AGENDA R

 

 

 

 

 

 

 

Council Meeting

                            

    TUESDAY 22 MAY 2018

 

6.30pm

 


Council Meeting

22 May 2018

 

Live Streaming of Council Meeting

 

In the spirit of open, accessible and transparent government, this meeting of the Inner West Council is being streamed live on Council’s website. By speaking at a Council meeting, members of the public agree to being recorded and must ensure their speech to the Council is respectful and use appropriate language. A person who uses defamatory, discriminatory or offensive language may be exposed to liability for which Council takes no responsibility. Any part of this meeting that is held in closed session will not be recorded

 

Pre-Registration to Speak at Council Meetings

 

Members of the public must register by 2pm of the day of the Meeting to speak at Council Meetings. If you wish to register to speak please fill in a Register to Speak Form, available from the Inner West Council website, including:

·         your name;

·         contact details;

·         item on the Agenda you wish to speak to; and

·         whether you are for or against the recommendation in the agenda.

 

Are there any rules for speaking at a Council Meeting?

The following rules apply when addressing a Council meeting:

·         keep your address to the point, the time allowed for each speaker is limited to three minutes. This time limit applies, no matter how many items are addressed by the speaker;

·         when addressing the Meeting you must speak to the Chairperson;

·         only 3 speakers for and against an Agenda Item are allowed.

 

What happens after I submit the form?

Your request will then be added to a list that is shown to the Chairperson on the night of the meeting.

 

Where Items are deferred, Council reserves the right to defer speakers until that Item is heard on the next occasion.

 

Accessibility

 

Inner West Council is committed to ensuring people with a disability have equal opportunity to take part in Council and Committee Meetings. At the Ashfield Council Chambers there is a hearing loop service available to assist persons with a hearing impairment. If you have any other access or disability related participation needs and wish to know more, call 9392 5657.

 

Persons in the public gallery are advised that under the Local Government Act 1993, a person may NOT tape record a Council meeting without the permission of Council.

 

Any persons found recording without authority will be expelled from the meeting.

 

“Record” includes the use of any form of audio, video and still camera equipment or mobile phone capable of recording speech.

 

An audio recording of this meeting will be taken for the purpose of verifying the accuracy of the minutes.  

 

 

   


Council Meeting

22 May 2018

 

 

PRECIS

 

 

1          Acknowledgement of Country

 

2          Apologies

 

3          Notice of Webcasting

 

4          Disclosures of Interest (Section 451 of the Local Government Act
and Council’s Code of Conduct)
 

 

5          Moment of Quiet Contemplation

 

7          Confirmation of Minutes                                                                                         Page

Minutes of 24 April 2018 Council Meeting                                                                      5

Minutes of 8 May 2018 Council Meeting                                                                        30

8          Mayoral Minutes

 

Nil at the time of printing.

9          Staff Reports

 

Volume 1 of 2

 

ITEM                                                                                                                                      Page

 

C0518 Item 1      Richard Murden Reserve-Provision of Three Netball Courts.                    47

C0518 Item 2      Salmon Park - Community Safety                                                             88

C0518 Item 3      Draft Greenway Master Plan                                                                      91

C0518 Item 4      Creative Communities and Bringing Arts and Live Music to Buildings Across the Inner West                                                                                                          233

C0518 Item 5      Report on the Notice of Motion C1017 Supporting our Creative Communities Item 5 Expanding Artists in Residency spaces                                                    296

C0518 Item 6      Major Community Event Program - Fees and Charges Consolidation    304

C0518 Item 7      Update - Micro-Brewing Sector in the Inner West                                    308

C0518 Item 8      WestConnex Air & Noise Quality Concerns                                             343

C0518 Item 9      Local Traffic Committee Meeting held on 1 May 2018                            349

C0518 Item 10    Delegations                                                                                                369

C0518 Item 11    Voluntary Planning Agreement - 168 Norton Street, Leichhardt              380

C0518 Item 12    Voluntary Planning Agreement - 15-17 Marion Street, Leichhardt           401

C0518 Item 13    Voluntary Planning Agreement - Marrickville Metro - 34 Victoria Road and 13-55 Edinburgh Road, Marrickville                                                                    421

C0518 Item 14    Local Government NSW Annual Conference                                          439

C0518 Item 15    Investment Report as at 30 April 2018                                                      469

 


 

10        Rescission Motions

 

ITEM                                                                                                                                          Page

 

C0518 Item 16    Notice of Motion to Rescind: C0518 Item 7 Local Participatory Democracy at Inner West - 8 May 2018 Council Meeting                                                                  529

 

11        Notices of Motion

 

ITEM                                                                                                                                          Page

 

C0518 Item 17    Notice of Motion: Back to Balmain Banner Booking                                531

C0518 Item 18    Notice of Motion: Boarders and Boarding Houses Policy                        532

C0518 Item 19    Notice of Motion: Dumping Prevention and Control Policy                      534

C0518 Item 20    Notice of Motion: Recognising the First Female Councillors on the Inner West Council     535

C0518 Item 21    Notice of Motion: ANZAC Day funding                                                    536

C0518 Item 22    Notice of Motion: Support for the Exodus Foundation                             538

C0518 Item 23    Notice of Motion: Improving Bay Run Lighting                                         539

C0518 Item 24    Notice of Motion: Impact of Construction of WestConnex on the Inner West      541

C0518 Item 25    Notice of Motion: Tax Deduction from Councillors Allowance                 543

 

12        Questions From Councillors

 

ITEM                                                                                                                                          Page

 

C0518 Item 26    Question on Notice: Staffing Matters                                                        544

 

13        Reports with Confidential Information

 

Reports appearing in this section of the Business Paper are confidential in their entirety or contain confidential information in attachments.

 

The confidential information has been circulated separately.

 

Volume 2 of 2

ITEM                                                                                                                                          Page

 

C0518 Item 27    Balmain Telstra Building and Public Square Project                                546

C0518 Item 28    Recreation Needs Study - A Healthier Inner West, draft Final Report for public exhibition.     558

 


Council Meeting

22 May 2018

 

 

Minutes of Ordinary Council Meeting held on 24 April 2018

 

Meeting commenced at 6.34pm

 

 

 

Present:

Darcy Byrne

Julie Passas

Marghanita Da Cruz Mark Drury

Lucille McKenna OAM

Colin Hesse

Sam Iskandar

Tom Kiat

Pauline Lockie

Victor Macri

Rochelle Porteous

Vittoria Raciti

John Stamolis

Louise Steer

Anna York
Rik Hart

Elizabeth Richardson

Mayor

Deputy Mayor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

General Manager

Deputy General Manager Assets and Environment

Michael Tzimoulas

Deputy General Manager Chief Financial and Administration Officer

John Warburton

Deputy General Manager Community and Engagement

Nellette Kettle

 

John Stephens

Erla Ronan

David Birds

Ian Naylor

Katherine Paixao

Group Manager Civic and Executive Support, Integration,

Customer Service and Business Excellence

Traffic and Transport Services Manager

Group Manager Community Services and Culture

Group Manager Strategic Planning

Manager Civic and Executive Support

Business Paper Coordinator (Minute Taker)

 

 

APOLOGIES:     Nil

 

 

DISCLOSURES OF INTERESTS:  

 

Clr Lockie declared a non-significant, non-pecuniary conflict of interest in Item 14 - Late Collection of Children Fee as her daughter uses the service.

 

Motion: (Byrne/Macri)

 

THAT Council note the disclosures of interests.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Raciti, Stamolis, Steer and York

Against Motion:          Nil

 

 

 

 

 

CONFIRMATION OF MINUTES

 

 

Motion: (Passas/Byrne)

THAT the Minutes of the Council Meeting held on Tuesday, 10 April 2018 be confirmed as a correct record, subject to:

1.    Recording Councillors Passas and Raciti voting against Sydney Metro Project Urgency Motion.

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Raciti, Stamolis, Steer and York

Against Motion:          Nil

 

ADJOURNMENT

 

6.38 pm - The Mayor, Clr Byrne adjourned the meeting for a short recess to allow the                   Councillors to receive a short briefing on a legal matter.

6.53pm – The Mayor, Clr Byrne resumed the meeting.

 

 

C0418 Item 35    Mayoral Minute: William Lincoln

Motion: (Byrne)

 

THAT Council write a letter of condolence to the family of William Lincoln, expressing our sadness at his passing and thanking them for his many years of service to the inner west community.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Raciti, Stamolis, Steer and York

Against Motion:          Nil

Absent:                        Cr Passas

 

Suspension of Standing Orders

 

Motion: (Byrne/McKenna OAM)

 

THAT Council bring forward Items 3, 5, 7, 10, 12, 13, 15, 19, 21 and 29 to be dealt with at this time.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Raciti, Stamolis, Steer and York

Against Motion:          Nil

Absent:                                  Cr Passas

 

Councillor Passas returned to the Meeting at 6:58 pm.

 

 

 

 

 

 

C0418 Item 3      Improving Inner West Waterways

Motion: (Drury/Byrne)

 

THAT:

 

1.   Council receive a further report following the endorsement of the Our Living River Masterplan, by the Parramatta River Catchment Group – on  investigations into the Callan Park swim site;

 

2.   Council endorses addressing Parramatta River, Cooks River and Sydney Harbour waterway and catchment health through:

a.   developing whole of IWC urban ecology strategic plans with costed programs;

 

b.   preparing subcatchment plans for WSUD and green infrastructure with  areas identified as potential swim sites as a priority;

 

c.   Continuing to work regionally on plans and actions that lead to measurable improvements to water quality and ecological health; and

 

d.   Continuing to partner with research institutions to keep up-to-date with leading thinking and technologies that will help improve waterways and enable safe swimming. 

 

3.    The Mayor write to the State Government requesting a review of the Storm water Management Service Charge and apply an appropriate annual indexation to it; and

 

4.    To facilitate the goal of clean waste in our catchment areas, Council give priority to flood prevention and stormwater management by cleaning street drains more frequently and laying permeable paving in flood prone areas.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Raciti, Stamolis, Steer and York

Against Motion:          Nil

 

 

C0418 Item 5      Leichhardt Flood Study and Estuarine Planning Levels Study and Flood Management Advisory Committee meeting held 14 December 2017

Motion: (Drury/McKenna OAM)

 

THAT Council:

 

1.         Adopt the draft amendments to update the Flood Control Lot Maps and the Foreshore Flood Control Lot Maps in Appendix E (Water Guidelines) Sections 4 and 5 of the Leichhardt Development Control Plan 2013, in accordance with Clause 21 of the Environmental Planning Assessment Regulation 2000;

 

2.         Place a notice in a local newspaper advising of the commencement of the amendments to Sections 4 and 5 of Leichhardt  Development Control Plan 2013 that incorporate the updated Flood Control Lot  Maps and the Foreshore Flood Control Lot Maps detailed in Part 1 of the recommendation;

 

3.         Adopt the Leichhardt Flood Study – Volume 1 & Volume 2 (Cardno, 2015 & 2014) and Estuarine Planning Levels Study (Cardno, 2010);

 

4.         Receive the minutes and adopt the recommendations of the Inner West Council Flood Management Advisory Committee held on 14 December 2017, which includes the adoption of the Leichhardt Flood Risk Management Study and Plan (Cardno, November 2017) and adoption of the Marrickville Valley Flood Risk Management Study and Plan (Cardno, September 2017); and

 

5.         Calls on the General Manger to produce a report for Council on the cost of all the flood mitigation measures arising out of the  floodplain risk management plans for all of the affected areas in the Inner West and a funding strategy to address them.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Raciti, Stamolis, Steer and York

Against Motion:                    Nil

 

Councillor Drury left the Meeting at 7:20 pm.

 

C0418 Item 7      Planning Proposal and Draft Development Control Plan - 17 Marion Street, Leichhardt: Community Consultation Outcomes

Motion: (McKenna OAM/Lockie)

 

THAT Council:

 

1.       Amend the Leichhardt Local Environmental Plan 2013 (LLEP) for 17 Marion Street, Leichhardt as detailed in this report;

2.       Liaise with the NSW Parliamentary Counsel's Office and the NSW Department of Planning and Environment to draft and finalise the LLEP amendment;

3.       Delegate the making of the LLEP to the General Manager;

4.       Following the completion of (3) above, request the Department of Planning and Environment to notify the Plan; and

5.       Adopt the draft Development Control Plan for 17 Marion Street, Leichhardt.

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Raciti, Stamolis, Steer and York

Against Motion:          Nil

Absent:                                  Cr Drury

 

Councillor Drury returned to the Meeting at 7.24pm

 

 

 

 

 

 

 

 

 

 

C0418 Item 10    Permitting Dogs in Pubs in the Inner West

Motion: (Byrne/York)

 

THAT Council:

 

1.       Note the outcomes of Consultation with Pub Operators;

 

2.       Note the outcomes of the Community Consultation on Dog Welcome Zone Fee Waivers;

 

3.       Amend Council’s current 2017/2018 fees and charges as follows:

            Development Application Fees charged under the Environmental Planning and       Assessment Act 1979 – All Inner West LGA; and

 

4.         Prepare a document for the community detailing the purpose of the policy and how it will operate and how it will be managed by the owners and/ or Council.

 

 

Fee Description

Proposed Fee Amendment

Development Applications associated with the establishment of new low-impact* ‘Dog-Welcome Zones’ in outdoor areas operated by Pubs”

Nil.

Modification Applications associated with the establishment of new low-impact* ‘Dog-Welcome Zones’ in outdoor areas operated by Pubs”

Nil.

Review of Determination Applications associated with the establishment of new low-impact* ‘Dog-Welcome Zones’ in outdoor areas operated by Pubs”

Nil.

 

FOOTPATH OCCUPATION

 

Approval for Footpath Occupation requires application and rental fees. The charges listed below apply to the Roads Act 1993 and fees are levied pursuant to Sections 411 and 611 of the Local Government Act 1993 – All Inner West LGA

 

Fee Description

Proposed Fee Amendment

Foot path usage applications associated with the establishment of new low-impact* ‘Dog-Welcome Zones’ in outdoor areas operated by Pubs”

Nil.

Foot path usage modification applications associated with the establishment of new low-impact* ‘Dog-Welcome Zones’ in outdoor areas operated by Pubs”

Nil.

Foot path licencing fees associated with the establishment of new low-impact* ‘Dog-Welcome Zones’

Nil.

 

 

*‘Low-impact ‘Dog-Welcome Zones’ means:

 

·    An outdoor area of a premises consistent with the definition of a pub.

 

Pub means licensed premises under the Liquor Act 2007 the principal purpose of which is the retail sale of liquor for consumption on the premises, whether or not the premises include hotel or motel accommodation and whether or not food is sold or entertainment is provided on the premises.

 

·    An outdoor area associated with a pub includes areas such as: footpath dining, courtyards or beer gardens

·    The outdoor areas will not accommodate more than twenty (20) people

·    Outdoor areas should not be used for functions and music (live or amplified)

·    The placement of tables and chairs on footpaths must accord with the relevant Development Control Plan and/or Local Approvals Policy

·    Those outdoor areas within 50m of residential premises shall be limited to opening until 7pm in the evening. Other applications seeking to use an outdoor area beyond 7pm must be accompanied by an Acoustic Report prepared by a suitably qualified expert.

 

Motion Lost

For Motion:                 Crs Byrne, Drury, Iskandar, Lockie, McKenna OAM, Stamolis and York

Against Motion:          Crs Da Cruz, Hesse, Kiat, Macri, Passas, Porteous, Raciti and Steer

 

Foreshadowed Motion (Hesse/Steer)

 

THAT point 3 be deleted.

 

The Mayor ruled this Motion out of Order.

 

Matter Arising - Dogs in Pubs Policy

 

Motion:  (Stamolis/ Hesse)

 

THAT Council prepare a document for the community detailing the purpose of the policy and how it will operate and how it will be managed by the owners and/ or Council.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Stamolis, Steer and York

Against Motion:          Crs Passas and Raciti

 

Councillor York left the Meeting at 8:05 pm.

 

C0418 Item 12    Victoria Road Precinct, Marrickville - Development Control Plan Amendment

Motion: (Byrne/Drury)

 

THAT:

 

1.   The shadowing diagrams for Wicks Park within this report be included in the draft Victoria Road Precinct (Precinct 47) amendment to the Marrickville Development Control Plan 2011 at Attachment 1;

 

2.    Council resolves to publicly exhibit the draft Victoria Road Precinct (Precinct 47) amendment to the Marrickville Development Control Plan 2011 (April 2018 version) at Attachment 1; and

 

3.    The post exhibition report be reported back to Council no later than the first ordinary meeting in June.

 

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Stamolis and Steer

Against Motion:          Crs Passas and Raciti

Absent:                                  Cr York

 

Councillor York returned to the Meeting at 8:07 pm.

 

C0418 Item 13    Council Support for WestConnex Dilapidation Reporting

Motion: (Byrne/Porteous)

 

THAT Council:

1.    Establish an internal service to provide independent dilapidation reports for local property owners affected by tunnelling and construction for the WestConnex project. The service is to be offered for a period of 12 months and restricted to the employment of a single officer to undertake reports; and

2.    Prepare a report for adoption at Council (prior to the final adoption of the 2018/19 Budget) including:

a.   Options for charging a modest fee for the service that can recover some costs;

b.   Identifying how the position can be funded including the potential to fund it through already identified saving in the 2018/19 Budget;

c.   Ensuring that existing liability and risk management processes which apply to Council’s development assessment and regulatory unit are applied to the position; and

d.   Criteria for prioritisation of requests for service.

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Raciti, Stamolis, Steer and York

Against Motion:          Cr Passas

 

Amendment (Kiat/Da Cruz)

 

THAT  2a of the primary motion be deleted.

 

Motion Lost

For Motion:                 Crs Da Cruz, Hesse, Kiat, Porteous and Steer

Against Motion:                    Crs Byrne, Drury, Iskandar, Lockie, Macri, McKenna OAM, Passas,                                              Raciti, Stamolis and York

 

Matter Arising - WestConnex

 

Motion: (Porteous/Lockie)

 

THAT Council commission a comprehensive report prepared by specialist consults/s on present and predicted future air quality and health impacts of WestConnex stages 1,2 and 3 on Inner West residents and funding to be identified either from WestConnex unit existing funds or in the 2018/19 budget.

Motion Lost

For Motion:                 Crs Da Cruz, Hesse, Kiat, Lockie, Porteous, Stamolis and Steer

Against Motion:          Crs Byrne, Drury, Iskandar, Macri, McKenna OAM, Passas, Raciti and York

 

Foreshadowed Motion (York/Byrne)

 

THAT advice be provided in the forthcoming report due to come to Council on the 22 May on air quality monitoring that covers:

 

a)    The potential content of any additional consulting advise on health impact and feasibility of engaging an appropriate consultant to provide this; and

 

b)    The estimated costs and timing for this report.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Raciti, Stamolis, Steer and York

Against Motion:          Cr Passas

 

C0418 Item 15    Intersection Treatment, Croydon Road and Church Street, Croydon.

Motion: (Passas/Raciti)

 

 

THAT a roundabout be implemented immediately as well as a pedestrian crossing at Church Street and Croydon Road, Croydon.

 

Motion Lost

For Motion:                 Crs Iskandar, Macri, Passas, Raciti and Stamolis

Against Motion:          Crs Byrne, Da Cruz, Drury, Hesse, Kiat, Lockie, McKenna OAM, Porteous, Steer and York

 

Foreshadowed Motion (McKenna OAM/Da Cruz)

 

THAT recommendations of the Local Traffic Committee meeting of 12th October 2017 concerning Item 16 “Traffic Calming – Intersection of Croydon Rd and Church St, Croydon” be adopted.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Kiat, Lockie, McKenna OAM, Porteous, Steer and York

Against Motion:          Crs Iskandar, Macri, Passas, Raciti and Stamolis

 

Foreshadowed Motion: (Stamolis/Hesse)

 

THAT any options presented to the community for traffic calming measures include a roundabout.

 

This Foreshadowed Motion lapsed.

 

ADJOURNMENT

 

9.32 pm - The Mayor, Clr Byrne adjourned the meeting for a short recess.

9.43pm – The Mayor, Clr Byrne resumed the meeting.

 

 

 

C0418 Item 19    Notice of Motion to Rescind: Item 10 - Local Traffic Committee Minutes of 7 December 2017 adopted by Council on 27 February 2018 [Proposed Bus Stop and kerb extended pedestrian crossover facility outside/near No.126 Victoria Street, Ashfield (opposite Cardinal Freeman Retirement Village)]

Motion: (Passas/Raciti)

 

THAT Council rescind the resolution of 27 February 2018, in relation to the Local Traffic Committee Minutes of 7 December 2017 to adopt Item 10 Proposed Bus Stop and kerb extended pedestrian crossover facility outside/near No.126 Victoria Street, Ashfield (opposite Cardinal Freeman Retirement Village).

 

Motion Lost

For Motion:                 Crs Macri, Passas and Raciti

Against Motion:          Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, McKenna OAM, Porteous, Stamolis, Steer and York

 

Matter ArisingBus Stop outside 126 Victoria Street Ashfield

 

Motion: (Byrne/Macri)

 

THAT a report be brought to Council on the background of the decision to provide a  bus stop outside 126 Victoria Street Ashfield and whether the developer was approached for a contribution towards the provision of the facility.

 

Motion Carried

For Motion:                 Crs Byrne, Drury, Iskandar, Lockie, Macri, McKenna OAM, Passas, Raciti, Stamolis and York

Against Motion:          Crs Da Cruz, Hesse, Kiat, Porteous and Steer

 

C0418 Item 21    Notice of Motion: Multicultural Policy

Motion: (Iskandar/Drury)

 

THAT Council prepare a report on ways to support our multicultural communities including:

a.   Delivering the largest Lunar festival in the history of the Inner West to celebrate our Chinese and Vietnamese communities;

b.   Establishing an Inner West Anti-Racism Film Festival with entries to come from local residents, community groups and schools;

c.   Creating a Multicultural Advisory Committee and Inter-Faith Reference Group to inform Council decision making;

d.   Instituting Civic Receptions to celebrate the national days of local ethic communities including the Chinese, Vietnamese, Greek, Portuguese, Italian and Lebanese communities;

e.   Making sure important Council information is available and easily accessible in community languages;

f.    Reestablishing international community to community relationships which existed under the former councils;

g.   Appointing a dedicated multicultural development officer to support local organisations;

h.  The report include detailed costing and additional information such as concept/brief event size, location, reach, capacity and programming; and

i.    The report should fully detail what the Inner West currently does to support multicultural policies either directly or indirectly.

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Raciti, Stamolis, Steer and York

Against Motion:                    Nil

 

C0418 Item 29    Notice of Motion: Salmon Playground, 118 Station Street, Newtown

Motion: (Steer/York)

 

THAT Council staff consult with Stanmore Ward Councillors and local residents on community safety at Salmon Playground and report within 4 weeks to Council on a plan for improving community safety at Salmon Playground, 118 Station Street, Newtown, including proposed costs and timeline for works.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Raciti, Stamolis, Steer and York

Against Motion:                    Nil

 

Resumption of Standing Orders

 

Motion: (Byrne/Porteous)

 

THAT Standing orders be resumed.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Raciti, Stamolis, Steer and York

Against Motion:          Nil

 

C0418 Item 1      Public Exhibition of Drafts: Our Inner West 2036 Inner West Community Strategic Plan; Delivery Program 2018-22; Operational Plan and Budget FY2018/19, Fees and Charges FY2018/19

Motion: (Byrne/Macri)

 

THAT:

 

a)         Council resolves to place Our Inner West 2016, draft Community Strategic Plan, the draft Delivery Program 2018-22, draft Operational Plan and Budget 2018/19 and the draft Fees and Charges 2018/19 on  public exhibition, opening 26 April 2018 and closing 25 May 2018.


2.         With reference to the “Draft Operational Plan and Budget FY2018/19”: That the       “Key Performance Indicators” and “Targets by 2022” be excluded from future      drafts (including draft for exhibition) until they have been further developed;

3.         With reference to the “Fees & Charges 2018/19”, p. 63: That the late payment           fees     for late pick up of children from After School Care from Camdenville,             Ferncourt, Marrickville West, Stanmore & Wilkins PS be corrected to reflect    Council’s        current position (ie current reverted to pre-2017 late pick up fee             structures, pending decision on “Late Collection of Children Fee” report before             Council); and

 

4.    Council adopt Our Inner West 2016, draft Community Strategic Plan, the draft Delivery Program 2018-22, draft Operational Plan and Budget 2018/19 and the     draft Fees and Charges 2018/19 be placed on  public exhibition, opening 26 April      2018 and closing 25 May 2018, following:

a)      Insertion of forecasted 2017/18 figures (based on the most recent quarterly budget review)  as an additional column into the ‘Operating Budget’ for the Council and for each Service Unit.

5.  The community consultation for the Draft Delivery Program 2018-2022 and          Operational Plan and Budget 2018/19 include at least one community meeting           where the General Manager and the Deputy General Manager Chief Financial and      Administration Officer provide a presentation to the community and be available            to answer questions.

 

6.      The draft Budget include at exhibition a short explanatory statement of significant Operating Budget changes in 2018/19 from 2017/18 for Council and for each Service Unit, including an explanation of the proposed $5.5 million savings budgeted to be identified in 2018/19. To enable time for this additional information to be provided that it be added to the exhibited 2018/19 draft Budget as soon as possible and within 2 weeks from the 26 April 2018.                  

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Raciti, Stamolis, Steer and York

Against Motion:          Nil

 

ADJOURNMENT

 

Motion: (Byrne/Stamolis)

 

THAT Council adjourn the meeting to Tuesday 1 May 2018 at 6.30pm.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Raciti, Stamolis, Steer and York

Against Motion:          Nil

 

Meeting adjourned at 10.46pm

 

 

 

 

 

 

 

 

 

 

 

The Mayor resumed the meeting at 6.40pm, Tuesday, 1 May 2018 and the following people were in attendance.

 

 

Present:

Darcy Byrne

Julie Passas

Marghanita Da Cruz Mark Drury

Lucille McKenna OAM

Colin Hesse

Sam Iskandar

Tom Kiat

Pauline Lockie

Victor Macri

Rochelle Porteous

John Stamolis

Louise Steer

Anna York
Rik Hart

Elizabeth Richardson

Mayor

Deputy Mayor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

General Manager

Deputy General Manager Assets and Environment

Michael Tzimoulas

Deputy General Manager Chief Financial and Administration Officer

John Warburton

Deputy General Manager Community and Engagement

Erla Ronan

David Birds

Ryan Cole

 

Annette Morgan

Tony Giunta

Adam Vine

Wal Petschler

Ian Naylor

Katherine Paixao

Group Manager Community Services and Culture

Group Manager Strategic Planning

A/Group Manager, Development Assessment & Regulatory Services

Group Manager Children and Family Services

Infrastructure Planning (Transport & Stormwater) Manager

Executive Manager, Enterprise Risk

Group Manager Roads & Stormwater

Manager Civic and Executive Support

Business Paper Coordinator (Minute Taker)

 

 

C0418 Item 36    Mayoral Minute: Condolences to The Hon. John Jobling OAM and the Jobling Family

 

Motion: (Byrne/Passas)

 

THAT Council writes a letter of condolence to The Hon. John Jobling OAM, expressing our sadness at the loss of his wife, Linde Jobling OAM.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis, Steer and York

Against Motion:                    Nil

 

Councillor Macri requested that the meeting consider an Urgency Motion with regards to  Condolence to Mick Mazza.

 

Motion: (Macri/Hesse)

 

THAT the motion be considered as a matter of urgency.

 

 

 

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis, Steer and York

Against Motion:          Nil

 

The Mayor declared this matter was urgent.

