Header Logo

Council Meeting

25 July 2017

 

 

Minutes of Meeting

 

Meeting commenced at  pm

 

 

Present:

Richard Pearson

Administrator

Rik Hart

Interim General Manager

Peter Gainsford

Deputy General Manager Assets and Environment

Michael Tzimoulas

Deputy General Manager Chief Financial and Administration Officer

John Warburton

Deputy General Manager Community and Engagement

Tanya Whitmarsh

Group Manager Governance

Rad Miladinovic

Coordinator Governance and Administration (Minute Taker)

 

 

 

 

 

 

 

 

 

 

 

Public Speakers:         see last page 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.

 

 

DISCLOSURES OF INTERESTS:          Nil.

 

 

CONFIRMATION OF MINUTES

 

That the Minutes of the Council Meeting held on Tuesday, 27 June 2017 be confirmed.

 

 

 

 

 

C0717 Item 1      Administrator's Condolence Motion: The Late Mr Rae Jones former Mayor Ashfield

Motion:

 

THAT Council:

1.    Express its condolences to the family of Mr Rae Jones, his wife Helen, children Karey, Alyse and Bevan and grandchildren Caleb, Caspian and Sascha; and

2.    In consultation with the Jones family, investigate options to remember Rae.  This could include a bench or seat in a local park, a tree or other suitable memorial.

 

 

C0717 Item 2      Administrator's Condolence Motion:  The Late Mr Peter Bonsall-Boone (Bon)

MoTION:

 

THAT Council:-

 

1.    Acknowledges Mr Peter Bonsall-Boone’s (Bon’s) many years of community service; and

 

2.    In consultation with Bon’s partner, investigate options to remember Bon.

 

 

C0717 Item 3      Administrator's Condolence Motion:  The Late Edward (Ted) Floyd

Motion:

 

THAT Council:-

 

1.   Acknowledges the significant contributions made by Ted Floyd; and

2.   In consultation with the Mr Floyd’s family, investigate options to remember Ted.  This could include a bench or seat in a local park, a tree or other suitable memorial.

 

 

C0717 Item 4      Implementation Advisory Group Meeting held on 6 July 2017

RECOMMENDATION

 

THAT:

 

1.    The Minutes of the IAG meeting held on 6 July 2017 be noted; and

 

2.   The Minutes of the LRAC Meeting held on 11 July 2017 be noted.

 

 

C0717 Item 5      WestConnex Update Report: Draft submission on M4-M5 Link Concept Design, Local Area Traffic Improvement Strategy & Extension of Funding for Community Organiser Position

RECOMMENDATION

 

THAT Council:

 

1.       Receives and notes this report;

 

2.       Makes a submission on the M4-M5 Link Concept Design; and

 

3.       Extends the current 12-month round of funding for the WestConnex Community Organiser position by four weeks.

 

 

 

 

C0717 Item 6      Evaluation and proposed outcomes of trial off leash areas at Johnson Park, Morton Park and Petersham Park.

RECOMMENDATION

 

THAT:

 

1.       The report be received and noted;

2.       The trial dog off leash areas at Johnson Park, Dulwich Hill; Morton Park, Lewisham; and Petersham Park, Petersham be made permanent;

3.       The time restrictions at Johnson and Petersham Parks are aligned consistently allowing off leash use from 6am to 9am and 5pm to 8pm during daylight saving and 4pm to 7pm during non-daylight saving;

4.       That appropriate works including signage and relevant infrastructure are undertaken in the 2017/18 program of upgrades to dog off leash areas;

 

5.       The design considerations outlined in this report are considered in upcoming capital works programs and in the development of the upcoming Plan of Management and Master Plan for Dulwich Hill Parklands;

 

6.       All residents who have provided feedback during the trial and evaluation process are notified of Council’s decision; and

 

7.       Council allows the suspension of dog off leash areas for the purposes of holding Council run community events wherever applicable in the Council area.

