Council Meeting 27 August 2019 |
Minutes of Ordinary Council Meeting held on 27 August 2019 at Ashfield Service Centre
Meeting commenced at 6.31pm
Present: |
|
Darcy Byrne Victor Macri Marghanita Da Cruz Lucille McKenna OAM Colin Hesse Sam Iskandar Tom Kiat Pauline Lockie Julie Passas Vittoria Raciti John Stamolis Louise Steer Anna York Elizabeth Richardson |
Mayor Deputy Mayor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Chief Executive Officer Deputy General Manager Assets and Environment |
John Warburton |
Deputy General Manager Community and Engagement |
Cathy Edwards-Davis Gwilym Griffiths Wal Petschler |
Group Manager Trees, Parks and Streetscapes Urban Forest Manager Group Manager Footpaths, Roads and Stormwater |
Ian Naylor Katherine Paixao |
Manager Civic Governance Governance Coordinator |
APOLOGIES:
Motion: (Stamolis/Hesse)
THAT Apologies from Councillors Drury and Porteous be accepted.
Motion Carried
For Motion: Crs Byrne, Da Cruz, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Raciti, Stamolis, Steer and York
Against Motion: Nil
DISCLOSURES OF INTERESTS:
Clr Kiat declared a significant, non-pecuniary interest in Item 2 - Sydney Eastern City Planning Panel Report: DA10.2018.220: 74 – 75 Carlton Crescent Summer Hill as his employer has a long standing and ongoing campaign in relation to Ambulance stations in Sydney and he will leave the chamber during discussion and voting.
Motion: (Byrne/Lockie)
That Council note the disclosures of interest.
Motion Carried
For Motion: Crs Byrne, Da Cruz, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Raciti, Stamolis, Steer and York
Against Motion: Nil
CONFIRMATION OF MINUTES
THAT the Minutes of the Council Meeting held on Tuesday, 13 August 2019 be confirmed as a correct record. Motion Carried For Motion: Crs Byrne, Da Cruz, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Raciti, Stamolis, Steer and York Against Motion: Nil |
Motion: (Byrne/Passas)
THAT Council hear from all registered speakers for Item 1.
Motion Carried
For Motion: Crs Byrne, Da Cruz, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Raciti, Stamolis, Steer and York
Against Motion: Nil
PUBLIC FORUM
The registered speakers were asked to address the meeting. The list of speakers is available on the last page of these minutes.
ADJOURNMENT
7.42pm - The Mayor, Clr Byrne adjourned the meeting for a short recess.
7.50pm– The Mayor, Clr Byrne resumed the meeting.
Councillor Passas re-entered the Meeting at 7:52 pm.
That Council amend the Tree DCP policy to include the following:
1. The following new objectives: a. To maintain and enhance the amenity of the Inner West Local Government Area through the perseveration or appropriate trees and vegetation;
b. To ensure the cost burden of meeting
tree canopy targets does not fall unreasonably on property owners and lower
income residents in particular; and c. Encourage private property owners to plant new trees and replace inappropriate trees in order to meet Council’s tree canopy targets.
2. Amend objective 3 to read “to ensure the safety of the community, private property and public infrastructure assets.”;
3. Amend prescribed trees (2.20.3) to be 6 meters rather than 5 meters in height;
4. A schedule of tree species which are exemptions for the need of a tree permit as detailed in the tabled document;
5. Exempt work definition to be amended to: a. Allow for canopy lifting to 2.5 meters above ground without limitation on branch diameter; and
b. Selective pruning to a 3 meter clearance above the roof or from the face of all structures that are being impacted.
6. Where replacement of trees is approved, Council prefers that trees that are removed are replaced on the site with a suitable replacement canopy tree and in a suitable location onsite. However, there may be circumstances when there is no suitable location on site (for example, in the case of small backyards); a financial contribution will be required to be paid to support public tree planting. Offset fees are to established within Council’s fees and charges schedule;
7. Council approval is not required to prune or remove trees within 3m of an existing dwelling or ancillary structure, which has been approved through a Development Application or Complying Development Certificate, within the same lot as the tree. The distance is to be measured from the face of the tree trunk closest to the dwelling or structure to the external wall or roof line of the dwelling or structure, the definition of which may include a garage, carport, studio, shed, workshop, swimming pool, spa or retaining walls with a height greater than 600mm;
8. Development consent is to be required for works or removal of trees only in the following circumstances (all other applications will be categorised as tree works permit applications or minor works requests):
a. Removal of trees identified on the Inner West Council heritage trees list;
b. The tree forms part of an Aboriginal object or that is located within an Aboriginal place of heritage; and
9. The following criteria for the assessment of applications will form the guidelines for tree applications with the assessment criteria in the DCP to be amended to match these: Danger Danger is assessed based on a number of factors including; · The potential/likelihood of a tree or tree part to fail; · A history of previous branch failure; · The size of the defective part of the tree; · The use and occupancy of the area that may be struck by a defective part; and · The tree exceeds 15m in height and is within the strike zone of a habitable dwelling.
