Agenda of Council Meeting

Council Meeting

23 June 2020

Minutes of Extraordinary Council Meeting held remotely on 3 June 2020

Meeting commenced at 6.30pm

Present:
Darcy Byrne Vittoria Raciti Marghanita Da Cruz Mark Drury Lucille McKenna OAM Colin Hesse Tom Kiat Pauline Lockie Victor Macri Julie Passas Rochelle Porteous John Stamolis Louise Steer Anna York Michael Deegan Marcia Doheny	Mayor Deputy Mayor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor (6.35pm) Councillor Chief Executive Officer General Counsel
Ian Naylor	Manager Governance
Katherine Paixao	Governance Coordinator

APOLOGIES: Nil

DISCLOSURES OF INTERESTS:

Clr Drury declared a significant, non-pecuniary interest in Item 1 Report from General Counsel as the subject matter of the report relates to his position in State Government and he will leave the meeting.

Motion: (Byrne/McKenna OAM)

THAT Council note the disclosure of interest.

Motion Carried

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

Against Motion: Nil

Councillor Drury retired from the Meeting at 6:33 pm.

Councillor Steer entered the Meeting at 6:35 pm.

Reports with Confidential Information

C0620(1) Item 1 Report from General Counsel

Motion: (Hesse/Kiat)

THAT Council:

1. Receive and note the report;

2. Be updated immediately as information comes to hand;

3. Receive a Communication Plan by the CEO and General Counsel at the Ordinary Council meeting on 9 June 2020;

4. Note the need to begin quarterly legal briefings and one be convened soon; and

5. Seek advice from the Office of Local Government on the matter contained in the report.

Motion Carried

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

Against Motion: Nil

Absent: Cr Drury

Meeting closed at 8.45pm.

Minutes of Ordinary Council Meeting held remotely and livestreamed on Council’s website on 9 June 2020

Meeting commenced at 6.31pm

Present:
Darcy Byrne Vittoria Raciti Marghanita Da Cruz Mark Drury Lucille McKenna OAM Colin Hesse Sam Iskandar Tom Kiat Pauline Lockie Victor Macri Julie Passas Rochelle Porteous John Stamolis Louise Steer Anna York Michael Deegan Elizabeth Richardson	Mayor Deputy Mayor Councillor Councillor Councillor Councillor Councillor (6.43pm) Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Chief Executive Officer Chief Operating Officer, Director Development and Recreation
Cathy Edwards-Davis Erla Ronan Melodie Whiting Daryl Jackson	Director Infrastructure Director City Living Director Corporate Chief Financial Officer
Ian Naylor	Manager Governance
Katherine Paixao	Governance Coordinator

APOLOGIES: Nil

DISCLOSURES OF INTERESTS:

Clr Hesse declared a non-significant, non-pecuniary interest in Item 5 as a recommended recipient of a grant, Ms Huna Amweero, is the President of Radio Skid Row, the community radio station he volunteers with.

Clr Drury declared a significant, non-pecuniary interest in Verbal Report from Chief Executive Officer as the subject matter of the report relates to his position in State Government and he will leave the meeting.

Motion: (Byrne/Lockie)

THAT Council note the disclosure of interests.

Motion Carried

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

Against Motion: Nil

CONFIRMATION OF MINUTES

Motion: (Lockie/Drury)

THAT the Minutes of the Council Meeting held on Tuesday, 26 May 2020 be confirmed as a correct record, subject to the follow amendment:

- Adding the following motion for Item 16 Verbal report on Chief Executive Officer (CEO) Performance.

Motion: (Porteous/Drury)

THAT the performance review consideration be deferred to the next Ordinary Meeting.

Motion Carried

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

Against Motion: Nil

Councillor Iskandar entered the Meeting at 6:43 pm.

C0620(2) Item 10 Mayoral Minute: Council Staff's Bushfire Response

Motion: (Byrne)

THAT Council:

1. Expresses its thanks and gratitude to Council officers Cameron Gray, Conor Wilson, Asher Richardson and Ellen Shannon who temporarily joined Eurobodalla Shire Council’s team of development assessors to help process existing applications and fast track new ones from bushfire-affected residents; and

2. Receive a report on establishing a “Sister City” assistance program with Eurobodalla Shire Council, which is to be tabled at a Council meeting.

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

C0620(2) Item 11 Mayoral Minute: Leichhardt Oval and Henson Park upgrades

Motion: (Byrne)

THAT:

1. Notes the correspondence the Mayor received from Peter V’landys, Chair of the Australian Rugby League Commission (ARLC), in response to his letter dated 2 March;

2. Notes the Schedule of Works for Leichhardt Oval;

3. Consults with Wests Tigers, Sydney FC and relevant sporting organisations on the adopted Schedule of Works and seeks their priorities for the upgrade of Leichhardt Oval; and

4. Submits the Schedule of Works for Leichhardt Oval and the sporting codes priorities to the ARLC and seeks its advocacy for State and Federal funding for Leichhardt Oval.