 

 

C0717 Item 7      120c Old Canterbury Road Summer Hill - Planning Proposal

RECOMMENDATION

THAT:

 

1.       The Planning Proposal be amended to Council’s satisfaction addressing the recommendations outlined in this report, including a Maximum Height of Building equating to 6 storeys relative to Old Canterbury Road and a reduced Maximum Floor Space Ratio;

 

2.       Council authorises the Interim General Manager to be Council’s delegate and use “the Authority” for the processing of the Planning Proposal as outlined in this report;

 

3.       On satisfactory completion of Resolution 1 and 2, the Planning Proposal be referred pursuant to Section 56 of the Environmental Planning and Assessment Act 1979 (the Act) seeking a Gateway Determination and for Council to be the Relevant Planning Authority, and requesting the studies identified in the report be produced;

 

4.       Council develop a site specific Draft Development Control Plan as outlined in this report and exhibit it concurrently with the Planning Proposal; and

 

5.     Upon receipt of the Gateway Determination the Planning Proposal and Draft DCP be put on public exhibition pursuant to the Environmental Planning and Assessment Act 1979 (the Act).

 

6.     Council Officers write to the NSW Roads and Maritime Service and request that an area wide traffic network analysis be prepared for the McGill Street precinct and surrounds to determine local area traffic management opportunities that may be implemented to mitigate and better manage traffic impacts in this locality.

 

 

C0717 Item 8      Planning Proposal: 58-76 Stanmore Road, 2-20 Tupper Street and 3-9 Alma Avenue, Stanmore

RECOMMENDATION

 

THAT Council:

 

1.       Support the planning proposal request for 58-76 Stanmore Road, 2-20 Tupper Street and 3-9 Alma Avenue, Stanmore to rezone the land to facilitate the redevelopment of the site to include a new club premises, commercial floor space, a public plaza and residential accommodation with associated basement car parking subject to the following amendments:

(a)  The Land Zoning for Site C being amended to R3 Medium Density Residential;

(b) Inclusion of MLEP 2011 Schedule 1 additional permitted use of a ‘residential flat building’ as part of a mixed use development;

(c)  Maximum height of building controls and number of storeys to be applied across the site as detailed in this report;

(d) Floor space ratio controls to be developed for each site should the proposal obtain Gateway approval.

 

2.       Request the applicant to update the planning proposal report and associated documentation to ensure consistency between all documents;

 

3.       Forward the planning proposal to the Minister for Planning for a Gateway determination in accordance with Section 56 of the Environmental Planning & Assessment Act 1979;

 

4.       Request that Council be delegated plan making functions in relation to the planning proposal;

 

5.       Resolve to develop site specific planning controls to apply to the future development at 58-76 Stanmore Road, 2-20 Tupper Street and 3-9 Alma Avenue, Stanmore for inclusion in MDCP 2011 Part 9.9 (Newington Precinct 9) consistent with the advice contained within this report and that the site specific controls be publicly exhibited concurrently with the planning proposal; and

 

6.       Consider the Voluntary Planning Agreement (VPA) offer in accordance with Council’s interim VPA Policy.

 

 

C0717 Item 9      Overview: Planning Proposal for Uniting Care Site at 15-17 Marion Street, Leichhardt

RECOMMENDATION

 

THAT Council:

 

1.    Receive and note this report and attachments;

 

2.    Resolve to support the revised Planning Proposal as outlined in this Report.

 

3.    Resolve to forward the revised Planning Proposal to the Minister for Planning and Environment for a Gateway Determination in accordance with Section 56 of the Environmental Planning and Assessment Act 1979;

 

4.    Delegate the preparation of a revised draft Development Control Plan (DCP) that will reflect the revised Planning Proposal to the General Manager;

 

5. Upon receipt of the Gateway Determination, the Planning Proposal should be put on public exhibition to meet the requirements of the Environmental Planning and Assessment Act 1979. The revised draft DCP should be exhibited concurrently and public authorities be consulted in accordance with the Gateway Determination; and

 

6.   That a post exhibition report be prepared for Council consideration.       

 

 

C0717 Item 10    Planning Proposal and Draft Development Control Plan - 168 Norton Street Leichhardt:  Community Consultation Outcomes

RECOMMENDATION

THAT Council:

1.    Complete the drafting of a voluntary planning agreement in consultation with the Proponent and exhibit the Agreement in accordance with the Environmental Planning & Assessment Act 1979;

 

2.    Amend the Leichhardt Local Environmental Plan 2013 at 168 Norton Street as detailed in the exhibited Planning Proposal;

 

3.    Liaise with the Parliamentary Counsel's Office and the Department of Planning and Environment to draft and finalise the LEP amendment;

 

4.    Following the completion of the above, request the Department of Planning and Environment to notify the Plan; and

 

5.    Delegate the adoption of the revised draft Development Control Plan for 168 Norton Street as detailed in this report to the General Manager.