 

Urgency Motion – Condolence to Mick Mazza

 

Motion: (Macri/Hesse)

 

THAT Council writes a letter of condolence to the Mazza family expressing our sadness at the loss of Mick Mazza.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis, Steer and York

Against Motion:                    Nil

 

C0418 Item 34    Mayoral Minute: Mullens Street, near Beattie Street, Balmain Pedestrian Crossing

Motion: (Byrne)

 

THAT Council:

 

1.   Investigate all options for improving pedestrian safety on Mullens and Beattie Streets;

2.   Investigate options for applying for a reduced or special warrant for a pedestrian (zebra) crossing in Mullens Street near the intersection of Beattie Street in Balmain;

3.   Officers carry out traffic counts aimed at determining qualification for these special warrant circumstances; and

4.   Officers provide a report to the Traffic Committee detailing these options and associated counts.

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis, Steer and York

Against Motion:                    Nil

 

C0418 Item 2      Review of Planning Proposal and Development Control Plan Amendment Fees

Motion: (Macri/Lockie)

 

THAT:

 

1.       Council place on public exhibition with the 2018/19 Draft Fees and Charges; and

 

2.       A post-exhibition report be presented to Council discussing any submissions received.

 

 

 

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis, Steer and York

Against Motion:                    Nil

C0418 Item 4      Grants and Fee Scale Policy

Motion: (Byrne/Stamolis)

 

THAT:

 

1.   Council notes the Grants and Fee Scale Policy for the purposes of public exhibition;

 

2.   Once adopted Council implements the Grants and Fee Scale Policy from 1 July 2018, and applies to all bookings for Council venues scheduled for use from 1 Jan 2019;

 

3.   Council trial a quarterly small grants stream component to the Community Wellbeing Grants, effective from 1 July, to be reviewed after 12 months operation;

4.   The Community Wellbeing Grant Guidelines be revised to include a new small grant stream (for grants from $200-$500) to ensure these grants are governed in a professional and transparent manner; and

 

5.   Council allocate $10,000 each year from the annual Community Wellbeing Grant budget to fund the new small grant stream.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis, Steer and York

Against Motion:                    Nil

 

C0418 Item 6      Post Exhibition Report - Marrickville Development Control Plan 2011 - Amendment to Part 2.22 Flood Management

Motion: (Macri/Hesse)

 

THAT Council:

 

1.    Receive and note the report;

 

2.    Adopt Marrickville Development Control Plan 2011 (Amendment No. 7) to update the Flood Planning Area Map and Flood Liable Land Map in Part 2.22 – Flood Management to incorporate the adopted flood studies for Johnstons Creek, Alexandra Canal and Hawthorn Canal;

 

3.    Place a notice in a local newspaper advising of the commencement of Marrickville Development Control Plan 2011 (Amendment No. 7);

 

4.    Notify those persons who made a submission in relation to Draft Marrickville Development Control Plan 2011 (Amendment No. 7) to inform them of Council’s decision; and

 

5.    Conduct an internal peer review of the flood study for a significant sample of properties identified on Hawthorn Canal.

 

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis, Steer and York

Against Motion:          Nil

 

C0418 Item 8      Mandatory Reporting of Fire Safety Reports Referred to Council from Fire & Rescue NSW

Motion: (McKenna OAM/Lockie)

 

THAT Council:

 

1.       Note the correspondence provided by Fire and Rescue NSW for development on land at “Panorama Court” - 25 Ormond Street Ashfield; “Dulwich Hill Lodge” 407 to 413 Marrickville Road Dulwich Hill; “Woolworths Industrial Estate” 74 Edinburgh Road Marrickville; “The Good Pub Australia/The Sly Fox” – 199 Enmore Road Enmore; “Botany View Hotel” – 597 King Street Newtown; “Holey Moley: - 387 to 391 King Street Newtown; “Riverview Hotel” – 900 Princes Highway Tempe; “Romeo’s IGA Supermarket” – 1 Hardie Street Summer Hill and “Australian Sunrise Lodge” – 485 King Street Newtown, (Attachments 1 - 9); 

 

2.       Endorse the Councils Officers use of statutory powers (and discretion as appropriate) under the Environmental Planning and Assessment Act 1979 to require upgrades to buildings to the satisfaction of Council's Fire Safety Team in order to improve the:

 

a.       Provisions for fire safety at the premises;

b.      Provision of fire safety awareness;

c.       Aadequacy of the premises to prevent fire;

d.      Adequate of the premises to suppress fire or prevent the spread of fire, and

e.       Safety of persons in the event of fire.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis, Steer and York

Against Motion:          Nil

 

ADJOURNMENT

 

7.29 pm - The Mayor, Clr Byrne adjourned the meeting for a short recess.

7.39pm – The Mayor, Clr Byrne resumed the meeting.

 

C0418 Item 9      Audit, Risk & Improvement Committee Minutes and Charter

Motion: (Byrne/Macri)

 

THAT Council:

 

1.    Adopts the Minutes of the Audit, Risk & Improvement Committee of 13 December 2017 shown as Attachment 1; and

 

2.    Endorse the Audit, Risk and Improvement Committee Charter, with the following amendments to Section 2 (Composition):

a)    In the Membership section, adjust to "Up to three (3) additional independent members"; and

 

b)    In the Membership section, replace "* - not a member of the current or previous Council/staff of Ashfield, Leichhardt, Marrickville or Inner West Councils" with "*    - not a member of the current or previous Council/staff of Ashfield, Leichhardt,        Marrickville or Inner West Councils for at least 2 continuous years".

 

3.    In the Appointment section, insert the following: "Appointment of independent members shall be by an open merit-based selection process, which shall be brought to Council for adoption"; and

 

4.   That a new call for EOI for membership of the Audit, Risk and Improvement             Committee be opened for an additional            independent position.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis, Steer and York

Against Motion:          Nil

 

Amendment (Stamolis/Hesse)

 

THAT:

 

1.    Councillors be provided with summary papers of the reports to the Audit, Risk and Improvement Committee meetings; and

 

Motion Tied

For Motion:                 Crs Da Cruz, Hesse, Kiat, Lockie, Porteous, Stamolis and Steer

Against Motion:          Crs Byrne, Drury, Iskandar, Macri, McKenna OAM, Passas and York

 

The Chairperson used his Casting Vote against the MOTION and the MOTION was lost.

 

2.    Councillors be given the opportunity the attend the Audit, Risk and Improvement Committee meeting as observers.

 

Motion Lost

For Motion:                 Crs Hesse and Stamolis

Against Motion:          Crs Byrne, Da Cruz, Drury, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Steer and York

 

Matter Arising – Audit, Risk and Improvement Committee Charter

 

Motion: (Porteous/Passas)

 

THAT Council amend Section 4.2 of the Audit, Risk and Improvement Committee Charter to remove the words ‘or by using any technology’.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis, Steer and York

Against Motion:                    Nil

 

C0418 Item 11    Proposed change to car parking standards for boarding houses under State Environmental Planning Policy (Affordable Rental Housing) 2009

Motion: (McKenna OAM/Macri)

 

 

 

THAT:

 

1.       The report be received and noted; and

 

2.       The Department of Planning and Environment be forwarded a copy of this report as Council’s response to the consultation and be advised that:

 

i.     Community concerns with the ARHSEPP provisions relating to boarding houses are extensive and extend well beyond “the impacts of on-street parking as a result of new boarding house development.”;

 

ii.    The ARHSEPP provisions relating to boarding houses should be reviewed in a holistic manner rather than in the ad hoc approach proposed to ensure that an affordable housing product results; and

 

iii.   Different car parking standards should apply to traditional boarding house rooms and new generation boarding rooms as detailed in the report.

 

       The floor space ratio bonus provision contained in Clause 29 (1) (c) of the ARHSEPP needs to be amended (before 6 July 2018) to ensure that any floor space ratio bonus provision for boarding house developments in the ARHSEPP does not apply to any land zoned R2 Low Density Residential in environmental planning instruments listed in Schedule 2 Amendment of other environmental planning instruments) of State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Low Rise Medium Density Housing) 2017) and does not apply to any land zoned R3 Medium Density Residential where the current environmental planning instruments do not permit residential flat buildings.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis, Steer and York

Against Motion:                    Nil

 

C0418 Item 14    Late Collection of Children Fee

Motion: (York/Kiat)

 

THAT Council approves the Late Collection of Children fee for the 2018/2019 Fees and Charges as follows:

 

a)   On the first two occasions of the calendar month a charge will be made every 15 minutes or part thereof of $30.00;

 

b)    After the second occasion within a calendar month and for the rest of the calendar year $50 for the first 15 minutes or part thereof and then $45 for every subsequent 15 minutes or part thereof; and

 

c)    A report come back to Council in 6 months’ time to review the impact of these fees.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Kiat, Lockie, McKenna OAM, Porteous, Steer and York

Against Motion:          Crs Iskandar, Macri, Passas and Stamolis

 

 

Foreshadowed Motion (Passas/Macri)

 

THAT Council approves the Late Collection of Children fee for the 2018/2019 Fees and Charges as follows:

 

a)   On the first two occasions of the calendar month a charge will be made every 15 minutes or part thereof of $45.00; and

 

d)    After the second occasion within a calendar month and for the rest of the calendar year $65 for the first 15 minutes or part thereof and then $45 for every subsequent 15 minutes or part thereof.

 

This Foreshadowed Motion lapsed.

 

C0418 Item 16    Local Traffic Committee Meeting held on 10 April 2018

Motion: (Passas/ Da Cruz)

 

THAT the Minutes of the Local Traffic Committee Meeting held on 10 April 2018 be received and the recommendations be adopted.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis, Steer and York

Against Motion:          Nil

 

C0418 Item 17    Investment Report as at 31 March 2018

Motion: (Stamolis/Kiat)

 

THAT the report be received and noted.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis, Steer and York

Against Motion:                    Nil

 

C0418 Item 18    Notice of Motion to Rescind: Item 17 Notice of Motion: Councillor Access to Media Services - 27 March 2018 Council Meeting

Motion: (Passas/Macri)

 

THAT Item 17 from 27 March 2018 Ordinary Council meeting be rescinded.

 

 

Motion Tied

For Motion:                 Crs Byrne, Drury, Iskandar, Macri, McKenna OAM, Passas and York

Against Motion:          Crs Da Cruz, Hesse, Kiat, Lockie, Porteous, Stamolis and Steer

 

The Chairperson used his Casting Vote for the MOTION and the MOTION was carried.

 

 Clr Passas left the meeting at 8.37pm

 

C0418 Item 20    Notice of Motion: Minister’s Award in Local Government

Motion: (York/Hesse)

 

THAT Council congratulate Councillor Lucille McKenna OAM, on receiving the Minister’s Award in Local Government in the Elected Representative (Metro) category on International Women’s Day.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Stamolis, Steer and York

Against Motion:          Nil

Absent:                        Cr Passas

 

Clr Passas returned to the meeting at 8.49pm

 

C0418 Item 22    Notice of Motion: Inner West Business Counts 2017

Motion: (Stamolis/Byrne)

 

THAT Council receive and note and use for internal analysis and reporting.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis, Steer and York

Against Motion:                    Nil

 

C0418 Item 23    Notice of Motion: A Musical Instrument Lending Library

Motion: (York/Byrne)

 

THAT:

 

1.   A report be prepared for Council’s consideration outlining the options and process for establishing a music instrument lending library by expanding the existing library system to include musical instruments – including a potential location and operations of an initial site for a musical instrument lending service. The report should include assessment of costings and how the service would relate to tuition; and

 

2.   Council approach Music NSW to investigate a potential partner/s to support the establishment of an Inner West Music Library

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Stamolis, Steer and York

Against Motion:          Cr Passas

 

C0418 Item 24    Notice of Motion: Train station upgrades and accessibility in the Inner West

Motion: (York/Lockie)

 

THAT Council urgently write to the NSW Premier & Minister for Transport:

 

1.    Highlighting the importance of an accessible public transport network to the community in the Inner West, in the context of increasing demand on our stations, proposed increased density along the Sydenham to Bankstown corridor (strongly opposed by our community) and the privatisation (and potential loss of service levels) of inner west bus routes;

 

2.    Highlighting that demand will increase due to proposed influx of population through NSW government policy & transport dislocation caused by privatisation of buses and construction of Westconnex, demanding that priority of accessibility be given to all stations on T3 and T2 lines in Inner West Council area ie. Tempe, Dulwich Hill, St Peters in T3 line and Stanmore, Petersham and Lewisham in T2 line. Noted that TFNSW ranks Dulwich Hill, Petersham & Lewisham stations 2nd, 11th & 18th out of 100 in priority for accessibility in its own rankings;

 

3.   Expressing Council’s (and the Inner West community’s) deep disappointment that only 5 of the 100 highest ranked stations have received accessibility upgrades in the 5 years since the assessment was made by TfNSW;

4.   Requesting the Minister explain the methodology currently being used to prioritise station upgrades, noting that funding has most recently been announced for five stations – two of which are not prioritised in the top 100 (Casula and Beverly Hills), with the other 3 all ranked outside the top 30 (Como, Beecroft and Glenbrook); and

5.    Seeking an urgent meeting with the Minister for Transport to discuss             required upgrades for all inner west train stations that are currently             inaccessible, including Dulwich Hill, Petersham, Lewisham, Stanmore, St Peters and Tempe.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Stamolis, Steer and York

Against Motion:                    Cr Passas

 

Matter Arising – Correspondence to State and Federal Members of Parliament

 

Motion: (Porteous/Byrne)

 

THAT where Council resolves to write to State or Federal Members of Parliament, that a copy of the correspondence be provided to Councillors together with the reply once received.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis, Steer and York

Against Motion:                    Nil

 

C0418 Item 25    Notice of Motion: Footpath Grass Verge Maintenance

Motion: (Passas/Drury)

 

THAT:

 

1.    The General Manager bring a report to Council outlining options for a uniform grass verge maintenance policy for all residential streets; and

 

2.    Council report back on incentive programs for management of verges by the community and households.

 

Motion Carried

For Motion:                 Crs Byrne, Drury, Hesse, Iskandar, Lockie, Macri, McKenna OAM, Passas, Stamolis, Steer and York

Against Motion:          Crs Da Cruz, Kiat and Porteous

Foreshadowed Motion (Porteous)

THAT:

1.         Council note that footpath grass verge maintenance is part of the review of council's service delivery discrepancies across the former LGAs - Ashfield,       Marrickville and Leichhardt; and

2.         A progress report in relation to the service delivery review be brought to Council   As Soon as Possible, with a proposed timeline for addressing proposed changes            to service       delivery, including grass verge maintenance; and

3.         Council report back on incentive programs for management of verges by the           community and households.

This Foreshadowed Motion lapsed.

 

Amendment (Stamolis/Da Cruz)

 

THAT Council report back on incentive programs for management of verges by the community and households.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis, Steer and York

Against Motion:          Nil

 

As the amendment was carried, it was included as part of the Primary and Foreshadowed Motion.

 

Councillor Passas retired from the Meeting at 9:49 pm.

 

C0418 Item 26    Notice of Motion: Wests Tigers Winter Homelessness Sleep Out

Motion: (Byrne/Drury)

 

THAT Council:

 

1.   Offer a Fee waiver for the use of Leichhardt Oval for the Wests Tigers and Wests Ashfield Leagues Club Sleep Out on 17 August;

2.   Offer in kind logistical support for the preparation and cleanup of the event; and

3.   Provide joint promotional support for the event through regular Council communications channels.

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Stamolis and York

Against Motion:          Cr Steer

Absent:                                  Cr Passas

 

 

 

 

 

 

 

C0418 Item 27    Notice of Motion: WestConnex and Sydney Harbour Tunnel Public Meeting

Motion: (Byrne/McKenna OAM)

 

THAT:

 

1.   Council hold a public meeting at Balmain Town Hall on Saturday 26 May to address impacts from WestConnex and the proposed second Sydney Harbour Tunnel, and acquisition of the Balmain Leagues Club;

2.   Rozelle Public School Parents and Citizens group be formally invited to jointly convene the public meeting with Council;

3.   A Councillor briefing be held as soon as possible on the approval of Stage 3 WestConnex.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Stamolis, Steer and York

Against Motion:          Nil

Absent:                                  Cr Passas

 

C0418 Item 28    Notice of Motion: Improving Community Safety in the Inner West

Motion: (Steer/Lockie)

 

THAT:

 

1.   Council makes creating safer community spaces for people to gather at night time a high priority of council by supporting measures that encourage open, free and accessible spaces that are well integrated and connected with surrounding land uses and transport options; and

2.   In line with this, a report be brought to Council within the next 2 months which provides an overview of the work currently being carried out by Inner West Council into improving community safety on both public and private lands and property across the LGA. That this report include, how community safety is being integrated into council’s planning controls; what audits have been done in the three councils of Leichhardt, Ashfield and Marrickville on identifying high risk places and what has been done about putting in place action plans to address identified risk areas; what staff resources are currently allocated to improving community safety and what other measures are currently being taken by Council to promote community safety, and what further measures are needed to ensure that Inner West residents can enjoy open, free and accessible spaces at night. The report should also include consideration on the setting up of a Community Safety Committee for the Inner West Council with members to include the police, relevant council staff members, Councillors and community stakeholders.

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Stamolis, Steer and York

Against Motion:          Nil

Absent:                        Cr Passas

 

C0418 Item 30    Notice of Motion: Inner West Council Libraries

Motion: (Drury/Macri)

 

THAT Council:

 

1.   Welcomes NSW Labor commitment to increase the library subsidy to $3.70 to index the subsidy and create the $25 million dollar public infrastructure plan; and

2.   Calls on the Premier to match this commitment.

Motion Carried

For Motion:                 Crs Byrne, Drury, Iskandar, Lockie, Macri, McKenna OAM, Stamolis and York

Against Motion:          Crs Da Cruz, Hesse, Kiat, Porteous and Steer

Absent:                        Cr Passas

 

Foreshadowed Motion (Porteous/Hesse)

 

THAT Council writes to the Premier and the Leader of the Opposition and calls for a substantial library subsidy increase to meet the current shortfall.

 

This Foreshadow Motion lapsed.

 

C0418 Item 31    Notice of Motion: Supporting early childhood education and childcare staff in the Inner West

Motion: (Kiat/Hesse)

 

THAT Council:

 

1.   Publicly express its support for the early childhood education and childcare campaign for equal pay campaign including the strike on 27 March 2018, including by writing in support to unions involved;

 

2.   Reiterate its commitment to providing high quality, affordable, and accessible childcare in the Inner West, especially through the Council owned and operated centres including the new centre at Steel Park; and

3.   Recognise the valuable, skilled work performed by our ECEC staff for our community, and reiterate Council's commitment to fair, non-discriminatory pay and conditions for our staff.

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Stamolis, Steer and York

Against Motion:          Nil

Absent:                                  Cr Passas

 

 

 

Councillor Lockie requested that the meeting consider an Urgency Motion with regards to  Changes to Inner West Bus Services

 

Urgency Motion: (Lockie/York)    

 

THAT the motion be considered as a matter of urgency.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Stamolis, Steer and York

Against Motion:          Nil

Absent:                        Cr Passas

 

The Mayor declared this matter was urgent.

 

Urgency Motion - Changes to Inner West Bus Services

 

Motion:  (Lockie/York)

 

THAT Council writes urgently to the Minister for Transport and Infrastructure and the Secretary of Transport for NSW (TfNSW) to ask that TfNSW:

 

1.    Reverse planned changes to the 422 bus route so that it continues to start and terminate in Martin Place;

 

2.    Reverse any planned changes to other Inner West bus services that result in a reduction of service to and from the Inner West;

 

3.    Correct any missing or potentially misleading information on the TfNSW website relating to route changes; and

 

4.    A report be brought back to Council detailing the officers assessment of the impact of the changes.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Stamolis, Steer and York

Against Motion:          Nil

Absent:                                  Cr Passas

 

 

Meeting closed at 10.29pm.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Public Speakers:

 

 

Item #

 

Speaker                     

Suburb

Item 3:

Frank Breen

Loretta Picone

Birchgrove

Balmain East

Item 5:

Frank Breen

Birchgrove

Item 7:

Juliet Grant

Adrian Ciano

Sydney

Sydney

Item 10:

Matthew Meharg

Rozelle

Item 12:

David Tierney

Sean Macken

Manly

Newtown

Item 13:

Graeme McKay

Janet Dandy-Ward

Haberfield

St Peters

Item 15:

Allan Jones

Rene Holmes

Ashfield

Ashfield

Item 19:

Crisetta MacLeod

Themis Theo

Ashfield

Ashfield

Item 21:

Peter Jennings

Peter Manning

Marrickville

Dulwich Hill

Item 29:

Scott McDougall

Stefanie McKeever

Caterina Robertson

Newtown

Newtown

Newtown

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Minutes of Ordinary Council Meeting held on 8 May 2018

 

Meeting commenced at 6.33pm

 

 

 

 

Present:

Darcy Byrne

Julie Passas

Marghanita Da Cruz Mark Drury

Lucille McKenna OAM

Colin Hesse

Sam Iskandar

Tom Kiat

Pauline Lockie

Victor Macri

Rochelle Porteous

Vittoria Raciti

John Stamolis

Louise Steer
Rik Hart

Elizabeth Richardson

Mayor

Deputy Mayor

Councillor

Councillor

Councillor (6.40pm)

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor (6.43pm)

Councillor

Councillor

Councillor

General Manager

Deputy General Manager Assets and Environment

Michael Tzimoulas

Deputy General Manager Chief Financial and Administration Officer

John Warburton

Deputy General Manager Community and Engagement

Nellette Kettle

 

David Birds

Ryan Cole

 

Graeme Palmer

Prue Foreman

Cathy Edwards-Davis

Kendall Banfield

Adam Vine

Joe Strati

Ian Naylor

Katherine Paixao

Group Manager Civic and Executive Support, Integration,

Customer Service and Business Excellence

Group Manager Strategic Planning

A/Group Manager, Development Assessment & Regulatory Services

Parking and Ranger Services Manager

Communication and Engagement Coordinator

Group Manager Trees, Parks and Sports Fields

Manager WestConnex Unit

Executive Manager, Enterprise Risk

Group Manager Legal Services

Manager Civic and Executive Support

Business Paper Coordinator (Minute Taker)

 

 

APOLOGIES:    

 

Motion: (Byrne/Stamolis)

 

THAT apologies from Clr York and apologies for lateness from Clr Porteous and Clr  McKenna OAM be accepted

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, Passas, Raciti, Stamolis and Steer

Against Motion:          Nil

 

 

DISCLOSURES OF INTERESTS:               Nil

 

 

 

Suspension of Standing Orders

 

Motion: (Drury/Passas)

 

THAT Council suspend Standing Orders to bring forward Item 16 Notice of Motion: Condolence Motion John Francis WALSH, PSM, GCM, BCM, JP to be dealt with at this time.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, Passas, Raciti, Stamolis and Steer

Against Motion:                    Nil

 

C0518 Item 16    Notice of Motion: Condolence Motion John Francis WALSH, PSM, GCM, BCM, JP

Motion: (Drury/Passas)

 

THAT Council write a letter of condolence to the family of  John Francis WALSH, PSM, GCM, BCM, JP, expressing our sadness at his passing and thanking them for his many years of service to the Inner West community.

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, Passas, Raciti, Stamolis and Steer

Against Motion:                    Nil

 

Councillor McKenna OAM entered the Meeting at 6:40 pm.

 

Suspension of Standing Orders

 

Motion: (Byrne/Passas)

 

THAT Council bring forward Items 2, 5, 6 and 14 to be dealt with at this time.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Raciti, Stamolis and Steer

Against Motion:                    Nil

 

Councillor Porteous entered the Meeting at 6:43 pm.

 

C0518 Item 2      Proposed amendments to Standard Instrument - Retail land use definitions

Motion: (Byrne/Iskandar)

 

THAT Council makes a submission to the Department of Planning and Environment based on the recommendations made in this report and advising that Council:

 

a)         Supports the need for change to the way the planning system addresses planning for retailing and supporting our centres;

 

b)         Supports a broader approach to planning for centres, including supporting non-retail activities such as live entertainment, arts and dining facilities in the daytime and in the evening;

 

c)         Supports the introduction of a new definition for artisan premises including microbreweries to support local businesses, subject to the proposed changes made in the report;

 

d)         Recommends that the Department carry out a holistic review of all the retail premises and other relevant definitions under the Standard Instrument LEP to help simplify and streamline planning approval processes for retailing and other supporting non-retail activities in centres, such as small bars;

 

e)         Seek a meeting with the Minister for Planning Anthony Roberts MP and the Department of Planning and Environment Departmental Secretary Carolyn McNally to discuss how the proposal can contribute to ensuring that the micro-brewery industry is viable and sustainable; and

 

f)          That planning for retail in local main streets should also focus on the objective of making main streets more sustainable. The retention of “essential, frequent use” retail shops uses such as grocers, bakers, butchers, greengrocers and newsagents in local main streets should be a priority for any proposed amendments to the standard instrument – retail land use definitions. Retaining the type of shops that generate frequent trips to the main street not only means higher footfall which benefits all retail shops, but also makes it easier to walk to the shops and to shop locally. Currently change of use for most retail shop uses is exempt development and does not require planning permission. Consideration should be given to providing additional protection to retention of “essential, frequent use” retail shops by, for example, requiring planning permission where a change of use is proposed for an "essential, frequent use" retail shop. 

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, McKenna OAM, Porteous and Steer

Against Motion:                    Crs Macri, Passas, Raciti and Stamolis

 

C0518 Item 5      Regulation and Enforcement of Long Term Trailer Parking Report

Motion: (Passas/Byrne)

 

THAT Council:

 

1.       Note hat the amendments to the State Environmental Planning Policy No. 64 – Advertising and Signage (SEPP 64), in respect of advertising trailers, is suitable and has been successful in its application to date;

 

2.       Note that the Inner West LGA becoming a ‘declared area’ for the purposes of Section 15A(1) of the Impounding Act 1993, will not bring relief from the issue of long term boat trailer parking and regulation can occur via specific parking signage;

 

3.       Note that the long term parking of a registered trailer is not an offence and regulation can only occur via specific parking signage;

 

4.       Officers develop a signage strategy aimed at implementing ‘No Parking 7AM-7PM – Motor Vehicles under 4.5t GVM Excepted’ signage in Darley Road, Lilyfield Road and Railway Avenue, and that this strategy be reported to the Local Traffic Committee within two months;

 

5.       Investigate the feasibility of implementing a dry dock area for residents and ratepayers, being a secure facility with 24 hour access; and

 

6.         Investigate the feasibility of a signage strategy being implemented in Frederick       Street Ashfield in an addition to Darley Road, Lilyfield Road and Railway Avenue.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Raciti, Stamolis and Steer

Against Motion:                    Nil

 

Councillor Raciti retired from the Meeting at 7:21 pm.

 

C0518 Item 6      Dogs in Parks-Elliot Park and Balmain Cove Companion Animal Review

Motion: (Stamolis/Macri)

 

THAT:

 

1.       Council proceed with an off leash trial period in the areas highlighted in Attachment 3 at Elliot Park and Balmain Cove for a period of six months commencing from 1 June to 1 December 2018;

 

2.       Council carry out an evaluation on the level of support for making the trial areas permanent at the conclusion of the trial period;

 

3.       Following the completion of the evaluation trail period, a further report on companion animal access at Elliot Park and Balmain Cove be brought back to Council for further consideration;

 

4.       Council prepare a flyer for the neighbouring area to advise of the trial and that Council will be seeking comments in order to evaluate the success or otherwise of the trail; and

 

5.       An assessment of the safety and accessibility of neighbouring townhouses, adjacent to Elliot Park be undertaken during the trial.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, Porteous, Stamolis and Steer

Against Motion:          Crs McKenna OAM and Passas

Absent:                                  Cr Raciti

 

Resumption of Standing Orders

 

Motion: (Byrne/Macri)

 

THAT Standing orders be resumed.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis and Steer

Against Motion:          Nil

Absent:                        Cr Raciti

 

 

C0518 Item 1      Small Bars Proposed Amendment to Leichhardt Local Environmental Plan (LEP) 2013

Motion: (Macri/Passas)

 

THAT Council:

 

1.   Resolves to not withdraw the Small Bars LEP Amendment;

 

2.   Writes to the Minister for Planning and the Department of Planning and Environment seeking reconsideration of the issue and requesting reversion to the approach initially supported by Parliamentary Counsel as outlined in the report; and

 

3. Prepare an amended proposal utilising a complying development approval pathway if the Minister refuses to reconsider the Exempt Development Planning Proposal.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis and Steer

Against Motion:          Nil

Absent:                        Cr Raciti

 

C0518 Item 3      Glebe Island Aggregate Handling and Concrete Batching Facility - Environmental Impact Statement

Motion: (Macri/McKenna OAM)

 

THAT Council:

 

1.       Endorse a submission to the Department of Planning and Environment objecting to the following:

 

a)    The EIS must be revised to address the failure to incorporate Council’s Secretary’s Environmental Assessment Requirements (SEARs) request for inclusion of cumulative impacts of all developments in the Bays Precinct during both construction and operational phases, including the Glebe Island Multi-User Facility and Western Harbour Tunnel;

 

b)    The applicant’s intersection analysis must be revised to include and take into consideration traffic generated by the M4 – M5 link heavy vehicle stabling facility and the Glebe Island Multi-user Facility as these impacts must also be addressed in order to realistically analyse the deterioration of level of service and the operation of the adjacent road network;

 

c)    Assurance is required that Robert Street will not be used to provide any access, including relief access, for the concrete batching works as it is totally unsuitable for such use and would reduce access to the cruise passenger terminal, reduce access to parts of Balmain East, increase conflict and reduce safety at the Robert St/Mullens Street intersection;

 

d)    The Heritage Impact Statement (HIS) must be expanded to identify and describe the impacts on the remaining elements (including potential elements) of the former (first) Glebe Island Bridge, its embankments and potential archaeological evidence, including a site plan with proposed new structures overlaid on a drawing of existing state significant items. All fabric of state heritage significance associated with the both the former and current Glebe Island Bridge should be conserved and opportunities should be explored for erection of heritage interpretation;

 

e)    The EIS must be revised to address the permanent re-opening of the Glebe Island Bridge for an active transport route between Balmain/Rozelle and Pyrmont/Sydney CBD;

 

f)     The level of significance ascribed within the HIS (Appendix C) to the former Glebe Island Bridge given its historical, technical and associational significance; and

 

g)    Further investigation of foreshore public access arrangements for the site must be incorporated into the final proposed design and confirmation must be given that the proposed works will not preclude future foreshore access and connections.