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

C0620(2) Item 12 Mayoral Minute: Stronger Community Grants shortfall

Motion: (Byrne)

THAT Council:

1. Notes that Inner West Council received no funding in the second round of Stronger Communities Grant funding, which was designated to help Councils that were forcibly amalgamated by the NSW Government in 2016; and

2. Writes to the Premier for New South Wales and the Minister for Local Government requesting that Inner West Council receives its fair share of the Stronger Communities Grant funding.

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

C0620(2) Item 1 Public Exhibition of Draft Revised Delivery Program 18-22 and combined Draft Operational Plan 2020/21 and Budget 20/21, Draft Fees and Charges 2020/21, and Draft Updated Long Term Financial Plan 2020-30

Motion: (Drury/Byrne)

THAT Council:

1. Place the Revised Delivery Program 2018 - 22 and combined Draft Operational Plan 2020/21 and Budget 2020/21, Draft Fees and Charges 2020/21, Draft Updated Long -Term Financial Plan 2020 - 30 for public exhibition for a minimum of 28 days;

2. Continue to develop a consistent Inner West Council rating structure by July 2021,
as required by the NSW Government;

3. Determines the 2020/21 fees and charges to be exhibited not include a fee for booking Tennis Court Hire and that the fees relating to Synthetic Turf fields be renamed for Arlington Oval;

4. Note that the $10 million savings target of the 2019/20 Budget has been met and exceeded by $8 million and that Council include reference to the $18 million in savings that have been achieved this financial year in the draft 2020/21 Budget that goes out on exhibition; and

5. Receive advice with the post-exhibition report regarding:

a) Maintaining a 0% interest rate on overdue rates for the entire financial year, in the context of a possible economic recession and significant economic hardship within the Inner West;

b) The policy governing bookings of Skate Parks and how the risk of reduced community access will be managed with potential formalisation of such bookings through introduction of a fee;

c) Key Performance Indicators which were adopted with the previous budget and operational plan, noting that Council resolved on 14 May 2019 that: “All Key Performance Indicators in the Operational Plan are comprehensively reviewed for the 2020/2021 Operational Plan and Budget, and that this forms part of the monthly meetings proposed by the CEO”; and

d) Potential ‘Initiatives’ to correspond with the following ‘Strategies’:

i. 1.1.4 - ‘Develop planning controls to protect and support a sustainable environment’; and

ii. 2.4.1 - ‘Ensure the expansion of social, community and affordable housing, distributed across the Inner West, facilitated through proactive policies’.

Motion Carried

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

Against Motion: Crs Passas and Stamolis

Foreshadowed Motion: (Stamolis/Passas)

THAT Council:

1. Endorse the drafts of the Revised Delivery Program 2018-22 and combined Draft Operational Plan 2020/21 and Budget 2020/21, Draft Fees and Charges 2020/21, Draft Updated Long-Term Financial Plan 2020-30 for public exhibition for a minimum of 28 days; and

2. Continue to develop a consistent Inner West Council rating structure by July 2021, as required by the NSW Government.

This Foreshadowed Motion lapsed.

Councillor Passas left the Meeting at 7:45 pm.

Councillor Passas returned to the Meeting at 7:55 pm.

C0620(2) Item 2 Post Exhibition Report - Draft Inner West Local Environmental Plan 2020 and Associated DCP Amendments

Motion: (Porteous/Passas)

THAT Council:

1. Defer this item to the 23 June 2020 Council meeting to enable further consultation with local communities concerned about elements of the LEP and DCP 2020, particularly in relation to the Moore St and Summer Hill Flour Mill rezoning;

2. Contact the State Government for an extension; and

3. Puts a Q&A about this Item on the website as soon as possible.

Motion Carried

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

Against Motion: Crs McKenna OAM and York

Foreshadowed Motion: (McKenna OAM/Byrne)

THAT Council:

1. Endorse the planning proposal to facilitate the draft Inner West Local Environmental Plan 2020 (LEP 2020) as exhibited with minor amendments outlined in Attachment 1 and as amended to correct administrative errors identified when mapping Schedule 5 Environmental Heritage;

2. Noting that Council does not have delegation to make the LEP, submit the planning proposal as amended by Part 1 of this resolution to the Department of Planning Industry and Environment for making;

3. Adopt the exhibited amendments in relation to the removal of the notification chapters from the following Development Control Plans (DCPs):

a) Marrickville DCP 2011;

b) Leichhardt DCP 2013 as well as the deletion of Clause C25(c) (car share); and

c) Comprehensive Inner West DCP 2016 for Ashbury, Ashfield, Croydon, Croydon Park, Haberfield, Hurlstone Park and Summer Hill (Ashfield DCP).