 

 

C0717 Item 11    2-6 Cavill Avenue Ashfield - Planning Proposal

RECOMMENDATION

THAT Council:

 

1.       Support the Planning Proposal subject to amendments outlined in the report;

 

2.       Forward the Planning Proposal to the Minister of Planning for a Gateway Determination in accordance  with Section 56 of the Environmental Planning and Assessment Act, and seek that Council use its delegated plan making functions to be the Relevant Planning Authority for the processing of the Planning Proposal;

 

3.       Authorise the Interim General Manager to be Council’s delegate and “the Authorisation” to be the Relevant Planning Authority for the processing of the Planning Proposal; and

 

4.       Develop a site specific Draft Development Control Plan as outlined in the report once the Gateway approval is received and exhibit the Draft DCP concurrently with the Planning Proposal.

 

 

C0717 Item 12    Planning Proposal No. DA201600376 at 466-480 New Canterbury Road and 26-38 Hercules Street, Dulwich Hill

RECOMMENDATION

 

THAT:

 

1.       Council supports the development intention of the planning proposal as outlined  by the concept design within the submitted Urban Design Report, dated 23 May 2017;

2.       The planning proposal zoning be altered, with Marrickville Local Environmental Plan (MLEP) 2011 Zoning Maps being amended from IN2 Light Industrial zone to:

(a)     RE1 Public Recreation zone for the land on the western edge of the site adjacent to the Light Rail line, and the proposed pocket park on the south-eastern corner of the site (or RE2 Private Recreation for any of this land that Council does not agree to take ownership of);

(b)     B5 Business Development for Nos. 466-480 New Canterbury Road, (excluding the area proposed to be zoned RE1 Public Recreation) and the rear (approximately 9 m) parts of Nos. 26-28 Hercules Street, Dulwich Hill not proposed to be zoned RE1 Public Recreation or RE2 Private Recreation, being Lots 1, 2, 3 and 4 DP542147, Lot 1 DP540366, Lots 1, 2 and 3 DP236603 and rear (approximately 9 m) parts of Lot 4 DP540366 and Lot 14 Section 4 DP932, with an additional permitted use clause applying to such zoned land;

(c)     R4 High Density Residential for Nos. 34-38 Hercules Street, (excluding the area proposed to be zoned RE1 Public Recreation) and the rear of No. 474 New Canterbury Road fronting Hercules Street, Dulwich Hill, being Lots 5,6 and 7 DP236603 and Lot 2 DP540366; and

(d)     RE2 Private Recreation       for No. 28 Hercules Street, (excluding the area proposed to be zoned B5 Business Development) and the part of No. 26 Hercules Street not proposed to be zoned RE1 Public Recreation or B5 Business Development, Dulwich Hill.

3.       The planning proposal clause wording to be included in Schedule 1 Additional permitted uses be altered to read:

Use of certain land at 466-480 New Canterbury Road and 26-38 Hercules Street, Dulwich Hill

(1)     This clause applies to land at 466–480 New Canterbury Road and 26–38 Hercules Street, Dulwich Hill, being Lots 1, 2, 3 and 4 DP542147; Lots 1, 2 and 4 DP540366; Lots 1, 2, 3, 5, 6 and 7 DP236603; and Lot 14 Section 4 DP932;

(2)     Development for the following purposes is permitted with consent:

(a)     residential flat buildings, as part of a mixed use development, on land zoned B5 Business Development but only if:

(i)      any dwelling located on the ground floor will not have frontage to New Canterbury Road;

(b)     neighbourhood shops on the land at 478-480 New Canterbury Road, Dulwich Hill, being Lots 1 and 2 DP236603 in Zone B5 Business Development; and

(c)     vehicular and pedestrian access, car parking and site facilities on the land at 34-38 Hercules Street and the rear of 474 New Canterbury Road, Dulwich Hill in Zone R4 High Density Residential to service the development on the land at 474-480 New Canterbury Road, Dulwich Hill in Zone B5 Business Development.

