Council Meeting

6 December 2016

 

 

Minutes of Ordinary Council Meeting

held at Ashfield Service Centre on 6 December 2016

 

 

Meeting commenced at 6:30pm

 

Present:

Richard Pearson

Administrator

Rik Hart

Interim General Manager

Peter Gainsford

Deputy General Manager Assets and Environment

John Warburton

Deputy General Manager Community and Engagement

Michael Tzimoulas

Deputy General Manager Chief Financial and Administration Officer

Joe Strati

Group Manager Legal

Nellette Kettle

Group Manager Integration, Customer Service and Business Excellence

Wal Petschler

Group Manager Footpaths, Roads, Traffic and Stormwater

Simone Schwarz

Group Manager Communications, Engagement and Events

Pav Kuzmanovski

Group Manager Finance

Tanya Whitmarsh

Group Manager Governance

Phil Sarin

Director Planning and Environment

Popy Mourgelas

Manager Corporate Governance, Ashfield

Ian Naylor

Manager Governance & Administration, Leichhardt

Gill Dawson

Manager Environment and Urban Planning, Leichhardt

Lyn Gerathy

Manager Property and Commercial Services, Leichhardt

Katerina Maros

Governance Officer, Leichhardt (Minute Taker)

 

 

Public Speakers: see last two pages of these minutes.

1. Acknowledgement of Country by Chairperson

“I acknowledge the Gadigal and Wangal people of the Eora nation on whose country we are meeting today, and their elders past and present.”

 

2. Notice of Live Streaming of Council Meeting

 

The Administrator advised that the Council meeting was being streamed live on Council's website and members of the public must ensure their speech to the Council is respectful and use appropriate language.

 

3. Disclosures of Interests

 

The Administrator declared that he had no declarable interests in any matter listed on the business paper.


4. Confirmation of Minutes

 

The Administrator confirmed the Minutes of the Council Meeting held on Tuesday, 25 October 2016.

 

 

C1216 Item 26    Administrator's Minute: Westconnex - Traffic In Local           Neighbourhoods And Streets And Assessing Stage 3 Impacts

The Administrator determined that:

 

1.         Council immediately commission a study, including appropriate traffic modelling, to      assess the impacts each stage of WestConnex will have on residential    neighbourhoods and streets following the progressive opening of each stage of        WestConnex;

 

2.         The study recommend appropriate traffic management measures to respond to the      impacts predicted to occur and Council use this to lobby the State Government to   oppose WestConnex and fund the implementation of required measures which are to     be put in place prior to any stages of WestConnex opening to traffic;

 

3.         Council ensure that the study addresses what the impacts on Stage 1          (Haberfield/Ashfield) and Stage 2 (St Peters/Tempe) residential environments will be          with and without Stage 3 of WestConnex, in order to shape Council’s and the     community’s final position on Stage 3;

 

4.         Council engage specialist consultants in the areas of engineering, air pollution,     transport and other key disciplines to undertake a detailed assessment of key issues        to inform Council's submissions on the Stage 3 design plans and EIS;  

 

5.         Council allocate $250,000 for traffic modelling studies and $250,000 for specialist         consultants to be funded in the next quarterly budget review; and  

 

6.         Council hold a public meeting to inform the community of the studies being          undertaken  for Council in relation to Stage 3 of the WestConnex project.

 

 

 

 

C1216 Item 1      Minutes of LRAC Meeting Held 8 November 2016 and IAG Meeting held 10 November 2016

The Administrator determined that the:

 

1.       minutes of the LRAC Meeting held on 8 November 2016 be noted;

 

2.       revised LRAC Terms of Reference shown as Attachment 2 be adopted; and

 

3.       minutes of the IAG Meeting held on 10 November 2016 be noted.

 

 

 


 

C1216 Item 2      Exhibition Draft Comprehensive Inner West DCP for Ashbury, Ashfield, Croydon, Croydon Park, Haberfield, Hurlstone Park And Summer Hill

 

The Administrator determined that:

 

1.       Council note the submissions raised in submissions received during the public exhibition of the draft DCP and that in accordance with Part 3, Section 21 of the Environmental Planning and Assessment Act Regulation 2000 these issues have been adequately considered by Council;

2.       the General Manager be authorised to make minor amendments to the DCP recommended in the report and any minor clerical amendments to the DCP which do not change the content and intent of the document;

3.       in accordance with Part 3, Clause 21 of the Environmental Planning and Assessment Act Regulation 2000, Council endorse and give public notice of the adoption of the Inner West Comprehensive DCP for Ashbury, Ashfield, Croydon, Croydon Park, Haberfield, Hurlstone Park and Summer Hill as shown at Attachment 1 and amended by resolution (2), and give public notice in the local newspaper within 28 days of Council’s resolution;

4.       Council give notice in the local newspaper of the repeal of the Ashfield Development Control Plan 2007, Pursuant to Part 3, Clause 23 of EPA Act Regulation 2000; and

5.       Council provide the Secretary of the Department of Planning and Environment the DCP Plan pursuant to Part 3, Clause 25 AB of EPA Act Regulation 2000.

