Agenda of Council Meeting

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 12^th 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 Arising – Bus 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 2^nd, 11^th & 18^th 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

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

Item 19:

Crisetta MacLeod

Themis Theo

Ashfield

Item 21:

Peter Jennings

Peter Manning

Marrickville

Dulwich Hill

Item 29:

Scott McDougall

Stefanie McKeever

Caterina Robertson

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;

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:

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

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;

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:

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

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:

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

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:

Adopt the recommendation in Confidential Attachment 1; and

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;

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

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.

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;

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.

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:

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 4^th June 2018 until 31^st December 2021 as per ATTACHMENT 1; and

12.

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 29^th 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
Support for the location at Richard Murden	Number	%	Number	%	Total
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

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)

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

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

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

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

Funding is already committed to Parramatta Road underpass

1-5 years: Proceed with underpass

Longport Street

Jacked tunnel

$3.51M

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

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

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

Parramatta Road

High

Already committed

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

Longport Street

High

Already committed

Old Canterbury Road

Low priority for grade separation

None

High

A: Signals

B: Tunnel

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

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

Constitution Road

High priority for grade separation

High

A: Tunnel

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

A: Underpass

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

Hercules Street

High priority for grade separation

High

A: At-grade modifications

B: Tunnel

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

Ewart Street

High priority for upgrade

Low

A: Signals

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.

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

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 industry’ and ‘industrial retail outlet’ for 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

Item No: C0518 Item 28

Subject: Recreation Needs Study - A Healthier Inner West, draft Final Report for public exhibition.

Prepared By: Peter Montague - Coordinator Recreation, Planning and Programs

Authorised By: John Warburton - Deputy General Manager Community and Engagement

SUMMARY

Council’s Recreation Needs Study has been completed and the draft Final Report, Recreation Needs Study: A Healthier Inner West, has been delivered by the project consultants. This report seeks Council’s endorsement to place the report on public exhibition for 6 weeks for community and stakeholder input, with the results presented to Council recommending further action.

RECOMMENDATION

THAT:

1. Council endorse the draft report Recreation Needs Study: A Healthier Inner West for public exhibition for 6 weeks;

2. That the public exhibition is widely promoted and all stakeholders and residents who expressed an interest are notified of the opportunity to provide further input; and

3. Following public exhibition, the feedback and amended Recreation Needs Study: A Healthier Inner West be reported back to Council.

BACKGROUND

The merger of three local government areas to form the Inner West Council over the past 2 years highlighted the need for Council to undertake a study on recreation user needs to inform a strategic position for the provision of recreation facilities, services and programs, that includes planning priorities, new Section 94 contributions plan, recreation programs and services, and asset management for the equitable and relevant allocation of recreation resources to meet the present and future requirements of the local community.

Project Consultants

Cred Consulting (Cred) was selected as the preferred consultancy to undertake an independent recreation needs study for Council due to their experience with recreation planning, community engagement and Section 94 planning. Cred’s team comprised a consortium of consultants from Cred Consulting, Gallagher Studio and Jones Lang Lasalle.

About the Project

Cred was engaged to research a range of specific factors relating to local recreation including:

· Strategic document review and development of Engagement Plan;

· Implementation of the engagement with community and stakeholders identified in the Engagement Plan and presentation of the findings from this process in the form of a Community Engagement Report.

· Quantitative research including condition audits of current recreation and sporting facilities, recreation activity undertaken in the LGA including the streets and streetscape as a recreation resource.

· The development of an informed view of the future recreation and open space needs in the Inner West Council.

· The findings from the analysis of current and future needs including identifying areas of unmet need and the implications for recreation facilities and services.

· Bringing together the findings all project phases into a draft Final Report (see ATTACHMENT 1), including recommending opportunities for Council in the strategic provision of recreation programs and services for the next 10 years.

Community Engagement

A robust engagement process was an essential component of the project to provide the evidence base for future recreation planning. An extensive community engagement process was undertaken from October through December 2017 and targeted engagement with stakeholders continued in early 2018. Promotion of the engagement reached over 17,000 people through a variety of media and over 2,000 people participated in engagement activities through a range of engagement methods including:

· An online community survey;

· An online interactive map to identify locations where the community undertakes recreation activities;

· A specific survey distributed to sporting organisations operating in the Inner West;

· Council staff workshops including neighbouring Councils;

· Presentation at Sports Stakeholder Forum;

· 4 Primary and 2 High School workshops; and

· 17 ‘pop up’ and intercept surveys distributed across the Local Government Area and stalls at two major street festivals;

The engagement process was promoted through postcards and posters at Council’s facilities, Council’s website, local newspapers, Council column, e-newsletter, posters and postcards, direct mail and phone calls, and staff were encouraged to promote the project through their networks. Targeted engagement with specific stakeholders and schools continued in early 2018.