4. Adopt the rest of the exhibited amendments to the DCPs, with the exception of changes that relate to the Moore Street Industrial Precinct in Leichhardt DCP 2013, and align the date the amended DCPs come into force with the finalisation of the Inner West Local Environmental Plan 2020 by the Department of Planning Industry and Environment.

This Foreshadowed motion lapsed.

C0620(2) Item 3 Expression of Interest for Inner West Recovery Taskforce

Motion: (Lockie/Steer)

THAT:

1. The following applicants be appointed to the economic recovery taskforce:

Greg Khoury
Erica Berchtold
Mark Chapman
Chrissy Flanagan
Morris Hannah
Percy Allen
Kerrie Glasscock
Monica Vardabasso

2. In addition to the Mayor, council nominate Councillor Steer as delegate to the Taskforce;

3. The proposed terms of reference be adopted in principle and tabled for consideration at the first meeting of the taskforce;

4. Council notify successful and unsuccessful applicants of the outcome of the process; and

5. The first meeting of the taskforce be held no later than July 1 2020.

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

C0620(2) Item 4 Supporting Inner West NGOS and Charities

Motion: (Byrne/Lockie)

THAT Council approve a COVID impact funding contribution of $25,000 each to the following major partner organisations: Addison Road Community Centre, Asylum Seekers Centre, Exodus Foundation, Headspace Ashfield, Inner West Neighbour Aid, Leichhardt Women’s Health Centre, Marrickville Youth Resource Centre, Newtown Neighbourhood Centre, Rozelle Neighbourhood Centre, and St Vincent de Paul Society Inner West.

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 (Da Cruz/Passas)

THAT Sydney City Lifestyle and Mission Centre in Annandale in the NFP and Charities receiving a COVID-19 grant from the Inner West Council.

Motion Lost

For Motion: Crs Da Cruz and Stamolis

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

C0620(2) Item 5 Inner West Creative and Cultural Resilience Grants

Motion: (Lockie/Steer)

THAT Council endorse the recommendations for $300,000 of Inner West Creative and Cultural Resilience Grants for funding and note an additional $55,084 has been allocated to the grant funding from unexpended City Living events and programs budgets enabling a total of 44 projects to be funded.

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

8.47pm - The Mayor, Clr Byrne adjourned the meeting for a short recess.

8.52pm– The Mayor, Clr Byrne resumed the meeting.

C0620(2) Item 6 Public Domain Parking Policy

Motion: (Drury/Stamolis)

THAT:

1. The Public Domain Parking Policy (Attachment 1) be adopted in the former Ashfield and Marrickville Council areas and become effective from 1 July 2020;

2. The Leichhardt Council – Resident Parking Scheme 2007 Policy be retained;

3. Council rescind existing parking policies including: Ashfield Council - Resident Parking Permit Scheme, 2014; Leichhardt Council - Angle Parking Policy, 2010; Marrickville Council - Angle Parking in Residential Streets Policy, 1999; Marrickville Council - various policies & protocols on Resident Parking Scheme; and Ashfield Council – Supporting Car Share Parking Policy 2015; Leichhardt Council – Car Share Policy 2008; Marrickville Council – Car Share Policy 2014;

4. The proposed fees and charges for the former Ashfield and Marrickville Council area be supported in principle and be considered through the annual budget review process for 2021/2022; and

5. Council amend 7.12.2 last paragraph with the addition of a final sentence to read:

Residents may apply to maintain hard copy parking permits.

6. The pensioner permits in the former Leichhardt Council area be retained in their current form and unchanged.

Motion Carried

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

Against Motion: Crs Macri and Passas

Foreshadowed Motion: (Passas)

THAT Council defer this item until physical Council meetings can take place.

This Foreshadowed Motion lapsed.

C0620(2) Item 7 Funds available for Donations by the Mayor

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, Porteous, Raciti, Stamolis, Steer and York

Against Motion: Cr Passas

C0620(2) Item 8 Notice of Motion: Summary of NGO acquittal

The Mayor ruled this item was dealt with as part of Item 4.

Urgency Motion: King Street Gateway Project

Councillor Lockie requested that an Urgency Motion be considered regarding King Street Gateway Project.

Motion: (Lockie/Byrne)

THAT the matter be considered urgently.

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

The Mayor ruled the matter is urgent.