Meeting the danger criteria gives significant determinative weight to the application to approve the removal and/or pruning of a tree.
Property Damage The likelihood of the tree having an adverse effect on property including trees renowned for having extensive root systems, which cause damage to footings of houses or, trees that cause blockages to domestic sewer and drainage lines.
Condition of the tree The structural integrity of the tree is assessed for any visible signs of decay or deterioration, this is usually indicated by a lack of foliage, dead branches evident in the canopy, presence of fungal fruiting bodies, excessive sap being exuded from the trunk and/or evidence of insect attack, particularly borer damage. Further, the likelihood the species displays toward branch failure and subsequent limb fall
Health of the tree The species susceptibility to environmental changes, which may affect the longevity of the species survival in its current location. This would include, changes in soil level, excessive root damage caused during construction works, changes in water availability, competition for other vegetation (particularly climbing vines), and compaction of soil (particularly in high usage areas such as car parking areas).
Complying Development The need for tree removal in order to allow for development that could otherwise be carried out under a Complying Development Certificate. A statement from the certifier confirming that tree removal is the only impediment to the issuance of a CDC must be submitted to support the application. These applications will be assessed based on the same criteria as a Development Application.
Significance to Streetscape An assessment of the visual environment and the significance the specimen plays within the streetscape. Other criteria would include if the tree is an endangered or rare species, is of historical significance or, the link the tree provides between bushland and reserves (the connectivity of habitat). Termites Each case of termite infestation will be investigated on its merit. Potential Future Damage The potential for the tree to cause damage in the future is also considered in an assessment for removal. Extenuating
Circumstances Circumstances, such as the owner’s capacity to undertake required maintenance of a tree and surrounds, whether the land owner planted the tree, or solar access for renewable energy systems and other like considerations.
10. The “criteria not considered” provisions are to be deleted;
11. Dangerous tree assessments are to be based on the safety risk in all weather conditions, not “normal” conditions;
12.
A
plain English Language explanation of tree pruning provisions is to be made
13.
Council
is to prepare a list of trees that are supported as replacement trees
14.
A
report be prepared identifying measures, outside of DCP provisions, which
15.
A
review of the Tree DCP is to be conducted after 12 months and reported to
16. After the determination of an application, applicants have the opportunity to seek a review of determination under Section 8.2 of the Environmental Planning and Assessment Act. If an application is refused or if the application if approved with conditions the applicant has the opportunity to request a review of determination that will be determined by the CEO. A review of determination must be completed within 6 months of the determination of the original application under Section 8.3(2) of the Act. Applicants need to ensure that they submit their application for review within 2 months of the determination in order to allow Council to conduct the review in most circumstances. Applicants must be informed at the time of the determination of their application of the review process available to them;
17. There be no height requirement for the removal of exempt weeds;
18. Council increase the tree canopy in business zone to 25%;
19. To assist residents to plant trees in places that will ensure the health and vigour of the tree and to reduce risk, Council will provide information and advice on its website; and
20. To reflect the importance of trees in our community, a range of summary statistics to be reported by Council on a quarterly basis. This includes: applications by type, number of tree removals and tree plantings, and if possible, costs associated with this. Statistics should also be provided for the public domain: tree removals, tree plantings, total stock of trees and tree canopy. |
Motion Carried For Motion: Crs Byrne, Iskandar, Macri, McKenna OAM, Passas, Raciti, Stamolis and York Against Motion: Crs Da Cruz, Hesse, Kiat, Lockie and Steer
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Foreshadowed Motion: (Lockie/Hesse)
THAT Council adopt the amended draft Tree Management DCP shown as Attachment 1 and replace the existing controls as set out in: a. Part 2.20 Tree Management of the Marrickville Development control 2011; b. Part 4 Tree Preservation and Management and Tree Replacement and New Tree Planting contained within Chapter C, Sustainability of the Inner West Comprehensive Development Control Plan (DCP) 2016 for Ashbury, Ashfield, Croydon, Croydon Park, Haberfield, Hurlstone Park and Summer Hill; and c. C1.14 Tree Management contained with part C – Place of the Leichhardt DCP 2013. This Foreshadowed Motion lapsed. |
Councillor Kiat left the Meeting at 8:16 pm as he declared a significant, non-pecuniary conflict of interest in Item 2.
Councillor Passas left the Meeting at 8:16 pm.
Councillor Kiat returned to the Meeting at 8:28 pm.
Councillor Passas returned to the Meeting at 8:31 pm.
Councillor Raciti left the Meeting at 8:49 pm.
ADJOURNMENT
8.49pm - The Mayor, Clr Byrne adjourned the meeting for a short recess.