A Community Engagement Report (CER see ATTACHMENT 2) detailed the outcomes of the engagement process. This report was published on Council’s website in April 2018, notification sent to residents who had expressed an interest during the engagement process and a presentation to the Sports Forum in April 2018.

Key findings identified in the CER are:

· The most popular 5 activities reported from the engagement are: walking; walking for transport; playing in a playground / park / with children; personal / outdoor fitness; and dog walking (this is consistent with State-wide preferences);

· The most common types of facility for participants are: parks; footpaths; sporting grounds; aquatic centres; and children’s playgrounds;

· There are gender and age-related variations – for example, footpaths, gym/fitness and swimming being more popular with females and cycling, playing fields and courts and the Greenway more popular with males;

· The most popular 5 facilities are: footpaths, cycle paths; Bay Run; Cooks River foreshore path and Leichhardt Park Aquatic Centre; and

· The main reported reasons for participation in recreation are fun; fitness; and health.

At the meeting of 27 March 2018, Council considered a report on the resourcing of recreation needs and specifically the potential position of an Office of Sport Coordinator. It was determined that:

1. Council invest $65 million in park and aquatic capital facilities over the next three years, subject to the development and adoption of the 2018/2019 Budget;

2. Council defer the appointment an Office of Sport Coordinator until after the completion of the Recreation Needs Study;

3. The Recreation & Aquatics Service Unit and Office of Sport Coordinator strategically partner with the sporting clubs and key partners to increase participation of girls, women, people from lower socio economic backgrounds and people with disabilities as informed by the Recreation Needs Study: A Healthier Inner West;

4. Council progress the Recreation Needs Study: A Healthier Inner West to investigate the need and best location for hockey and netball facilities and a hydrotherapy pool; and

5. Council progress the development of the Inner West Sporting Ground Allocation Policy, in consultation with the sporting clubs and that the draft Policy be reported back to Council for adoption.

DISCUSSION

Report Structure

The draft Final Report, Recreation Needs Study – A Healthier Inner West (RNS), is structured as follows:

1. Introduction - includes the scope and definition of recreation, presenting this as a spectrum of activities ranging from passive, unstructured activities through to structured and elite level organised sport;

2. Recreation benefits and participation - current recreation participation at national, state and local levels and associated benefits;

3. The Inner West community now – current community profile by suburb (including maps of the LGA identifying age profile, people with a disability, cultural diversity, population density, household income and car ownership) and key challenges and opportunities;

4. The future Inner West community – forecast population to 2036 and key challenges and opportunities;

5. Current situation – an audit of existing open space, recreation facilities and opportunities including community venues, natural spaces, parks and sporting grounds;

6. Community engagement outcomes – a summary of the outcomes from the engagement process;

7. Strategic and planning context – national, state and local planning context and the impact and opportunities of major projects in the Inner West;

8. Recreation standards – current benchmarking and hierarchy for recreation facilities and open space.

9. Recreation indicators – key information to track and measure over time to evaluate recreation in the Inner West.

10. Urban recreation best practice trends and case studies – key recreation trends in urban areas specific case studies of best practice;

11. Recreation needs and gap analysis – analysis of needs and gaps identified;

12. Strategic framework – proposed strategic framework on which to base future strategy and planning;

13. Recommended opportunities – recommendations to address the identified recreation needs and Council’s role in this; and

14. Applications and ideas for the Inner West – this section explores how the application of contemporary ideas and design treatments can be applied to address identified recreation needs in the Inner West.

Recreation Trends

The continuing change in the Inner West from a suburban to an urban area requires an innovative approach to ensure sufficient capacity to cater for the recreation needs of an increasing population. The RNS identifies trends in urban recreation and highlights a number of case studies demonstrating best practice including some from the Inner West. The trends include:

· Multipurpose and flexible – designing to maximise usage and meet a greater diversity of needs;

· Networked and connected – building a network of linked recreation facilities;

· Sharing the city for recreation – innovative approaches to recreation including sharing facilities, utilising the streets and rooftops;

· Inclusion and universality – irrespective of age, gender or ability, everyone is able to access and participate in their chosen form of recreation;

· Connection to nature and healthy built environments – realising the mental and physical health benefits reduction in temperature through making space for nature;

· Co-design – involving the community in the design of recreation spaces; and

· Risk and adventure, child-directed play – creating opportunities for formative growth and creativity through free and unstructured play.

