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Late Agenda

Ordinary Council Meeting

20 August 2018

The meeting commences at 6.30pm. If members of the public are

not interested in any business recommended to be considered in

Closed Session or there is no such business, Council will ordinarily

  commence consideration of all other business at 7pm.

 

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Ordinary Council 20 August 2018

TABLE OF CONTENTS

 

 

MATTERS RECOMMENDED BY THE GENERAL MANAGER TO BE CONSIDERED IN CLOSED COMMITTEE

 

Confidential Items

 

1.       Update on 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.

2.       Further Report Potential Aquisition of Land

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 and the report discloses the budget for the project. 

 

Mayoral Minutes

 

3.       Mayoral Minute, Drought Assistance - Gunnedah Our Sister City 5

 

4.       Mayoral Minute - 100 Resilient Cities............................................................. 8

 

Petitions

 

5.       Additional Petition  - Removal of Fig Trees on Kingslangley Road    10

 

Officer Reports for Determination

 

6.       2018 Smart Cities Conference ........................................................................ 12

 

7.       Changes to Delegation of Authority - Planning Decisions Involving Submissions Where Conflicts of Interest Exist.................................. 14  

 

 

 

 

           


 

Ordinary Council Meeting 20 August 2018

Mayoral Minute, Drought Assistance - Gunnedah Our Sister City

 

 

Subject:          Mayoral Minute, Drought Assistance - Gunnedah Our Sister City    

Record No:    SU6998 - 50891/18

Division:         Lane Cove Council

Author(s):      Councillor Pam Palmer 

 

 

Executive Summary

                                                              

Ties with Gunnedah were first established in November 2001 when Lane Cove adopted Gunnedah as its Friendship Town under the “Green Hands” Initiative. This program aimed to link metropolitan and country councils where tree planting and other environmental works were needed.

 

In late 2002, the Gunnedah region was being severely affected by the worst drought it had experienced in living memory.  Lane Cove Council rallied to the cause, and the two Councils joined forces to put on a “Drought Breaker” concert at St Ignatius College Riverview.  It featured performances by about 60 of Gunnedah's finest young talents, including musicians, dancers, singers, whip-crackers and gymnasts.  Proceeds from the concert went to the Red Cross Farmhand Drought Relief Appeal.

On the night of the concert, the two Mayors announced a formal Sister City relationship. Since then, the two regions have been developing their ties, through reciprocal visits and communications.

 

Now, once again, Gunnedah is in the grip of a severe drought, one that encompasses all of NSW.  Gunnedah is particularly vulnerable at this time because it has both livestock and cropping.  While livestock are without pasture at the moment, if rains do not arrive then crops will not be planted.

 

I met recently with the Mayor of Gunnedah, Jamie Chaffey, to discuss the best ways that Lane Cove could support its Sister City.  The main concern right now is providing farmers with stock feed which is both scarce and expensive.

 

The good news is that both the State and Federal Governments have recently announced special funding towards drought relief.  A number of non-government bodies are also organising aid.

 

·    Drought Hub NSW provides a one-stop online destination for information on a vast range of services and support available to primary producers, their families and communities to prepare for and manage drought.

 

·    NSW Rural Assistance Authority administers a wide range of assistance measures to the rural sector. These assistance measures are both Commonwealth and state funded.

 

·    Rural Financial Counselling Services is a non-profit organisation that hosts government funded programs to foster regional economic development in the north eastern region of New South Wales. They support eligible farmers, fishers, forest growers, harvesters and small related rural businesses who are suffering financial hardship, and who have no alternative sources of impartial support, to manage and adjust to the challenge of industry and climate change.

·    Roads and Maritime Services is working with the freight and agricultural industries to support access for heavy vehicles carrying larger loads to safely and efficiently move feed, water and stock in drought affected areas.

 

·    Virtual Psychologist offers 24 hour psychological counselling services to drought affected farmers.

 

Donations are being organised locally in the Gunnedah region:

 

·    Rural Women's Network is a state-wide government program within the Department of Primary Industries.

 

·    Country Women’s Association of NSW Drought Aid grants provide assistance to help meet household expenses for drought affected families

 

·    Aussie Helpers provides assistance to primary producers and accepts donations of goods or fodder.