Motion: (Lockie/Byrne)

THAT Council:

1. Notes with concern the lack of progress that has been made on the King Street Gateway Project, which Transport for NSW is required to build in order to protect King Street Newtown from the traffic impacts of the WestConnex M8 (formerly the New M5);

2. Writes to the Minister for Transport to:

a) Call on the Minister to ensure that the King Street Gateway Project is in place before the WestConnex M8 opens to traffic, or at the very least, that temporary measures in place to protect King Street prior to the opening;

b) Emphasise the Project’s strong alignment with his public commitment to invest in active transport and safer streets, and his government’s obligation to deliver the Project under the New M5 Conditions of Approval; and

c) Request an urgent meeting to ensure this matter can be resolved to Council’s satisfaction before the M8 opens.

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

Urgency Motion - Rescission C0420(2) Item 12 Proposed Licencing at Tempe
Reserve 28 April 2020

Councillors Byrne, Drury, Iskandar, McKenna OAM and York requested that an Urgency Motion be considered a motion to rescind C0420(2) Item 12 Proposed Licencing at Tempe Reserve.

Motion: (Byrne/York)

THAT the matter be considered urgently.

Motion Carried

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

Against Motion: Crs Macri, Passas and Raciti

The Mayor declared this matter urgent.

Motion: (Byrne/York)

THAT C0420(2) Item 12 Proposed Licencing at Tempe Reserve adopted at the 28 April 2020 ordinary Council meeting be rescinded:

THAT Council:

1. Approves signing of a non-binding Heads of Agreement with Newington College generally in the form provided at Attachment 1;

2. In its capacity as land manager of Tempe Recreation Reserve, approves the subsequent entering into of an Agreement for Licence on the terms outlined in the Heads of Agreement once all legislative requirements have been completed;

3. Endorses a Licence period of up to 30 years, subject to approval by the Minister for Local Government; and

4. Nominate whether it wishes to pursue further partnering opportunities at Tempe Recreation Reserve, through an Expression of Interest process.

Motion Carried

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

Against Motion: Crs Macri, Passas, Raciti and Stamolis

Motion: (Byrne/York)

THAT Council:

1. Open an expression of interest process for community sporting clubs and local public and low fee non-government schools use of the sporting fields including the proposed new 2 synthetics fields identified in the Tempe Reserve Plan of Management. This should include extended hours of use up until 10:00pm on weekday evenings;

2. Write to Newington seeking further public benefit, such as including access for local sporting clubs to Newington’s sporting facilities, as a component of any co-investment at Tempe Reserve;

3. Convene a meeting of local sporting clubs and Tempe High School to discuss the Tempe Reserve Master Plan and the EOI for use of the proposed synthetic surfaces; and

4. The community consultation process for the Tempe Reserve Plan of Management be reopened for three weeks from the date of letterboxing a comprehensive summary of the draft master plan to residents of Tempe, Sydenham and St Peters.

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

Foreshadowed Motion (Hesse/Kiat)

THAT:

Council permanently cease contract negotiations with Newington College, and not enter into any contract agreement with Newington College or any private school that would allow the exclusive use of Inner West Council playing fields, parks or facilities beyond that allowed a seasonal user under Inner West Council’s Sporting Grounds Allocations Policy;

The community consultation process for the Tempe Reserve Plan of Management be reopened for three weeks from the date of letterboxing a comprehensive summary of the draft master plan to residents of Tempe, Sydenham and St Peters.

This Foreshadowed Motion lapsed.

Confidential Session

Motion: (Byrne/Lockie)

That Council enter into Confidential Session.

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

10.44pm - The Mayor, Clr Byrne adjourned the meeting for a short recess.

10.46pm– The Mayor, Clr Byrne resumed the meeting.

Clr Drury left the meeting at 10.46pm as he declared a significant, non-pecuniary interest in Item 13 Verbal Report from Chief Executive Officer as the subject matter of the report relates to his position in State Government

C0620(2) Item 13 Verbal Report from Chief Executive Officer

Motion: (Byrne/Lockie)

THAT Council defer this matter to the next Ordinary Council Meeting.

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

Councillor Drury returned to the Meeting at 11:05 pm.

C0620(2) Item 14 Verbal report on Chief Executive Officer (CEO) Performance

Motion: (Byrne/Hesse)

THAT Council notes that the CEO's 6 monthly verbal report to full council has been completed. The Performance Review Committee to convene a meeting as soon as possible in June to progress the performance review process for the CEO as per the published CEO Performance Review and Plan.

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 closed at 11.12pm.