 

h)    Minimise the air pollution from heavy and light vehicles and water vessels associated with the operation of the facility by requiring them to meet the highest emission standards;

4.             

i)     To ensure pedestrian safety and residential amenity restrict heavy vehicles from travelling to and from the site via Annandale, Leichhardt    and Forest Lodge.

 

2.       Write to the relevant NSW Ministers re-stating commitment to the permanent re-opening of the Glebe Island Bridge for active transport as included in the Inner West Council Integrated Transport Plan and Urban Growth’s Bays Precinct Transformation Strategy (pgs. 22 and 52);

 

3.         Retains support for full public access to the Harbour Foreshore; and

 

4.         Opposes the proposal which will mean significant air and noise pollution     impacts unacceptable numbers of heavy vehicles using local roads and a        complete alienation of the community from the foreshore.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis and Steer

Against Motion:          Nil

Absent:                        Cr Raciti

 

Amendment (Stamolis/Hesse)

 

THAT Council:

 

  1. Opposes 24/7 port operations in Sydney Harbour in particular when adjacent or near residential zones; and

 

Motion Lost

For Motion:                 Crs Byrne, Hesse, Lockie, Stamolis and Steer

Against Motion:          Crs Da Cruz, Drury, Iskandar, Kiat, Macri, McKenna OAM, Passas and Porteous

Absent:                        Cr Raciti

 

  1. Retains support for full public access to the Harbour Foreshore.

 

 

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Stamolis and Steer

Against Motion:          Cr Passas

Absent:                        Cr Raciti

 

As the amendment was carried, it was included as part of the primary motion.

 

Amendment (Porteous/Da Cruz)

 

THAT Council opposes the proposal which will mean significant air and noise pollution impacts unacceptable numbers of heavy vehicles using local roads and a complete alienation of the community from the foreshore.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Hesse, Iskandar, Kiat, Lockie, Porteous, Stamolis and Steer

Against Motion:          Crs Drury, Macri, McKenna OAM and Passas

Absent:                        Cr Raciti

 

As the amendment was carried, it was included as part of the primary motion.

 

Councillor Passas left the Meeting at 7:48 pm.

Councillor Passas returned to the Meeting at 7:56 pm.

 

C0518 Item 4      WestConnex Local Area Improvement Strategy

Motion: (Drury/McKenna OAM)

 

THAT Council:

 

1.         Adopts the draft WestConnex Local Area Improvement Strategy (LAIS); and

 

 

2.         Writes to the Minister for Roads and other relevant ministers, forwarding the           adopted LAIS with a request for funding of proposed LAIS works. Council to           argue that Roads & Maritime Services (RMS) funding is justified as the need for         these works is a direct result of WestConnex. Council recognises that while        Stage 3 may reduce traffic on some local streets, others will worsen as a result           of Stages 1, 2 and/or 3. Council remains opposed to all stages of WestConnex,             preferring public transport solutions to Sydney’s traffic congestion problems;       

 

3.         Refine the costings prior to submitting it to the State Government with the   aim      of achieving high service level standards; and

 

5.         Place notice and plans for Buruwan Park and King George's Park at the relevant locations.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis and Steer

Against Motion:          Nil

Absent:                        Cr Raciti

 

 

 

 

Amendment (Da Cruz/Porteous)

 

THAT Council place notice and plans for Buruwan Park and King George's Park at the relevant locations.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Hesse, Iskandar, Kiat, Lockie, Macri, Porteous, Stamolis and Steer

Against Motion:          Crs Drury, McKenna OAM and Passas

Absent:                        Cr Raciti

 

As the amendment was carried, it was included as part of the primary motion.

 

ADJOURNMENT

 

8.05 pm - The Mayor, Clr Byrne adjourned the meeting for a short recess.

8.21pm – The Mayor, Clr Byrne resumed the meeting.

 

C0518 Item 7      Local Participatory Democracy at Inner West

Motion: (Drury/Passas)

 

THAT Council:

 

1.    Make the following SRGs/Committees permanent:

 

a.   Aboriginal and Torres Strait Islander;

b.   Environment;

c.   Housing and Affordability;

d.   Planning and Heritage;

e.   Social Inclusion;

f.    Transport; and

g.   Young Leaders.

 

2.    Replace the Economic Development SRG with the established quarterly forum of Inner West local business chambers and associations, with outcomes reported to Council;

 

3.    Establish an Access advisory group with outcomes reported to Council;

 

4.    Ensure the Environment SRG has representation from community members with an interest or expertise in the Cooks River and Parramatta River catchments;

 

5.    Convene a Multicultural Roundtable bringing together community leaders from Inner West’s diverse communities, and scope development of Multicultural Communication and Engagement guidelines noting that Council has voted to consider establishing a permanent multicultural advisory group, not just a roundtable, and the report is pending;

 

6.    Determine to receive and note a bi-monthly Local Democracy report prepared by Council’s Engagement team. The report will include SRG meeting minutes and updates from relevant working groups, Access advisory group and Business Forum;

 

7.       Determine that Council by resolution may refer items to SRGs, Business Forum or working groups for advice and recommendations to be reported back;

 

8.       Endorse a trial of options including:

 

a.   Hold an annual Councillor roadshow/community forum in each ward, encouraging a large and diverse group of local residents to participate in an engagement event in their local area;

b.   Support community-led independent resident groups through a small grants program to cover meeting costs such as venue hire;

c.   Establish a register of community groups for relevant engagements;  and

d.   Implement a marketing campaign promoting ways to get involved in engagement processes and lodge service requests.

 

9.       Update the Community Engagement Framework to:

 

a.    Include any resolutions resulting from this report;

6.             

b.    Include information about the elected Council; and

 

c.   Review the Community Engagement Framework including the impact of any resolutions which result from this report and the functions of SRGs/committees, Business Forum, advisory and working groups in one year, and report back to Council.

 

10.  Requests a further report reviewing the various pre amalgamation community facilities committees with a view to reinstating those that are relevant;

 

11.   Requests a report on having regular Your Say Inner West street stalls                            on Saturday, rotating across all main streets for general feedback from the               community to Council;

 

12.   Requires the executive (GM and Deputy GMs) to hold regular outreach forums            with the community in different locations;

 

13.       Consult the community on with the proposed Local Democracy          Framework and         report back to Council on the consultation and the costing of the       framework; and

 

14.       Establish a separate history and heritage advisory committee under the       Planning and Heritage Committee.

 

Motion Lost

For Motion:                 Crs Byrne, Drury, Iskandar, Macri, McKenna OAM and Passas

Against Motion:          Crs Da Cruz, Hesse, Kiat, Lockie, Porteous, Stamolis and Steer

Absent:                        Cr Raciti

 

Foreshadowed Motion (Porteous/Da Cruz)

 

THAT:

 

  1. The following Council Committees be established and made permanent:

 

a.   Aboriginal and Torres Strait Islander;

b.   Environment;

c.   Housing Affordability and Homelessness Prevention;

d.   Planning and Heritage;

e.   Social Inclusion

f.    Transport; 

g.   Young Leaders;

h.   Seniors;

i.    Safety;

j.    Cycling;

k.  Access; and

l.   Multicultural.

 

2.   Council Replace the Economic Development SRG with the established                    quarterly forum of Inner West local business chambers and associations, with     outcomes reported to Council;

 

3.   Establish separate Cooks River and Parramatta River Committees;

 

4.  That it be noted that Committees and Groups are invaluable where used effectively to ensure the community has the opportunity to participate in           open government.

 

  Council’s Committee and Groups (excluding the Statutory Committees) are           able and encouraged to:

 

a)    Enable more debate and discussion in a more welcoming environment than the formal Council meeting;

b)    Workshop new ideas and policies;

c)    Incubate and develop new ideas ;

d)    Receive feedback and provide a consultative framework;

e)    Build support for a new idea, new policy or proposal;

f)     Challenge Council, review what Council does, seeking constant improvement; and

g)    Advocate for change and for new ideas and policies.

 

5. Councillors are welcomed members of all Committees and there should be      no     restrictions on the membership of Committees or Groups.

 

6. Determine that Council by resolution may refer items to these Committees,               Business Forum or working groups for advice and recommendations to be                         reported back, and that Committees may by resolution refer           
      items/recommendations to Council for its consideration;

 

     7.                a.         Support community-led Independent resident groups through a                                 small grants program to cover meeting costs such as publication                               and distribution of minutes and agendas. In addition, venues to be                                    provided to community-led independent resident groups at no cost                                    for meetings;

                        c.         Establish a register of community groups for relevant                                                   engagements;  and

                        d.          Implement a marketing campaign promoting ways to get involved                              in local community-led resident groups. 

 

8. Review and Update the Community Engagement Framework to:

 

a.   Include any resolutions resulting from this report; 

b.   Include information about the elected Council;

c.  Develop and updated Community Engagement Framework which will  deliver on the expectations of the elected council and the                 community;

d.   Review the Community Engagement Framework including the impact     of any resolutions which result from this report and the functions       of  Committees, Business Forum, advisory and working groups in  
      one year, and report back to Council.

 

       9.  Council establish a separate history and heritage advisory committee under                             the Planning and Heritage Committee; and

 

10.  Any additional costings be identified in the next quarterly budget review.

 

Motion Carried

For Motion:                 Crs Da Cruz, Hesse, Kiat, Lockie, Porteous, Stamolis and Steer

Against Motion:          Crs Byrne, Drury, Iskandar, Macri, McKenna OAM and Passas

Absent:                        Cr Raciti

 

Amendment (Macri/Byrne)

 

THAT Council consult the community on with the proposed Local Democracy Framework and report back to Council on the consultation and the costing of the framework.

 

Motion Lost

For Motion:                 Crs Byrne, Drury, Iskandar, Macri, McKenna OAM and Passas

Against Motion:          Crs Da Cruz, Hesse, Kiat, Lockie, Porteous, Stamolis and Steer

Absent:                        Cr Raciti

 

Amendment (Stamolis/Kiat)

 

THAT Council establish a separate history and heritage advisory committee under the Planning and Heritage Committee.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Stamolis and Steer

Against Motion:          Crs Drury and Passas

Absent:                        Cr Raciti

 

Suspension of Standing Orders

 

Motion: (Byrne/Hesse)

 

THAT Council suspend Standing Orders to bring forward Item 14 Notice of Motion: Merger Two Years on: Informing the Community to be dealt with at this time.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis and Steer

Against Motion:          Nil

Absent:                        Cr Raciti

 

C0518 Item 14    Notice of Motion: Merger Two Years on: Informing the Community

Motion: (Stamolis/Lockie)

 

THAT Council provide an update to the community on progress with the merger over the first two years including the main tasks done to date and, what is planned to be done over the next year.

 

 

 

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Stamolis and Steer

Against Motion:          Cr Passas

Absent:                        Cr Raciti

 

Resumption of Standing Orders

 

Motion: (Drury/Porteous)

 

THAT Standing Orders be resumed.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis and Steer

Against Motion:          Nil

Absent:                        Cr Raciti

 

C0518 Item 8      Draft Marrickville Road (East) Public Doman Master Plan

Motion: (Macri/Drury)

 

THAT:

 

1.       The draft public domain master plan for Marrickville Road East (ATTACHMENT 1) be placed on public exhibition for a period of 28 days and submissions be received for a further 14 days; and

 

2.       The results of the public exhibition and community engagement process are presented to Council recommending further action.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis and Steer

Against Motion:          Nil

Absent:                        Cr Raciti

 

C0518 Item 9      Short-term licenses at Thirning Villa 40 Arthur St Ashfield

Motion: (McKenna OAM/Drury)

 

THAT Council authorises the General Manager or his delegate to enter into short-term licenses for Thirning Villa at 40 Arthur St Ashfield upon conditions detailed in this report for the purposes of community arts and cultural participation in order to facilitate the artist in residence program.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis and Steer

Against Motion:          Nil

Absent:                      Cr Raciti

 

 

 

 

C0518 Item 10    Biannual Review of Inner West Council Operational Plan FY17/18

Motion: (Drury/McKenna OAM)

 

THAT the report be received and noted.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis and Steer

Against Motion:          Nil

Absent:                        Cr Raciti

 

C0518 Item 11    Policy Register

Motion: (McKenna OAM/ Porteous)

 

THAT Council:

 

1.       Notes the Policy Register on Council’s website;

 

2.         Receives regular updates on the progress of policy review and drafting via the regular Councillor Newsletter email publication; and

7.                 

3.         Notes that some of the new Inner West Council policies for example the Procurement Policy have been adopted by staff but not by the elected council. That such Inner West Council policies should therefore be brought to a council meeting as soon as possible for the consideration and adoption (or otherwise) of the elected council.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis and Steer

Against Motion:          Nil

Absent:                        Cr Raciti

 

C0518 Item 12    Notice of Motion: Commuter Carpark

Motion: (Passas/Macri)

 

THAT Council write to the Premier of NSW commending her and her government on infrastructure that was ignored for far too long.

 

Motion Lost

For Motion:                 Crs Byrne, Drury, Macri, McKenna OAM and Passas

Against Motion:          Crs Da Cruz, Hesse, Iskandar, Kiat, Lockie, Porteous, Stamolis and Steer

Absent:                        Cr Raciti

 

Amendment (Drury/Byrne)

 

THAT point 2 of the original motion be deleted.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Stamolis and Steer

Against Motion:          Cr Passas

Absent:                        Cr Raciti

 

As the amendment was carried, point 2 of the Primary Motion was deleted.

 

Councillor Passas retired from the Meeting at 10:03 pm.

 

C0518 Item 13    Notice of Motion: Improving Screens and Facilities in the Council Chambers

Motion: (Stamolis/Steer)

 

THAT Council:

 

  1. Provide an update in regard to improving screens and other facilities in the Council Chamber; and

 

  1. Provide additional artwork in the Council Chambers.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Stamolis and Steer

Against Motion:          Nil

Absent:                                  Crs Passas and Raciti

 

C0518 Item 15    Notice of Motion: Council Maintenance and Inspections of Public Buildings

Motion: (Stamolis/McKenna OAM)

 

THAT Council:

 

1.   Inspect and assess public entry and exit areas to its key public buildings on, at least, an annual basis;

 

2.   Schedule quick response works where applicable; and

3.   Report back to Council, on at least an annual basis, on the quality of the external appearance of key public buildings.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Stamolis and Steer

Against Motion:          Nil

Absent:                                  Crs Passas and Raciti

 

C0518 Item 17    Notice of Motion: Changes to Inner West Bus Services

Clr Lockie withdrew this motion.

 

Confidential Session

 

Motion: (Byrne/Drury)

 

THAT Council move into Confidential session to consider Items of business containing Confidential Information.

 

 

 

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Stamolis and Steer

Against Motion:          Nil

Absent:                        Crs Passas and Raciti

 

Members of the public were asked to leave the Chamber.

 

Motion: (Byrne/Hesse)

 

THAT Council return to open session to read out the recommendations from the

Closed Session.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Stamolis and Steer

Against Motion:          Nil

Absent:                        Crs Passas and Raciti

 

The Mayor read out to the Meeting the recommendation from the Closed Session of

Council.

 

Reports with Confidential Information

 

C0518 Item 21    Recycling Contract with VISY - former Marrickville area

Motion: (Byrne/Macri)

 

THAT Council:

 

  1. Adopt the recommendation in Confidential Attachment 1; and

8.             

  1.  Immediately commence consideration of the option of the collaboration with    
     industry and universities on recycling micro factories.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Stamolis and Steer

Against Motion:          Nil

Absent:                        Crs Passas and Raciti

C0518 Item 19    Update on Dockless Bike Share

Motion: (Byrne/Stamolis)

 

THAT Council:

 

1.   In a joint communication, where possible, with Canada Bay, City of Sydney, Randwick, Waverley and Woollahra Councils, writes to the NSW Government seeking urgent amendment to legislation or regulation to allow for the effective management of commercial bike share;

 

2.   Staff continue to liaise with staff from the other five councils to explore how the recommendations from the three month review can be implemented and report back to a future meeting on action options and potential costs to Council;

  1. Conduct an impounding blitz on bikes, using Council’s discretionary powers to impound bikes causing an unacceptable obstruction in a public place;

9.             

  1. Publicly tie this impounding blitz with accessibility issues for people with a disability and parents with prams in particular in line with Council’s adopted Inclusion Action Plan;

10.           

  1. If following a suitable period of notification the Operators have failed to reclaim their impounded bikes, and it is found that the bikes cannot practically be resold, Council will seek a community organisation to repurpose the bikes for free distribution to disadvantaged segments of the community;

 

  1. To conduct a public awareness campaign to promote safety and responsible use of share bikes and keep the community informed about the benefits and challenges of bike share; and

11.           

  1. Receive a report within 3 months reviewing the actions in the recommendations.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Stamolis and Steer

Against Motion:          Nil

Absent:                        Crs Passas and Raciti

 

C0518 Item 20    Construction Lease to Sydney Metro

Motion: (Drury/Steer)

 

THAT:

 

  1. The General Manager (or delegate) negotiate the terms and sign the construction lease with Sydney Metro for property identified as part Garden Street, Railway Parade, Burrows Avenue and Bolton St Marrickville (the Property) for a term of 4th June 2018 until 31st December 2021 as per ATTACHMENT 1; and

12.           

  1. A report from the Group Manager Properties and Major Buildings be brought back to council in June of all Council assets to be acquired or leased for the construction and operation of Westconnex Stage 3 including Buruwan Park in Annandale, King George's Park in Rozelle, Bignell Lane in Annandale (coloquially referred to as Camperdown) and Blackmore Oval in Leichhardt.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Stamolis and Steer

Against Motion:          Nil

Absent:                        Crs Passas and Raciti

 

 Meeting closed at 10.48pm.

 

 

 

 

 

 

 

 

 

 

 

 

 

Public Speakers:

 

 

Item #

 

Speaker                     

Suburb

Item 2:

Richard Adamson

Newtown

Item 5:

Robert Moore

Lilyfield

Item 6:

Ron Glew

Sam Trattles

Rozelle

Rozelle

Item 14:

Steven Reitano

Marrickville

 

 


 

Item No:         C0518 Item 1

Subject:         Richard Murden Reserve-Provision of Three Netball Courts.           

Prepared By:     Aaron Callaghan - Parks Planning and Engagement Manager 

Authorised By:  Cathy Edwards-Davis - Group Manager Trees, Parks and Sports Fields

 

SUMMARY

This report summarises the outcomes of community engagement with regards to the proposed development of three netball courts and supporting infrastructure in the northern section of Richard Murden Reserve, Haberfield. The report highlights public support for the project and recommends that the project proceed in 2018/19.  Specifically the report recommends the provision of three hard surface dedicated netball facilities, one of which is multipurpose and can also be utilised for basketball.  

 

 

RECOMMENDATION

 

THAT:

 

1.       Council proceed with the detailed design and delivery of three new netball courts with supporting sports training lighting at Richard Murden Reserve Haberfield;

 

2.       One of the courts be constructed as a multipurpose court to support both basketball and netball;

 

3.       Council provide public toilets in close proximity to the proposed new courts in 2019/20; and

 

4.       That Council undertake road line marking to provide parking for up to 30 car spaces along Hawthorne Parade in the area immediately adjacent to the proposed multipurpose court area. 

 

 

 

 

BACKGROUND

Council is proposing to create new netball courts and facilities in Richard Murden Reserve, Haberfield to address an identified need for additional high quality netball training spaces. Council previously investigated developing these facilities at Shields Playground in Darley Road, Leichhardt; however, this option was not pursued due to community concerns.

 

It was determined that Richard Murden Reserve, Haberfield, was the most suitable alternative site.  The proposed location of the new netball courts is highlighted in Attachment 1.

 

At the Council meeting on the 23 August 2016, the minutes of the 2 August 2016 LRAC meeting were adopted including the following:

 

1.    The Leichhardt Representation Advisory Committee note Council officers' 
       advice on the suitability of an alternative site for netball court provision in the
       northern section of Richard Murden Reserve;

 

2.    Work on the preparation of a Development Application for netball courts and
       public amenities at Shields Playground is put on hold, pending the
       development of new concept plans and community engagement;

 

3.    Local residents and netball clubs in both Ashfield and Leichhardt are consulted
       and updated on the alternative option; and

 

4.   The progress of the project be undertaken on the basis that the former
      Leichhardt LGA netball clubs that were to be provided access be given priority.

 

Following the adoption of the Council resolution conceptual plans for the proposed new netball courts were developed and a community engagement strategy was developed.

 

 

FINANCIAL IMPLICATIONS

Council has a budget of $782,000 for new netball courts at Richard Murden Reserve. The project construction will be subject to competitive tender.

 

OTHER STAFF COMMENTS

 

A Healthier Inner West-Recreation and Needs Study

 

The draft, Recreation and Needs Study: A Healthier Inner West will shortly be presented to Council. This study, once adopted by Council will provide the evidence base to inform the development of Council policy and strategy in relation to the recreation needs of the Inner West for the next 10 years. In preparation of the study Council officers met with Netball NSW to discuss current facility supply. The engagement processes to date with the community and Netball NSW did not highlight the need for additional match play facilities and the Inner West is served by a number of regional netball facilities in adjacent Council areas. However the need for training facilities is highlighted by the fact that there are no specific netball facilities throughout the former Leichhardt local government area.

 

 

Greenway Missing Links Report

 

The preliminary draft master plan for the Greenway missing links report recommends that Council consider consolidating netball facilities in the southern part of Richard Murden Reserve. Currently there are six courts in this area of the park. The placement of an additional three courts in this area would require further study in terms of the impacts of intensification of use and parking impacts in this area. Costs associated with reconfiguring these existing courts would need to be evaluated as part of the Greenway Master Plan. Community feedback on such a proposal would also need to be undertaken in line with the Greenway Master Plan project. 

 

Traffic Study

 

As part of the development proposal for the proposed netball courts Council officers engaged GTA Traffic Consultants to assess traffic demand and the likely parking demand associated with the proposed development. The traffic consultants have produced a detailed traffic study report on the impacts of the proposed netball courts in terms of parking demand needs. A full copy of the outcomes of this review is attached as Attachment 2. Key findings of the traffic study are highlighted as follows:

 

Car parking occupancy and turnover/ duration of stay surveys were undertaken by GTA in the following locations:

 

·    Hawthorne Parade between Waratah Street and the existing netball/ basketball courts

·    Hawthorne Parade between the existing netball/ basketball courts and Dobroyd Parade

·    Tillock Street between Learmonth Street and Waratah Street  Waratah Street between Hawthorne Parade and Tillock Street

·    Canal Road.

 

Traffic  surveys were undertaken on days when both the existing netball courts at Richard Murden Reserve and Blackmore Oval were being used, during the following periods:

 

·    Wednesday 14 March 2018: 4pm to 8:30pm

·    Thursday 15 March 2018: 3:30pm to 9pm.

 

The traffic surveys along Hawthorne Parade indicate that parking demands on Hawthorne Parade near the existing netball/ basketball courts are generally low to moderate, with peak demands observed in the evening periods, when the public open space, children's play area, tennis courts and fitness course are expected to be used. The peak demands were corresponded to 59 spaces (40 per cent occupancy) with a minimum of 89 vacancies.

 

The surveys along streets next to Hawthorne parade indicate that parking demands on Tillock Street and Waratah Street are also generally low to moderate, with peak demands generally observed in the evening periods. The peak demands were corresponded to 36 spaces (73 per cent occupancy) with a minimum of 13 vacancies on Tillock Street and 13 spaces (46 per cent occupancy) with a minimum of 15 vacancies on Waratah Street.

 

Parking demands on Canal Road are also generally low to moderate, with peak demands generally observed in the evening periods. In terms of evening periods when the Richard Murden Reserve and Blackmore Oval is expected to be used, the peak demands were corresponded to 49 spaces (61 per cent occupancy) with a minimum of 31 vacancies on Canal Road.

 

For the purposes of the traffic assessment GTA noted that based on best industry practice 10 spaces per court rate has been adopted and considered appropriate for planning and parking management purposes. The proposed three netball courts, could therefore be expected to generate a car parking demand of up to 35 spaces. Based on these findings GTA has recommended that Council line mark up to 35 car spaces along Hawthorne Parade with 2 hour parking restrictions (eastern side of the road only). An image of the proposed extent of the parking restrictions is highlighted in Image 1.0.

 


 

Image 1.0 Proposed Parking Restrictions Richard Murden Reserve.

 

 

 

PUBLIC CONSULTATION

On 29th January 2018 Council launched a public survey on its Your Say Inner West website advertising the proposed netball courts, sports floodlighting, landscaping works and public toilet facilities.  A total of 500 flyers were distributed to residential properties within the Haberfield area and the public survey was also advertised in the respective park areas. Local netball clubs were also notified of the public survey. The survey ran through to the 26th February 2018.

 

A copy of the flyer advertising the conceptual plans and the survey is attached (refer to Attachment 3).

 

In total 873 people viewed the survey project page with a total of 396 people completing the public survey. In addition Council received six written submissions in relation to the survey. A summary of these submissions is attached (Refer to Attachment 4)

 

A total of 73% of all survey respondents supported the development of netball courts in the proposed location.  In addition a total of 89% all survey respondents supported the development of public toilets to support use of the new courts. A full summary of survey responses has been summarised in Graphs 1 and 2 below:

 


 

Graph 1 Support for the Location of Netball Courts in Richard Murden Reserve.

 

Graph 2 Support for the Proposed Location of New Public Toilets at Richard Murden Reserve

 

A breakdown of the survey results by suburb shows the following:

 

Support for the location at Richard Murden

Local Residents
(Haberfield, Lilyfield, Leichhardt)

Other Suburb/ Suburb Not Specified

Total

 

Number

%

Number

%

Yes

81

53.6

209

85.3

290

Yes, support netball courts but in a different location

22

14.6

13

5.3

35

No

48

31.8

23

9.4

71

Total

151

100.0

245

100

396

 

Based on the outcomes of the community engagement Council officers are recommending that Council proceed with the development of detailed construction drawings to tender stage for Stage 1 of the project.  Design works for Stage 2, the provision of suitable public toilets is also recommended to commence with these works being financially delivered in the 2019/20 financial year. 

In addition to the above it is important to note that the public consultation highlighted the popularity of the existing basketball facilities at the park. The loss of these courts was an issue in the public submission process. In this regard Council officers are proposing that one of the proposed new courts is multipurpose in function and design.  In this respect should the construction of new courts proceed these will be designed as dual facilities which can be utilised for both basketball and netball.

 

CONCLUSION

There is demonstrated community support for netball and basketball courts at Richard Murden Reserve.  The traffic study demonstrates minimal impacts on local residents in terms of perceived car parking from evening training. In this respect only minimal parking intervention measures and limited parking restrictions are recommended to support future court use.