4.       The planning proposal height of building (HoB) be altered, with MLEP 2011 HoB Maps being amended from no height identified to:

(a)     17 metres for Nos. 466-472 New Canterbury Road, the front part of No. 474 New Canterbury Road, 476 New Canterbury Road, the front 7.5 metres of Nos. 478 and 480 New Canterbury Road and the rear (approximately 9 m) part of Nos. 26-28 Hercules Street, Dulwich Hill, being Lots 1, 2, 3 and 4 DP542147, Lot 1 DP540366, Lot 3 DP236603 the front 7.5m of Lots 1 and 2 DP236603, and the rear (approximately 9 m) part of Lot 4 DP540366 and Lot 14 Sec 4 DP932;

(b)     20 metres for the rear part of No. 474 New Canterbury Road  and No. 34 Hercules Street, Dulwich Hill, being Lot 2 DP540366 and Lot 7 DP236603;

(c)     29 metres for the rear part behind the front 7.5 m of Nos. 478-480 New Canterbury Road, Dulwich Hill, being Lots 1 and 2 DP236603 (excluding the area proposed to be zoned RE1 Public Recreation, which is to have no height control indicated);

(d)     32 metres for No. 36-38 Hercules Street, Dulwich Hill, being Lots 5 and 6 DP236603 (excluding the area proposed to be zoned RE1 Public Recreation, which is to have no height control indicated); and

(e)     9.5 metres for the front (approximately 22 m) part of Nos. 26-28 Hercules Street not proposed to be zoned RE1 Public Recreation or B5 Business Development, Dulwich Hill, being the front (approximately 22 m) part of Lot 4 DP540366 and Lot 14 Sec 4 DP932 not proposed to be zoned RE1 Public Recreation or B5 Business Development.

5.       The planning proposal floor space ratio (FSR) be altered, with MLEP 2011 FSR Maps being amended from 0.95:1 FSR to:

(a)     3.0:1 for Nos. 466-472 New Canterbury Road and rear (approximately 9 m) part of Nos. 26-28 Hercules Street, Dulwich Hill, being Lots 1, 2, 3 and 4 DP542147, and rear (approximately 9 m) part of Lot 4 DP540366 and Lot 14 Sec 4 DP932;

(b)     2.2:1 for Nos. 474-476 New Canterbury Road, and No. 34 Hercules Street (excluding the western (approximately 5.5m) part of No. 476 New Canterbury Road and the western (approximately 6.0-7.5m) part of No. 34 Hercules Street), Dulwich Hill, being Lots 1 and 2 DP540366 and Lots 3 and 7 DP236603 (excluding the western (approximately 5.5m) part of Lot 3 DP236603 and the  western (approximately 6.0-7.5m) part of Lot 7 DP236603);

(c)     3.3:1 for Nos. 478-480 New Canterbury Road, the western (approximately 5.5m) part of No. 476 New Canterbury Road, Nos. 36-38 Hercules Street, and the western (approximately 6.0-7.5m) part of No. 34 Hercules Street, Dulwich Hill, being Lots 1, 2, 5 and 6 DP236603, the western (approximately 5.5m) part of Lot 3 DP236603, and the western (approximately 6.0-7.5m) part of Lot 7 DP236603;

(d)     0.6:1 for the front (approximately 22 m) part of Nos. 26-28 Hercules Street not proposed to be zoned RE1 Public Recreation or B5 Business Development, Dulwich Hill, being the front (approximately 22 m) part of Lot 4 DP540366 and Lot 14 Sec 4 DP932 not proposed to be zoned RE1 Public Recreation or B5 Business Development; and

(e)     No FSR indicated for the front (approximately 22 m) part of No. 26 Hercules Street, Dulwich Hill, being the front (approximately 22 m) part of Lot 14 Sec 4 DP932, relating to the land proposed to be zoned RE1 Public Recreation for a pocket park on the south-eastern corner of the site.

6.       Council officers consider the Voluntary Planning Agreement (VPA) Offer in accordance with Council’s interim VPA Policy;

7.       The planning proposal, as altered by recommendations 2-5, be forwarded to the Minister for Planning for a Gateway determination in accordance with Section 56 of the Environmental Planning & Assessment Act 1979;

8.       Council requests that delegated plan making functions be granted in relation to the planning proposal;  and

9.       Site specific planning controls be developed to apply to the future development at 466-480 New Canterbury Road and 26-38 Hercules Street, Dulwich Hill, for inclusion in Part 9.18 (Precinct 18 – Dulwich Hill Station North) of MDCP 2011 and that these be publicly exhibited concurrently with the planning proposal.