The RNS explores these trends later in the document through the application of 10 ideas to illustrate how these can be applied in the Inner West through design and programming interventions.

Strategic Framework and Recommended Opportunities

The RNS is a significant piece of research that presents an independent analysis of the current recreation landscape in the Inner West. Cred has presented a strategic framework comprising 6 themes informed by the community engagement, best practice, changing recreation trends, and the local context. Each theme lists a series of recommended opportunities which will have planning, design and programming implications that Council may wish to consider. A selection of recommended opportunities included in the RNS are listed below under the relevant themes:

Theme 1 - Existing gaps in open space and recreation

· Increase the supply of publicly accessible open space in suburbs currently providing below LGA wide benchmark (13.3m2);

· Address the need for 1 new indoor recreation facility in the LGA’s north;

· Collaborate with sporting clubs to increase sharing of sporting grounds and facilities; and

· Improve recreational amenities in parks including toilets, bbq facilities, seating and shade.

Theme 2 - Future demand for open space and recreation

· Retain the current supply of open space per person by setting a benchmark of 13.3m2 per person provision of open space within future master planned development sites and major projects. Where this can’t be provided onsite, a financial contribution could be required;

· Establish a proximity to quality open space benchmark as part of all future development proposals and develop best practice principles for the design and delivery of open space within future sites; and

· Collaborate with developers and major project delivery partners to deliver new recreational spaces to meet future gaps, and that are multipurpose and flexible.

Theme 3 - Capacity for sports and recreation

· Investigate the feasibility of synthetic surfaces on sports fields at appropriate locations;

· Implement a rolling program of resurfacing natural turf sports fields;

· Deliver upgraded lighting at sporting grounds to improve multipurpose use; and

· Work collaboratively within Council and the sporting community to create a transparent and equitable allocation policy that addresses priority needs including participation of women and girls, people with disability, low-income families.

Theme 4 - Inclusion and sharing

· Improve access to recreational facilities through an accessibility audit of Council’s recreational spaces and promote accessible recreation spaces on Council’s website;

· Increase unstructured and un-prescribed play spaces for children;

· Design and deliver biodiversity programs to promote shared space between community, wildlife and plant communities; and

· Increase the representation of women and girls through a Welcoming Women and Girls Recreation Program.

Theme 5 - Connections to Nature

· Create new nature based and adventure play spaces for children;

· Futureproof recreation spaces against climate impacts;

· Deliver existing tree strategies and increase tree planting for cooler streets and parks;

· Work in partnership to delivery identified Green Grid projects; and

· Collaborate with developers to incorporate biophilic design into new residential developments.

Theme 6 - Streets and Laneways for walking, cycling and play

· Increase walking opportunities through the creation of more walkable and playful streets that connect communities to recreational space.

· Improve connectivity to existing open space in neighbourhoods that are not within 400m easy access to 0.5ha of open space.

· Adopt a “Streets as recreational places” approach to local streets.

· Collaborate with organisations such as Play Streets to trial a play streets program.

· Identify laneways to create new recreational spaces and co-design with local communities.

· Encourage increased use of cycleways, improved safety on shared paths, and delivery of a connected cycle path network.

Recreation Policy and Strategy

Following public exhibition, the final RNS will be presented to Council. The Final Report will form the basis for the development of the Recreation Policy and Strategy that will set out a long term plan for recreation development. The RNS will be also used to inform the development of a new section 94 Contributions Plan, recreation programs and services, parks, open space and public domain planning documents (including plans of management and master plans), planning controls, open space and asset management plans.

To provide momentum from the RNS project, short term projects which could be potentially undertaken in the next 18 months include:

· Feasibility and location study on synthetic turf sporting fields;

· Children’s adventure and wild play pilot project;

· Laneways for recreation pilot project;

· Play streets pilot program;

· Welcoming women and girls program; and

· An accessibility audit of Council’s recreation spaces and promotion of accessible recreation spaces.

These potential projects will be investigated while the RNS is on public exhibition and updated information provided in the next report to Council anticipated for August 2018. Throughout the public exhibition period, Officers will also consult on the optimum allocation of internal resourcing to meet identified recreation needs, noting Council’s resolution of 27 March 2018 regarding the Office of Sport Coordinator role.