 

·    Rural Aid provides a holistic support program to rural Australia. The starting point for the charity was the success of the Buy a Bale campaign, which to date has received over $4.5 million in donations and distributed this through fodder, hampers and more.

 

·    Drought Angels supports Aussie farmers and their rural communities providing food hampers, care packs, local store vouchers, stock feed and hay.

 

·    Lions Need for Feed has been the major supplier of emergency fodder and transport, outstripping the State Government and other agencies combined. They are supplying the stock and animal feed needs of affected larger properties by semi loads and supplying smaller properties by ute convoys.

 

·    Vinnies NSW Drought Appeal is raising vital funds for rural communities in need with financial aid and emotional support.

 

·    Rotary Club of Gunnedah 2380 is providing vouchers and financial assistance for food, water, petrol, medicine and day to day needs.

 

·    Salvation Army – Gunnedah provides drought affected farmers in remote locations with grocery store vouchers and cash grants.

 

People and organisations in Lane Cove are also showing their generosity.  Local business “In the Cove” is working with local schools, churches, Lane Cove Rotary, Lane Cove Golf Club, Tambourine Bay Scouts, local dance schools and pre-schools.  They are focussing their efforts during the week of 2nd – 9th September, finishing off the week will be the Afternoon Tea for Drought Relief with all money going to Drought Angels.

 

Council has some funds remaining through its Financial Assistance Grants Program that could provide assistance to our Sister City.

 

In addition, Council may be able to support local Lane Cove organisations in their fund-raising efforts in some practical ways.


 

 

RECOMMENDATION

That Council:-

1.   Write to the Mayor of Gunnedah, Mr Jamie Chaffey, pledging Sister City support to the people of Gunnedah during the current drought;

2.   Subject to public consultation, donate $5,000 towards drought relief in the Gunnedah region;

3.   Support local Lane Cove-based campaigns in practical ways in their efforts to raise funds for drought relief;

4.   Update Council’s website with information about Gunnedah-based organisations which are raising funds to assist Gunnedah farmers, families and businesses during the drought.

 

 

 

 

 

Councillor Pam Palmer

Councillor

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


 

Ordinary Council Meeting 20 August 2018

Mayoral Minute - 100 Resilient Cities

 

 

Subject:          Mayoral Minute - 100 Resilient Cities    

Record No:    SU5089 - 50897/18

Division:         Lane Cove Council

Author(s):      Councillor Pam Palmer 

 

 

Discussion

                                                              

Two years ago Sydney was selected as one of the Rockefeller Foundation 100 Resilient Cities.  The program covers metropolitan Sydney and is hosted at the City of Sydney.  Lane Cove Council has been working with representatives from all Sydney metro Councils to develop the Sydney Resilience Plan.

 

Councillors were briefed on Sydney’s Resilience Plan on 2nd July by City of Sydney representatives.

 

On 24th July I attended the Mayoral Roundtable for the public release of the Resilient Sydney Strategy, the culmination of the two year collaboration across all the councils in metropolitan Sydney, state government, business and communities.  The Strategy provides a roadmap for organisations to work together beyond our boundaries to ensure our communities are inclusive, connected and resilient in the face of disruption and disasters.

 

Through Resilient Sydney, Lane Cove has been connected to the 100 Resilient Cities around the world. We are part of a global network developing strategies to address issues such as public health, housing affordability and infrastructure, as well as the sudden impact of heatwaves, bushfires or cyber-attacks.

 

Please find attached, a letter from Michael Berkowitz, President 100 Resilient Cities, congratulating Sydney on the release of its strategy

 

 

 

RECOMMENDATION

 

That Council receive and note the report.

 

 

 

 

 

 

Councillor Pam Palmer

Councillor

 

 

ATTACHMENTS:

AT‑1View

Letter from Michael Berkowitz President 100 Resilient Cities

1 Page

 

 

 


ATTACHMENT 1

Letter from Michael Berkowitz President 100 Resilient Cities

 

PDF Creator

 


 

Ordinary Council Meeting 20 August 2018

Additional Petition  - Removal of Fig Trees on Kingslangley Road

 

 

Subject:          Additional Petition  - Removal of Fig Trees on Kingslangley Road     

Record No:    SU6209 - 50892/18

Division:         Open Space and Urban Services Division

Author(s):      Ted Webster 

 

 

Executive Summary

 

This report provided information on a further petition from 310 people calling for an alternate replacement species of tree. The replacement species were selected as per Council’s DCP and Street Masterplan, accordingly no change to the proposed species is supported.