 

Moving forward it is recommended that Council proceed with detailed design and delivery of the project in 2018/19. Once completed, this project will assist greatly in addressing key deficiencies in netball provision in the north of the Inner West local government area.

 

 

ATTACHMENTS

1.

Proposed Netball Court Location Map

2.

Traffic Study Report

3.

Community Engagement Flyer

4.

Summary of Written Public Submissions

  


Council Meeting

22 May 2018

 


Council Meeting

22 May 2018

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council Meeting

22 May 2018

 


 


 


Council Meeting

22 May 2018

 


 


 


 


 


 


 


 


 


 


Council Meeting

22 May 2018

 

Item No:         C0518 Item 2

Subject:         Salmon Park - Community Safety                  

Prepared By:     Aaron Callaghan - Parks Planning and Engagement Manager 

Authorised By:  Cathy Edwards-Davis - Group Manager Trees, Parks and Sports Fields

 

SUMMARY

This report highlights community safety Issues associated with the outcomes of a community meeting which was held at Salmon Park on Wednesday 9th May 2019 at Salmon Park in Newtown.

 

Salmon Park was formally opened as a park in 1939. The park is a small neighborhood park, off Station Street in Newtown

 

The park is highly valued by local residents. Over the last year, incidents of anti-social behavior (largely on Friday and Saturday evenings) has resulted in calls to the NSW Police and a formal approach from residents to Council requesting consultation on how park safety can be improved and incidences of antisocial behavior reduced.  

 

This report recommends that Council consider a number of proactive measures both in the short term and in the future to improve park safety and enhance the amenity of the park for community enjoyment and use. The report also highlights the limitations of Council and the important role that the NSW Police has in legally addressing anti-social behaviour incidents. 

 

 

RECOMMENDATION

 

THAT Council:

 

1.       Liaise with Ausgrid to upgrade the current park lighting at Salmon Reserve with a particular emphasis on lighting up the playground area;

 

2.       Request Ausgrid investigate lighting improvements in Candem Lane;

  

3.       Resolve to establish an Alcohol free zone in Salmon Reserve;

 

4.       Install appropriate signage in the park noting that the consumption of alcohol is prohibited and that organised use of the park must be booked through Council;

 

5.       Over the next six months, request it’s Compliance section to undertake regular inspections of Salmon Park on weekends (day time surveillance only) to ensure that the park is being used appropriately;

 

6.       In consultation with the community, undertake the development of a park master plan for Salmon Reserve in 2020/2021; and

 

7.       Formally write to residents in Station Street, Newtown informing them of Council’s Parksafe initiative for Salmon Park and the need for local residents to report incidences of anti-social behaviour to the NSW Police in the first instance. 

 

 

 

BACKGROUND

At Council’s Ordinary Council meeting held on the 24th April 2018 Council resolved the following:

 

THAT Council staff consult with Stanmore Ward Councilors and local residents on community safety at Salmon Playground and report within 4 weeks to Council on a plan for improving community safety at Salmon Playground, 118 Station Street, Newtown, including proposed costs and timeline for works.

 

FINANCIAL IMPLICATIONS

Lighting improvements to the park require further discussion with Ausgrid.  It is likely that these costs can be funded from the existing minor parks asset budget.

 

The development of a future master plan for the park is estimated at $10,000.  This will be included in the future draft budget for 2020/2021.

 

 

OTHER STAFF COMMENTS

Nil.

 

PUBLIC CONSULTATION

 

A public meeting was held at Salmon Playground on the 9th May 2018.

This public meeting was advertised by the following means:

 

·    Notification on the Council web site

·    Letter drop to 115 residential properties in Station Street, Holt Street and Baily Street.

·    Displaying two A3 notices in the Park.

 

In attendance at the public meeting were:

 

·    Councilor Louise Steer

·    Councilor Pauline Lockie

·    Councilor Anna York

·    9 local residents and Park Users

·    Representative from the NSW Police (Inner West Area Command)

·    Council’s Parks Planning and Engagement Manager.

·    Council’s Community Projects Coordinator.

·    Council’s Community Projects Officer. 

 

Key Community Safety Issues-Salmon Park

 

Key Issues highlighted by local residents and park users at the public meeting have been summarised as follows:

 

·    Poor lighting within the park (especially around the playground)

·    Anti-Social behavior in the park after-dark and primarily on weekends.

·    Vandalism and criminal behavior including destroying parked car windscreen wipers and kerb side wing mirrors

·    Spray painting cars with postcode tags

·    Parked motorbikes pushed over

·    Theft from cars

·    Needles and broken bottles in Salmon Park playground

·    Defecating and urinating around the Salmon Park playground

·    Shouting, running, swearing, public nuisance type behavior

·    Intimidating behavior

·    Recently a homeless young woman was camping in Salmon Park.  Residents were concerned for her safety given the observed activities in the park.

·    Report “flashing” incidents.

·    Dumping of rubbish in Station Street.

 

NSW Police Representative Comments

 

·    A number of years ago Salmon Park playground was a known hot spot for anti-social behaviour. Seating in the park was removed at the request of the NSW Police to deter antisocial behaviour.

·    Salmon Park will now be added to the Safe Park Management Programme which the NSW Police manages in Newtown.

·    NSW Police will include Salmon Park in the Police Tasking Program where plain clothes police will patrol the Station Street and the Park (in unmarked  uniforms).  This will be based on the complaints and report of crime statistics from residents.

·    Residents were reminded of the importance of calling the police to report incidents.

 

 

CONCLUSION

 

Salmon Park is a popular small neighborhood park located off Station Street, Newtown.

In recent times the park has experienced a marked increase in incidents of anti-social behavioral problems which have necessitated calls from residents to the NSW Police. Similar problems are also being experienced at Camperdown Memorial Rest Park and at Fleming Playground in Newtown. Council officers are working closely with the NSW Police to address these issues.  Council officers are recommending interim changes to management practices within Salmon Park including exploring options for working with Ausgrid to improve park lighting around the playground area, improved park signage, regular daytime ranger patrols on weekends, the introduction of an alcohol free zone in the park and investigations on improving laneway lighting in Candem Lane.   Council officers are also recommending that Council budget appropriate funding to develop a park master plan for the park and undertake community engagement on a park master plan in 2020.

 

It is noted that while Council can work proactively to try and reduce incidences of antisocial behavior within the park area, willful damage to private property including damage to cars and theft are issues which the NSW Police have the power and legal responsibility to investigate and act upon. Council will continue to work proactively with the NSW Police to reduce crime within the local government area by undertaking improvements to both parks and the public domain where it can be practically demonstrated that such improvements are needed.

ATTACHMENTS

Nil.


Council Meeting

22 May 2018

 

Item No:         C0518 Item 3

Subject:         Draft Greenway Master Plan           

Prepared By:     Ryan Hawken - Project Manager Greenway Delivery 

Authorised By:  Cathy Edwards-Davis - Group Manager Trees, Parks and Sports Fields

 

SUMMARY

This report is seeking Council’s endorsement of the draft GreenWay Master Plan to be placed on public exhibition for 28 days, with the results presented to Council along with a final master plan for adoption.

 

 

 

RECOMMENDATION

 

THAT:

 

1.       The draft GreenWay Master Plan be placed on public exhibition for a period of 28 days; and

 

2.       The results of the public exhibition and community engagement process are presented to Council along with a final master plan for adoption.

 

 

 

 

BACKGROUND

The Cooks to Cove GreenWay had its genesis in the community nearly 20 years ago. Local Councils first agreed to support the idea of the GreenWay in principle in 2002 and have been working with the community to realize the vision ever since.

The Cooks to Cove GreenWay has previously been known as the ‘Cooks River to Iron Cove GreenWay’ or simply as ‘the GreenWay’, however the term ‘greenway’ is used around the world and is becoming more widely used in Australia to refer to other urban green corridors. Therefore the name ‘Cooks to Cove GreenWay’ has been proposed to distinguish this greenway from others, with a simple reference to its location, linking the Cooks River to Iron Cove.

The draft GreenWay Master Plan: Cooks to Cove GreenWay (May 2018), from here in referred to as the ‘draft GreenWay Master Plan’, builds on a range of strategic plans, documents and strategies, developed over the past 10 years including the GreenWay vision established in 2009 for “A recognisable environmental, cultural and nonmotorized transport corridor linking the subcatchments of two of Sydney’s most important waterways”

The draft GreenWay Master Plan presents a clear plan guiding the implementation of infrastructure, both built and natural, which is consistent with the values and views of the local community and stakeholders.

It establishes the GreenWay as an integrated ecological and active transport corridor that facilitates a range of passive and active recreation opportunities and incorporates local places for culture and art.

 

Master Plan Scope

The GreenWay Master Plan is intended to be the principal plan guiding the implementation of physical elements of the GreenWay, both built and natural, over the next 10 to 15 years.

It is intended that an operational management plan be developed separately in 2018/19 to detail continued delivery of GreenWay programs, maintenance, and land management arrangements and agreements. This is outside the scope of the Master Plan.

The Master Plan covers the whole GreenWay corridor including the streetscapes, parks, open spaces and natural areas along the route.

A separate Master Plan is being prepared for the Dulwich Hill Parks, including Hoskins Park, Johnson Park, Arlington Reserve and Laxton Reserve, however the GreenWay Master Plan covers the shared path through Johnson Park, and works directly associated with this shared path.

A separate Master Plan is also being prepared for the Marrickville Golf Course and Ewen Park (in collaboration with Canterbury Bankstown Council) and ideas presented in the draft GreenWay Master Plan are intended to inform this separate master plan process.

Master Plan Documents

The draft GreenWay Master Plan has been prepared for Council by landscape architecture, urbanism and environment consultants McGregor Coxall in close collaboration with Council.

Due to the size of the master plan, it has been distributed separately in hard copy to Councillors and can be viewed on Council’s website on the following page; www.innerwest.nsw.gov.au/environment/projects-and-programs/greenway

The draft master plan document comprises the following sections:

1.   Introduction: this section introduces the Cooks to Cove GreenWay and explains the purpose and scope of the Master Plan

2.   Context: this section provides background information on the strategic context of the GreenWay as well as the context around active transport, ecology, recreation and culture

3.   GreenWay Precincts: this section presents an analysis of key features of the existing corridor and its surroundings divided into six precincts

4.   Stakeholder Engagement: this section summarizes the outcomes of community and stakeholder engagement

5.   GreenWays around the world: this section summarizes the GreenWay Benchmark Report and specifically what makes a successful GreenWay.

6.   Master Plan Strategies: presents strategies which have guided the development of the Master Plan

7.   Master Plan: this section presents the Master Plan itself with spatial plans for the six precincts

8.   Implementation: summarizes the proposed implementation strategy for the Master Plan including prioritization of works

9.   Design Strategies: this section provides guidance on how future design can ensure the intent of the master plan is delivered

The draft master plan also has four appendices

·    GreenWay Community Engagement Report (ATTACHMENT 1): provides details of the community engagement under taken to inform the draft Master Plan

·    GreenWay Benchmark Report (ATTACHMENT 2): provides benchmark case studies of greenways around the world and identifies specifically what makes a successful greenway.

·    GreenWay Route Options Assessment (ATTACHMENT 3): provides a detailed analysis of possible route options along the GreenWay corridor which informed the draft Master Plan

·    GreenWay Traffic Analysis Report (ATTACHMENT 4): provides a detailed analysis of road crossings and on-road sections along the route which informed the route options assessment and the draft Master Plan

Key Issues: Property impacts

The proposed GreenWay travels through existing easements across private property at two locations: Summer Hill Flour Mills and Waratah Mills. At both locations easements have been reserved specifically for the GreenWay.

At the Summer Hill Flour Mills the GreenWay will travel from Smith Street down the driveway of 2 Smith Street to the light rail corridor as a shared zone. Provision of the shared zone is a condition of consent and will be completed in 2018/19 by the developer. There is no other feasible alignment at this location.

At Waratah Mills an easement was created in 2003 when the property was first redeveloped into a residential apartment complex to facilitate a GreenWay link from Davis Street down the driveway to the light rail corridor. Preliminary advice from traffic engineers is that use of the Waratah Mills driveway would be feasible for the GreenWay path given that the car park has a low turnover and low travel speeds (5km/h sign-posted speed limit). The alternative option at this location is a tunnel under Davis Street costing in the order of $2 million. The landowners have expressed concerns regarding the proposal.  These concerns are primarily related to safety. Council is yet to be convinced that these safety concerns will manifest.  Notwithstanding this, in order to resolve the impasse, it is recommended that Council proceed with the alternative option, which is a tunnel underneath Davis Street, through the bridge abutment, adjacent to the light rail.

It is also anticipated that at Hercules Street the corridor is too narrow to construct a path or tunnel from Hercules Street south into the light rail corridor. Pending detailed design, partial acquisition of part of property will likely be required to facilitate this link. Around a 25m2 area is likely to be required.

Key Issues: Path Route

The main path is intended primarily to be a recreational walking and cycling route, and links two existing important recreation routes at the Bay Run and Cooks River Cycleway. The main path will also perform an important function for commuter cyclists by linking three existing or proposed important east west cycling routes.

The main path route travels through existing parklands, the light rail corridor, on-roads and through easements across private property. In the light rail corridor the route is aligned on the western side of the light rail tracks.

Where space permits, the master plan provides alternative routes to provide for a range of users including secondary and tertiary paths in parks for walkers and parallel on-road routes for faster cyclists.

The main path route has been determined based on a detailed analysis of possible route options along the GreenWay corridor. This is detailed in the GreenWay Route Options Assessment and supported by the GreenWay Traffic Assessment Report, which are both Appendices to the main Master Plan document.

There are a few critical links where the route options had unavoidable impacts, most notably between Davis Street and Constitution Road. Through this link and adjoining links, the western alignment was assessed to have a number of significant advantages over an eastern alignment. The decision was based on a robust assessment of possible options and the wide range of community needs which the GreenWay corridor seeks to support along its entire length.

The decision was a difficult one and not taken lightly, as Council is very aware of the concerns expressed by bush care volunteers and residents of the area

Key issues: Road Crossings

The GreenWay route crosses ten roads including four state roads and three regional roads. Currently many of these roads act as barriers to movement and are unsafe to cross due to lack of appropriate crossing points along the GreenWay route.

Grade separation is not possible at every road crossing under current funding. Given the significant expenditure required for grade separated crossings it is essential that the priorities are based on a thorough assessment.

A detailed analysis of existing crossings and upgrade priorities is set out in the GreenWay Traffic Assessment, which is an appendix to the main Master Plan document.

At each road the traffic assessment has explored options for and made recommendations for:

·    at-grade crossings: where users cross at the same level as road traffic (e.g. pedestrian refuges, pedestrian crossings and traffic signals)  and typically cost in the order of $50,000 to $250,000; and

·    grade-separated crossings: where users cross under or over road traffic (e.g. underpasses, tunnels or bridges) and typically cost in the order of $1.5 to $2.5 million

ATTACHMENT 5 provides a summary of the analysis and prioritization of road crossings which is based on a range of factors including: the relative safety of the existing crossing; whether the crossing is needed to complete the GreenWay spine; interdependencies with adjoining links; and whether the crossing can be built as a standalone project in the future.

The following road crossings are proposed under the current funding:

·    City West Link: Existing underpass

·    Marion Street: Existing traffic Signals (interim)

·    Parramatta Road: New underpass

·    Longport Street: New Tunnel

·    Old Canterbury Road: New traffic signals (interim)

·    Davis Street            : New Tunnel

·    Constitution Road: New Tunnel

·    New Canterbury Road: New Underpass

·    Hercules Street: Upgraded Pedestrian Crossing (interim)

·    Ewart Street: New traffic signals

Future funding should be sought for additional road crossing works in the following order:

1.   Hercules Street: New Tunnel

2.   Marion Street: Modified Traffic Signals

3.   Old Canterbury Road: New tunnel

Draft Master Plan

The current funding for construction of the GreenWay is substantial, but does not cover all of the works proposed in this Master Plan. As part of the implementation plan, each element in each precinct has been given a priority of A to C as follows:

A. Highest priority for current funding, target 2021/22 completion

B. Seek funding for these elements as the next priority, target 2025/26 completion

C. Timing for these elements will depend on future funding availability and may be opportunistic

Priorities of the main elements of the GreenWay Master Plan are summarized in the following table.

Public Exhibition

Public exhibition is proposed as the next phase of the master planning and engagement process. Refer to Public Consultation below for details of community engagement undertaken to date. Public exhibition will allow the community and agencies another round of input on the draft master plan to ensure proposed strategies meet community aspirations.

The public exhibition period will be for a period of 28 days.  The exhibition period is intended to commence from Friday 25 May 2018.  All submissions will be reviewed with feedback integrated in an updated master plan. The feedback will be presented back to Council in a schedule detailing comments received and how comments are to be addressed, along with the final draft master plan. The public exhibition will be advertised via Council’s e-newsletter, a newsletter to properties along the GreenWay, the Your Say Inner West website, and social media.

 

 

FINANCIAL IMPLICATIONS

It is intended that an operational management plan be developed separately in 2018/19 to detail recurrent expenditure associated with the GreenWay, including delivery of GreenWay programs and maintenance. This is outside the scope of the GreenWay Master Plan.

The draft master plan proposes around $57.3m of works over the next 10 or 15 years. Existing funding is available to deliver around $25.7m of works between 2018/19 and 2021/22. The existing funding includes:

·      $8.87 million funded from Parramatta Road Urban Amenity Improvement Program grant which must be spent on specific shared path links between Parramatta Road and Old Canterbury Road.

·      $6.95 million funded from RMS NSW priority cycle ways grant must be spent on design and construction of new infrastructure.

·      $1.50 million funded from NSW Stronger Community Fund grant which must be spent on specific shared path links between Parramatta Road and Longport Street and also a link through Blackmore Oval.

·      $6.95 million funded from Inner West Council funds from Section 94 developer contributions. These are matching funds for the RMS grant and must be spent on design and construction of new infrastructure.

·      $1.41 million funded from RMS NSW priority cycle grant and Canterbury Bankstown Council which must be spent on a new shared footbridge over the Cooks River.

At this point in time, the remaining $31.6m unfunded works will not be delivered unless additional funding is allocated through Council’s Asset Management plan process or provided through grants. Council staff will continue to apply and lobby for state and federal grants for currently unfunded works.

 

OTHER STAFF COMMENTS

The development of the master plan has been a collaborative process with input from many disciplines across Council.  Feedback was sought at several times through the development of the plans, and staff comments have been integrated into the plans.  The collaborative and iterative process has been helpful in developing a master plan that has the potential to benefit many users. The internal stakeholders across Council have included representatives primarily from:

·    Trees, Parks and Sportsfields

·    Environment and Sustainability

·    Strategic Planning

·    Footpaths, Roads, Traffic and Stormwater

·    Community Services and Culture

·    Properties, Major Projects and Facilities

·    Recreation and Aquatics

·    Communications, Engagement and Events

 

PUBLIC CONSULTATION

During October and November 2017 Council undertook community engagement with residents and stakeholders across the LGA.

 

Information was disseminated to the community via a number of means including email, the Council website, social media and newsletter. A total of 12,000 properties along the GreenWay corridor received a newsletter.

 

All advertising material provided details for the Inner West Council ‘Your Say Inner West’ website. The site contained information outlining key dates, an overview of the project and a link to an online survey.  The survey was open from 13 October to 15 November 2017. 1,100 visited the website and 161 completed the survey.

 

Fifteen in person engagement sessions were also held from October to December, with 9 on-site along the GreenWay and the remainder with community and agency stakeholders.

Details of community engagement are detailed in the GreenWay Community Engagement Report.

 

CONCLUSION

The draft GreenWay Master Plan presents a clear plan guiding the implementation of infrastructure, both built and natural, which is consistent with the values and views of the local community and stakeholders.

 

To ensure the plans meet the needs of the users it is appropriate for the wider community to verify the outcomes of the draft GreenWay Master Plan through a public exhibition process.

 

 

 

ATTACHMENTS

1.

Draft Greenway Master Plan Appendix A Engagement Report

2.

Draft Greenway Master Plan Appendix B Benchmark Report

3.

Draft Greenway Master Plan Appendix C Route Options Report

4.

Draft Greenway Master Plan Appendix D Traffic Analysis Report

5.

Road Crossings Analysis

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council Meeting

22 May 2018

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council Meeting

22 May 2018

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council Meeting

22 May 2018

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

 



 


 


 


 


 


 


 


 


 


Council Meeting

22 May 2018

 

GREENWAY MASTER PLAN: COOKS TO COVE
ANALYSIS OF EXISTING CROSSINGS AND UPGRADE PRIORITIES

Street

Traffic volume

Crossing type

Access issues

Traffic safety issues

Existing crossing acceptable as interim option?

Upgrade priority based on access and safety**

Marion Street

High (17,500 AADT)

Traffic signals

      Current configuration requires riders to dismount on both sides of the crossing

      Call buttons are difficult to reach from a bike

      Crossing is not on Greenway desire line

      Long cycle times are an issue, which encourages users to cross when it is unsafe to do so

      Short cutting across the intersection is reportedly common

Yes

Medium priority for upgrade

Parramatta Road*

Very high (76,000 AADT)

Overpass/
lift

      Accessing the overpass involves narrow pathways on steep grades and with tight corners, which are not rideable

      The lift involves long waiting times and does not fit larger bikes

      Traffic safety is not an issue here

No (and a minor upgrade is not feasible)

NA

Longport Street*

High (19,000 AADT)

Pedestrian refuge accessed via footpath

      The only access to the existing pedestrian refuge is via pedestrian footpaths (i.e. not rideable)

      The existing pedestrian refuge provides limited space and does not accommodate larger bikes

      Longport Street is busy and difficult to cross, even with the refuge

      The style of crossing is particularly risky for children as it requires individual judgement (or very clear communication from an accompanying adult) about when it’s safe to cross each leg of the crossing

No

NA

Old Canterbury Road

High (24,500 AADT)

Traffic signals to be installed 2018 (current crossing is a pedestrian refuge accessed via footpath)

      Proposed traffic signals should include provision for pedestrians and bikes to cross Old Canterbury Road

      Proposed traffic signals provide a safe crossing

Yes

Low priority for grade separation


 

Davis Street

Low
(1,300 AADT)

Pedestrian crossing via footpath and Waratah Mills driveway

      The existing pedestrian crossing does not provide for bikes – legally bike riders must dismount to use a zebra crossing

      Footpaths either side also require riders to dismount

      There are relatively steep grades either side of Davis Street

      Riders need to negotiate awkward angles – particularly for larger bikes

      Existing laneway north of Davis Street is narrow (approx. 2 m)

      Low traffic volumes in conjunction with traffic calming (speed hump) and the existing zebra crossing provides the basis for a suitable interim at-grade crossing option

      Use of the Waratah Mills driveway would be feasible given that the car park is for residents only, with a low turnover and low travel speeds (5km/h sign-posted speed limit)

Yes, with minor modifications (see below)

Low priority for grade separation

Constitution Road

Medium (4,250 AADT)

Pedestrian refuge at Williams Pde roundabout (2018 upgrade) via footpath

      The proposed pedestrian refuge is approximately 50 m away from the Greenway desire line

      The only access to the proposed pedestrian refuge is via pedestrian footpaths (i.e. not rideable)

      The pedestrian refuge will provide limited space – its length is 2.5 m, which won’t accommodate trailers or tagalongs

      The style of crossing is particularly risky for children as it requires individual judgement (or very clear communication from an accompanying adult) about when it’s safe to cross each leg of the crossing

      A marked pedestrian and bike crossing is not feasible at this location or within 100 m

Yes, with minor modifications (see below)

High priority for grade separation

New Canterbury Road

High (24,000 AADT)

Traffic signals via footpaths

      Existing signals are not in line with the Greenway

      The only access to the signals is via pedestrian footpaths (i.e. not rideable) although they are approximately 3 m wide

      Long cycle times are an issue, which encourages users to cross when it is unsafe to do so

Yes, with minor modifications (see below)

Medium priority for grade separation

Hercules Street

Low
(1,900 AADT)

Pedestrian crossing via footpath

      The existing pedestrian crossing is approximately 40 m from the Greenway desire line

      The existing pedestrian crossing does not provide for bikes – legally bike riders must dismount to use a zebra crossing

      Due to existing driveways, there is inadequate space to widen the existing crossing to cyclists and pedestrians

      Footpaths either side also require riders to dismount

      Riders need to negotiate awkward angles – particularly for larger bikes

      A mid-block crossing in-line with the Greenway corridor is not viable given the poor sightlines

Yes

High priority for grade separation, due to sight distance issues and the requirement for cyclists to dismount to cross the road

Ewart Street

Medium (8,500 AADT)

Pedestrian island at roundabout

      The existing pedestrian refuge provides limited space and does not accommodate larger bikes

      Ewart Street can be difficult to cross at peak times, due to traffic volumes

      The style of crossing is particularly risky for children as it requires individual judgement (or very clear communication from an accompanying adult) about when it’s safe to cross each leg of the crossing

Yes, with minor modifications (see below)

High priority for upgrade

* Inner West Council has already committed to provide grade-separated crossings of Parramatta Road and Longport Street, which have previously been identified as high priorities (GreenWay Missing Links report 2015)

** As per Traffic report by Jacobs, 2018


 

PROPOSED OPTIONS

Street

Proposed crossing – long-term recommendation

Cost

Interim option

Cost

Design and construction considerations

Upgrade priority

Marion Street

Modified signals:

      Reduce Marion Street to one lane westbound, to reduce distance across and create more space for pedestrians and bikes on either side

      Relocate traffic signals closer to Greenway desire line

      Convert to shared pedestrian and bike crossing, including footpaths on either side and crossing itself

$250k

Retain existing

NA

Long-term option:

      Requires RMS approval

      Fully located on public land

      Can be undertaken as a standalone project at any time

1-5 years: retain existing

5-10 years: modify signals

Parramatta Road

Underpass

$1.45M

NA

NA

Funding is already committed to Parramatta Road underpass

1-5 years: Proceed with underpass

Longport Street

Jacked tunnel

$3.51M

NA

NA

Funding is already committed to Longport Street tunnel

1-5 years: Proceed with tunnel

Old Canterbury Road

Jacked tunnel

$1.90M

Proposed signals to be installed 2018, with the recommendation that these include:

      No access in/out of Weston Street

      Provision for both pedestrians and bikes

      Increased green time for north-south crossing walkers/riders

      Lanterns having a quicker response time to such pedestrian/rider calls

      Optimisation of driver-to-waiting-pedestrian sight lines

      Vehicle stop lines being withdrawn further back from the walk line than is customary

Signals to be installed by others.

Greenway budget allows for Weston Street modifications, which are required regardless of whether tunnel or signals are used here

Signalised intersection will proceed regardless of the Greenway but exact configuration requires RMS approval

Tunnel option can be retrofit as a standalone project

1-5 years:  use signals

5-10 years: build tunnel

 

Davis Street

Jacked tunnel

$2.48M

Upgraded pedestrian crossing including:

      Wider footpaths, marked for shared use

      Separation of bikes at zebra crossing

      Signage and linemarking in Waratah Mills driveway

(Widening the laneway via property purchase is optional extra, not included in cost here)

$125k

Tunnel option requires signal box relocation in consultation with Sydney Trains

1-5 years: build tunnel

Constitution Road

Jacked tunnel

$1.82M

Use proposed pedestrian refuge

Mark footpaths either side for shared use

Build link on southern side up to street level

$500k

$500k allows for the link up to street level to be demolished and replaced if/when a tunnel is retrofit later.

1-5 years: build tunnel

New Canterbury Road

Underpass

$181k

Use existing signals, with pavement marking to indicate shared pedestrian and bike use on either side

Minimal

Underpass construction is likely to be straightforward here, as there is an existing void under the road and it is proposed that the path on either side is situated below road level (between light rail and road level).

1-5 years: build underpass

Hercules Street

Jacked tunnel

$1.97M

Provide access to street level via a ramp on the southern side of Hercules Street.  Leave existing pedestrian crossing in place as is.

$480k

Cost of the interim option covers a ramp up to street level on the southern side of the street.

Either at-grade or tunnel options would require purchase of a portion of the property at #43 Hercules Street.  This cost has not been included here.

In the future, dedication of the two properties at #43 and #45 Hercules Street may open up other access options into the proposed park, however this is an uncertain outcome with uncertain timing.

