.      provided written advice to the NSW State Government on their support or non support for the sale of LPI and basis for their opinion including their views on (a) and (b).

5.         The General Manager send a copy of this motion to the Federal Senate crossbenches.

 

 

 

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

Against the Motion was Nil (Total 0).

 

 

CLOSE

 

The meeting closed at 7.50pm

 

Confirmed at the Ordinary Council Meeting of Monday, 15 May 2017, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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