8.53pm– The Mayor, Clr Byrne resumed the meeting.
Councillor Iskandar re-entered the Meeting at 8:55 pm.
Councillor Raciti returned to the Meeting at 8:58 pm.
En Bloc
Motion: (Stamolis/Byrne)
THAT Council move Items 7 and 9 en bloc and adopt the recommendations contained within.
Motion Carried
For Motion: Crs Byrne, Da Cruz, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, , Raciti, Stamolis, Steer and York
Against Motion: Nil
Absent: Cr Passas
THAT the report be received and noted.
|
Motion Carried For Motion: Crs Byrne, Da Cruz, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, , Raciti, Stamolis, Steer and York Against Motion: Nil Absent: Cr Passas |
THAT:
1. The report be received and noted; and
2. Council receive a full report on proposed savings identified in this report at the next Ordinary Council meeting. |
Motion Carried For Motion: Crs Byrne, Da Cruz, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Raciti, Stamolis, Steer and York Against Motion: Nil Absent: Crs Passas |
Councillor Passas returned to the Meeting at 9:08 pm.
Councillor Hesse left the Meeting at 9:21 pm.
Councillor Hesse returned to the Meeting at 9:25 pm.
THAT this Council takes the following steps to ensure all residents have a permanent parking place outside their home at all times:
1. Contact President Trump for his wall building contractor (US/Mexico) to construct a wall around the Inner West;
2. Any cars or people passing through the Inner West to pay a mobility tax to the Inner West Council, no parking allowed;
3. Passports required for non-Inner West citizens; and
4. Businesses unable to find parking for their staff from outside the area to go broke in their own time, without community or Council support.
This motion lapsed for want of seconder. |
THAT Council immediately set-up a taskforce to seek partners to develop Marrickville Town Hall as an art gallery and performance space.
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Motion Lost For Motion: Crs Da Cruz, Hesse, Kiat and Steer Against Motion: Crs Byrne, Iskandar, Lockie, Macri, McKenna OAM, Passas, Raciti, Stamolis and York
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Amendment (Stamolis/Passas)
That Council prioritise community, arts and culture.
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Motion Lost For Motion: Crs Hesse, Kiat, Lockie, Passas, Stamolis and Steer Against Motion: Crs Byrne, Da Cruz, Iskandar, Macri, McKenna OAM, Raciti and York
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Foreshadowed Motion (Byrne/Iskandar)
THAT Council note the advice from officers that the EOI process for Marrickville Town Hall has been concluded with outcomes being reported to Council in September.
|
Motion Carried For Motion: Crs Byrne, Da Cruz, Iskandar, Lockie, Macri, McKenna OAM, Passas, Raciti, Stamolis and York Against Motion: Crs Hesse, Kiat and Steer |
THAT:
1. Council review previous traffic counts in Chandos Street and neighbouring streets and request comparable data from RMS, obtained following the opening of Westconnex Stage 1, with a view to closing Chandos Street at the intersection of Parramatta Road;
2. The matter be referred to Council for consideration; and
3. Staff investigate the option for allowing left turn only out of Chandos Street onto Parramatta Road, if Chandos Street is not closed. |
Motion Carried For Motion: Crs Byrne, Da Cruz, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Raciti, Stamolis, Steer and York Against Motion: Nil |
THAT Council:
1. Commend staff for their work in bringing together such a high-quality forum; 2. Write to the Minister for Environment the Hon Matt Kean and the Minister for Planning and Public Spaces the Hon Rob Stokes to let them know of the success of the Inner West War on Food Waste forum, and to thank the Environmental Protection Agency and the Department of Planning and Environment for their involvement; 3. Collaborate with Randwick Council to coordinate a further meeting, to be hosted at Randwick, with the objective of beginning discussions with interested Councils regarding a group approach to planning and locating a food waste recovery plant and transfer stations for the use of metropolitan Councils; and 4. Write to the Clean Energy Finance Corporation to thank them for their presentation at the War on Food Waste forum and ask for their guidance in ongoing collaboration between metropolitan Sydney councils and the development of a proposal for a food waste processing plant.
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Motion Carried For Motion: Crs Byrne, Da Cruz, Hesse, Iskandar, Kiat, Lockie, McKenna OAM, Raciti, Stamolis, Steer and York Against Motion: Crs Macri and Passas |
Meeting closed at 9.48pm.
Public Speakers:
Item #
|
Speaker |
Suburb |
Item 1: |
Rene Holmes Geoff Crossley Robert Mayer Toula Chrisafis Brigita Molnar Nancy Wahlquist |
Ashfield Tempe Stanmore Summer Hill Ashfield Balmain |
Item 4: |
Yvette Beaumont Jason Bruer Alex Dilworth Bailan Devereaux |
Marrickville Marrickville Marrickville Marrickville |
Item 14: |
Gerard Turrisi Adrian Walton |
Leichhardt Haberfield |