1-5 years: upgrade crossing and construct ramp

5-10 years: build tunnel

Ewart Street

Though warrants are not met, traffic signals are preferred to improve safety for all user groups, particularly given expected future rider volumes through this intersection

$250k

Upgrade the existing roundabout by ensuring adequate storage space (at least 3 metres wide) is provided at the pedestrian and cyclist refuge

$50k

Signalised option will require RMS approval, including negotiation of exemption from warrants for signalised intersections (in expectation of increasing Greenway traffic on both Cooks to Cove and Sydenham to Bankstown routes)

1-5 years: upgrade refuge

5-10 years: install signals

 

Note that where signals are proposed as an interim or long-term option (Marion Street, Old Canterbury Road, Ewart Street), it is proposed that in addition to the main modifications indicated in the table above, they should also include:

      Increased green time for north-south crossing walkers/riders

      Lanterns having a quicker response time to such pedestrian/rider calls

      Optimisation of driver-to-waiting-pedestrian sight lines

      Vehicle stop lines being withdrawn further back from the walk line than is customary

 


 

SUMMARY TABLE

Street

Traffic Engineer advice re upgrade priority

Relative cost of interim option

Relative cost of long term option

Recommended priorities

Relative priority of long-term option

Notes

Marion Street

Medium priority for upgrade

None

Low

B: Signal upgrade

7

Signals upgrade is a medium priority here as the existing crossing is considered appropriate until funding is available

Parramatta Road

NA

NA

High

Already committed

1

UAIP funding is specific to these specific projects (and the path links either side)

Longport Street

NA

NA

High

Already committed

1

Old Canterbury Road

Low priority for grade separation

None

High

A: Signals

B: Tunnel

8

Even though Old Canterbury Road currently lacks a safe crossing, the proposed signals will provide this in 2018/19

Davis Street

Low priority for grade separation

Medium

High

A: Tunnel

4

The at-grade option is not considered appropriate due to potential conflicts on adjacent private property

Constitution Road

High priority for grade separation

High

High

A: Tunnel

3

A tunnel is a high priority here due to the relatively poor safety of the at-grade option and the high cost of an interim solution

New Canterbury Road

Medium priority for grade separation

Low

Low

A: Underpass

2

An underpass is a high priority here due to its low cost

Hercules Street

High priority for grade separation

High

High

A: At-grade modifications

B: Tunnel

5

A tunnel is a high priority here. At-grade option has poor accessibility and high cost..

Ewart Street

High priority for upgrade

Low

Low

A: Signals

6

An upgrade to signals is a medium priority as it will offer an important safety improvement.  This will become more important as Greenway traffic increases and the Sydenham to Bankstown Greenway is developed.

 


Council Meeting

22 May 2018

 

Item No:         C0518 Item 4

Subject:         Creative Communities and Bringing Arts and Live Music to Buildings Across the Inner West           

Prepared By:     Gill Dawson - Manager Strategy and Policy 

Authorised By:  David Birds - Group Manager Strategic Planning

 

SUMMARY

The purpose of this report is to provide an update on (i) the Mayoral Minute C1017 (Item 40) dated 24 October 2017 which requires Council to investigate options for promoting consistent opportunities for King Street businesses and arts practitioners and (ii) the Notice of Motion C1017 (Item 11) dated 31 October 2017 which requires Council to investigate ways to invest in the arts and culture throughout the Inner West.

 

Officers have met with the City of Sydney Council to discuss their Discussion Paper: “An Open and Creative City: planning for culture and the night-time economy”, the Newtown Precinct Business Association (NPBA), internal stakeholders at Council and reviewed the current planning framework across the three former Councils.

 

Council continues to liaise with the City of Sydney Council on their proposals for the King Street precinct as they develop and this matter will be reported back to Council on completion of further work including the finalisation of the City of Sydney Council proposals.

 

In the immediate term, this report recommends a number of actions including:

·    the development of planning guidance sheets on small scale arts, live music and cultural activities and their permissibility within restaurants, cafes, shops and office premises by Council;  

·    investigating a  sustainable model for the creation of a Live Music/Cultural Planning Liaison Officer to be the first point of contact at Council to assist existing and proposed live music and other arts and cultural activities-related venues to navigate the planning regulation system working closely with Council’s existing Business Advisory role within the Development Advisory Team; and

·    engagement with our local arts, live music and cultural activities communities on the provision of a planning advice service to understand, and ensure the service addresses, their needs.

 

 

 

 

RECOMMENDATION

 

THAT Council:

 

1.    Endorse the Strategic Planning and Economic Development Units to continue working with City of Sydney Council and the Newtown Precinct Business Association to provide consistent planning controls within the King Street Precinct;

 

2.    Receive a report on Exempt and Complying Development options for small scale arts, live music and cultural activities uses and extended operating hours for shops and businesses on King Street;

 

 

3.    Investigate a sustainable model for the creation of a Live Music/Cultural Planning Liaison Officer to be the first point of contact at Council to assist existing and proposed live music and other arts and cultural activities-related venues to navigate the planning regulation system working closely with Council’s existing Business Advisory role within the Development Advisory Team;

 

4.   Develop planning guidance sheets on small scale arts, live music and cultural activities and their permissibility within restaurants, cafes, shops and office premises; and

 

5.   Engage with our local arts, live music and cultural activities communities on the provision of a planning advice service to understand, and ensure the service addresses, their needs.

   

 

 

 

BACKGROUND

The purpose of this report is to provide an update on the Mayoral Minute C1017 (Item 40) dated 24 October 2017 which requires Council to investigate options for promoting consistent opportunities for King Street businesses and arts practitioners and the Notice of Motion C1017 (Item 11) dated 31 October 2017 which requires Council to investigate ways to invest in the arts and culture throughout the Inner West.

 

Mayoral Minute C1017 (Item 40) dated 24 October 2017 is set out below. This report addresses Items 1-4.  In relation to Items 5-7 Council is working with the NPBA and an event is being finalised.

 

That Council:

1.   Provide an in principal commitment to partnering with the City of Sydney to harmonise regulation along King Street as soon as practicably achievable.

2.   Meet with the City of Sydney to discuss and gain deeper understanding of their proposed amendments to Late Night Trading on King Street.

3.   Investigate amendments to Inner West Council’s relevant planning controls in order to allow late night trading on King Street.

4.   Seek cooperation from the City of Sydney in investigating amendments to each Council’s planning controls in order to allow small scale arts and cultural activities, in restaurants, cafes, retail shop fronts and other main street premises on King Street, without the requirement of development consent.

5.   Support the establishment of a King Street Regulation Working Group by the Newtown Precinct Business Association, and commit to engaging with the group in meaningful consultation.

6.   Convene, in conjunction with the Newtown Precinct Business Association, the first meeting of the Newtown Regulatory Working Group to outline the scope of the group and its parameters and set an agenda and desired outcomes.

7.   Invite to the scoping meeting the following representatives

·    Inner West Council

·    City of Sydney

·    Jenny Leong, State Member for Newtown

·    The Hon Anthony Albanese MP, Federal Member for Grayndler

·    The Hon Tanya Plibersek MP, Federal Member for Sydney

·    Roads and Maritime Services

·    Other relevant State Government agencies

This request follows a Discussion Paper released by the City of Sydney Council entitled ‘An Open and Creative City: Planning for Culture and the Night Time Economy’ in October 2017 and a report by the Committee for Sydney Sydney as a 24-Hour City”. The Committee’s recommendations were grouped into four areas including expanding the diversity of night-time activities, effective governance and regulation, an integrated approach to planning and transport and promoting Greater Sydney as a 24-hour city. Of relevance to this report is the recommendation to amend the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 to allow for small scale arts and venues as a temporary use under all zonings except Residential.

 

Notice of Motion C1017 (Item 11) dated 31 October 2017 requires Council to investigate ways to invest in the arts and culture throughout the Inner West, and is set out below. Items 1 and 4 were addressed in a report to the 27 March 2018 Council Meeting (C0318 Item 2). Item 5 will be addressed in a report from Property Services and Community Services and Culture as part of the Land and Property Strategy. This report addresses Items 2 & 3. The planning matters in Item 3 will be considered concurrently with those from the Mayoral Minute.

 

1.       Bringing VIVID Sydney to the Inner West;

2.       Establishing a Live Music Development Fund with an initial $200,000 to encourage artists and venues to enhance existing, and establish new, venues with live music;

3.       Bring arts and live music to various non-residential premises throughout the inner west including providing information on Council’s options for making amendments to the planning controls which would allow such uses without development consent;

4.       Making the Inner West Sydney’s art capital with funding and other measures for street art, decorative murals, decoration of Council vehicles with art and positive social messages and the creation of an Inner West Art prize;

5.       Expanding the ‘Artists in Residence’ program across the Inner West; and

6.       Council’s in-principal support for the Sydenham Station Creative Hub and potential threat to live music in this area from the Sydenham to Bankstown Urban Renewal Corridor.

 

 

 

City of Sydney Discussion Paper: “An Open and Creative City: planning for culture and the night-time economy

 

Important to the consideration of the matters outlined above for the King Street Precinct is the above mentioned discussion paper “An Open and Creative City: planning for culture and the night-time economy”, October 2017 (the Discussion Paper) at Attachment 1. This Discussion Paper acknowledges that small art galleries, performance spaces and music venues, as well as co-working spaces, start-ups and social enterprises, are incubators for Sydney’s creative life.

 

Such development diversifies the night time economy, attracts tourists and provides places for people to produce and engage with local culture. The Discussion Paper was developed, in consultation with Inner West Council staff, through significant research and public engagement with a long term vision and strategies for the City of Sydney’s night time economy and cultural life.

 

Council has discussed the options promoted in the Discussion Paper with City of Sydney Council staff and generally support the options being explored for the King Street precinct. The Discussion Paper is seeking planning and regulatory reforms to strengthen the cultural life and night time economy and includes the following three regulatory reform projects:

 

·    Making it easier for shops and businesses to trade in Central Sydney and the village centres from 7am to 10pm, 7 days a week;

 

·    Making it easier for small-scale cultural uses to take place in existing buildings; and

 

·    Protecting live music and performance venues and encouraging fair management of noise.

 

The Discussion Paper proposes the following eight actions across these areas:

 

A diverse evening economy

 

Action 1: Allow shops and local businesses in areas with an established retail character to extend their opening hours without a new development consent from 7am to 10pm, seven days per week.

 

Action 2: Provide grants for businesses to program retail experiences in the evening.

 

More small-scale cultural uses

 

Action 3: Allow minimal impact small-scale cultural uses without development consent.

 

Action 4: Establish new planning controls specifically for cultural uses that may have some impacts and need development consent, to provide better planning guidance and greater certainty.

 

Action 5: Identify opportunities to reduce or remove notification periods for development applications for small-scale cultural uses.

 

Fair management of entertainment noise

 

Action 6: Fair management of noise impacts by applying the ‘agent of change’ principle.

 

Action 7: Planning controls for new venues and for new noise-sensitive development.

 

Action 8: New noise compliance guidelines to provide greater certainty and consistency.

 

The City of Sydney Council’s Discussion Paper seeks similar changes to the planning controls as outlined in the Notice of Motion and is therefore relevantly referred to in this report.  The Discussion Paper was placed on public exhibition in October 2017 and over 1,300 surveys and written submissions were received.  The City of Sydney Council has engaged consultants to help them work through the issues and has stated that they are willing to share this research with Council when they have completed their analysis. This is unlikely to be until the third quarter of 2018.

 

The Inner West Council (IWC) area is known for its arts and live music uses and comprises numerous arts and creative spaces. Refer Attachment 2 for a summary of Existing Arts and Live Music Venues in IWC. We share the general aims of the City of Sydney Council, whilst acknowledging that IWC is different and has wider areas of interest. This report, whilst addressing the King Street Precinct, has application across the wider IWC area.

 

 

REPORT

 

Partnering with the City of Sydney - Planning Controls for King Street

 

Council’s Mayoral Minute required the following in relation to partnering with the City of Sydney Council for providing consistent planning controls in relation to King Street:

 

1.   Provide an in principal commitment to partnering with the City of Sydney to harmonise regulation along King Street as soon as practicably achievable.

The Mayor and Council officers met with City of Sydney Councillors Jess Scully and Jess Miller and their staff on 27 November 2017 and agreed on this Council’s commitment to providing a more consistent approach to the night time economy along the western side of King Street.

 

As a result Council is now working in partnership with the City of Sydney Council, where appropriate, to align our planning controls to ensure consistency on both the eastern (City of Sydney) and western (IWC LGA) sides of King Street. Council’s Strategic Planning Unit has also been discussing this matter with Council’s Development Advisory Services unit to ensure all potential issues are considered.

 

2.   Meet with the City of Sydney to discuss and gain deeper understanding of their proposed amendments to Late Night Trading on King Street.

Staff from Council’s Strategic Planning and Economic Development Units met with staff from the City of Sydney in November 2017 to gain a better understanding of the proposed changes to the planning controls which are envisaged in the Discussion Paper. The briefing provided Council staff with an understanding of the recommendations and how they may work in the IWC LGA. These discussions are on-going as the City of Sydney Council proposals continue to be finalised.

 

The City of Sydney Council are currently reviewing the 1,300 surveys/public submissions received on the Discussion Paper and responses are being developed. Council is unlikely to complete this process until around the third quarter of 2018 and is not able to share the outcomes with IWC until that time.

 

The City of Sydney Council has previously indicated interest in proposing changes to their exempt development provisions of the Sydney Local Environmental Plan 2012 (Sydney LEP 2012) to allow late night trading and small scale cultural activities without the need for a further development application, however as outlined above the precise nature of these planning changes are not yet known.

 

 

Investigate changes to the planning controls, for late night trading and small-scale arts and cultural activities

 

The Mayoral Minute required investigation into potential amendments to the relevant planning controls for late night trading as well as small-scale arts and cultural activities as follows:

 

3.   Investigate amendments to Inner West Council’s relevant planning controls in order to allow late night trading on King Street.

 

4.   Seek cooperation from the City of Sydney in investigating amendments to each Council’s planning controls in order to allow small scale arts and cultural activities, in restaurants, cafes, retail shop fronts and other main street premises on King Street, without the requirement of development consent.

The Notice of Motion C1017 (Item 11) below is similar to item 4 of the Mayoral Minute above and will consequently be addressed with the items above.

 

5.   Bring arts and live music to various non-residential premises throughout the inner west including providing information on Council’s options for making amendments to the planning controls which would allow such uses without development consent.

These requests generally align with Actions in the City of Sydney Council Discussion Paper on King Street to extend shop and local business opening hours and allow changes for the provision of small scale arts and cultural without development consent.

 

Council has attended meetings with the City of Sydney Council to discuss potential changes to their planning controls so that changes to IWC’s controls can be considered in a consistent manner. The City of Sydney Council has been proposing to implement these changes for small scale cultural activities through exempt development provisions, similar to their proposed changes to the operating hours, so that development consent is not required. IWC is also considering similar proposals that can also be extended across the IWC area. The issues are complex and require specialist technical input to develop possible solutions.

 

The existing planning controls for small scale cultural activities need to be considered in detail. It may be the case that there is currently no need for development consent for some of these uses for small scale cultural activities. Consideration of how ‘small scale cultural uses’ are characterised in the context of the current planning controls also needs to be undertaken. This issue is explored with associated recommendations later in this report.

 

Planning Controls – Opening Hours

 

This section evaluates and proposes enabling shops and businesses (excluding licensed premises) to extend their opening hours without new development consent from 7am to 10pm, seven days per week as exempt development.

 

Action 1 of the Discussion Paper for the City of Sydney proposes to allow shops and local businesses in areas with an established retail character to extend their opening hours without new development consent from 7am to 10pm, seven days per week as exempt development under the Sydney LEP 2012. Ordinarily a development application or a Section 96 modification application would be required to extend operating hours beyond those set out in a development consent. 

 

The Discussion Paper notes that exempt development has a minimal impact on surrounding neighbours and areas, and does not need development consent from the City of Sydney if it meets certain criteria. This is also the case for the IWC part of the King Street precinct area as both the Marrickville LEP 2011 and the Sydney LEP 2012 have been prepared under the Standard Instrument Local Environmental Plan (the Standard Instrument).

 

The Discussion Paper clearly states that any changes to operating hours are to apply to shops and business premises only. Such changes would apply to shops such as grocery stores, clothing stores, bookshops, pharmacies and hardware stores, and businesses such as hairdressers, dry cleaners, travel agents and banks.

 

The Discussion Paper also indicates that the changes to the controls for extended opening hours would not apply to licensed premises such as pubs. This approach is also supported for the IWC area. Extending operating hours at licensed premises requires a detailed consideration of potential impacts and therefore requires development application or a modification to a development consent process for these impacts to be properly assessed. These premises are therefore considered to be outside the scope of the proposed changes under consideration.

 

In the case of the IWC, the Mayoral Minute has requested that such planning changes are investigated for King Street only. It is also considered appropriate that Council consider extending this area to both sides of Enmore Road zoned B2 Local Centre.

 

The changes proposed in the Discussion Paper are to apply to B2 Local Centre, B3 Commercial Core and the B8 Metropolitan Centre land use zones under the Sydney LEP 2012, which includes the B2 zone along the eastern side of King Street.

 

The IWC area concerned largely includes land within the B2 zone, in which business premises and shops are permissible. There is a small area of land zoned B5 – Business Development, in which retail premises and business premises are permissible with consent, as any other development not specified in 2 or 4. Accordingly, changes to the controls for shops and business premises could be undertaken given both land uses are permissible in the two zones which occur along King Street.

 

Exempt Development

 

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the Codes SEPP) governs the exempt and complying development provisions of the Standard Instrument LEPs. The Codes SEPP aims to provide streamlined assessment processes for development that complies with specified development standards, providing exempt and complying development codes that have State-wide application, and identifying exempt and complying development types.

 

The Standard Instrument LEPs may contain additional exempt development not specified in the Codes SEPP, which is the mechanism by which the City of Sydney Council would incorporate changes to allow hours of operation to be exempt development. However, the bulk of the exempt development types are contained in Codes SEPP.

 

Currently, Schedule 2 for exempt development in the Marrickville LEP 2011 includes controls for advertisements and temporary structures (other than temporary builders’ structures) only. Similar changes could be made to this Schedule of the Marrickville LEP 2011 (Schedule 2), which would allow operating hours to be extended from 7am to 10pm for shops and business premises along King Street and Enmore Road without consent.

 

Under Section 76 of the Environmental Planning and Assessment Act 1979 (EP&A Act), exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act. The EP&A Act states that exempt development:

 

a)   must be of minimal environmental impact, and

b)   cannot be carried out in a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994, and

c)   cannot be carried out in a wilderness area (identified under the Wilderness Act 1987).

 

It is considered that extending operating hours for shops and business premises along King Street and Enmore Road within the IWC area satisfies these criteria.

 

However, Clause 1.16 of the Codes SEPP outlines further general requirements for exempt development, including:

 

·    for sites containing a heritage item (Clause 1.16(1A), (1B) and (1C)), it is exempt development only where there is no heritage item for both local and state items unless there is an exemption under the Heritage Act 1977 or where the item does not affect the whole of the site;

·    for existing buildings which are a Class 1b or Class 2-9 buildings (all buildings except dwelling houses and garages), the building must have a current fire safety certificate or fire safety statement or not require one;

·    structures must be installed in accordance with the manufacturer’s specifications; and

·    must not require the removal or pruning of a tree other vegetation which requires a permit or consent.

 

These exempt development provisions are subject to various development standards which includes, among other matters:

 

·    the current use must be a lawful use;

·    the new use must be permissible with consent under an environmental planning instrument applying to the land;

·    the new use must not result in a change of building classification under the Building Code of Australia;

·    various restrictions on the type of uses (for change of uses), for example cannot be a food and drink premises or a funeral home;

·    the new use must not involve building alterations, other than alterations that are exempt development;

·    must be carried out in accordance with any approval granted under section 68 of the Local Government Act 1993;

·    must comply with all conditions of the consent for the use of the premises other than any condition that restricts the trading hours of the premises; and

·    if the conditions of the consent do not specify hours for the loading or delivery of goods to, or the removal of waste from, the premises—only be carried out between 7.00 am and 7.00 pm on any day.

 

It is considered that the matters in Clause 1.16 as detailed above are satisfied for the King Street/Enmore Road area in that there is unlikely to be any trees or other vegetation required to be removed, and there is unlikely to be any significant structural adequacy concerns given the buildings currently exist. Lastly, any potential fire safety concerns could be addressed (where required) by individual property owners and could be addressed in development standards for exempt development (i.e. for the operating hours to be extended, the building must have a current Fire Safety Statement/Certificate).

 

The Codes SEPP currently provides controls for various land uses, changes of use and extended trading hours to be exempt development, which is adopted by the Standard Instrument LEPs in Clause 3.1 – Exempt Development (including the Marrickville LEP 2011). The provisions which have relevance in the current instance include:

 

·    Clause 2.20A and 2.20B – Change of Use includes business premises, office premises and shops changing to a new use as business premises, office premises, shops, kiosks and a public administration building;

·    Clause 2.40A & 2.40B – Footpaths: Outdoor dining - the use of a footway or public open space within the meaning of the Roads Act 1993 as an outdoor dining area associated with lawful food and drink.

·    Clause 2.54A & 2.54B - Mobile Food and Drink Outlets - the carrying out of the retail sale of food, drinks and related products on land from a mobile outlet such as a food truck, van, cart or other similar vehicle.

·    Clause 2.108 - General requirements for temporary uses and structures;

·    Clause -2.129 &2.130 - Trading hours (temporary extensions for Christmas) - the operation of retail premises for 24 hours a day during the period of 2 weeks immediately before 25 December in any year within a business zone, and for a food and beverage premises (excluding licensed premises), and

·    Clause 2.131 & 2.131A - Trading hours – temporary extension for licensed premises for special occasions (including New Year’s Eve).

 

These types of development standards could be incorporated into changes to allow operating hours from 7am to 10pm along King Street to be exempt development under Schedule 1of the Marrickville LEP 2011. In particular, development standards should include that the provisions would not apply to licensed premises; that the use must be lawful and have valid development consent.

 

It is considered that these concerns could be addressed through development standards as part of any additional provision for exempt development.

 

It is therefore proposed that Council’s Strategic Planning Unit thoroughly investigates the exact nature and wording of changes to be made to the Marrickville LEP 2011 to achieve the target outcome of enabling shops and businesses (excluding licensed premises) to extend their opening hours without new development consent from 7am to 10pm, seven days per week as exempt development.  A report on this detailed proposal will brought back for Council’s consideration. This report will also update on the City of Sydney Council’s proposals for similar arrangements for shops and businesses in the King Street precinct.

 

This proposal will require the preparation of a planning proposal pursuant to Section 3.33 of the Environmental Planning and Assessment Act 1979 (EP&A Act). If this option is considered appropriate, relevant public consultation will need to be undertaken as outlined in the EP&A Act for LEP changes. This would also include extensive consultation with local businesses.  This process is likely to take between 6 and 12 months to complete. These changes would need to be approved by the Minister as changes are required to an environmental planning instrument.

 

Planning Controls - Small Scale ARTS AND Cultural Activities

 

This section notes that certain opportunities currently exist for particular low impact small scale arts, live music and cultural activities to occur as ancillary development without any planning approvals, and that exempt development provisions can be developed to enable other small scale uses to take place without approval. It recommends that a planning advisory service be established to assist persons seeking to carry out these activities supported by fact sheets and a dedicated council advisor. It also recommends exempt development provisions be prepared in discussion with industry targeted at the types of activities local persons are seeking to carry out.

 

The principal environmental planning instruments (EPIs) applying to the IWC have been prepared under the Standard Instrument Local Environmental Plans (Standard Instrument LEP) template and include:

 

·    Marrickville Local Environmental Plan 2011 (Marrickville LEP 2011);

·    Ashfield Local Environmental Plan 2013 (Ashfield LEP 2013); and

·    Leichhardt Local Environmental Plan 2013 (Leichhardt LEP 2013).

 

For development to be carried out without the need for development consent, such development would need to be prescribed as exempt development under an environmental planning instrument or be an ancillary use to the approved main use of the premises. More details on land use and definitions is provided in Attachment 4.

 


 

1.   Ancillary Development

“Ancillary use” is not a term that is defined in any of Council's planning controls. It is a concept derived from judicial decisions handed down in the planning law field over many decades.

 

In such circumstances, there is no scope for refining the definition of ancillary use.

 

At its most basic, an ancillary use is a use of land that is subsidiary or subordinate to a principal use and is, therefore, cloaked with the character of that principal use. For example, the use of a garage within a house for parking of vehicles is ordinarily considered to be subsumed within the use of a house as opposed to having some separate character related to carparking.

 

Having said that, even where a use is “ancillary” to a principal use, it may nonetheless be considered to be an independent use (and, therefore, not truly ancillary) if the facts and circumstances warrant such a conclusion.

 

Unhelpfully, the caselaw makes it clear that it is always a question of fact and degree as to whether a use is ancillary and whether, if it is, it is independent. In this light, it is not possible to provide “greater certainty” around this concept.

 

The types of premises to be considered in this Notice of Motion include the following:-

 

·    shop fronts (defined land use is shops);

·    former factories (defined land use is industry);

·    cafes (defined land use is restaurant and cafes);and

·    office blocks (defined land use is office premises).

 

The terms arts and live music, are not defined land uses in the LEPs applying to the IWC. Such uses rely on the term ‘entertainment’, which while there is also no definition for this term; it is used in various other defined land uses in the Principal LEPs applying to the IWC. The Macquarie Dictionary defines entertainment as:-

 

‘The act of entertaining… diversion, or amusement…. especially an exhibition or performance of some kind’.

 

In relation to ‘arts’ uses, the City of Sydney Council’s Discussion Paper refers to small scale cultural activities as involving the following (emphasis added):

 

Small-scale cultural activities involve making or presenting creative content, such as film, art or performance, as well as talks or community events. They can be free, entry-by-donation or ticketed. They are often irregular or one-off events, which if held on a small-scale may not be suitable in one of the city’s permanent theatres, galleries or entertainment spaces. Most small-scale cultural uses happen in older retail, office or industrial buildings, and involve no major works. They don’t necessarily have the same safety or neighbourhood amenity risks as permanent licenced venues, major theatres or public halls (page 16 of the Discussion Paper).

 

It follows that cultural activities such as arts and live music would come under the definition of ‘entertainment’ under the Environmental Planning and Assessment Act 1979 (EP&A Act). This interpretation is adopted for the purposes of this report.

 

Various changes were undertaken to the provision of entertainment by the Department of Planning and Environment (DPE) in October 2009, including:

 

·    Abolition of the Place of Public Entertainment licenses;

·    Revision of various definitions to include the provision of entertainment, including within the definition of a restaurant or café and pub.

·    Addition of a new land use term, entertainment facilities.

 

These changes clarified that existing venues such as pubs, restaurants or cafes, registered clubs and the like could provide entertainment without the need for additional development consent as well as outlining that entertainment was an integral component of entertainment facilities.  

 

The changes mean that pubs, restaurants or cafes, registered clubs and other similar venues do not need development consent to provide live, or any other form of, entertainment that is part of the venue’s main business. 

 

The DPE also provided a fact sheet (Attachment 3) for venue operators entitled “Bringing Back the Music”, which further clarified that venues could have live entertainment as part of their main business without the need for separate approval. However, it also stated that if live entertainment would fundamentally change the principal use of their venue, development approval may be required.

 

In summary, the requirement for development consent for entertainment is outlined below.

 

Currently, entertainment can be provided within existing premises without development consent if:

 

·    It is undertaken within a restaurant or café, small bar or pub and is ancillary to the main use of the premises for such a purpose;

 

·    It is undertaken as an ancillary use to a shop, for example an author’s talk or poetry reading as part of a book store use, a fashion class or display in a clothing store or a small performance or teaching of music in a music shop. Other examples of an ancillary use within existing shop premises could include the following:

 

§ fashion classes, sewing classes, dress making or a fashion parade within a boutique/ clothes shop or clothing alterations shop;

§ book signing, public talk by an author, art classes, or creative writing classes within a book store;

§ small performance or music lessons at a music shop;

§ public talk in relation to pets, animals etc. at a pet shop;

§ interior design lecture or classes at an antiques/homewares shop;

§ pottery or other art classes, painting or photography within an artist’s studio or art shop;

§ web design, graphic arts classes or IT lectures in a computer/photo shop or other like shop; or

§ make up/skin care lessons, demonstrations or discussions at a beauty salon.