 

 

 

 

C1216 Item 3      39 Smith Street Summer Hill - Planning Proposal

 

The Administrator determined that:

 

1.      Council resolve to progress a Planning Proposal to amend Ashfield Local Environmental Plan (LEP) 2013 to delete Heritage Item no 620, from Schedule 5 Environmental Heritage of the Ashfield LEP 2013; 

 

2.      Council forward the Planning Proposal to the Department of  Planning and Environment for Gateway Determination to allow the LEP plan amendment process to commence under Section 56 of the Environmental Planning and Assessment Act 1979 (EP&A Act);

 

3.      Council resolve to request The Department of Planning and Environment to issue written authorization to Council’s General Manager to exercise and implement delegations in accordance with Section 23 of the EP& A Act 1979 to facilitate the plan making process following the Gateway determination;

 

4.      following the Gateway Determination by the Department of Planning and Environment, the Planning Proposal be progressed by Council, be put on formal public exhibition, and procedures carried out as required under the EP& A Act 1979; and   

    

5.      people who made a submission as part of the preliminary community engagement process be advised of Council’s decision.

 

 

 

C1216 Item 4      Statement of Vision and Priorities

 

The Administrator determined that Council adopt the Statement of Vision and Priorities for the purpose of community review subject to the following change;

 

That Priority 4 - Sustainability and Environment be amended to add an additional dot point to read ‘Protecting and enhancing our natural heritage’.

 

 

 

C1216 Item 5      Parramatta Road Urban Transformation Strategy 2016

 

The Administrator determined that:

 

1.       The report be noted and a further report be brought back to the February 2017 Council Meeting with a more detailed analysis;

 

2.       Council work collaboratively with Strathfield, Burwood, Canada Bay and City of Sydney councils in advocating for provision of centre running public transport on Parramatta Road from “Day 1”;

 

3.       Council work collaboratively with other councils along the Corridor to adopt a consistent approach to assessing planning proposals where proponents want to use the Out of Sequence Check List; and  

 

4.       An urgent meeting be sought with the Department of Planning & Environment and Greater Sydney Commission to resolve the implications of having to consider planning proposals prior to the required precinct wide studies and planning being completed.  .

 

 

 

 

C1216 Item 6      67 - 73 Lords Road, Leichhardt - Planning Proposal Public Exhibition

 

The Administrator determined that Council:

 

1.   Note that the Planning Proposal to rezone 67-73 Lords Road, Leichhardt from IN2 Light Industrial to R3 Medium Density Residential and increase the maximum permissible floor space ratio (FSR) from 1:1 to 2.4:1 has been placed on public exhibition by the (SCPP);

 

2.   Endorse the attached draft submission (Attachment 3) which strongly objects to the Planning Proposal and recommends that the SCPP not support the proposal;

 

3.   Requests the SCPP to extend the public exhibition of the Planning Proposal by a further 28 days given the timing of the exhibition period;

 

4.   Request the Sydney Central Planning Panel as relevant planning authority holds a hearing on the issues raised in this submission under section 57(5) of the Environmental Planning and Assessment Act 1979 No 203; and

 

5.   Hold a public meeting early in 2017 to discuss the Proposal.

 


 

C1216 Item 7      Draft Affordable Housing Policy and Best Practice in Value Capture

 

The Administrator determined that Council:

 

1.   Endorses the draft Affordable Housing Policy and the Position Paper: Best Practice in Value Capture;

2.   Places the draft Affordable Housing Policy and Position Paper: Best Practice Value Capture on public exhibition until 13 February 2017 and, following exhibition, submits a report to Council detailing submissions received and a final Affordable Housing Policy for Council’s adoption;

3.   Send the Affordable Housing Policy and Value Capture paper to the NSW Premier, Prime Minister, NSW Minister for Planning, the economic policy unit of Australian Treasury and the Reserve Bank Governor;