Council Meeting

23 June 2020

Item No: C0620(3) Item 1

Subject: Deferred Post Exhibition Report – Draft Inner West Local Environmental Plan 2020 And Associated DCP Amendments

Prepared By: Terri Southwell - Team Leader - Urban Strategy

Authorised By: Harjeet Atwal - Senior Manager Planning

RECOMMENDATION

THAT Council:

1. Endorse the planning proposal to facilitate the draft Inner West Local Environmental

Plan 2020 (LEP 2020) as exhibited with minor amendments outlined in Attachment 1 and as amended to correct administrative errors identified when mapping Schedule 5 Environmental Heritage; and

2. Notes that Council does not have delegation to make the LEP, submit the planning proposal as amended by Part 1 of this resolution to the Department of Planning Industry and Environment for making;

3. Adopt the exhibited amendments in relation to the removal of the notification chapters from the following Development Control Plans (DCPs):

a) Marrickville DCP 2011;

b) Leichhardt DCP 2013 as well as the deletion of Clause C25(c) (car share); and

c) Comprehensive Inner West DCP 2016 for Ashbury, Ashfield, Croydon, Croydon Park, Haberfield, Hurlstone Park and Summer Hill (Ashfield DCP).

DISCUSSION

At its meeting of 9 June 2020 Council deferred consideration of this matter, to enable further consultation with local communities concerned about elements of the draft Inner West LEP 2020, to allow a better understanding of the changes proposed in the Draft LEP to the Moore Street Industrial Precinct and the Summer Hill Flour Mill Complex; and to request an extension to the timeframe for submission of the LEP to DPIE. At the time of writing no response has been received from DPIE in relation to the requested extension of time.

Summer Hill Flour Mill

Strata/stratum plans were made available to Council staff to enable further investigation to identify which sites contain the heritage buildings on the Summer Hill Flour Mill site. As a result, the Draft Inner West LEP 2020 (Attachment 1) now only identifies 2 lots at 16-18 Flour Mill Way, Summer Hill as having heritage significance. The reference to interiors is retained.

Moore Street, Leichhardt Industrial Precinct

As indicated in the Council report considered at the 9 June Council meeting (Attachment 2)

The draft LEP 2020 has been amended to retain the zoning of the Moore Street industrial precinct as IN2 Light Industrial and to permit freight transport facilities, general industries, resource recovery facilities, sewage treatment plants, timber yards and vehicle body repair workshops as additional permitted uses on this land; thereby replicating the existing permitted uses on this land as closely as possible under the existing Leichhardt LEP 2013. No further amendments are proposed.

There are no changes to the DCPs proposed beyond those recommended at the meeting of 9 June 2020. The DCPs can be found using the following link (due to the size of the attachment, it can be accessed using the following link http://www.innerwest.nsw.gov.au/develop/planning-controls/development-control-plans-dcp)

Additional Consultation

An email was sent to all submitters on 11 June advising them of the Council resolution from 9 June for the deferral of the LEP and the requirement for additional engagement opportunities. In addition, posts were made on Council’s facebook, Twitter and Linkedin.

Council’s Your Say project page was updated to include video presentations of the changes that have occurred since the planning proposal for the draft LEP and the DCPs were exhibited in relation to the Moore Street Industrial Precinct and the Summer Hill Flour Mill site.

A Question and Answer (Q&A) was set up on the Your Say project page, and staff answered questions as they arose. The Q&A, email and phone line were available from Thursday 11 June through the weekend to 5pm Sunday 14 June. 37 public questions were asked on the Q&A. Of these over 80% came from only 3 households, with almost 50% from one person. There were 4 phone calls.

Questions raised during this period almost entirely related to the Moore St precinct: the proposed change to the method of permitting of business and office premises for creative uses; the delay in greening Whites Lane, the carrying forward from Leichhardt LEP of freight transport facilities and timber yards as additional permitted uses; the relationship with the Draft Employment and Retail Lands Strategy and the amenity, environmental, traffic and parking impacts of a perceived intensification resulting from carrying forward uses permitted in the Leichhardt LEP. There were no questions on the Summer Hill Flour Mills site.

Council Interest

Attachment 3 of the report outlines the nature of Council’s interest in the LEP 2020. Council owns 4 parcels of land within the area of land likely to be affected by rezoning under LEP 2020. The land is utilised for public purposes and no change in use of this land is anticipated as a result of LEP 2020.

FINANCIAL IMPLICATIONS

Milestone 5 of the accelerated LEP funding agreement with the State Government requires submission of the approved planning proposal to be sent to Department of Planning Industry and Environment by 30 June 2020.