 

·    It is undertaken within premises approved as an existing entertainment facility.

 

There are no changes required to these controls as no development consent is currently required.

 

Currently, development consent is required if:

 

·    It is undertaken within a restaurant or café, small bar or pub and is NOT ancillary to the main use of the premises for such a purpose;

 

·    It is undertaken within a shop and is NOT ancillary to the main use of the premises for such a purpose;

 

·    It is undertaken within an existing office premises as ‘entertainment’ cannot be considered to be ancillary to an office use and a change of use from an office premises to any other use apart from another type of office premises, business premises, shop or kiosk, is not exempt development under the Codes SEPP;

 

·    It is undertaken as a new use within a building which is not an approved entertainment facility within the industrial zones in the former Marrickville and Ashfield Council areas.

 

It is recommended that a supportive planning advisory service be established to assist persons seeking to carry out small scale arts, live music and cultural activities supported by fact sheets and a dedicated council advisor. This will help persons seeking to navigate what may often appear as a daunting regime of ‘red tape’ that may otherwise dissuade persons from seeking to hold events. Details of these supporting proposals are outlined in Section 3 below.

 

2.   Exempt Development

Exempt development is prescribed under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the Codes SEPP) as well as additional exempt development types under Schedule 2 of the Principal LEPs applying to the IWC as outlined above.

 

The currently available exempt development provisions in the IWC area offer few opportunities for exempt development pathways to enable small scale arts and cultural activities to take place. It is considered that there is scope to identify tailored exempt development provisions to enable the expansion of these activities through amendments to the IWC LEPs.

 

It is therefore proposed to examine changes to the existing exempt development planning controls in the IWC LEPs to enable wider small scale arts, live music and cultural activities across IWC. Such changes require further investigation in close association with the arts, live music and cultural sector so that the potential impacts of the activities, and how they can be mitigated, can be identified and addressed, and mandated requirements can be developed that protect amenity but also allow the targeted activity to take place.

 

If the potential impacts are so significant for some forms of entertainment that exempt development criteria cannot be identified and met by the activity, the alternative fast-track approval pathway of complying development will also be considered.

 

3.   Other Measures

 

As noted in Section 1 above, there are important supporting measures which it is proposed are introduced to help persons navigate the planning system and bring additional arts, live music and cultural activities into new spaces in the Inner West which do not require changes to the planning controls. It is proposed that these are actioned as follows:

 

A.        Planning Guidance Sheets for Arts, Live Music and Cultural Activities Uses and Cultural Development Officer

 

The preparation of a series of Guidance Sheets or How-to Guides on the permissibility of arts, live music and cultural uses with practical and useful examples would be a useful tool to assist businesses and live music and art operators in outlining whether consent was required in relation to these uses. The sheets would outline when development consent is needed, what types of development could be undertaken without development consent and what types of uses could be considered to be ancillary in relation to these uses.

 

The Live Music and Performance Action Plan (2014) prepared by the City of Sydney recommended this in Action 1.3.2 which stated:

 

1.3.2: Develop information guides in multiple formats that provide specific information on the planning requirements and resources available for setting up a temporary or permanent live music or performance venue in the City of Sydney.

 

Such a guidance sheet could provide vital information and clarification regarding live music and arts uses as well as resolving the concerns which have been raised by various groups/forums, including the City of Sydney. These concerns have highlighted the complexities of the planning system and regulations, which could be clarified as it is currently unclear whether separate development consent is required for such uses.   

 

The guidance sheets could direct enquiries to a Live Music/Cultural Officer, which is discussed further below. This fact sheet could be based on those provided by DPE for “Bringing Back the Music”, at Attachment 3.

 

This fact sheet could be tailored to assist musicians, venue operators and arts practitioners to understand the planning controls and to ascertain the regulations surrounding such uses. A fact sheet or how-to guide for setting up a live music venue is considered to be the most useful tool for businesses in outlining whether consent was required.

 

B.        Live Music/Cultural Planning Officer

 

The Live Music and Performance Action Plan (2014) recommended in Action 1.3.1:

 

1.3.1:  Establish a live music and performance liaison role that acts as first point of contact for regulatory enquiries and applications in relation to live music and performance.

 

This Action recommended the provision of a live music and performance liaison officer which would be the first point of contact for both regulatory enquiries and development applications involving premises wishing to set up a live music and performance venue. Seminars could be organized to provide general guidance and advice.

 

The Notice of Motion C1017 (Item 11) dated 31 October 2017 at Item 2 stated:

 

2.   Establishing a Live Music Development Fund with an initial $200,000 to encourage artists and venues to enhance existing, and establish new, venues with live music;

Consideration should be given to establishing a Live Music/Cultural Planning Officer position with part of these funds. This officer could be the first point of contact and would also work closely with Council’s existing Business Specialist role within the Development Advisory Team. Further investigation is required on a sustainable model for this role in liaison with the Group Manager Community Services & Culture who has indicated support for the proposal.

 

The Live Music/Cultural Planning Council Officer role could undertake similar roles and would enhance the fact sheets by providing a direct contact for enquiries.

 

It is considered that this role could provide vital assistance to the arts and live music sector.

 

In summary, it is considered that the Factsheet/How to Guides and the provision of a live music/cultural planning liaison officer are the most effective tools for assisting the arts and live music industry in the IWC LGA in the short term and are recommended to be progressed by Council staff.

 

To ensure that that the information is tailored to meet the needs of our local arts and live music communities it would be helpful to gain an understanding of their needs. A forum/workshop will be held to facilitate this.

 

Strategic Planning officers will also work closely with Community Services and Culture on how events that are part of EDGE are impacted on by the planning system and explore how suitable advice can be provided to all involved to help facilitate the project. The experiences gained from this work will also inform the development of future planning controls.

 

FINANCIAL IMPLICATIONS

Nil. Funding is allocated in the draft Budget to Community Services and Culture which will be drawn on for the establishment of the Live Music/Cultural Planning Council Officer role. 

 

OTHER STAFF COMMENTS

The Community Services and Culture and Development Assessment & Regulatory Services were consulted in the preparation of this report.

 

PUBLIC CONSULTATION

Not applicable.

 

CONCLUSION

Council has considered the City of Sydney’s Discussion Paper and has met with the relevant planning staff within the City of Sydney to discuss the proposed amendments to their planning controls and their potential extension to the IWC LGA and is committed to ensuring as far as practicable, the aligning of planning controls along both sides of King Street.

 

In relation to allowing late night trading along King Street, it is considered that changes to the exempt development provisions of the Marrickville LEP 2011 could be amended  to allow the operating hours for shops and business premises along King Street and Enmore Road to be extended from 7am to 10pm without development consent.

 

Ancillary entertainment uses are currently permissible without development consent for restaurants or cafes and shops, if the use is ancillary to that type of shop. Any proposed changes to allow small scale cultural activities without consent across a number of uses along King Street requires further investigation are likely to be raised by such a change of use.

 

In the immediate short term is recommended Guidance Sheets are prepared for small scale arts, live music and cultural activities for development along King Street and Enmore Road. Such Guidance Sheets would clarify the permissibility of small scale cultural activities and would include relevant and appropriate examples and would also be applicable across the IWC area.

 

Also, to support the arts, live music and cultural sector further consideration should be given to establishing a Live Music/Cultural Planning role to be the first point of contact for both regulatory enquiries and development applications for those wishing to set up a live music and performance space.

 

In relation to a King Street working group, Council officers have attended meetings with the Newtown Precinct Business Association, with such consultation and assistance being an on-going undertaking that is consistent with the core business of Council’s Economic Development Unit to assist local businesses.

 

ATTACHMENTS

1.

An Open & Creative City CoS Discussion Paper

2.

IWC Arts & Live Music Venues and Studies

3.

Bringing Back the Live Music Fact Sheet

4.

Land Use and Permissible Uses in IWC

  


Council Meeting

22 May 2018

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council Meeting

22 May 2018

 

 

Arts & Live Music Venues

 

Existing Arts and Live Music Venues and Spaces within the Inner West

 

The Inner West area has a significant number of creative spaces and live music venues. There are also a high number of Inner West residents working in the arts, music and creative industries which include the professional arm of the sector such as architecture and graphic design. The area attracts the creative and innovation sectors primarily due to its location close to the CBD, availability and access to public transport and the availability of reasonable commercial and industrial rental spaces.

 

To help drive the growth of the arts and live music industry in the local area, Council regularly undertakes a range of activities and provision of facilities, including:

 

·    Open Studio Trail;

·    Wall2Wall;

·    Perfect Match Public Art Program;

·    Lunar new year events;

·    Place making projects including Birrung Art Space, Hawthorne Canal Mosaic Mural and Hay street car park;

·    Artist of the Month and Artist in Residence programs throughout the area;

·    Opportunities for artists programs including Art on the Greenway, The GreenWay Street Libraries Project, Big Little Creatures 2018, Newtown ArtSeat,

·    Chrissie Cotter Gallery (Camperdown);

·    Targeted workshops including recently Economy of Creativity - The journey of Start-up to Local Business and Exploring the Sydenham Creative Hub - Scratch Art Space

·    Live Music is supported through a number of events such:-  Sunset Series: Jazz in The Park, Earth Beat, Classics at Callan Park, Bluesfest and Carnival of Cultures , Movies in the Park

·    Open Inner West Festival over ten days which celebrates 69 cultures across the inner west.

·    Carols events at Christmas

·    Young Creatives Awards

·    The footprints Film Festival (Annandale)

·    Live music at suburb based fairs and festivals including Celebrate 2044 - St Peters, Sydenham and Tempe's community fair (Tillman Park), Dulwich Hill Village Fair, Summer Hill's Neighbourhood Feast, footprints Ecofestival (Annandale), Bairro Português Petersham Food & Wine Fair (Portuguese culture), Marrickville Festival and the Italian Festa (Leichhardt).

 

These programs highlight the significant creative sector which currently exists within the IWC LGA. In particular, the open Studio Trail covers over 100 creative/art spaces. In total, there are approximately 129 creative art spaces within the IWC LGA which include visual arts and/or craft studios and galleries, art and craft education facilities, fashion and clothing creative spaces, photography studios, writing and drawing workshop spaces and creative fabricators.

 

The Inner West is also home to an active live music sector, with approximately 63 live music venues in the IWC LGA. These venues are generally located within the business and industrial zones or clustered in specific local areas, largely within the established centres and night time precincts. While there are also several venues located within the RE1 and RE2 recreation zones, these venues are based in existing sports and other types of clubs and represent a small proportion of premises.

 

These venues vary in terms of their size and characterisation, with some involving pubs with live music while others are more specialised live music venues. These venues include the following, although this is unlikely to include every venue in the IWC LGA:-

 

·    Marrickville venues generally along Marrickville Road as well as Sydenham and Victoria Roads including Lazybones, Gasoline Pony, The Factory Theatre, Red Rattler, Camelot, Django Bar, Marrickville Town Hall, Marrickville Bowling Club, Marrickville Golf Club, Marrickville Ritz, Marrickville Town Hall, Concordia Club, Vic on the Park, Portugal Madiera Club, Sydney Portugal Club, The Newsagency, and The Depot Theatre (17 venues);

 

·    Newtown and Enmore venues generally along King Street and Enmore Road including Kelly’s on King, Botany View Hotel, Corridor, Enmore Theatre, Leadbelly, Marlborough hotel, Union Hotel, Newtown Hotel, The Bank, Town Hall Hotel, Cooper’s hotel, Sly Fox, The Midnight Special, St Luke’s Anglican Church and The Hideaway Bar (15 venues);

 

·    St Peters and Sydenham venues including Town and Country and the General Gordon Hotel (2 venues);

 

·    Leichhardt venues generally along Norton Street and Parramatta Road including the Leichhardt Town Hall, Leichhardt Bowling Club, Bald Faced Stag, Norton’s Irish Pub and the Royal Hotel (5 venues);

 

·    Annandale venues generally along Parramatta Road and Johnston Street including the Annandale Hotel and the North Annandale Hotel (2 venues);

 

·    Balmain venues largely along Darling Street including Balmain Town Hall, Unity Hall Hotel, Cat and Fiddle, Cottage Bar and Kitchen, Lara Scolari Gallery and Riverview Hotel (6 venues);

 

·    Rozelle venues largely along Victoria Road and Darling Street including the Bald Rock Hotel, the Merton Hotel, Bridge Hotel, Garryowen Hotel, Red Lion Hotel, Ruby Pub & Hotel, Sackville Pub & Grill and the Orange Grove Hotel in Lilyfield (8 venues);

 

·    Ashfield venues largely along Liverpool Road including the Ashfield RSL, Club Ashfield, the Polish Club and Wests Leagues Club (4 venues); and

 

·    Petersham, Lewisham and Dulwich Hill venues largely along Parramatta Road and Crystal Street including Petersham Town Hall, Petersham Bowling Club, Lewisham Hotel and the Gladstone Hotel at Dulwich Hill (4 venues).

 

There are also various recording spaces and/or music production studios within the IWC LGA including Adversary Studios, Soundworks Studio and Top End Sound Studio in Marrickville, Vienna People in Annandale, Enmore Audio in Enmore and One Flight Up and Blackfoot Sound in St. Peters. Rehearsal spaces are also provided within the area and include Zen Recording Studios in St Peters, Monster Mouse Studio’s, Paul’s in Marrickville and Guitar Baby. This is not an exhaustive list but illustrates the existence of these facilities within the IWC area.

 

Beyond these existing venues and facilities, that there also numerous precincts throughout the IWC LGA which are targeted towards arts and live music uses, some of which have developed (or are developing) organically or have been assisted by Council. These are considered below.

 

·    Sydenham Station Creative Hub - The former Marrickville Council has been developing the vision for the Sydenham Station Creative Hub since 2014, which is to be an entertainment and employment space where live music venues, small bars, restaurants and cafes exist alongside traditional and creative industries. The Hub is to be located in a smaller area than initially planned fronting Marrickville Road in Marrickville, between Railway Parade and Sydney Street, in close proximity to Sydenham Station. The area includes existing premises, such as Camelot Lounge, with Gasoline Pony located close by. Council's vision is to protect traditional industries, while expanding creative industries and entertainment choices.

 

The area will now retain its existing IN1 General Industrial zoning, despite initially planning to change the zoning to IN2 light Industrial, which was considered likely to adversely impact on the existing industrial uses of the land. The Planning Proposal seeks to amend Schedule 1 of the Marrickville LEP 2011 to allow restaurant or café and small bars as the additional permitted uses in the IN1 industrial zone, which are ordinarily prohibited in that zone. These changes will allow the precinct to be used for arts and live music following development consent for the initial use of the premises as a restaurant, café or small bar.

 

·    Canal Road Film Centre – This Centre leases the land from the NSW Government and comprises more than 75 specialist businesses that comprise a big part of the Australian Film Industry. The area is zoned SP1 Canal Road Arts Precinct under the Leichhardt LEP 2013, which allows development for the purpose shown on the land zoning map with consent, including any development that is ordinarily incidental or ancillary to development for that purpose. The Centre includes 91 Canal Road, home of the Red Box, Legs on the Wall, and various other arts related workshops, storage and production offices. This area promotes the clustering of cultural uses and would allow arts and live music spaces without the need for development consent as such uses are likely to be considered as incidental or ancillary to these approved arts-related uses.

 

·    Carrington Road – This complex comprises a creative industrial hub and houses more than 200 diverse micro-enterprises and small manufacturers. These industrial uses include theatre production, performing arts, puppet and prop-making, furniture restoration, fashion and textiles. Myrtle Street Studios is located within this area. Arts and live music uses could be undertaken in this area without the need for development consent, on the basis that the premises have relevant development consent for the use of the premises for creative uses and that arts/live music uses are likely to be ancillary to the main use of these premises.

 

·    Addison Road Community Centre – This Centre is located in Marrickville and is home to more than 20 community organisations, artists, galleries, a theatre, radio station, park, and organic gardens. The centre is managed by the Addison Road Community Centre Organisation (ARCCO), which provides affordable spaces for NGOs, community groups and artists and is also used by ARCCO for their own community development programs in arts, culture, environment and social justice as well as a meeting place for the community. Arts and live music uses are likely to be ancillary to the main use of these premises.

 

This evidence-based analysis reveals that there are already a significant number of live music and creative art spaces existing within the IWC LGA, which is an area covering only 36km². This is critical information when assessing the need for changes to planning controls to bring additional arts and live music to the various premises throughout the Inner West.

 

Previous Studies on Arts & Live Music

 

Over the past 15 years, there has been a notable decline in the number of arts and live music venues throughout Sydney. As a result, the live music scene has been the subject of a number of enquiries and studies in an attempt to arrest this decline, particularly within the city and inner city areas.

Vanishing Acts (2003)

 

In 2003, a report entitled ‘Vanishing Acts: An inquiry into the state of live popular music opportunities in New South Wales’ (Johnson, B & Homan, S 2003) was published which explored the reasons for the decline in live music in NSW. This report concluded that this decline was largely attributed to live music being displaced by gaming machines as well as a range of other factors including sporting events on large screen televisions, costs associated with noise management as well as planning regulations and compliance.

 

The changes to the provision of public entertainment in 2009 assisted the industry, although some venues still struggled with issues and costs associated with regulations. These changes, however, started to arrest this decline, with numerous venues now providing a good range of live music.

 

City of Sydney Taskforce (2012)

 

In October 2012, the City of Sydney unanimously endorsed the establishment of a Live Music and Performance Taskforce (the Taskforce) to advise the City of Sydney on actions needed to bolster Sydney’s live music and performance culture. The endorsement arose from recognition that live music and small to medium scale live performance had not been sufficiently supported and valued in Sydney, despite its substantial economic and employment benefits. The City of Sydney asked the Taskforce to consider actions the City could take, as well as advocacy that could be undertaken by the City to reform state and federal government legislation and processes.

 

Live Music Matters Report (2013)

 

In November 2013, the City of Sydney Taskforce prepared the report, ‘Live Music Matters: Planning for Live Music and Performance in Sydney 2013 which identified 57 short, medium and long term remedial actions that the City of Sydney might take to support live music and live performance. These recommendations comprised changes, new support programs and services, research and opportunities for the City to advocate changes to specific NSW Government legislation.

 

The challenges identified in the report included development control and noise matters, Building Code of Australia issues, liquor licensing matters and audience and sector development. While each of these areas contributed to the challenges faced with the live music industry, this Council report focusses on the development control matters. Following public exhibition, a number of changes were made to the Taskforce’s recommendations and the City of Sydney’s ‘Live Music and Performance Action Plan’ was prepared.

 

Live Music and Performance Action Plan (2014)

 

In March 2014, the Live Music and Performance Action Plan (‘the Live Music Action Plan’) was prepared by the City of Sydney which aimed to provide greater opportunities for live music throughout the City while also balancing live music with the amenity of residents. The Live Music Action Plan’ concluded with 60 actions across four (4) above-mentioned categories.

 

The main challenges for development controls and noise were identified as the lack of certainty and knowledge for venues, event producers, residents and businesses on the regulatory systems and compliance and expectations of other regulatory bodies. The development application process was also considered to be disproportionately burdensome or unsuitable for some music and performance activities while noise and amenity management and how complaints were acted upon by the City of Sydney was also unclear.

 

The relevant actions of this Action Plan to this discussion in relation to development controls are considered below in the discussion on potential changes to the planning controls.

 

Former Leichhardt & Marrickville Councils Reference Groups and Live Music Forums (2013-2015)

 

The former Leichhardt and Marrickville Councils have pursued opportunities to promote live music within its area. Such promotion results from live music and the development of small bars and ancillary businesses having significant potential in creating economic renewal, aesthetic and amenity improvements and in contributing to the cultural fabric and identity of areas. These inner city areas have traditionally had a strong history of live music. The Marrickville Live Music Forum (2013) comprised a series of meetings and presentations by the former Marrickville Council as outlined below.

 

In March 2013, the former Leichhardt Council considered a report in relation to a Parramatta Road Live Music and Cultural Precinct. The report noted that the area comprised a number of live music venues and performance spaces, together with ancillary businesses such as musical instrument retailers, repair shops, teaching and recording studios. In response Council resolved to investigate policies and programs that could be implemented to support the development of Parramatta Road as a live music and cultural precinct and investigate the establishment of a live music development control plan.

 

In August 2014, the former Leichhardt Council tabled the final report of the Parramatta Road Live Music Reference Group, the purpose of this Taskforce/Reference Group was to provide independent recommendations about how live music and performance could be encouraged and promoted on Parramatta Road and throughout the Inner West. The recommendations included implementing the City’s Live Music Taskforce Report, particularly the potential changes to the development controls and providing guidance for creative start-ups and existing venues in ensuring that locations are fit for purpose. Other priority areas included expanding and supporting small bars and ancillary land uses and defining initial activation area boundaries around Parramatta Road and Sydenham.

 

The Reference Group considered that the three Councils should continue to work together on (among other things):

 

·   Developing guidelines and other advisory information to facilitate the provision of uniform advice and guidance to prospective applicants;

·   Develop a common approach to the lodgement and assessment of Development Applications in relation to hospitality and performance applications; and

·   To ensure that a consistent approach is taken in relation to compliance and enforcement matters.

 

Given the formation of the new Inner West Council, some of these recommendations have now occurred.

 

Live Music Marrickville Plan

 

In September 2014, the former Marrickville Council tabled the Live Music Marrickville Plan, an initiative of the joint former Marrickville and Leichhardt Council’s Live Music Reference Group. This plan included various recommendations which included land use, noise management matters, development controls and information sharing initiatives as well as public domain improvements.

 

The Sydenham Station Industry and Arts Hub Precinct and a targeted area of Parramatta Road were identified as land use changes which could be pursued. Further recommendations included the adaptation of the City of Sydney’s How to Guides for Marrickville venues. Increased information sharing between various divisions at Council to assist those trying to set up a venue, which could incorporate a Planning representative who is specifically informed to work with creative venues as well as investigating a pre-lodgement process to support the creation of non-traditional and temporary Live Music and performance venues was also recommended.

 

In March 2016, the former Marrickville Council prepared the Draft Marrickville Cultural Action Plan 2016-2020 which sought to implement former Marrickville Council’s Cultural policy. While this report remains a draft following the formation of the new Inner West Council, the outcomes recommended in relation to live music are still relevant and included:

 

·    Provision of “How to Guides” to assist local venues address planning and compliance issues are developed, with options for publishing and distribution explored (CE3.2);

·    Council’s artist in residency program and community facilities accommodate live music rehearsals and performances (CE3.3);

·    Live music venue operators understand the planning process for performances in pop-up spaces and multiple venues (CE3.4);

·    Options for implementing music loading zones have been explored (CE3.5); and

·    Support live music venues/entertainment facilities in the Sydenham Station Creative Hub (CE3.6).

 

NSW Roundtable on the Night Time Economy

 

In December 2016, the NSW Government released their response to the Sydney Night-Time Economy Roundtable. The Roundtable discussed the barriers and opportunities of Sydney’s night-time economy and made recommendations for improvement. This was in response to the Callinan review of the lock out laws and 3am last drinks measures in the Sydney CBD and Kings Cross areas.

 

The Roundtable actions which are relevant to this report included:

 

·    Action 2.7: Identify reforms to the planning regulations – through changes to Exempt and Complying Development (e.g. to encourage start-ups, creative and small business) and the Building Code of Australia (BCA);

·    Action 5.1: Work with stakeholders to encourage and facilitate the use of vacant commercial spaces and public places for establishing pop-up performance and art offerings;

·    Action 6.3: Identify how vacant/unused spaces in the city centre and Kings Cross could be utilised for events and activities – for example markets, live music, light/art installations;

·    Action 6.5: Identify reforms necessary to the planning laws to enable the promotion and encouragement of multi-purpose venues –(i.e. book stores by day, small bar by night);

·    Action 6.6: Work with stakeholders to support the night-time economy and the diverse offerings of Sydney after dark for all audiences – (i.e. arts and culture, sport, entertainment, retail, and hospitality)

 

These actions were generally aimed at implementing the recommendations of the Sydney’s Live Music and Performance Action Plan 2014. Several of these recommendations are addressed in another Council report for ‘Promoting Consistent Opportunities for Businesses and Arts Practitioners along King Street’. In particular, these actions aim to assist the sector by removing barriers and complexity to make it easier for venues to host live music and performance including temporary uses of spaces and places for live music and performance.

 

Committee for Sydney

 

The Committee for Sydney (the Committee) is an independent think tank and champion for Sydney, with its aim being the enhancement of the economic, social, cultural and environmental conditions that make Sydney a competitive and liveable global city. In May 2017, the Committee established a Commission on the Night-time Economy in Greater Sydney, which included representatives from state and local governments, businesses, cultural institutions and peak bodies.

 

In March 2018, the Committee released a report entitled “Sydney as a 24-Hour City” with the primary objective being to explore and define the economic, social, cultural and civic potential of Greater Sydney as a 24-hour city. This report highlighted that a diversity of activities, particularly aimed at a wide demographic, is vital to creating a vibrant night-time offer. Diverse night-time activation which creates a viable transition from day-time to night-time economies, and this economic diversity is critical to fostering a more inclusive and safe night-time environment and attracting a mixture of people. This mixture of users naturally creates a calmer environment on the streets and makes unsociable behaviour seem less acceptable.

 

The Commission’s recommendations were grouped into four areas including expanding the diversity of night-time activities, effective governance and regulation, an integrated approach to planning and transport and promoting Greater Sydney as a 24-hour city. Of relevance to this report is the recommendation to amend the Code SEPP 2008 to allow for small scale arts and venues as a temporary use under all zonings except Residential. This is discussed in this report.

 

Following review of these previous studies and reference groups, it is clear that there are several common themes, including the provision of various specialised precincts /areas for live music venues as well as recommendations for the provision of Factsheets/How-To Guides for live music venues. A Planning officer specialising in cultural and live music uses was also a common recommendation.

 


Council Meeting

22 May 2018

 


 


Council Meeting

22 May 2018

 

The relevant definitions under the Standard Instrument LEP’s applying to the IWC LGA in relation to entertainment are further considered in Table 1 below.

 

Table 1: Relevant Definitions for Entertainment Uses

Definition

Comment

Apply

business premises means a building or place at or on which:

(a)  an occupation, profession or trade (other than an industry) is carried on for the provision of services directly to members of the public on a regular basis, or

(b)  a service is provided directly to members of the public on a regular basis,

and includes a funeral home and, without limitation, premises such as banks, post offices, hairdressers, dry cleaners, travel agencies, internet access facilities, betting agencies and the like, but does not include an entertainment facility, home business, home occupation, home occupation (sex services), medical centre, restricted premises, sex services premises or veterinary hospital.

Note. Business premises are a type of commercial premises—see the definition of that term in this Dictionary.

This use does not allow for the provision of entertainment. The City of Sydney proposes to allow small scale cultural uses to be undertaken within existing business premises. The provision of entertainment or arts uses would likely be a change of use and would require consent.

Yes

entertainment facility means a theatre, cinema, music hall, concert hall, dance hall and the like, but does not include a pub or registered club.

This is considered the most relevant definition.

Yes

function centre means a building or place used for the holding of events, functions, conferences and the like, and includes convention centres, exhibition centres and reception centres, but does not include an entertainment facility.

This is unlikely to be relevant as it refers mainly to larger venues and expressly excludes entertainment facilities.

No

information and education facility means a building or place used for providing information or education to visitors, and the exhibition or display of items, and includes an art gallery, museum, library, visitor information centre and the like.

This is a relevant definition as it permits information and education to be provided (identified in Action 3 of the Discussion Paper) and also includes an art gallery or museums which are considered to be an arts-related use.

Yes

office premises means a building or place used for the purpose of administrative, clerical, technical, professional or similar activities that do not include dealing with members of the public at the building or place on a direct and regular basis, except where such dealing is a minor activity (by appointment) that is ancillary to the main purpose for which the building or place is used.

Note. Office premises are a type of commercial premises—see the definition of that term in this Dictionary.

This use does not allow for the provision of entertainment. The City of Sydney proposes to allow small scale cultural uses to be undertaken within existing office premises. The provision of entertainment or arts uses would likely be a change of use and would require consent.

 

Yes

Pub means licensed premises under the Liquor Act 2007 the principal purpose of which is the retail sale of liquor for consumption on the premises, whether or not the premises include hotel or motel accommodation and whether or not food is sold or entertainment is provided on the premises.