4.   Seeks State Government approval for amendments to SEPP 70 — Affordable Housing (Revised Schemes) to make relevant amendments to its LEP, to enable the levying of Mandatory Affordable Housing Contributions under s94F of the Act to create Affordable Rental Housing in perpetuity;

5.   Note, for the purpose of Mandatory Affordable Housing Contributions, Council’s share of land value uplift will be taken as 15% of Gross Floor Area of the development for developments with a Gross Floor Area of 1,700m2 or greater;

6.   Commits to a target of 30% of all residential development on government owned land in the Bays Precinct to be Affordable Housing and undertakes a fully funded planning study to identify financially viable models to achieve this target;

7.   Prepares a 5-10 year housing action plan to implement the Affordable Housing Policy based on the Policy’s background data and Best Practice in Value Capture position paper, and drawing on existing Council research and plans;

8.   Continues to work with all levels of government and other key stakeholders such as the Greater Sydney Commission and Unions NSW to review the range of definitions of key workers, particularly shift workers;

9.   References its commitment to a 15% affordable housing target in its submission to the Greater Sydney Commission on the recently released District Plan;

10. Continues to advocate to all levels of government and key stakeholders such as the Greater Sydney Commission regarding the need for setting a 15% target for affordable housing in the Inner West LGA; and

11. Allocates funds to undertake an integrated communication strategy to promote the Affordable Housing Policy, including the organisation of a community forum in 2017.

 

The Administrator called a short recess at 9.00pm. The meeting resumed at 9.12pm.

 

The Administration declared that, as no member of the public had indicated they wished to speak to Items 9,15,16,17,18,19, 23, 24 and 25, in accordance with Clause 6.02 of the Code of Meeting Practice, he moved and declared that 9,15,16,17,18,19, 23, 24 and 25 in the Open Council Section of the Business Paper be dealt with en bloc. He further determined to adopt the recommendations contained in the reports for Items 9,15,16,17,18,19, 23, 24 and 25.

 

C1216 Item 9      Expansion of Inner West Outside School Hours Care Services

 

The Administrator determined that Council endorse applications to the NSW Government Before and After School Care Fund for:

 

a)   a grant of $30,000 to expand the existing Camdenville Outside School Hours Care service to create an additional 15 placements; and

 

b)   a grant of $30,000, to expand the existing Marrickville West Outside School Hours Care service to create an additional 30 placements.

 

 

 

C1216 Item 15    Outcomes from Investigations into the Feasibility of Constructing Cricket Nets at Petersham Park

 

The Administrator determined that:

 

1.       The report is received and noted;

2.       Stakeholders are updated on the outcome of investigations into cricket nets at Petersham Park; and

3.       Cricket net facilities be included in any upcoming recreation needs research for the Inner West Local Government Area.

 

 

C1216 Item 16    Sky+Park - Proposed Rooftop Open Space Facility on TFSNW Commuter Carpark, Ashfield

 

The Administrator determined that Council:

 

1.   Not proceed with the proposal to fund an additional level and open space embellishments to the commuter carpark to be constructed by TfNSW adjacent Ashfield Station at this point in time.

 

2.   Seek provision in the current design to cater for the future construction of an additional floor to accommodate open space embellishment or some other Council use in the future.

 

3.   Negotiate an agreement with TfNSW to provide public toilets as part of the proposed car park development and delegate authority to the General Manager to execute an agreement.

 

4.   Consider a budget allocation to fund its contribution to the provision of these public toilets as part of the 2017/18 budget.

 

 

C1216 Item 17    Audited Financial Reports as at 12 May 2016

 

The Administrator determined that Council:

 

1.       Receives and notes the report

 

2.       Receives the final audited reports from the former Ashfield (Attachment 1), former Leichhardt (Attachment 2) and former Marrickville (Attachment 3) Councils financial reports for the period ending 12 May 2016.

 

 

 

C1216 Item 18    EquityFest

The Administrator determined that Council agree to partner with Sydney Local Health District on the inaugural Sydney EquityFest.

 

 

 

 

C1216 Item 19    Fee Waiver Applications for the use of Council Facilities and the Leichhardt Park Aquatic Centre (LPAC) In 2017

 

The Administrator determined that Council:

 

1.       Approve the fee waiver applications submitted by regular annual hirers for use of   Council venues and facilities in 2017 as listed in Attachment 1 and Attachment 2;        and

 

2.       Undertakes a review of Fees & Charges and relevant policies for fee waivers and concessions with a view to consistency, equity and transparency across the LGA.