FINANCIAL IMPLICATIONS

The draft Final Report includes a Financial Considerations report prepared by commercial property consultants, Jones Lang Lasalle (see Confidential ATTACHMENT 3). This report details:

· Analysis of factors which may impact on the cost of land acquisitions for potential recreation space;

· An understanding of land values in the suburbs which are undersupplied with open space;

· Cost of construction of recreation facilities to meet needs as identified in the draft Final Report; and

· Construction and cost analysis of synthetic sports fields.

In addition to the development of Section 94 plan, this report will be used in the development of the Recreation Policy and Strategy which will propose a prioritised action plan and associated costs to realise the recommended opportunities identified in the RNS and inform the 2019/20 Operational Plan and the forward capital works program.

OTHER STAFF COMMENTS

Internal engagement was a key component of the Engagement Plan and included:

· Formation of a cross organisational Project Working Group with representation from Community Services and Culture, Properties, Major Building Projects and Facilities, Strategic Planning, and Trees, Parks and Sportsfields. The group met regularly with Cred to review outcomes throughout the relevant stages of the project;

· An introductory workshop with all relevant internal Council teams;

· Individual ‘speed dating’ workshops with individual teams;

· Two workshops with outdoor staff responsible for the north and south precincts in the LGA;

· Distribution of the CER;

· Opportunity to comment on the draft Final Report through the Project Working Group representatives.

There will be further opportunity for input during from internal Council teams through the public exhibition process.

PUBLIC ENGAGEMENT

As detailed in this report, an engagement plan was developed and implemented as part of the project and the methodology and outcomes of this are detailed in the Community Engagement Report attached to this report.

It is proposed that RNS report be placed on public exhibition for community feedback for 6 weeks. The public exhibition will be widely promoted and stakeholder organisations and residents who expressed an interest will be directly notified and invited to provide further input. Following the exhibition period, the feedback will inform appropriate amendments before the Final Report is reported to Council for adoption.

CONCLUSION

The RNS is a comprehensive independent research and engagement project undertaken into recreation needs, facilities and services in the Inner West. The report provides Council with a robust and comprehensive evidence base to inform effective recreation, open space, infrastructure, strategic and financial planning for the next 10 years.

The draft Final Report is now presented to Council recommending public exhibition to allow further community and stakeholder input. The feedback during public exhibition will be collated and appropriate amendments made to the draft Final Report. The Final Report and feedback will then be reported back to Council to consider adoption of the RNS.

ATTACHMENTS

1.⇩	Draft Final Report - Recreation Needs Study: A Healthier Inner West May 2018
2.⇩	Recreation Needs Study - Community Engagement Report March 2018
3.	Recreation Needs Study - Financial Considerations Report May 2018 - Confidential

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

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

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

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

Ward	Item	Page Number
Leichhardt	LTC0518 Item 1 Croydon Road, Croydon-Proposed Pedestrian and Road Safety Improvements (Leichhardt Ward/Strathfield Electorate/Ashfield LAC)	Page 2
Leichhardt	LTC0518 Item 3 Edith Street at Regent Street, Leichhardt - Proposed 'No Stopping' zones (Leichhardt Ward/Balmain Electorate/Leichhardt LAC)	Page 7
Leichhardt	LTC0518 Item 4 Denman Avenue, Haberfield – Proposed Traffic Calming Design Plans (Leichhardt Ward/Summer Hill Electorate/Ashfield LAC)	Page 8
Leichhardt	LTC0518 Item 9 Louisa Street, Summer Hill – Resident Parking Scheme (Leichhardt Ward/Summer Hill Electorate/ Ashfield LAC)	Page 12
Ashfield	LTC0518 Item 2 Old Canterbury Road, Dulwich Hill - Proposed Traffic Signals Concept Design Plans (Ashfield Ward/Summer Hill Electorate/Ashfield & Inner West LAC)	Page 5
Ashfield	LTC0518 Item 10 Brown Street, Ashfield- Proposed bay line marking for motorcycles in parking space. (Ashfield Ward/Summer Hill Electorate/Ashfield LAC)	Page 12
Ashfield	LTC0518 Item 16 Frederick Street, Ashfield	Page 17
Balmain	LTC0518 Item 6 Nelson Lane (between Piper Street and Rose Street), Annandale - Extension of 'No Parking' zone (Balmain Ward/Balmain Electorate/Leichhardt LAC)	Page 6
Balmain	LTC0518 Item 12 Fenwick Building - Illoura Reserve, Balmain East - Car Park Conditions (Balmain Ward / Balmain Electorate / Leichhardt LAC)	Page 14
Stanmore	LTC0518 Item 7 Kingston Lane, Camperdown - Proposed 'No Parking' Restrictions (Stanmore Ward/Newtown Electorate/Inner West LAC)	Page 11
Stanmore	LTC0518 Item 8 Melville Lane, Newtown - Proposed 'No Parking' Restrictions (Stanmore Ward/ Newtown Electorate/Inner West LAC)	Page 11
Stanmore	LTC0518 Item 15 Request for investigation into compression brakes by heavy vehicles on Old Canterbury Road, Lewisham	Page 17
Marrickville	LTC0518 Item 11 Esk Lane, Marrickville - Proposed Statutory 'No Stopping' Restrictions (Marrickville Ward/Summer Hill Electorate, Inner West LAC)	Page 13
Marrickville	LTC0518 Item 13 Nos. 826-836 Princes Highway, Tempe - DA201700497 – Demolish Existing Improvements and Construct a 3 Storey Building Containing 22 Serviced Apartments with Basement Car Parking and Ground Floor Level Tenancy	Page 15
All Wards	LTC0518 Item 5 Minor Traffic Facilities (All Wards / All Electorates / All LACs)	Page 9
All Wards	LTC0518 Item 14 Minor Traffic Facilities (All Wards/All Electorates/All LACs)	Page 16
All Wards	LTC0518 Item 17 Sydney Buses	Page 17