Note.  Pubs are a type of food and drink premises—see the definition of that term in this Dictionary.

This use includes the provision of entertainment and so this use would allow arts and live music uses without development consent.

Yes

restaurant or cafe means a building or place the principal purpose of which is the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, take away meals and drinks or entertainment are also provided.

Note. Restaurants or cafes are a type of food and drink premises—see the definition of that term in this Dictionary.

This use includes the provision of entertainment and so this use would allow arts and live music uses without development consent.

Yes

Shop means premises that sell merchandise such as groceries, personal care products, clothing, music, homewares, stationery, electrical goods or the like or that hire any such merchandise, and includes a neighbourhood shop, but does not include food and drink premises or restricted premises.

Note. Shops are a type of retail premises—see the definition of that term in this Dictionary.

This use does not allow for the provision of entertainment. The City of Sydney proposes to allow small scale cultural uses to be undertaken within existing shop premises. Arts and live music uses would likely be a change of use and require development consent (if not ancillary).

Yes

small bar means a small bar within the meaning of the Liquor Act 2007.

Note. Small bars are a type of food and drink premises—see the definition of that term in this Dictionary.

While this definition does not include a reference to whether entertainment is also provided, entertainment is considered to be part of the use of premises for a small bar (like a pub) and therefore it would be permissible as long as its ancillary to the use of the premises as a small bar.

No

 

In terms of local provisions, only Clause 6.12 of the Marrickville LEP 2011 specifically deals with arts, culture or creative industries. This Clause seeks to promote creative industries by allowing business and office premises in certain zones which are for a creative purpose, and states:-

 

(1)  The objective of this clause is to promote certain types of business and office premises in Zone IN2 Light Industrial and Zone B7 Business Park.

(2)  This clause applies to land in the following zones:

(a)  Zone IN2 Light Industrial,

(b)  Zone B7 Business Park.

(3)  Development consent must not be granted to development for the purpose of business premises or office premises on land to which this clause applies unless the consent authority is satisfied that the development will be used for a creative purpose such as media, advertising, fine arts and craft, design, film and television, music, publishing, performing arts, cultural heritage institutions or other related purposes.

 

The term creative purpose is not defined in Clause 6.12, however, is considered to be any use for media, advertising, fine arts and craft, design, film and televisions, music, publishing, performing arts or cultural heritage purposes. These controls, however, only apply to the IN2 Light Industrial zone and B7 Business Park zone within the former Marrickville area.

 

In relation to controls contained in Development Control Plans, Part 6.5 of the Marrickville Development Control Plan 2011 (Marrickville DCP 2011) outlines controls for 'creative industries' which is described as including the visual and performing arts, new media or multimedia including film and television, broadcasting, computer animation, web design and music. They also comprise other sectors like architecture and urban design, industrial design, designer fashion, writing and publishing.

 

The Marrickville DCP 2011 outlines a guide to creative industries and how such activities fit within the land use terms of office premises, business premises and light industries. The controls under the Marrickville DCP 2011 and Marrickville LEP 2011 are generally focused on the larger scale cultural uses which require development consent. These controls are also focused on the development of creative industries to counteract declining industrial sectors which can help revitalise the areas in which they are permitted, encourage live-work enterprises in specified areas, maintain active street frontages and where possible adaptively reuse existing buildings. 

 

Part 5 of the Marrickville DCP 2011 also provides controls relating to commercial and mixed use development although there are no specific controls for licensed premises, restaurant or cafes and the like which are likely to host such uses.

 

The Leichhardt Development Control Plan 2013 (Leichhardt DCP 2013) in Part C4.21 also includes controls for creative industries, which are similar to those within the Marrickville DCP 2011. Controls relating to events, licensed premises within late night trading areas and public art are contained in Part C, Section 4 of the Leichhardt DCP 2013, however, these are generic controls primarily relating to hours of operation and amenity considerations.  There are no specific controls which deal with live music or arts related uses beyond those outlined above. There are no specific controls relating to arts or live music within the Ashfield DCP 2013.

 

The existing creative spaces and live music venues are generally located within the business and industrial zones and therefore only these zones are considered in this report. In this regard, there are various business and industrial zones across the EPIs applying to the IWC LGA. The former Marrickville has six (6) business zones and two (2) industrial zones, while the former Leichhardt has four (4) business zones and only the light industrial zone (IN2). The former Ashfield Council area also only has the light industrial zone (IN2) as well as four (4) business zones.

 

The permissibility of the identified uses throughout the various business and industrial zones in the IWC LGA is considered in Table 2 below. This table indicates that arts and live music related uses are permissible across a large number of the business and industrial zones within the IWC LGA. This analysis indicates that permissibility of these types of uses is unlikely to be a limiting factor in the provision of such uses within the IWC LGA. It is, however, noted that entertainment facilities are currently prohibited within the IN2 Light Industrial zone within the former Leichhardt Council area.

 

Table 2: Permissibility of Uses in Zones across the Inner West

Use

Marrickville LEP 2011

Leichhardt LEP 2013

Ashfield LEP 2013

Entertainment facilities

B2, B4, B5, B6, B7, IN1, IN2

B2, B4

B2, B4, B6, IN2

Restaurant/café

B1, B2, B4, B5, B6

B1, B2, B4

B1, B2, B4

Pub

B1, B2, B4, B5, B6

B1, B2, B4

B1, B2, B4, B6

Office Premises

B1, B2, B4, B5, B6, B7, IN2

B1, B2, B4, B7, IN2

B1, B2, B4, B6, IN2

Shops

B1, B2, B4, B5

B1, B2, B4, B7

B1, B2, B4, B6

Business Premises

B1, B2, B4, B5, B6, IN2

B1, B2, B4, IN2

B1, B2, B4, B6, IN2

Small bars

B1, B2, B4, B5, B6

B1, B2, B4, IN2

B1, B2 & B4

 

 


Council Meeting

22 May 2018

 

Item No:         C0518 Item 5

Subject:         Report on the Notice of Motion C1017 Supporting our Creative Communities Item 5 Expanding Artists in Residency spaces           

Prepared By:     Amanda Buckland - Living Arts Manager 

Authorised By:  Erla Ronan - Group Manager Community Services and Culture

 

SUMMARY

Council requested a report on the Notice of Motion C1017 Item 11: Supporting our Creative Communities. Item 5 Expand the artist in residence program across the Inner West. Including options to set aside five properties as temporary residencies and five spaces as temporary work spaces across the local government area to be made available to visual artists, sculptors, and writers.

 

 

RECOMMENDATION

 

THAT Council:          

 

1.   Activates the following creative spaces for immediate occupation for a 2 year pilot with a review in 2020 

 

a)   St Peters Town Hall, Sydenham;

b)   White’s Creek Cottage, Annandale;

c)   Clontarf Cottage, Balmain;

d)   Graham Yarroll Room, Haberfield Centre; and

e)   Dawn Fraser Baths – Temporary Winter Months Residency 2018

·    noting that there are improvement works planned for St Peters, Haberfield Centre and Dawn Fraser Baths during the pilot period.

 

2.   Supports staff to continue to investigate additional Council locations for clustering strategic Artist in Residence sites in alignment with the Land and Property Strategy and report to Council in March 2020.

 

 

BACKGROUND

Inner West Council is committed to supporting creative communities throughout the Local Government area. A key component is expanding the Artist in Residence program. The Inner West has a strong history of supporting Artists in Residence programs (See Attachment One: Current Artist in Residence Sites) with four properties that host thirteen studios. Thirning Villa, which is located in the heritage Pratten Park precinct,  is Council's highly renowned overnight residency hosting non-metropolitan artists who contribute to our community through workshops, masterclasses, art works and donation of artworks. (See Attachment Two: Artist in Residence at Thirning Villa Program 2017-8).

 

An Artist Residency Program is defined as a program that provides “time and space away from usual obligations” for participants to practice art, interrogate new ideas and contribute to the community. A “residency” is often hosted by a gallery, museum or other institution and is not necessarily linked with overnight accommodation. Bower, N. (2016) Marrickville Residency Review

 

Strategic significance

Located in the heart of Sydney’s independent arts scene, 8.8% of Inner West residents are employed as Arts and Cultural Workers, the highest ratio of artists to population base in NSW. Inner West Cultural Industries Contribution, (2016) .ID. The challenge amidst rising property values and shifting demographics is to provide support for artists including access to physical spaces to practice art and create products. The local demand for access to studios and residencies remains a top priority for the local creative community. Conroy, S. (2008) Marrickville Cultural Research Project and #creativemarrickville survey (2015)

 

The crucial role artists play in creating vibrancy in local places, including considerable social and economic benefits, is gaining increasing recognition. In April 2016, the Sydney Morning Herald mapped Sydney’s creative clusters and argued; “the creative sector should be seen as more than an extra to a modern city, it should be viewed as an economic engine,” and specifically highlights the importance of the this area in Sydney’s creative life; “every city has cauldrons of creativity… In Sydney right now it's the inner west.” Davies, A. (2016) Sydney Morning Herald, April 8

 

In expanding the Artist Residency Program across council-owned facilities, Council can harness and celebrate its commitment to the local creative community. This strengthens existing programs with innovative local work, engages local communities and provides opportunities to raise the calibre and profile of community and cultural programs.

 

Proposed objectives of the expanded Artists in Residence Program are to:

 

·    Increase participation in the creative life of IWC by recognizing the inherent value of the arts and providing artists with affordable spaces in which to carry out their work and develop a sustainable practice

·    Nurture the creative community by encouraging links between arts practitioners and  broader community, developing audiences and increasing participation in the arts

·    Support the local creative economy via the provision of opportunities for arts and cultural practitioners and organisations to be employed in the arts and in turn enliven local places through creative activities, outreach and place making

·    Encourage participation in the arts at all stages of life by supporting creative engagement and artistic development that reaches across art forms, cultures, ages and abilities

·    Position the Inner West Council as a leading independent arts centre by encouraging excellence through the development of cutting edge work and opportunities for local artists to cross-fertilise with NSW, interstate and international artists

 

FINANCIAL IMPLICATIONS

Pilot Phase: The buildings identified for immediate occupation are ideal to accommodate artist in residence programs as a component of the Community Services and Culture portfolioEach artist in residence will be required to cover utility costs as well as offering programs that benefit the community in exchange for use of the facilities. This will be managed in accordance with the recently adopted Council Fees and Changes Policy, Leasing and Licensing Policy and the forthcoming Land and Property Strategy.

Mid-Pilot review and research phase: Additional sites to fully implement the Council resolution will require further research, consultation and alignment with the Land and Property Strategy.

 

OTHER STAFF COMMENTS

Consultation with Property, Major Projects and Facilities; Library and History Services; Community Services and Culture; Recreation and Aquatics and Strategic Planning have informed this report.

 

Improvement projects are planned for St Peters Town Hall, Dawn Fraser Baths and Haberfield Centre. These works will impact on scheduling of the use of these facilities at times during the pilot. It is anticipated that the Dawn Fraser balcony will not be available for the 2019 winter.

 

Roles and responsibilities are shared across departments based on expertise.

Property Services– provides lease management, manages repairs and maintenance, insurances and risk mitigation, cleaning and waste services.

Asset Manager (in Phase One Community Operations) – case manage the venue, promote and manage bookings.

Living Arts - prepare and advertise EOI for artists, implement lease arrangements with Property Services, facilitate artists, promote and evaluate community programs.

 

PUBLIC CONSULTATION

Proposal builds on prior research and consultation.

 

CONCLUSION

Governments, creative sectors and communities across the world are increasingly recognising the creative economy as an important generator of jobs, prosperity and cultural engagement. Australia’s creative industries contribute more than $90 billion to the economy annually in turnover, added more than $45 billion to GDP and generated annual exports of $3.2 billion. SGS Economics and Planning, (2013), CIIC – Valuing Australia’s Creative Industries.

 

Inner West Council is uniquely positioned to continue to support the creative community to live and work locally and to highlight the cultural engine room that fuels our communities and generates products for Greater Sydney and beyond. This initiative will consolidate the Inner West as a hub for independent artists in the Sydney region, where new ideas are generated, artists are nurtured and important cultural and artistic works are created.

 

Pilot Artist in Residency period: will immediately activate available spaces in Community Facilities by hosting Artist in Residency programs that address current demands for performance, multimedia and creative workspaces as well as connecting local artists to community projects and programs. Outcomes to be reported to Council in 2020

Further research and a mid-Pilot evaluation: Staff will identify clusters of creative spaces for different art form sectors with short, medium, long term residencies that will engage local communities and support creative enterprises. These will align with the strategic direction of the broader creative economy and Council’s Land and Property Strategy. It is proposed that this phase explore creating clusters of significant scale that can respond to current loss of creative spaces on industrial lands across the LGA. It is proposed that this be reported to Council in March 2020.

 

 

 

ATTACHMENTS

1.

Attachment One: Current Artist in Residence Sites

2.

Attachment Two: Artist in Residence Thirning Villa Ashfield Program 2017-2018

3.

Attachment Three: Potential Artist in Residence Sites

  


Council Meeting

22 May 2018

 


 


Council Meeting

22 May 2018

 


Council Meeting

22 May 2018

 


 


Council Meeting

22 May 2018

 

Item No:         C0518 Item 6

Subject:         Major Community Event Program - Fees and Charges Consolidation           

Prepared By:     Simone Parrott - Events Coordinator 

Authorised By:  Laura Stevens - Group Manager Communications, Engagement and Events

 

SUMMARY

Council’s Major Community Event Program delivers 17 events each financial year. Following Council amalgamations in May 2016, the current event stallholder fees and charges revealed inconsistencies across the event program and business precincts as a result of legacy council fee structures.

 

It is recommended they be harmonised across two bands, Flagship and Small events, to provide stallholders with certainty, consistency and flexibility across events in the Inner West local government area, with additional stallholder options to meet community needs.

 

It is also recommended that an increase of 1% on top of CPI be added to cover the increase in freight/transportation costs for the delivery of event services across the new Inner West Council local government area and ensure event revenue covers delivery of stallholder requirements.

 

 

 

RECOMMENDATION

 

THAT:

 

1.       A consolidated set of fees and charges for the Major Community Events Program be adopted to ensure consistent charges across all Flagship and Small events; and

 

2.       An increase of an additional 1% be added to the fees and charges to assist in covering the ongoing increase in transportation costs for the provision of these services for the event program.

 

 

 

­

BACKGROUND

Following the Council amalgamation on 12 May 2016, the former fees and charges for stalls, stands and spaces at Council events had remained from the three legacy Councils.

 

In 2017, those events under the former Leichhardt Council, which did not charge fees and charges for any events, adopted the current structure and costs of those from the former Marrickville Council in two bands, Flagship and Small events. Over the last 12 months, there was a smooth transition with no concerns expressed by any stallholders taking part in events within the former Leichhardt area.

 

Events hosted by the former Ashfield Council were structured so that charges to stallholders and local business varied from event to event and location to location. As an average, these fees and charges for the Carnival of Cultures and Summer Hill Feast were more expensive than comparable events in the consolidated Leichhardt and Marrickville programs.

 

 

Sample charges of the currently consolidated Inner West Council charges are as follows:

 

Flagship*

(i.e. Marrickville Festival, Australia Day, Bairro Portugues

§ Food local 2.4m x 2.4m                                              $392.50

§ Commercial business 2.4m x 2.4m (local)                 $347.50

§ Not for profit 2.4m x 2.4m (local)                               $175.00

 

Small** (ie Footprints Ecofestival, Dulwich Hill Village Fair, Celebrate 2044)

§ Food local 2.4m x 2.4m                                              $192.50

§ Commercial business 2.4m x 2.4m (local)                 $147.50

§ Not for profit 2.4m x 2.4m (local)                               $150.00

 

* Based on events more than 20,000 attendees

** Based on events with fewer than 20,000 attendees

 

In order to ensure consistency across Council’s entire events program, the following is proposed for the 2018/19 financial year:

 

§ Consolidate fees and changes across two bands (Flagship and Small events), removing individual event specific costs to ensure consistency across the program. As a result of this harmonisation, some fees and charges will be marginally higher, while others will be lower;

 

§ Add additional stall, stand and space options to better service the needs of the community, and encourage and incentivise the participation of local businesses;

 

§ Increase set fees and charges by an additional 1% beyond the 2.5% CPI made by Council to assist in covering the marked increase in transportation costs from stall suppliers, which has been increasing significantly above CPI each year due to supplier costs (fuel, labour, etc.).

 

With regard to the third point outlined above, no increase has been made beyond CPI for more than six years and as a result the event budgets have a diminishing capacity to cover the consistent increase in transportation for the provision of these necessary services. Freight costs for these services have increased by 152% between 2015 and 2018 (on average other event service freight costs have increased 32% between 2015 and 2018). The proposed 1% increase, as well as CPI, is expected to have a minimal financial impact on stallholders, as it ranges from $0.75 to $22.65 per stall.

 

Sample charges of the proposed consolidated Inner West Council charges are as follows:

 

Flagship*

(i.e. Marrickville Festival, Australia Day, Bairro Portugues

§ Food local 2.4m x 2.4m                                              $406.25           ($13.75 increase)

§ Commercial business 2.4m x 2.4m (local)                 $347.50           ($12.15 increase)

§ Not for profit 2.4m x 2.4m (local)                               $181.15           ($6.15 increase)

 

Small** (i.e. Footprints Ecofestival, Dulwich Hill Village Fair, Carnival of Cultures)

§ Food local 2.4m x 2.4m                                              $199.25           ($6.75 increase)

§ Commercial business 2.4m x 2.4m (local)                 $152.65           ($5.15 increase)

§ Not for profit 2.4m x 2.4m (local)                               $99.90             ($3.40 increase)

 

* Based on events with more than 20,000 attendees

** Based on events with fewer than 20,000 attendees

 

As part of the consolidation of the fees and charges, those tied to specific Ashfield events (Carnival of Cultures and Summer Hill Feast) will be removed to provide more flexible options for community groups and local businesses and ensure consistency across all events within the Major Community Event Program (see attached spreadsheet for detailed breakdown of all the proposed changes).

 

FINANCIAL IMPLICATIONS

The suggested fees and charges structure and 1% increase beyond CPI will flatten out the differences across the current event program, ensuring revenue to Council will not decrease and meeting set income targets (based on consistent stallholder demand across the local government area). It will also enable Council to better budget for the increasing costs associated with providing high quality events to the community.

 

OTHER STAFF COMMENTS

Nil

 

PUBLIC CONSULTATION

The proposed changes are to be exhibited from Tuesday, 29 May to Wednesday, 27 June.

 

CONCLUSION

Following the Council amalgamation on 12 May 2016, the fees and charges for stalls, stands and spaces at Council events had remained from the three legacy councils, meaning similar stalls had different costs according to the event and location.

 

In an effort to harmonise the fees and charges across Council’s events program, it is suggested two bands of fees (Flagship and Small events) be adopted to provide clarity and consistency for stallholders, together with an additional 1% increase to assist in covering consistent rises in freight/transport costs for the provision of these events.

 

 

ATTACHMENTS

1.

MCEP - Proposed Consolidation of Fees & Charges 2018 - 2019

  


Council Meeting

22 May 2018

 


Council Meeting

22 May 2018

 

Item No:         C0518 Item 7

Subject:         Update - Micro-Brewing Sector in the Inner West           

Prepared By:     Gill Dawson - Manager Strategy and Policy  

Authorised By:  David Birds - Group Manager Strategic Planning

 

SUMMARY

This report updates on actions being taken to help boost the microbrewery sector in the Inner West responding to a Council resolution (C1117) on 17 November 2017.

 

On 13 March 2018 Council officers reported on preliminary outcomes of these investigations and the potential wider impacts of any amendments to industrial / employment lands and Council resolved (C0318) that the matter be deferred, and that Council staff write a letter to the state government seeking advice on the best options available to increase retail floor space and to clarify the definition of ‘ancillary use’ for microbreweries. It was resolved that the matter was to be reported back to Council no later than May 2018.

 

This report updates on ongoing work with the industry to support its development, including reference to the support that Council resolved to give at the Council meeting on 8 May 2018 for the proposed introduction of a new planning definition of Artisan Premises to help address the issue of tasting rooms. The support given by Council to the new definition is based on the introduction of certain amendments by the Department of Planning and Environment. Depending on the final proposals for the new definition, Council may require an allocation of funding of up to $40,000 in the next budget quarterly review for a supporting economic study to enable the issue of potential impacts on local industrial land supply to be addressed. Proceeding with this would be dependent on the outcomes from discussions with DPE.

 

 

 

RECOMMENDATION

 

THAT Council:

 

1.       Endorses continuing action being taken to work with the Department of Planning and Environment to establish changes to the relevant planning controls to address the issue of tasting rooms associated with microbreweries, noting that the Department’s currently proposed definition of Artisan Premises needs significant revisions to address Council’s concerns regarding possible negative impacts upon industrial land provision;

 

2.       Supports continuing to work with the microbrewery industry to encourage its development in the Inner West;

 

3.       Commits to allocating funding of up to $40,000 in the next budget quarterly review for a supporting Economic Impact Assessment to consider and assess the potential benefits and impacts of the microbrewery sector, including the potential impacts of amending the current planning controls relating to tasting areas on industrial land supply, if required; and

 

4.       Requests that a report be provided with an update on actions taken to a future meeting of Council.

 

 

 

BACKGROUND

Council officers have been working with relevant stakeholders including local microbrewery owners and operators and government agencies to identify ways to support the continued growth of the industry since late 2017. A continuing issue that industry representatives have identified as a barrier to industry development is potential restrictions on their ability to provide sufficiently large ‘tasting rooms’ as supporting sales areas for their products made on site. Industry has advised that the retail outlet (cellar door bar) of a Microbrewery is an essential component of a successful business model for a small brewery.

 

Liquor Licensing of Tasting Rooms

 

On 22 February 2018 Council officers met with representatives of Liquor and Gaming NSW to discuss challenges facing microbreweries establishing and operating within the Inner West Council area. Liquor and Gaming NSW expressed their desire to formulate and offer a new licence which would allow brewers to sell their products direct to the public for consumption on premises without the need for it to be defined as a ‘tasting’, a land use ancillary to the primary function of the site as industrial premises. They were also interested in looking at potential options to allow microbreweries to sell alcoholic beverages on their premises made by other producers.

 

Council officers reiterated support for the microbrewery operators within the Inner West and outlined some of the legislative difficulties through Council’s Local Environmental Plans (LEPs) relating to how a microbrewery is undefined by the NSW Government’s LEP Standard Template and therefore premises must apply for consent through ‘industrial retail outlet’ provisions. The need to preserve the integrity of industrial zoned land from being converted to a retail premises and the difficulty with changing the retail offering to anything other than an ancillary use, secondary to production, were outlined. Also discussed was the issue of allowing alcohol from other companies to be sold on-site and the concern that this would result in a change from focusing on microbreweries operating as a production facility to a hospitality venue or general retail outlet.

 

Council Meeting – 13 March 2018

 

Council officers reported on preliminary outcomes of investigations and planning options and their potential wider impacts on the supply of industrial / employment lands.

 

These matters included:

·    providing information on Council’s options for making amendments to the planning controls which would increase the allowable floor space for tasting on a site within microbreweries to the level of 40% of the gross floor area or 400 square metres (whichever is the lesser) as adopted by the former Ashfield Council in the Ashfield Local Environmental Plan 2013;

·    options for updating and refining the definition of ancillary use for tasting rooms within

microbreweries;

·    consulting with the Inner West Brewery Association (IWBA) about looking in to establishing or supporting an annual Inner West Craft Beer Festival in conjunction with local breweries, pubs and small bars; and

·    working with local microbreweries, tourism operators and government agencies to promote brewery trails and tours as a tourist attraction in the Inner West Council (IWC) local government area (LGA).

 

The microbrewing industry has expressed a need for harmonising the relevant controls in the three former Council Local Environmental Plans relating to ‘industrial retail outlets’ (which includes tasting rooms as a retail component) to help support the development of the microbrewery industry in the Inner West Council area.         

 

The report identified a risk that harmonisation proposals could have the unintended impact of giving rise to the potential loss of important employment land and available manufacturing space arising from a potentially significant increase in gross floor area of all types of industrial retail outlets and the potential for industrial lands to be used in a manner commensurate with pubs which are restricted to business lands.

 

It was proposed that an Economic Impact Assessment be prepared to inform the consideration of harmonisation proposals to help manage these potential risks and ensure there is no further loss of industrial lands which is inconsistent with the Greater Sydney Commission’s District Plan (Action 51 – Retain and manage industrial and urban services land in line with the Principles for managing industrial and urban services land in the Eastern City District by safeguarding all industrial land from conversion to residential development including mixed use zones. Inner West Council has been specifically assigned responsibility for this matter in the Plan). Mixed use zones blend types of urban development, for example industrial and commercial or residential and entertainment. 

 

Council resolved (C0318) the following:

 

1.         That this matter be deferred;

2.         That Council write a letter to the state government seeking advice on the best options available to increase retail floor space and to clarify the definition of ‘ancillary use’ for microbreweries; and

3.         That the matter be reported back to council no later than May 2018.

 

Council subsequently wrote to the Department to seek advice on options available for increasing the retail floor space for micro-brewery tasting rooms and to clarify the definition of ‘ancillary use’ for microbreweries. In doing so Council drew attention to the current requirements, that existing microbreweries rely on the definition of ‘light industryand ‘industrial retail outletfor permissibility of their brewing operations and associated tasting areas.

 

The correspondence (Attachment 1) noted that the term ‘micro-brewery’ is currently not included in the dictionary to any of the former Councils LEPs which have been prepared under the Standard Instrument — Principal Local Environmental Plan (the Standard Instrument LEP). Therefore micro-breweries are not a defined land use across any of the three principal Environmental Planning Instruments (EPIs) that apply to the Inner West Council.

 

An option raised for consideration was the provision of a new land use definition for the term micro-brewery within the Standard Instrument LEP. The proposed new definition would need to include the provision of an associated tasting room with a maximum percentage of ground floor area (GFA) or a maximum GFA for the retail/tasting area. The amended clause could also include the zones within which such a use would be permissible.

 

Council officers offered to meet with Departmental staff to identify and work through the various options.

 

Advice from Department of Planning and Environment

 

On 9 April 2018 the Department acknowledged receipt of Council’s letter in relation to Inner West’s micro-brewing sector.

 

The Department’s response referred Council officers to a recently commenced public exhibition of potential amendments to the Standard Instrument LEP including a new definition of ‘artisan premises’ which was intended to capture the microbrewery sector.

The amendments were placed on public exhibition from 4 April 2018 to 18 May 2018.

 

A report was prepared reviewing the proposed new land uses for inclusion within LEP land use definitions, including ‘artisan premises’ for the Council meeting on 8 May 2018 (Attachment 2).

 

Council Meeting – 8 May 2018

 

Council officers reported on the proposed amendments to the Standard Instrument for Principal Local Environmental Plans relating to new retail land use definitions (C0518 Item 2).            

 

Council resolved to make a submission to the Department of Planning and Environment including [on the issue of microbreweries] that Council supports the introduction of a new definition for artisan premises including microbreweries to support local businesses, subject to the proposed changes made in the report, and to seek a meeting with the Minister for Planning Anthony Roberts MP and the Department of Planning and Environment Departmental Secretary Carolyn McNally to discuss how the proposal can contribute to ensuring that the micro-brewery industry is viable and sustainable.

 

 

PROPOSED AMENDMENT TO LEP STANDARD INSTRUMENT – ARTISAN PREMISES

 

The stated intent of the new land use definition ‘artisan premises’ proposed by DPE is to “provide clarity for the growing artisan and craft food and drink industry”.

 

The exhibited definition for the land use is as follows:

 

            Artisan premises

A building or place used to produce and/or process foods and beverages on site, without being fully automated,

It can also include:

a)         a restaurant or café;

b)         tastings;

c)         tours;

d)         sales; and

e)         workshops.

 

The material exhibited by the DPE intends that ‘artisan premises’ would be permissible with consent wherever ‘light industry’ is permissible.  

 

There are a number of issues which the proposed artisan premises land use definition fails to address. Nothing in the draft definition references or restricts the use to the production or processing of boutique, craft or artisan beverages or foods. Without such referencing the proposed definition would apply to all buildings or places used to produce and/or process beverages and food on site, if not fully automated. The exhibited proposed definition has an extremely broad land use interpretation and thus may not achieve the outcomes sought regarding locally owned and operated producers.