 

Background

 

As per the report already on the Council Agenda, the three (3) Hills Weeping Figs located on the nature strip in Kingslangley Road were removed. Council is in receipt of a petition with 310 signatures requesting that Council heritage list Fig trees throughout Greenwich, that the three (3) removed Fig trees removed in Kingslangley Road be replaced, that Council consult with residents regarding the replacement of the trees, that the trees be replaced with canopy/flowering/fruit bearing trees and that fasting growing canopy trees be planted beside the school bus shelter on Kingslangley Road. 

 

 

Discussion.

 

The petition effectively calls for Council to change the proposed replacement species of trees.

 

Councils Development Control Plan (DCP) Part J states that:

 

Only indigenous trees and shrubs are to be planted in public Open Space, street planting etc,

excepting:

 

in special circumstances: for example, landscaping associated with Items of Landscape

Significance listed in the Heritage Register; and

 

in Lane Cove Plaza and in planter boxes on Longueville Road and Burns Bay Road.

Indigenous means, those trees, shrubs and plants occurring naturally in the Lane Cove area.

 

The type of tree is to be determined by consideration of the form, ultimate height and canopy density of the tree. In general, open canopied trees are recommended. The location and density of tree planting to take into account traffic hazards, availability of winter sun, views and utility services.

 

Council’s Street Tree Masterplan examined each street in the Local Government Area and determined appropriate species compliant with the DCP. It was the subject of extensive community consultation, and has been progressively implemented since its adoption in 2014. The recommended species in the Masterplan for Kingslangley Road are: Angophora costata Eucalyptus botryoides Eucalyptus saligna Syncarpia glomulifera Eucalyptus haemastoma (in front of power).

 

To replace the trees (in a two to one ratio), Council is proposing and has ordered Turpentine trees, Syncarpia glomulifera , which are one of the more stable trees in the Myrtaceae family with infrequent branch drop and are indigenous to the Lane Cove area. The adjacent school currently has a large number of the same tree.

 

Many of the trees mentioned in the petition are exotics and not normally planted on Council owned land. The general principle is that by planting species endemic to Lane Cove the local character will be retained. The Plane Tree, Platanus acerifolia, has the same aggressive roots of the Figs that were just removed. It is also not recommended that the Fig trees be replaced with Figs as the same problems with reoccur in the future.

 

The Fig trees removed were Ficus macrocarpa ‘Hillii’ which is not one of the Figs eligible to be Heritage listed as per the Street Tree Master Plan which reads:

 

All mature Moreton Bay and Port Jackson Fig trees that are prominent in the landscape will be considered to be landmark trees.     

 

At this stage there is no plan to plant additional trees next to the school bus stop.

 

Conclusion

 

Council is replacing the three trees removed in a two to one ratio, as per its adopted policy, and the Street Tree Masterplan. The use of endemic species will ensure the character of Lane Cove is maintained and exotics are not prevalent in the public domain.

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Martin Terescenko

Executive Manager - Open Space and Urban Services

Open Space and Urban Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

           


 

Ordinary Council Meeting 20 August 2018

2018 Smart Cities Conference

 

 

Subject:          2018 Smart Cities Conference     

Record No:    SU6998 - 50728/18

Division:         Corporate Services Division

Author(s):      Simon Cole 

 

 

Executive Summary

 

The 2nd Annual Smart Cities Series, is an initiative of the Public Sector Network and will bring together government leaders, innovators, thinkers, financial and educational institutions as well as technology providers to network and discuss opportunities for expanding and evolving cities. The event will be held in the Sydney CBD on 29th October 2018.  The recommendation of this report is to authorise the attendance of interested Councillors at the event.

 

Background

 

The event is being held in partnership with KPMG, and supported by the Australian Smart Communities Association (ASCA), and the Smart Cities Council ANZ. 