 

 

 

 

C1216 Item 23    Reporting of Code of Conduct Complaints for Inner West and Former Councils

 

The Administrator determined that Council receive and note this report.

 

 

 

 

C1216 Item 24    Community Grants Contingency Fund for the use of Petersham Town Hall By Dulwich Hill Public School P & C Association

 

The Administrator determined that Council provide $1,000 from the Community Grants Contingency Fund to cover part of the cost of the hire fee of the Petersham Town Hall being the maximum amount allowed under the Community Grants Contingency Fund Guidelines

 

 

Reports with Confidential Information

 

C1216 Item 25    Sale of Closed Road to Adjacent Owners – Part Yeend Street Birchgrove

 

The Administrator determined that Council sell the closed part of Yeend Street behind 16 Ballast Point Road to the owners of that property (as per Leichhardt Council resolution C68/14) for a price calculated as set out in confidential attachment 1.

 

 


Procedural Motion

 

The Administrator determined that Item 20 be brought forward and considered at this time.

 

C1216 Item 20    Proposed Schedule For Council Meetings 2017

 

The Administrator determined that the:

 

1.       Ordinary Council meetings be held at Ashfield Service Centre on 28 February, 28 March and 26 April 2017; 

 

2.       Ordinary Council meetings be held on 23 May, 27 June and 25 July 2017 and the venue of the meetings be determined at a later stage; and 

 

3.       Ordinary Council meetings be held on 26 September, 24 October, 21 November and      12 December 2017 and the venue of the meetings be determined by the new Council.  

 

 

 

 

C1216 Item 8      Draft Homelessness Policy: Responding to Rough Sleeping in the Inner West

 

The Administrator determined that the “Draft Homelessness Policy: Responding to the needs of homeless people in the Inner West Community” be placed on public exhibition from 14 December 2016 to 30 January 2017.

 

 

 

 

C1216 Item 10    Stronger Communities Fund Major Projects Program

 

The Administrator determined that Council adopt the schedule of projects as assessed by the Stronger Communities Fund Assessment Panel, in accordance with the preferred option with the highest community support with a focus on recreation and sustainability and submit this to the Office of Local Government as Inner West Councils’ three year plan for allocating the $14m Stronger Communities Fund.

 

 

 

 

C1216 Item 11    Floor Space Ratio (FSR) Review - Post-Gateway Determination Review 

 

The Administrator determined that Council:

 

1.       Notes the Post-Gateway Review that has been issued; and

2.       Amends the planning proposal to be consistent with Option 3 of the FSR Review and proceed to public exhibition in accordance with Gateway Determination requirements.

 

 

 


 

C1216 Item 12    Planning Proposal for Small Bars: Leichhardt LEP 2013 & Leichhardt DCP 2013 Amendments Public Exhibition Community Consultation

 

The Administrator determined that:

 

1.       The report and attached Planning Proposal and Leichhardt Development Control Plan 2013 Amendment be noted.

 

2.       Council resolves to adopt the amended Small Bars Planning Proposal to amend Schedule 2 of the Leichhardt Local Environmental Plan 2013 for a change of use exemption between small bars, restaurants and cafes in the B2 Local Centre zone.

 

3.       Council forwards the amended Planning Proposal to the Department of Planning and Environment and requests that it makes arrangements for the publication of LLEP 2013 amendment on the NSW Legislation website. 

 

4.       Council endorses the amended Leichhardt Development Control Plan 2013 in accordance with the requirements of Clause 21 of Environmental Planning and Assessment Regulations 2000 and place a public notice in the local newspaper with the specified date of commencement.

 

 

 

C1216 Item 13    Local Traffic Committee Meeting held on 3 November 2016

 

The Administrator determined that the Minutes of the Local Traffic Committee Meeting held on 3 November 2016 be received and recommendations for Items 1-37 & 39 be adopted.

 

 

URGENCY MOTION

 

The Administrator determined that Items 36, 37 and Late Item regarding Grove Street, Birchgrove of the Local Traffic Committee Meeting held on 1 December 2016 be considered as a Matter of Urgency in accordance with Section 241 (3b) of the Local Government Regulation 2005.

 

 

C1216 Item 27    Local Traffic Committee Meeting Held On 1 December 2016 - Item 36, 37 and Late Item

 

The Administrator determined that the Minutes for Items 36, 37 and the Late Item of the Local Traffic Committee Meeting held on 1 December 2016 be received and recommendations for these Items be adopted.

