14 July 2012, 8:30am
Notice of Meeting
Notice is given of the Inspection Committee, to be held in the onsite on Saturday 14 July 2012 commencing at 8:30am. The business to be transacted at the meeting is included in this business paper.
The Inspection Committee inspects sites in order for Councillors to inform themselves and listen to any person who has an issue or concern about the proposal. It is appropriate that any debate and decision take place at a Council Meeting, not onsite.
Councillors enter premises at the invitation of the property owner/occupier, and Council encourages the property owner/occupier to allow relevant third parties to accompany the Committee on its inspection.
The Committee is governed by Council’s Code of Meeting Practice, and no recording of the meeting is allowed.
Committee Meeting Procedures
The Inspection Committee Council meeting is chaired by the Mayor, Councillor Win Gaffney. Items referred to the Committee are referred to a Council or Committee Meeting for determination. Minutes of Council and Committee meetings are published on Council’s website www.lanecove.nsw.gov.au by 5pm of the Thursday following the meeting.
The Meeting is conducted in accordance with Council's Code of Meeting Practice. The order of business is listed in the Agenda on the next page. That order will be followed unless Council resolves to modify the order at the meeting.
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Officer Reports for Determination
1. Reclassification of Reserves
Commences at 89 Centennial Avenue Lane Cove (8.30am)
Subject: Reclassification of Reserves
Record No: SU4468 - 33795/12
Division: Environmental Services Division
Author(s): Stephanie Bashford
At the Council Meeting on 18 June 2012, Council considered a report on the Public Hearing into a Draft Planning Proposal to reclassify a number of drainage reserves. At this meeting Council resolved in part to defer consideration of three reserves for a site inspection on 16 July 2012. A copy of the Public Hearing Report is shown attached as AT-1.
A report was considered by Council on 18 June 2012 relating to the planning proposal to reclassify twelve drainage reserves and one public reserve from community to operational land under the Local Government Act. This followed public exhibition and a public hearing conducted by Dr Ian Ellis-Jones on 31 May 2012.
The conclusions of the Public Hearing Report were that:-
On 18 June, Council deferred determination of these three sites pending an Inspection Committee on 14 July. This included deferring the proposal to remove the restriction as to user and standard caveat relating to fencing for the Fleming Street reserve, and removal of public reserve status.
Council adopted this recommendation and resolved not to proceed to reclassify these reserves.
Determination of the Three reserves
The three reserves referred to the Inspection Committee will be subject of a separate report to Council. This report will be prepared after the Inspection Committee and distributed at the Council Meeting on 18 July.
Public Hearing Report Recommendations
Dr Ian Ellis-Jones has pointed out in respect of the three reserves inspected that his report stated:-
“I am of the view that the following parcels of land could be reclassified as operational land with little or no detriment to the local community and the wider public…I fall short of making a “positive” recommendation to Council that the land be actually reclassified as operational land---I will leave that to Council” (page 11).
While the Council report’s Discussion section correctly stated that the recommendations were that those lands “could be reclassified to operational”, and the Public Hearing Report was published in full as an attachment to the report, Councillors are requested to note a correction to the Executive Summary and Conclusions of staff report of 18 June in relation to the above three sites which should have clarified that the Public Hearing Report recommended that these three reserves could (not should) proceed to operational classification. An apology has been made to Dr Ian Ellis-Jones for this error.
Council is requested to determine the classification of the three reserves at 89A Centennial Avenue, 26A Garling Street and Fleming Street, having regard to the foregoing reports, including that of Dr Ian Ellis-Jones, and the observations of the Inspection Committee held on 14 July.
If Council resolves to reclassify the reserves to operational including the Fleming Street reserve, Council is requested to resolve also, as recommended on 18 June, to remove the restriction as to user and standard caveat relating to fencing for the Fleming Street Reserve, and to request the Department to remove the public reserve status, to facilitate the administration of the reclassification.
Council is asked additionally to note that the Public Hearing Report recommendation was that those three reserves could be reclassified to operational, but did not state that they should be reclassified.
1. Amend the planning proposal to remove the restrictions as to user and standard caveat i.e. Standard Caveat K200000P and Q23852 applying to the public reserve in Fleming Street (Lot 9 DP 253441).
2. Request the Department of Planning & Infrastructure to reclassify the following three reserves to operational from community land:-
a. 89A Centennial Avenue and Hallam Avenue (Lot 114, DP 9653);
b. 26A Garling Street (Lot 13, DP 19114); and
c. Fleming Street (west of 29A) (Lot 9 DP 253441)
and to remove public reserve status including obtaining any appropriate approval of the Governor under section 30(2) of the Local Government Act 1993.
Environmental Services Division
Report of Public Hearing