Attachment 1 has been published separately in the Attachments Document on Council’s Website https://www.innerwest.nsw.gov.au/about/the-council/council-meetings/current-council-meetings

ATTACHMENTS

1.⇨	Draft Inner West Local Environmental Plan 2020 - Written Instrument with Summary of changes since exhibition – Published separately
2.⇩	Post Exhibition Report to 9 June Council Meeting - Draft Inner West Local Environmental Plan 2020 and associated DCP amendments
3.⇩	Statement of Council interest for Council Owned land - 9 June 2020
4.⇩	Officer Comments in relation to Submissions - 9 June 2020

Council Meeting

23 June 2020

Item No: C0620(3) Item 2

Subject: Rent Relief for Tenants - Covid 19 Coronavirus

Prepared By: Con Vafeas - Strategic Investments and Property Manager

Authorised By: Elizabeth Richardson - Chief Operating Officer, Director Development & Recreation

RECOMMENDATION

THAT Council:

1. Adopt the National Cabinet Mandatory Code of Conduct – SME Commercial Leasing Principles During COVID-19 (Code);

2. Adopt the subsequent Retail and Other Commercial Leases Covid-19 Regulation 2020 (Regulation) which applies to all retail and commercial leases;

3. Adopt the subsequent Residential Tenancies Amendment (COVID-19) Regulation 2020 which applies to all residential leases;

4. Voluntarily apply the Code and subsequent Regulations to retrospectively commence on 23 March 2020;

5. Voluntarily apply the Code and subsequent Regulations to all Inner West Council tenancies including Licences and any other formal rights to occupy land which are not ordinarily covered by the Code and Regulations; and

6. Delegate authority to the CEO (and Staff) to negotiate and finalise the terms for the appropriate rent relief with Inner West Council tenants.

DISCUSSION

On 25 March 2020, Council’s Incident Management Team (IMT) adopted an initial framework for the assessment of claims from Council Tenants for rent relief. This initial framework has since been superseded by the National Cabinet Mandatory Code of Conduct (Code) which was announced by Prime Minister Scott Morrison on 7 April 2020. The initial framework adopted by Council’s Executive Team and the National Cabinet Mandatory Code of Conduct (Code) are largely similar in principle.

Subsequently, the NSW State Government passed the Residential Tenancies Amendment (COVID-19) Regulation 2020 on 15 April 2020 which applies to all properties where a residential tenancy agreement is in place. On 24 April 2020, the NSW State Government then passed the Retail and Other Commercial Leases Covid-19 Regulation 2020 (Regulation) which applies to all retail and commercial leases.

LEASING PRINCIPLES DURING COVID-19

The Regulations enact the National Cabinet Mandatory Code of Conduct (the Code) which has been drawn up with the aim of:

· sharing the financial risk and cashflow impact during the COVID-19 period; and

· balancing the interests of tenants and landlords.

The Code includes 14 leasing principles, and these principles apply to negotiating amendments in good faith to existing leasing arrangements.

Principles 3, 4 and 5 refer to rent reduction and apply on a case by case basis:

· Principle 3: Landlords must offer reductions in rent (in the form of deferrals and waivers) proportionate to the tenant’s decline in turnover.

· Principle 4: Rent waivers (as opposed to deferrals) must constitute at least 50 per cent of the rent reduction.

· Principle 5: Any deferred rent must be paid back over the balance of the lease term or for a period of no less than 24 months, whichever is greater.

Landlords and tenants may opt out of any, or all, of the leasing principles as long as both parties agree to this.

REQUIRED SUPPORTING INFORMATION

In accordance with the Mandatory Code and subsequent Regulations, any Tenants requesting rent relief due to Covid-19 Coronavirus will be required to provide supporting information which substantiates their claim. The information required from a Tenant differs depending upon which regulation is being applied.

Under the Retail and Other Commercial Leases Covid-19 Regulation 2020, a Tenant will be required to provide supporting information described as “Sufficient and accurate information” under the Code and defined as “this includes information generated from an accounting system, and information provided to and/or received from a financial institution, that impacts the timeliness of the Parties making decisions with regard to the financial stress caused as a direct result of the Covid-19 event”.

Tenants will be required to provide monthly year on year revenue figures (2020 against 2019) together with bank statements to meet the “Sufficient and accurate information” requirement.

In the event a Tenant’s revenue cannot be determined through this information further supporting evidence will be requested.

Council has several tenants whose leases have been running for less than 1 year in duration. For these tenants an average of 3 consecutive months revenue figures will be adopted as the base line for comparison.

Under the Residential Tenancies Amendment (COVID-19) Regulation 2020, a Residential Tenant requesting rent relief will be required to demonstrate that:

1. one or more rent-paying members of a household have lost employment or income (or had a reduction in work hours or income) due to the impact of the COVID-19 pandemic, or

2. one or more rent-paying members of a household have had to stop working or reduce work hours due to illness with COVID-19, another member of the household’s illness with COVID-19, or COVID-19 carer responsibilities for household or family members, and

3. the above factors result in a household income (inclusive of any government assistance) reduced by 25% or more.