 

 

C1216 Item 14    Open Inner West 2017 Program Recommendations

 

The Administrator determined that:

 

1.       The report be received and noted; and

2.       Council endorse funding for the 15 applications as outlined in Attachment 1, totalling $60,175 for the Open Inner West 2017 Grants Program.

 

3.       Council give further consideration to supporting the Respectful Relationships Project.

 

 

 

C1216 Item 21    Quarterly Budget Review Statement for the Period Ended 30 September 2016

 

The Administrator determined that this matter be deferred.

 

 

 

C1216 Item 22    Inner West Council Investments as at 31 October 2016

 

The Administrator determined that the report be received and noted.

 

 

 

 

 

 

Meeting closed at  10:05pm.

 

 


Public Speakers:

Item 1:

John Stamolis, Leichhardt LRAC 

Balmain

 

Ted Cassidy, Ashfield LRAC

Haberfield

 

Julie Passas, Ashfield LRAC

Ashfield

 

Rochelle Porteous

Balmain

 

 

 

Item 2:

Frank Breen, Leichhardt LRAC

Balmain

 

Alex Lofts, Ashfield LRAC

Summer Hill

 

Rene Holmes

Ashfield

 

Richard Denham

Croydon

 

Julie Passas, Ashfield LRAC

Ashfield

 

Ted Cassidy, Ashfield LRAC

 

Haberfield

Item 3:

Jason Balgi  

Summer Hill

 

Marilyn Lean

Summer Hill

 

Julie Passas, Ashfield LRAC

Ashfield

 

 

 

Item 4:

John Stamolis, Leichhardt LRAC 

Balmain

 

Frank Breen, Leichhardt LRAC

Balmain

 

 

 

Item 5:

Frank Breen, Leichhardt LRAC

Balmain

 

Linda Kelly, Leichhardt LRAC

Leichhardt

 

Hall Greenland

Leichhardt

 

Sharon Carey

Taverners Hill

 

Bob Masters

Newington

 

John Stamolis, Leichhardt LRAC 

Balmain

 

Simon Emsley, Leichhardt LRAC 

 

Leichhardt

Item 6:

Simon Emsley, Leichhardt LRAC 

Leichhardt

 

Colin Menzies 

Haberfield

 

Margot Moore

Leichhardt

 

Jennifer McNamara

Leichhardt

 

Hall Greenland

Leichhardt

 

Sharon Carey

 

Taverners Hill

Item 7:

Mark Drury, Ashfield LRAC

Ashfield

 

Linda Kelly, Leichhardt LRAC

Leichhardt

 

Wendy Hayhurst

Surry Hills

 

Hal Pawson

Petersham

 

Brian Murnane

Lewisham

 

Simon Emsley, Leichhardt LRAC

Leichhardt

 

Ted Cassidy, Ashfield LRAC

Haberfield

 

 

 

Item 8:

John Stamolis, Leichhardt LRAC 

Balmain

 

Linda Kelly, Leichhardt LRAC

Leichhardt

 

Lucille McKenna, Ashfield LRAC

Summer Hill

 

Alex Lofts, Ashfield LRAC

Summer Hill

 

 

 

Item 10:

Mark Drury, Ashfield LRAC

Ashfield

 

 

 

Item 11:

John Stamolis, Leichhardt LRAC 

Balmain

 

 

 

Item 12:

Linda Kelly, Leichhardt LRAC

Leichhardt

 

 

 

Item 13:

John Stamolis, Leichhardt LRAC 

Balmain

 

 

 

Item 14:

John Stamolis, Leichhardt LRAC 

Balmain

 

 

 

Item 20:

Adrienne Shilling

Petersham

 

John Stamolis, Leichhardt LRAC 

Balmain

 

Hall Greenland

Leichhardt

 

Ted Cassidy, Ashfield LRAC

Haberfield

 

 

 

Item 21:

Mark Drury, Ashfield LRAC

Ashfield

 

 

 

Item 22:

Frank Breen, Leichhardt LRAC

Balmain

 

 

 

Item 26:

Alex Lofts, Ashfield LRAC

Summer Hill

 

Julie Passas, Ashfield LRAC

Ashfield

 

Michelle Price

Not supplied

 

Ted Cassidy, Ashfield LRAC

Haberfield

 

Rochelle Porteous

Balmain 

 

Lucille McKenna, Ashfield LRAC

Summer Hill

 

Bob Masters

 

Newington