 

Speakers will address the challenges faced by our cities and regions, and look to build effective governance frameworks to deal with the changes that we will experience with new operating models and technologies.

 

Discussion

 

The agenda for the Sydney event includes presentations from sector leaders in setting priorities for our cities and think tanks on leadership, collaboration and challenges together with interactive sessions on local government, governance and technology. 

 

Funds are available for attendance by Councillors as part of their Councillor Professional Development.  The cost for attendance is $99 each (first release) or $199 (second release). 

 

Further event details can be found at https://events.publicsectornetwork.co/

 

Conclusion

 

The event provides an opportunity for professional development for Councillors to better understand the “internet of things” (IoT) and the challenges and opportunities ahead for local government.

 

RECOMMENDATION

 

That available Councillors be authorised to attend the 2nd Annual Smart Cities Series in Sydney on 29th October 2018.

 

 

 

Craig Dalli

Executive Manager - Corporate Services

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.


 

Ordinary Council Meeting 20 August 2018

Changes to Delegation of Authority - Planning Decisions Involving Submissions Where Conflicts of Interest Exist.

 

 

Subject:          Changes to Delegation of Authority - Planning Decisions Involving Submissions Where Conflicts of Interest Exist.    

Record No:    SU6600 - 50744/18

Division:         General Managers Unit

Author(s):      Jessica Quilty; Craig Wrightson 

 

 

Executive Summary

 

From 1 March, 2018 the Environmental Planning & Assessment Act required all Development Applications to be determined by Council Staff or the Local Planning Panel (which replaced Council’s IHAP). The role out of the new arrangements overrode Council’s previous referral criteria, which allowed the General Manager to refer items such as conflicts of interest, contentious, complex or matters in the public interest. Council has requested reinstatement of this referral power, however to date no response has been received. As a work around to address the issue of Conflicts of Interest where a person lodges a submission in response to a Development Application  it is recommended that the delegation to the General Manager be revoked for all such applications, which by default requires the matter to be determined by the Local Planning Panel.

 

Background

 

From 1 March, 2018 the Environmental Planning & Assessment Act required all Development Applications to be determined by Council Staff or the Local Planning Panel (which replaced Council’s IHAP).

 

As part of the implementation of the new Local Planning Panels (LPP), a Minister’s Directive was released which defined which matters were to be referred to the LPP (including where certain persons are the applicant or owner of the land which is the subject of the application) and also included a provision for Council’s to adopt a Submissions Policy, for additional items to be referred.

 

Council at its 19 March 2018 meeting adopted a Submissions Policy, consistent with the previous IHAP arrangements,  to refer additional Development Applications to the planning panel which the General Manager considers there is a conflict of interest, contentious, complex or in the public interest. Council subsequently sought approval for the Policy, however Council is yet to receive a response from the Department of Planning.

 

Discussion

 

While the Minister’s Directive requires the referral of Development Application for determination of the person outlined below where they are the applicant or owner, it does not cover off where such person has a Conflict of Interest and lodges a submission in relation to a Development Application. Currently, any person who feels that their property or locality may be adversely impacted by a proposed development can make a written submission in response to a development application. However, a conflict of interest arises when the person is:

 

a)      the Council,

b)      a Councillor,

c)      a member of Council staff who is principally involved in the exercise of Council's functions             under the Environmental Planning and Assessment Act 1979,

d)      a member of Parliament (either the parliament of New South Wales or Parliament of the    Commonwealth), or

e)      a relative (within the meaning of the Local Government Act 1993) or a person referred to in             (b) to (d)

 

In the absence of the approval for Council’s Submission Policy, it is appropriate to address the issue of potential Conflicts of Interest. Therefore, going forward, it is recommended that in cases where a person outlined above makes a submission on a development application in which they have a pecuniary or non pecuniary significant conflict of interest (as defined in Council’s Code of Conduct) the application and any review thereof should be considered by the Local Planning Panel. 

 

To facilitate this outcome, Council can amend the delegation to the General Manager, as the Minister’s Directive which established the referral criteria for the LPP states:-

 

“If a council to which this direction applies has not delegated the function of determining a development application to an officer or employee of the council, then the local planning panel is to determine the development application.”