The Regulation allows a Residential Tenant to provide simple documents to show that they are impacted by COVID-19, for example:

· proof of job termination/stand-down, or loss of work hours

· proof of Government income support

· proof of prior income.

APPLICABILITY OF REGULATIONS

The Retail and Other Commercial Leases Covid-19 Regulation 2020 commenced on 24 April 2020 and will be repealed six (6) months after that date (23 October 2020). Tenants affected by the Covid-19 Coronavirus will be unable to make a claim for rent relief after 23 October 2020.

What has been evident is that the Covid-19 Coronavirus impacted upon tenants in late March 2020. Unusually, the Regulation is not retrospective to commence in March and instead it is legislated to commence on 24 April 2020. Council Officers recommend that Council voluntarily apply the Retail and Other Commercial Leases Covid-19 Regulation 2020 from 23 March 2020, being the date restrictions on indoor gatherings closing pubs, clubs, restaurants, cafes gyms and places of worship were introduced. This would allow a more fair and equitable approach to assessing claims for rent relief.

The Residential Tenancies Amendment (COVID-19) Regulation 2020 commenced on 15 April 2020 and applies for a six (6) month duration ending on 14 October 2020 (known as the moratorium period). A Residential Tenant affected by the Covid-19 Coronavirus will be unable to make a claim for rent relief after 14 October 2020. Council Officers also recommend that Council voluntarily apply the Residential Tenancies Amendment (COVID-19) Regulation 2020 from 23 March 2020 for impacted Residential Tenants.

Both Regulations apply to their respective Retail/Commercial and Residential leases. However, neither Regulation applies to Licence Agreements and other unique occupancy tenures. Council has many other tenancies including: Crown Licences, Council Licences, Licence Hire Agreements, Occupancy Deeds, etc. Council Officers recommend that Council voluntarily apply the Code and Regulations to these tenancies that would have otherwise been ineligible to claim for rent relief under the current Code and Regulations.

FINANCIAL IMPLICATIONS

Unfortunately, the actual impact on Council’s revenue cannot be fully determined until agreement on rent relief with Tenants is concluded. State and Federal guidelines on reopening businesses coming out of Covid-19 are continually changing which is directly impacting Tenant’s revenue.

Under the initial framework approved by Council’s IMT on 25 March 2020, over $100,000 has already been approved in rental relief for Tenants where Council had forced a closure of their tenancy.

Based on information provided to date, it is evident a number of tenants have experienced a reduction in revenue greater than 80%. On this basis, it is estimated that for the period 23 March 2020 to 31 May 2020 40% of monthly revenue will be waived and 40% deferred. Estimates at this point in time would indicate that a negative impact upon Council’s rental revenue is likely between $100,000 to $400,000.

Many of Council’s tenants have already reopened and many more have immediate plans in place to reopen once restrictions are lifted. As restrictions are eased by State and Federal Governments it is expected tenants revenue will increase and accordingly the negative impact on Council’s revenue should soften.

ATTACHMENTS

1.⇩	National Cabinet Mandatory Code of Conduct
2.⇩	Residential Tenancies Amendment (COVID-19) Regulation 2020
3.⇩	Retail and Other Commercial Leases Covid-19 Regulation 2020

Council Meeting

23 June 2020

Item No: C0620(3) Item 16

Subject: Question on Notice: The use of Glyphosate by Inner West Council

From: Councillor Rochelle Porteous

Comment by the Chief Executive Officer:

Answers to all questions will be provided at an Ordinary Council meeting in August 2020.

Question

1. In what form are records kept on the use of glyphosate to control weeks on IWC lands?

Question

2. Who is responsible for checking these records and how often are they checked?

Question

3. What oversight occurs to ensure the accuracy of these records?

Question

4. What is the procedure where a breach of relevant policies occurs?

Question

5. From the records kept by IWC, how often has glyphosate been used on IWC lands in the last 6 months?

Question

6. Please provide details of each use of glyphosate for December and January by IWC.

Question

7. The IWC Pesticide Notification Plan only requires one of the following notification methods to be used to notify the use of glyphosate:

· Signs

· Notice within a local community newspaper

· Letters

· Phone contact and/or Fax/email

· Letterbox drops and/or door knocking

· Inner West Council's web page

As part of the record keeping procedures, are records kept on the notification methods used for each use of glyphosate?

Question

8. According to the IWC Pesticide Notification Plan council staff are not required to inform the public that they are spraying glyphosate locally if the application is

Spraying of glyphosate using a hand spray bottle, wand, or spray lance

As part of the record keeping procedures, are records kept where glyphosate has been used and the public has not been informed?