 

 

C0717 Item 13    101-103 Lilyfield Road Planning Proposal Report

RECOMMENDATION

THAT Council:

 

1.    Receive and note this report;

 

2.    Complete the drafting of a voluntary planning agreement in consultation with the Proponent and exhibit the Agreement in accordance with the Environmental Planning & Assessment Act 1979;

 

3.    Subject to resolution 2 above, request that an amendment to Leichhardt Local Environmental Plan 2013 be drafted by Parliamentary Counsel in support of this Planning Proposal that seeks an FSR of 1:1 and ‘restaurants or cafes’ and ‘takeaway food and drink uses’ up to 50sqm on the ground floor as additional permitted uses on the land; and

 

4.     Include a height of building control that states the maximum height of the development is 5 storeys or RL 35.73 to the top of the lift overruns.

 

 

C0717 Item 14    Post Exhibition Report Draft Marrickville Local Environmental Plan 2011 (Amendment No. 13) - 34 Belmore Street, Enmore

RECOMMENDATION

 

THAT:

 

1.       The report be received and noted; and

2.       Council forwards the draft amendment to MLEP 2011 to the Department of Planning & Environment seeking final approval and gazettal.

 

 

C0717 Item 15    Amendments to Inner West DCP 2016

RECOMMENDATION

 

THAT:

 

1          Council support the amendments to the “Comprehensive Inner West DCP 2016 Ashbury, Ashfield, Croydon, Croydon Park, Haberfield, Hurlstone Park and Summer Hill as indicated in this report and found in Attachment 1 for public exhibition;

 

2          Council place the Draft amendments and supporting documents on public exhibition in accordance with the requirements of the Act and Environmental Planning and Assessment Regulation 2000 (the Regulation);

 

3          The Interim General Manager be authorised to make any minor   amendments to the Draft DCP content as required for its exhibition that do       not result in any significant policy changes; and

 

4          A post exhibition report be submitted for Council’s consideration.

 

 

C0717 Item 16    Marrickville Development Control Plan 2011 - Amendment to Part 2.22 Flood Management

RECOMMENDATION

THAT Council:

 

1.       Receive and note the report;

 

2.       Adopt the updated Flood Planning Area Map in ATTACHMENT 1 and the updated Flood Liable Land Map in ATTACHMENT 2; and

 

3.       Resolve to publicly exhibit draft Marrickville Development Control Plan 2011 (Amendment No. 7) to amend Part 2.22 – Flood Management to incorporate the updated Flood Planning Area Map in ATTACHMENT 1 and the updated Flood Liable Land Map in ATTACHMENT 2.

 

 

C0717 Item 17    Local Traffic Committee Meeting held on 6 July 2017

RECOMMENDATION

 

THAT the Minutes of the Local Traffic Committee Meeting held on 6 July 2017 be received and the recommendations be adopted.

 

 

C0717 Item 18    Draft Councillor Expenses and Facilities Policy - Public Exhibition Period to 25 July 2017

RECOMMENDATION

 

THAT Council:

 

Adopt the Councillor Expenses and Facilities Policy shown attached to the report and publish the policy on its website.

 

 

C0717 Item 19    Flood Management Advisory Committee Meeting held on 22 June 2017

RECOMMENDATION

 

THAT the minutes of the Inner West Council Flood Management Advisory Committee held on 22 June 2017 be received and the recommendations be adopted.

 

 

C0717 Item 20    Inner West Council Investments as at 30 June 2017

RECOMMENDATION

 

THAT the report be received and noted.

 

 

C0717 Item 21    39 Smith Street Summer Hill - Planning Proposal

RECOMMENDATION

 

THAT:

 

1.       Council note this report and response to submissions;

 

2.       Council authorises the Interim General Manager to finalise the Planning Proposal as outlined in this report;

 

3.       The Planning Proposal be referred pursuant to Section 59 of the Environmental Planning and Assessment Act 1979 (the Act) to the NSW Parliamentary Counsel Office to seek an Opinion that the Plan may be made; and

 

4.       Upon receipt of a Parliamentary Counsel Opinion, Council request the Department of Planning and Environment to make the Plan.

 

 

 

 

Meeting closed at  pm.