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

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

1.⇩	Existing Instrument of Delegation - General Manager
2.⇩	Proposed instrument of delegation to General Manager
3.⇩	Proposed instrument of delegation - Mayor and Deputy Mayor

Overall Portfolio Credit Limits/Ratings
Long Term	Short Term	Current Maximum	100% Divestment Change required
AAA	A-1+	100%	100%
AA	A-1	100%	100%
A	A-2	70%	100%
BBB	A-3	20%	30%
~~Unrated~~	~~Unrated~~	~~10%~~	~~10%~~
Specific Ministerial Approved Forms of Investment
NSW Treasury Corp Deposits and Hour Glass Facilities		100%	100%

Individual ADI Credit Limits/Ratings
Long Term	Short Term	Current Maximum	100% Divestment Change required
AAA	A-1+	45%	45%
AA	A-1	30%	45%
A	A-2	20%	30%
BBB	A-3	10%	10%
~~Unrated~~	~~Unrated~~	5%	5%
NSW Treasury Corp Deposits and Hour Glass Facilities
11am, Term Deposits or Bonds		35%	35%
Hour Glass Cash Facility		35%	35%
Hour Glass Strategic Cash Facility		20%	20%

1.⇩	IWC Apr18
2.⇩	IWC Economic and Investment Portfolio Commentary Apr18
3.⇩	Exisitng Inner West Council Investment Policy - Adopted May 2017
4.⇩	Draft Inner West Council Investment Policy May 2018

Option	Description	Space provided	Cost	Timeline	Pros	Cons
A	Demolish the front of the Telstra building and provide a public square (original agreed project)	Public Square = 160sqm	$1.6M ($1.1M demo and $500k public domain works)	15 months	Deed with Telstra in place, Community engagement complete, cost based on market value for demolition.	Cost to demolish has increased and requires $300k additional budget to demolish.
B	Demolish the larger part of the Telstra building and provide a public square	Public Square = 172sqm	$2M ($1.35M demo and $650k public domain works)	24 months	Increased public square	Need to negotiate new Deed with Telstra. Risk they may not agree. New design for demolition required. Costs are based on estimate.
C	Defer the public square works and lease the building from Telstra until NBN is rolled out	Public square = 207sqm Leased space = 100sqm	$2.9M ($2M demolition $900k public space improvements) $50,000 to enable the leased space includes accessibility and security	6 months for lease and 5 years for public square	Leased space for artists or not for profit. Increased space in the future.	Need to negotiate new Deed with Telstra. Risk they may not agree. New design for demolition required. Costs are based on estimate.

1.⇩	C0318 Item 24 - Balmain Telstra Building and Public Square Project Report
2.	Balmain Telstra Demolition project - Attachment 3 from C0318 Item 24 - Confidential
3.	Leichhardt Council and Telstra - Deed for Works and Easement Premises - Confidential
4.	Balmain Telstra Advice May 18 - Confidential