 

The potentially negative consequences of this issue are likely to be compounded as the definition of the land use does not specify that the use “produce and/or process foods and beverages” is the principal purpose that the building or place is used for. It could be interpreted as applying to a restaurant or café and would thus circumvent any current planning controls that prohibit restaurants and cafes in a zone where artisan premises are permitted.

 

This is likely to cause conflict as the exhibited Discussion Paper states that initially it is proposed to make artisan premises “permissible wherever light industry is permissible”. In the Inner West former Council areas under Ashfield Local Environmental Plan 2013, Leichhardt Local Environmental Plan 2013 and Marrickville Local Environmental Plan 2011 light industries are permissible in the Light Industrial (IN2) zone with consent while restaurants and cafes are prohibited.   

 

The report to Council proposed to raise these issues in a submission and to suggest changes to help address the issues identified including suggested revised wording for the term such as:

 

Artisan and craft food and drink industry means a building or place principally used to carry out food processing and/or beverage manufacturing of locally produced boutique, craft or artisan food and/or beverages. It may include a restaurant, bar or café, tastings, tours, workshops and an industrial retail outlet.

 

Note.   Artisan and craft food and drink industries are a type of light industry - see definition on that term in this Dictionary.

 

The report also noted that Council staff will continue to discuss the most suitable definitions that will support the development of local industries with local Business Chambers and the IWBA, that it was understood that the IWBA generally support the approach described in the report, but have also favoured the inclusion of a supporting new definition of microbrewery as a sub-set of the Artisan Premises definition. The report considered that this would also be helpful to clarify the matter and confirm that a microbrewery may include an on-site food and general liquor service.

 

A submission was subsequently made to the Department in accordance with the Council decision (Attachment 3).

 

In its submission to the Department of Planning dated 27 March 2018 Council had asked for a legal mechanism to control the size of the retail offering/floor space, defining the provision of a retail/tasting area with a maximum percentage of ground floor area (GFA) or a maximum GFA. The proposed artisan premises definition that the Department has drafted and referred Council to fails to incorporate this important element hence the Council submission identifying this issue as a matter that needs to be resolved if the artisan premises definition is to be adopted.  

 

Any potential amendments to the former Council LEPs must consider the potential wider impacts of such amendments on employment and the supply of industrial land. In its current draft form the land use ‘artisan premises’ definition is not limited to micro-breweries and will have a potentially detrimental impact not only on the provision of industrial employment generating land but also a negative effect upon businesses in the hospitality sector providing beverages and food within established local centres and commercial properties zoned for that purpose. Whilst the introduction of the new definition appears to offer a way to resolve the matter of planning controls that enable supporting tasting rooms for microbreweries this should not be at the expense of allowing pubs in industrial areas, and wider encroachment of retail uses unassociated with manufacturing in the industrial areas.

 

Industry Views

 

The Inner West Brewery Association made a submission to Council concerning the report to the 6 May 2018 Council meeting (Attachment 4) recognising the opportunity that the proposed new artisan premises definition presents to address their concerns, in this respect they state:

 

The addition of Artisan Premise definition of land use will allow Council to make adequate provision for the retail operation of Microbreweries, along with other types of new use, without impacting on all types of Light Industry. 

 

The IWBA understands the concerns raised about unintended consequences from raising the GFA under 5.4.4 across all LEPs. As primary users of Light Industrial land, the IWBA does not wish to put this use is jeopardy and therefore proposes a more modest increase in the maximum GFA available to industrial retail outlets to support breweries in the short to medium term.

 

In the short-term, the IWBA proposes a modest increase in Maximum GFA for Industrial Retail Outlets of the Marrickville LEP 2011 (20% % of GFA) and Leichhardt LEP 2013 (Maximum Square Metres 200m2) to alleviate the immediate operational difficulties facing Microbreweries without adversely impacting the broader industrial use in the area.

 

We urge Council to work closely with the IWBA and the DPE in regards to proposed amendments to Land Use Definitions for Retail Businesses, namely the creation of a new definition for artisan premises. These proposed changes should provide the ability for Council to maintain industry land use whilst accommodating new uses in the LGA that are consistent with our proposals.

 

In relation to the recommendation that was made to the Council meeting on 13 March concerning the potential preparation of an Economic Impact Assessment to inform the consideration of harmonisation proposals for retail areas in industrial retail outlets, the IWBA notes that:

 

The Inner West Brewery Association (IWBA) broadly supports the council's recommendation for an Economic Impact Assessment relating to the operation of Microbreweries in the Inner West Area provided the scope captures the contribution the sector makes to the local economy. 

 

The IWBA does not feel that the Council has a fully informed view of the industry and is of the opinion that a detailed Economic Impact Study on the contribution Microbreweries have on the local economy would greatly enhance the councils understanding of the sector and what it provides to the local community. In the Council's Report, it estimates the industry generates around 50 full-time equivalent jobs. The Association places this close to 200. A study of secondary and related job generation would also be of benefit.

 

Council is continuing to work closely with the IWBA on potential options for changes to the planning controls to address industry issues. This includes discussion of the scope for a potential economic impact study to address the understanding of the sector and the potential opportunities it presents as well as its potential impacts. In this respect it is recommended that Council commits to allocating funding of up to $40,000 in the next budget quarterly review for a supporting economic study, in order that this can be commissioned if required to resolve the issue relating to potential impacts on local industrial land supply. Proceeding with this would be dependent on the outcomes from discussions with DPE. It is understood that IWBA is willing to contribute to the costs of such a study.

 

Council officers continue to seek discussions with the Minister for Planning and the Department of Planning and Environment to ensure the most effective outcome is achieved from the proposed definition and associated changes and an update on the progress with these discussions can be provided orally at the Council meeting.

 

 

ECONOMIC DEVELOPMENT SUPPORT FOR THE MICROBREWERY INDUSTRY

 

Council’s Economic Development Unit aims to support and assist local businesses to develop and grow their business through a range of advisory services including workshops and networking opportunities.

 

The Unit has continued communicating with the Inner West Brewery Association (IWBA) and assists and supports the sector in its work to boost the microbrewing industry in the Inner West Council LGA. 

 

For a number of years the Economic Development Unit has been encouraging food and beverage outlets throughout the Inner West Council area to adopt local craft beer offerings as part of their unique branding strategy. Batch Brewery, for example, was set up not just as a brewery but as a brand that would reflect the nature of the Inner West pub and small bar experience.

 

The ongoing aim of Council’s Economic Development Unit is to facilitate and foster a relationship between the micro-brewers and the major outlets in the Inner West Council area so that they can promote their businesses together, take advantage of economies of scale and match the uniqueness of their products to the distinctiveness of the town centres and high streets.

 

The Inner West is well known for its heritage pubs and craft brewery tours. There are currently four tours operating within the Inner West Council area, with these tour operators using a range of marketing tools to promote their business. The market for these pub tours and craft brewery trails are locals, people from the greater Sydney area as well as tourists from interstate. Tourists, as well as beer connoisseurs looking for a unique experience, are the most likely people to undertake these tours.

 

To promote brewery trails as a tourist attraction the Economic Development Group, as part of their work to market businesses and experiences on offer in the Inner West, are producing a video showcase. The aim of the video is to drive awareness, visitation and local spend to Inner West businesses. The video will create a “destination story” inviting the audience to discover our craft brewery trails.

 

Council officers have met with the IWBA to assist in examining the potential for a local beer festival. These discussions have revealed that the IWBA are well positioned and wish to deliver their own beer festival. Council has indicated to the IWBA that it would support such a festival, including assisting the IWBA in promoting such an event and working with local business chambers to make the event part of their annual schedule of promotional activities.

 

On the 6 March 2018 staff from the Community Services and Culture unit presented the EDGE project to Council as a framework to showcase the Inner West as a creative community with a thriving economy and vibrant cultural sector. Community Services and Culture will be engaging with the micro-brewery sector to be part of the EDGE festivals program that aims to showcase the Inner West as a creative community with a thriving economy and vibrant cultural sector. Draft concept plans have included brewery trails as part of the programing content for EDGE. This will further assist in promoting the brewery trails as a tourist attraction in the Inner West LGA.

 

On 15 May 2018 Council staff will be attending a round table discussion hosted by Liquor & Gaming NSW to examine options for the micro-brewery sector. Representatives from the IWBA will also be attending. Council will continue to participate in these discussions to support the industry.

 

Furthermore, Council’s Economic Development Unit, as part of their strategic planning, is developing an Economic Development Strategy to act as a framework to help realise the vision that businesses identified in Council’s new Community Strategic Plan, which is currently being drafted. This Strategy will help to optimise the economic potential of the key sectors and locations across the Inner West Council LGA, including the micro-brewery industry.

 

Council’s Economic Development Unit will continue to assist and support the Inner West Brewers Association in their attempts to boost the micro-brewing industry in the IWC LGA, including the promotion of any beer festivals and tours which the IWBA seeks to organise.

 

Council officers are also in regular contact with Council’s various Chambers of Commerce. The Marrickville Chamber of Commerce continues to oppose further retail development and retail premises in the local industrial areas operating in direct competition with local commercial centres and retail shopping strips zoned specifically for retail purposes. This is an issue that will continue to be considered when developing proposals to support industry tasting areas in micro-breweries to ensure that controls do not enable inappropriate wider retailing to be introduced in industrial areas.

 

 

OTHER STAFF COMMENTS

This report has been prepared with advice from the Community Services and Culture Group.  

 

 

FINANCIAL IMPLICATIONS

This report notes that Council officers will continue to discuss the scope for a potential economic impact study with the IWBA to address the understanding of the sector and the potential opportunities it presents as well as its potential impacts. In this respect it is recommended that Council commits to allocating funding of up to $40,000 in the next budget quarterly review for a supporting economic study, that may be required to resolve the issue relating to impacts on local industrial land supply, depending on the outcomes from discussions with DPE referred to in this report on the proposed planning definition changes. It is understood that IWBA is willing to contribute to the costs of such a study. The study would only be commissioned if required to support the resolution of the issue.

 

 

PUBLIC CONSULTATION

Nil.

 

 

CONCLUSION

Council is continuing to work closely with the microbrewery industry to support its growth and will continue to advocate for suitable changes to relevant planning controls to address industry issues, whilst having regard to potential impacts on other important concerns such as the potential impacts on the supply of industrial land and existing retail centres.

 

Council officers will continue to seek discussions with the Minister for Planning and the Department of Planning and Environment to ensure the most effective outcome is achieved from the proposed definition and associated changes. 

 

Council’s support for the introduction of a new definition for ‘artisan premises’ is conditional and depends upon changes to the publicly exhibited definition for reasons outlined in this report, noting that the reports of 13 March and 8 May 2018 and the C0518 Item 2 resolution have yet to be agreed with the Department of Planning and Environment. 

 

The meeting being requested with the Minister for Planning Anthony Roberts and the Department of Planning and Environment Departmental Secretary Carolyn McNally to discuss how the proposed land use definition can be re-drafted will be an opportunity to ensure that both industrial and commercial employment generating lands are not negatively impacted by any changes while ensuring the micro-brewing industry is viable and sustainable.

 

Depending on the outcome of the discussions with the Minister and DPE it is considered that Council should undertake an economic impact study to address the understanding of the sector and the potential opportunities it presents as well as its potential impacts. It is therefore recommended that Council commits to allocating funding of up to $40,000 in the next budget quarterly review for a supporting economic study. It is understood that IWBA is willing to contribute to the costs of such a study.

 

Council, like the micro-brewers, supports planning control changes which adequately define their land use, while restricting the retail component to ensure it does not have a detrimental impact not only upon the provision of industrial employment generating land, nor potentially a negative effect upon businesses in the hospitality sector providing beverages and food within established local centres and commercial properties zoned for that purpose such as pubs.

 

In relation to broader economic development issues, Council’s Economic Development Unit will continue to support and assist local businesses to develop and grow their business through a range of advisory services including workshops and networking opportunities, as outlined in this report. 

 

 

 

 

ATTACHMENTS

1.

Council letter to Department of Planning re. Micro Breweries (March 2018)

2.

Council report on new LEP definitions including artisan premises (May 2018)

3.

Council Submission on Retail Discussion Paper and Proposed Amendments to Standard Instrument LEP

4.

IWBA Response to Council Report Item No C0318

  


Council Meeting

22 May 2018

 


 


 


Council Meeting

22 May 2018

 


 


 


 


 


Council Meeting

22 May 2018

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council Meeting

22 May 2018

 


 


Council Meeting

22 May 2018

 

Item No:         C0518 Item 8

Subject:         WestConnex Air & Noise Quality Concerns            

Prepared By:     Kendall Banfield - Manager WestConnex Unit  

Authorised By:  David Birds - Group Manager Strategic Planning

 

SUMMARY

This report considers the following four items from Council resolutions from 13 March and 24 April 2018 meetings on WestConnex construction noise and air quality, requesting a report back on:

1.    estimated costs and resources for Council to independently monitor air and noise emissions from WestConnex construction;

2.    the nature and effectiveness of existing monitoring processes;

3.    any other opportunities to reduce air and noise impacts on residents; and

4.    the cost and feasibility of Council engaging a consultant to undertake a health impact assessment of WestConnex.

 

Based on advice from Department of Planning & Environment (DP&E) WestConnex compliance staff, independent air and noise quality monitoring of a major infrastructure project like WestConnex would require monitoring at numerous points, and over a substantial time period. It is considered that noise monitoring alone, which is generally considered to be less costly to undertake than air quality monitoring, would come at a considerable approximated cost to Council of over $10,000,000.

 

Detailed costs depend on the number of sites being monitored, whether monitoring is ongoing or reactive to complaints, and the volume of complaints to be responded to. Noise monitoring can be undertaken more readily than air quality monitoring, and whilst Council’s existing compliance staff could technically undertake noise monitoring of WestConnex sites, additional staff resources, training and equipment would be required. There is currently no budget or staff allocation available to carry out these actions. 

 

As Council has no formal compliance role with WestConnex, any noise monitoring material obtained by Council could only be used as part of its advocacy efforts, not as part of the formal compliance monitoring process.  Hence there is no guarantee that Council monitoring actions would lead to improved noise or air quality mitigation for residents, although it could inform advocacy in seeking NSW Government action. This is particularly as all three stages of the project have now been approved and there is little scope to alter conditions of approval.

 

With regard to the potential cost and feasibility of Council engaging a consultant to undertake a health assessment, this report explains that this would cost in the order of $150,000 and would take up to six months to be completed and be reported back to Council.  The assessment would need to consider the full range of health impacts (including air quality, noise and vibration impacts) at both construction and operational stages, and impacts experienced to date from Stages 1 and 2 as well as impacts likely to be experienced from Stage 3.  There is currently no budget allocation available to commission such an assessment.

 

As with air and noise quality monitoring, Council has no formal health impact compliance role with WestConnex. As all three stages of the project have been approved and there is little scope to alter conditions of approval, any health impact assessment could only be used as part of advocacy efforts, and not as part of the formal compliance monitoring process. Hence there is no guarantee that commissioning an assessment would lead to improved health outcomes from WestConnex.

 

RECOMMENDATION

 

THAT  Council considers and notes the report.

 

 

BACKGROUND

 

Council’s March 2018 resolution

 

At its 13 March 2018 ordinary meeting Council considered a Notice of Motion entitled WestConnex Noise & Air Quality Concerns and made four resolutions.  The first resolution (the subject of this report) requests staff to report back to Council on three items:

·     Item 1:  Estimated costs and resources for Council to independently monitor air and noise emissions from WestConnex construction;

·     Item 2:  The nature and effectiveness of existing monitoring processes; and

·     Item 3:  Any other opportunities to reduce air/noise impacts on residents. 

 

The second resolution was that Council writes to the Premier and relevant ministers on this matter.  Letters quoting this resolution have been sent, but no response had been received when this report was finalised.

 

The third resolution was that Council staff attend and report on “Community Impact Forums” run by the Sydney Motorway Corporation (SMC).  Whilst there is no WestConnex Community Impact Forum, Council is represented on the WestConnex Community Reference Group (WCRG) by the Group Manager Strategic Planning and Manager WestConnex Unit, and is represented on Stage 1 and 2 Air Quality Community Consultative Committee (AQCCC) by the Manager WestConnex Unit or Engineer WestConnex Unit. 

 

Council staff will continue to report on the main outcomes of WCRG and AQCCC meetings through the usual information channels – predominantly the WestConnex Weekly Update Report and the Councillors’ fortnightly update.  Where appropriate for any particularly important WCRG or AQCCC matter, separate written briefing notes and/or reports to Council meetings will submitted. 

 

The fourth 13 March 2018 resolution was that Council write to the Ministers for Roads and Health seeking financial support for Council monitoring of air quality in the Inner West Council area.  Letters quoting this resolution have been sent, but no response had been received when this report was finalised.

 

On a related matter, at its 24 April 2018 ordinary meeting, Council resolved to seek advice on the content, cost, timing and feasibility of engaging a suitable consultant to undertake a health impact assessment of WestConnex and that this issue be addressed in the report back.  This advice is included in Item 4 below.  

 

REPORT ON NOISE AND AIR QUALITY MATTERS RAISED

 

Item 1:  Estimated costs and resources for Council to independently monitor air/noise emissions from WestConnex construction

 

The full resolution states that the report back “Details the costs and other resources that would be required for Council to monitor noise and air quality in the areas around current and proposed WestConnex construction sites in the Inner West”

 

DP&E compliance staff have explained that commissioning skilled and experienced consultants with appropriate equipment for monitoring construction air and noise impacts from major infrastructure projects like WestConnex is very costly.  Costs naturally depend on the number of sites to be monitored and whether the monitoring is ongoing or undertaken as one-off actions to respond to complaints.  As an example, DP&E had commissioned independent noise monitoring of a major infrastructure project at a single site over a three-month period at a cost of around $150,000.

 

For ongoing monitoring, equipment would need to be set up and left to record data over time.  The main cost for this type of monitoring is equipment, but staff would also need to check on equipment periodically, and there is a risk that equipment could malfunction or be damaged or stolen.  One-off monitoring to respond to complaints would not be as costly as ongoing monitoring, but actual costs would depend on the number of complaints over time and the number of sites being monitored, and staff would need to manage equipment at all times.

 

Whatever the type of monitoring being undertaken, responsible staff or consultants need to be qualified, experienced and skilled in calibrating and operating the technical equipment, and should also have an understanding of the project being monitored.  If in-house Council staff were to be involved, training would be likely to be required, whereas monitoring consultants would already have these skills.  A proportion of the monitoring task would inevitably need to be undertaken out-of-hours, which would add further to costs.  Council staff or consultants would also need to be available and resourced to undertake out-of-hours work.

 

In general terms, construction noise monitoring is simpler and less costly to undertake than construction air quality (dust) monitoring.  Council’s compliance officers currently have the skills and equipment to undertake noise monitoring as part of their regular Council roles, with the likely exception of ongoing monitoring.  There is thus potential for Council staff to undertake noise monitoring, but additional staff resources and training would be required, as would additional equipment if ongoing monitoring was to be undertaken.

 

A detailed specification for an independent air and noise quality monitoring program for the WestConnex project would need to be prepared and costed by a potential consultant team. However it is considered that for noise monitoring alone, based on consideration of information provided by DP&E, and on the assumption of monitoring around each of the main construction sites for the length of the construction period of the project, the cost would be likely to be well in excess of $10,000,000 over five years. There is currently no budget or staff allocation available to carry out this work or associated air quality monitoring. 

 

Air quality monitoring is normally not part of Council’s core business and Council does not have staff qualified to undertake this kind of monitoring.  DP&E compliance staff have advised that the proponent currently undertakes ongoing automated dust monitoring across all of its construction sites.  However DP&E staff concede that enforcement of breaches can be difficult as proof of the origin of the dust must be established.  Where there is a complaint about dust leaving construction sites, DP&E and EPA usually rely on photo or video evidence.

 

Item 2:  The nature and effectiveness of existing monitoring processes

 

The full resolution is that the report back “Reviews and assesses the current noise and air quality monitoring processes being undertaken for the WestConnex projects by the Sydney Motorway Corporation (SMC) and its contractors, the Department of Planning & Environment (DP&E), and the Environment Protection Authority (EPA)”

 

RMS, SMC and project contractors - collectively referred to as ‘the proponent’ where appropriate in this report - are responsible for operating according to the project’s conditions of approval and environmental licensing conditions.  DP&E is responsible for enforcing conditions of approval under the Environmental Planning & Assessment Act 1979.  This generally relates to core project activities, such as works undertaken within project construction sites. The EPA is responsible for monitoring environmental licensing conditions under the Protection of the Environment Operations Act 1997.  This generally relates to broader impacts that are not necessarily core project activities, including utility relocation works undertaken outside project construction areas.

 

Council has no formal monitoring role with WestConnex, although Council staff are regularly involved in efforts to resolve residents’ complaints about air and noise impacts from construction.  Council’s role is that of a third party, where staff receive phone calls or are copied in on e-mails from affected residents that have usually been submitted in the first instance to project contractors and/or DP&E and EPA staff. 

 

For WestConnex and other major infrastructure projects for which DP&E has a compliance role, DP&E does not normally undertake or commission monitoring.  DP&E relies on the proponent (or the proponent’s consultants) to undertake monitoring, and relies on the EPA wherever technical advice is needed from a State agency. 

 

Conditions of approval require the proponent to submit a quarterly compliance report to DP&E for review.  In situations where monitoring reports show repeated incidents of non-compliance or where there are many complaints about a particular issue, DP&E may request the proponent to commission a different consultant to undertake a peer review of monitoring results. 

 

A proportion of all complaints are made directly to contractors and/or DP&E and EPA without being copied to Council.  This means that at any point in time, Council staff have only partial knowledge of the number and nature of complaints being made and the precise issues being raised.  Notwithstanding, Council staff are kept informed of the overall nature of complaints at regular meetings with staff from the project, DP&E and EPA.  State agency staff also provide verbal compliance updates to meetings of the WestConnex Community Liaison Forum (WCLF) and WCRG.  State agency compliance staff also meet monthly to discuss compliance issues relevant to a range of NSW infrastructure projects, including WestConnex. 

 

The degree to which Council staff are able to assist with resolution of residents’ issues varies, but in almost all cases, responsibility for resolution rests with the proponent, DP&E and/or EPA.  An example of how Council has provided assistance (as a third-party) is convening a meeting in late 2017 between St Peters residents, New M5 contractors, SMC, RMS and DP&E to resolve residents’ disputes over at-property noise abatement measures.

 

Council staff note that a common response to affected residents from project contractors is that the project is operating within approved limits.  Even if the project was fully compliant, Council has argued on numerous occasions (including within its submission on the Stage 3 Environmental Impact Statement (EIS)) that this can still create unacceptable impacts on residents.  This is particularly the case where residents are affected by cumulative impacts from contestable WestConnex works, non-contestable project-related utility works and a range of other external impacts from aircraft, general traffic other construction projects. 

 

Whilst there is no short-term solution to this issue, DP&E and EPA must ensure in the longer-term that conditions of approval and environmental licenses are tightened with each subsequent project approval to ensure that complying construction activities do not result in impacts that are unacceptable to residents.  In its Stage 3 EIS submission, Council sought a tightening of conditions and pointed to overseas examples, such as a recent UK rail project, where conditions were (appropriately) more stringent than those applied to WestConnex.

 

Where residents dispute whether an impact is complying, there is no immediate recourse for residents if project contractors disagree and state that compliance is being achieved.  Where there are a number of complaints of this nature, DP&E will investigate and request the contractor to employ a separate consultant to verify the level of impact. In this respect it is important that complainants advise Council of their concerns so that Council can assist in advocating for action. 

 

A recent example of where this has occurred is in relation to complaints over piling noise from the St Peters Interchange (SPI) site.  Where impacts relate to environmental licensing conditions, EPA staff may undertake or commission their own monitoring.  Some residents have felt that such verification is not sufficient to allay their concerns that impacts are non-compliant - hence calls for Council to undertake independent monitoring.

 

As this report is concerned with construction (not operational) impacts of WestConnex, air quality monitoring discussed in this report refers to monitoring of dust, not vehicle emissions.  It should be noted that conditions of approval requiring the establishment of air quality monitoring stations, guided by Air Quality Community Consultative Committees (AQCCCs), relates only to operational air quality. 

 

For noise, conditions of approval also distinguish between mitigation measures for construction as opposed to operation.  However, in practice there has been some overlap – for example, the proponent has recently been negotiating with St Peters residents at-property operational noise abatement measures that will also serve to mitigate against construction noise.  In this situation some residents have maintained that the higher level of treatment proposed in the Stage 2 EIS should be applied, not a lower level of treatment offered.  This lower level of treatment has been based on a refinement of EIS noise modelling that has been undertaken since construction commenced.

 

Whilst Council has no formal compliance role with WestConnex, Council will continue to advocate for the best possible outcomes for persons affected by the construction activities drawing on its established working relationships with DP&E and EPA and its work on the various inter-agency and community groups such as the WCLF, WCRG and AQCCCs.

 

Item 3:  Any other opportunities to reduce air/noise impacts on residents. 

 

The full resolution is that the report back “Identifies any other opportunities that exist for Council to take action to reduce the noise, dust and air pollution residents are being exposed to as a result of WestConnex construction.”

 

As Council has no formal compliance role with WestConnex, and this situation is not likely to change, the main action Council will continue to undertake to reduce air and noise impacts on residents is advocacy.  Independent noise and air monitoring would essentially be an advocacy action, as there is no provision for independent monitoring results to be part of the formal monitoring process. 

 

To date, Council has undertaken a range of advocacy actions in relation to WestConnex through processes such as making submissions, writing to relevant ministers, through project meetings, through committees such as WCLF, WCRG and AQCCC and through input into construction management plans.  A fair proportion of these advocacy actions relate air/noise impacts on residents from WestConnex construction.  Whilst there is no guarantee that advocacy will translate into improved construction impact mitigation, the fact that the Stage 3 approval includes tangible improvements in this area compared to Stages 1 and 2 is evidence that advocacy can lead to improvement.

 

Item 4:  Advice on commissioning a health impact assessment of WestConnex

 

At its 24 April 2018 ordinary meeting, Council resolved to seek advice on air quality monitoring that covers: “(a) The potential content of any additional consulting advice on health impact and feasibility of engaging an appropriate consultant to provide this; and (b) the estimated costs and timing for this report.”

 

Council’s submission on the Stage 3 Environmental Impact Statement (EIS) included an assessment of health impacts undertaken by Council staff and staff from planning/engineering firm Beca, Council’s consultant that had assisted with the assessment process.  In October 2017, just prior to the due date for EIS submissions, Council had resolved to seek additional expert advice on health impacts to be included in its assessment of the Stage 3 EIS.  In response Council staff sought a suitable consultant through Beca, but none were available at short notice. 

 

To commission a suitable consultant, Council would need to allocate funding and staff would need to undertake a competitive tender process.  Health impact assessment is a specialised area, there are few suitably-qualified consultants and costs are high on a per-hour basis.  This does not prevent Council seeking a suitable consultant, but considerable funding would need to be allocated.  Based on discussions with Beca staff, for a health impact study to be undertaken with a scope as outlined below, the costs would be of the order of $150,000.  There is currently no budget allocation available to carry out this work.

 

The study would serve Council in an advocacy role only, and there is no guarantee that it would result in improved health outcomes from WestConnex.  This is particularly as all three stages of the project have been approved and there is little scope to alter conditions of approval. 

 

If a health impact assessment is to be required, the scope would need to address:

·     an assessment of the full range of health impacts, including air quality, noise and vibration impacts;

·     an assessment of impacts at both construction and operational stages;

·     an assessment of impacts experienced to date from Stages 1 and 2 as well as impacts likely to be experienced from Stage 3; and

·     recommendations for improving health outcomes from WestConnex.

 

The consultant would also be briefed by Council staff on WestConnex health impact issues that have been raised to date by Council and the community within various submissions (including Council’s submission on the Stage 3 EIS) and at meetings of Council, WCLF and WCRG.  If Council identifies a funding source for this work it is estimated that six months would be needed for Council staff to commission a consultant, for the consultant to draft a report and for staff to prepare a report back to Council.  On this basis, a report back could be provided in December 2018 if fund