Question

9. Feb 26 2019 Council adopted as part of the adoption of the Weed Management Policy to go out on exhibition the following:

Council engage a consultant to review existing herbicide use and make recommendations on improved risk mitigation as outlined in the report

a) Has Council engaged a consultant to do this work? If not why not?

Question

b) Assuming council has engaged this consultant, what recommendations has the consultant brought to council to improve risk mitigation?

Question

10. May 28 2019 Council as part of the adoption of the Weed Management Policy, the following was adopted:

Only use glyphosate as a matter of last resort where other methods cannot be applied and spot control of persistent weeds that resist other treatments occur.

a) What decision-making process do council staff undertake to ensure Glyphosate is only used as a last resort?

Question

b) Where is it clearly outlined in the current policies that glyphosate must only be used as a last resort?

Question

11. May 28 2019 also adopted was the following:

Any use of glyphosate must be done in a way that avoids it running off into stormwater drains and our waterways.

a) What steps are council staff taking to ensure that when glyphosate is used, it is not running off into stormwater, drains and our waterways?

Question

b) Where is this wording for this found in the current policies?

Question

c) Have there been any breaches regarding this directive from council in the last 6 months?

Question

12. In Leichhardt Council most weed control was undertaken by non-chemical means with use of steam weeding, snipping the weeds and hand weeding. Glyphosate was only used for spot control of weeds where all other methods were not effective. It was reported at the February 2019 council meeting that the Leichhardt Council weed management contract would end in September 2019.

Question

a) Has the Leichhardt Council contract with most of the weed control being undertaken by non-chemical means been renewed with the same frequency of non-chemical weed removal and assurances regarding glyphosate only being used as a last resort?

Question

b) Has the use of glyphosate increased in the Leichhardt Council area since September 2019? If it has please provide details.

Question

c) Has the use of glyphosate increased in the Inner West Council area over the last 12 months? If it has please provide details.

Question

13. The General Secretary of the United Services Union, the industrial body representing Council’s staff, wrote to Councillors in May last year to notify Council that the USU has recently engaged with Safework NSW to further discuss the potential risks of Glyphosate to their workers. What work has the CEO done to follow up with the USU on this matter and to implement any worker safety recommendations?

ATTACHMENTS

Nil.

1.⇩	Planning Proposal - 36 Lonsdale Street and 64-70 Brenan Street Lilyfield
2.⇨	Council Officer Planning Proposal – Published separately
3.⇩	Inner West Local Planning Panel minutes - 4 June 2020
4.⇨	Proponent's Original Planning Proposal - February 2020 - Published separately
5.⇨	Proponent's Architectural Concept Plans - February 2020 - Published separately

Ward	Item
Baludarri (Balmain)	Hartley Street, Rozelle - Proposed Resident Parking Scheme
Gulgadya (Leichhardt)	Croydon Road, Croydon - Bus priority infrastructure program Parramatta Road intersection improvements
Gulgadya (Leichhardt)	Illuminated sign outside Haberfield Rowers Club
Midjuburi (Marrickville)	Smidmore Street, Marrickville – Marrickville Metro Expansion Works – Temporary Full Road Closure for an 18 Hour Overnight Period – To Install a Pedestrian Bridge
	Smidmore Street, Marrickville – Marrickville Metro Expansion Works – Temporary Full Road Closure for a Two Week Period – To Undertake Road Upgrade Works
	Campbell Street, St Peters - (New M5 Local Roads) Proposed Parking Restrictions in angle parking car park
	Road safety around schools in Tempe
	Road safety at intersection of Stevens Lane and Fotheringham Lane, Marrickville
	Safety at the intersection of Edgeware Road, Alice Street and Llewellyn Street, Marrickville
Djarrawunang (Ashfield)	Nil. See All Wards.
Damun (Stanmore)	Road safety around Corunna Road, Westbourne Street and Cannon Streets, Stanmore
All Wards	Temporary extension of pedestrian and cycling space

EXPENSE	COST
Valuation	$800
Notification/Adverting Costs	$1500
Auctioneer	$500
Agent Commission	$800

1.⇩	Planning Proposal - 389 Illawarra Road, Marrickville
2.⇩	Council Report on Marrickville Heritage Review - 26 April 2017
3.⇩	Heritage Assessment - Hector Abrahams Architects - 18 May 2020
4.⇩	Inner West Local Planning Panel meeting minutes - 4 June 2020

1.⇩	IWC May20
2.⇩	IWC Economic and Investment Portfolio Commentary May20

1.⇩	C0819(2) Item 14 - Notice of Motion: Chandos Street
2.⇩	Minutes of C0819(2) Item 14 - Notice of Motion: Chandos Street