 

Council last adopted the General Manager’s delegation at its Ordinary Meeting held on the 19 February 2018. The parts relevant to the Environmental Planning & Assessment Act, 1979 are as follows:-

 

“That Council pursuant to the powers of delegation conferred to it by Section 377 and Section 381 of the NSW Local Government Act, 1993, and pursuant to every other power it hereunto enabling, Lane Cove Council, hereby delegates to the holder for the time being of the office of General Manager the power to exercise all the functions, powers, duties and authorities conferred upon the Council pursuant to:-

....

2.   The Environmental Planning & Assessment Act, 1979;

....

Always subject to any resolution made from time to time by Lane Cove Council and provided that such delegation of powers shall not be deemed to be extended to:

....

vi.   Adoption of Local Environmental Plans (other than where the relevant Minister has delegated such authority to the General Manager), development control plans and S94 contribution plans pursuant to the Environmental Planning Assessment Act 1979;

....”

 

It is proposed that the limitation, vi, be amended to read:-

 

vi.   In relation to the Environmental Planning Assessment Act 1979:-

a.         Adoption of Local Environmental Plans (other than where the relevant Minister has delegated such authority to the General Manager;

b.         Development Applications where a submission is received from a person referred to the Minister for Planning’s Directive in relation to Local Planning Panels – Development Applications as having ‘Conflicts of Interest’, and such person has a pecuniary or non pecuniary significant conflict of interest (as defined in Council’s Code of Conduct);

c.         Development Control Plans; and

d.         Developer contribution plans;

....”

 

Conclusion

 

 

To ensure that transparency of the decision making process for Development Applications when a conflict of interest arises, it is necessary that the General Manager’s Delegation of Authority is revoked in respect of such applications to achieve this outcome, as Council has not received a response to Council’s request for a Submission Policy which would provide the same outcome.

RECOMMENDATION

 

That:

 

1.         The report be received and noted; and

 

2.         Council pursuant to the powers of delegation conferred to it by Section 377 and Section 381 of the NSW Local Government Act, 1993, and pursuant to every other power it hereunto enabling, Lane Cove Council, hereby delegates to the holder for the time being of the office of General Manager the power to exercise all the functions, powers, duties and authorities conferred upon the Council pursuant to:-

1.    The NSW Local Government Act, 1993;

2.    The Environmental Planning & Assessment Act, 1979;

3.    State Emergency & Rescue Management Act 1989;

4.    All other Acts, whatsoever under which Council has functions, powers, duties and authorities; and

5.    All regulations, by-laws, rules and the like made by, or under any other Act referred to in 1, 2, 3 or 4 above.

Always subject to any resolution made from time to time by Lane Cove Council and provided that such delegation of powers shall not be deemed to be extended to:

i.     Any of the matters expressly reserved to the Council in Section 377 of the Local Government Act, 1993;

ii.     The alteration of the meeting cycle of Council;

iii.    The overview and direction of business activities;

iv.   The role of the Mayor as provided for and determined under Section 226 of the Local Government Act 1993;

v.    Major unique items where no policy, practice or code of the Council exists;

vi.    In relation to the Environmental Planning Assessment Act 1979:-

a.  Adoption of Local Environmental Plans (other than where the relevant Minister has delegated such authority to the General Manager;

b.  Development Applications where a submission is received from a person referred to the Minister for Planning’s Directive in relation to Local Planning Panels – Development Applications as having ‘Conflicts of Interest’, and such person has a pecuniary or non pecuniary significant conflict of interest (as defined in Council’s Code of Conduct);

c.  Development Control Plans; and

d.  Developer contribution plans;

vii.   Adoption of Council policies and codes;

viii.  Items in respect of which the Mayor or a Councillor has specifically requested the General Manager, in writing, to place before Council for determination by Council;

ix.   Items in respect of which Council has specifically resolved that they be placed before Council;

x.    The acceptance of tenders which will have significance to the Lane Cove Community; and

            xi.    Write off debts above $1,000.

 

 

 

 

Craig Wrightson

General Manager

General Managers Unit

 

 

ATTACHMENTS:

There are no supporting documents for this report.