Agenda of Council Meeting

Council Meeting

9 March 2021

Live Streaming of Council Meeting

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

Pre-Registration to Speak at Council Meetings

Speaking at a Council Meeting is conducted through an online software application called Zoom. Members of the public must register by 2pm of the day of the Meeting to speak at Council Meetings. If you wish to register to speak please fill in a Register to Speak Form, available from the Inner West Council website, including:

your name;
contact details;
item on the Agenda you wish to speak to; and
whether you are for or against the recommendation in the agenda.

Are there any rules for speaking at a Council Meeting?

The following rules apply when addressing a Council meeting:

keep your address to the point, the time allowed for each speaker is limited to three minutes. This time limit applies, no matter how many items are addressed by the speaker;
when addressing the Meeting you must speak to the Chairperson;
the Chairperson may curtail public participation where the information being presented is considered repetitive or irrelevant; and
only 3 speakers for and against an Agenda Item are allowed.

What happens after I submit the form?

You will be contacted by Governance Staff and provided with a link to the online meeting. Your request will then be added to a list that is shown to the Chairperson on the night of the meeting. Public speakers will be allowed into the Meeting when it is their time to speak.

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

PRECIS

1 Acknowledgement of Country

2 Apologies

3 Notice of Webcasting

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

5 Moment of Quiet Contemplation

6 Confirmation of Minutes Page

Minutes of 9 February 2021 Council Meeting 5

Minutes of 23 February 2021 Extraordinary Council Meeting 19

Minutes of 1 March 2021 Extraordinary Council Meeting 23

7 Public Forum – Hearing from All Registered Speakers

8 Condolence Motions

Nil at the time of printing.

9 Mayoral Minutes

Nil at the time of printing.

10 Reports with Strategic Implications

Nil at the time of printing.

11 Reports for Council Decision

ITEM Page

C0321(2) Item 1 Draft Car Share Policy - Public Exhibition 27

C0321(2) Item 2 Dulwich Hill Parklands Plan of Management 34

C0321(2) Item 3 Balmain Leagues Voluntary Planning Agreement Engagement Outcomes Report 132

C0321(2) Item 4 Whites Creek Valley Park-Reclassification of Park Area as Off Leash 202

C0321(2) Item 5 Local Traffic Committee Meeting - February 2021 204

C0321(2) Item 6 National General Assembly of Local Government 2021 217

C0321(2) Item 7 Proposed Local Government Remuneration Tribunal Submission 2021 231

12 Reports for Noting

ITEM Page

C0321(2) Item 8 Inner West Community Energy Practitioner Network 236

C0321(2) Item 9 Investment Report as at 31 January 2021. 239

C0321(2) Item 10 Council's Insurance Claim Processing System 262

13 Notices of Motion

ITEM Page

C0321(2) Item 11 Notice of Motion: Yabsley Ave, Ashfield - Proposed Pedestrian Access Point 266

C0321(2) Item 12 Notice of Motion: Inclusion of Solar Panels in Council projects 270

C0321(2) Item 13 Notice of Motion: Odour Control Unit in Wolli Valley 272

C0321(2) Item 14 Notice of Motion: GreenWay Steering Committee and GreenWay Officer 274

C0321(2) Item 15 Notice of Motion: Traffic Assessment around Ashfield Pool 279

C0321(2) Item 16 Notice of Motion: Westconnex Lilyfield Road 280

C0321(2) Item 17 Notice of Motion: Print and Post infringement notice 281

C0321(2) Item 18 Notice of Motion: Cement Australia Throughput Increase Application 285

14 Questions From Councillors

ITEM Page

C0321(2) Item 19 Question on Notice:Tree DCP clarification 287

C0321(2) Item 20 Question on Notice: Street Tree Program 288

15 Reports with Confidential Information

Reports appearing in this section of the Business Paper are confidential in their entirety

The confidential information has been circulated separately.

ITEM

C0321(2) Item 21 Lambert Park Lease Negotiations update

Council Meeting

9 March 2021

Minutes of Ordinary Council Meeting held remotely and livestreamed on Council’s website on 9 February 2021

Meeting commenced at 6.30pm

Present:

Darcy Byrne

Victor Macri

Marghanita Da Cruz Mark Drury

Lucille McKenna OAM

Colin Hesse

Sam Iskandar

Tom Kiat

Pauline Lockie

Julie Passas

Rochelle Porteous

Vittoria Raciti

John Stamolis

Louise Steer
Brian Barrett

Elizabeth Richardson

Mayor

Deputy Mayor

Councillor

Acting General Manager

Chief Operating Officer, Director Development and Recreation

Cathy Edwards-Davis

Caroline McLeod

Director Infrastructure

Acting Director City Living

Katherine Paixao

Carmelina Giannini

Acting Governance Manager

Acting Governance Coordinator

APOLOGIES:

Motion: (Drury/Macri)

THAT apologies from Councillor York be accepted.

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

DISCLOSURES OF INTERESTS: Nil

CONFIRMATION OF MINUTES:

Motion: (Stamolis/Raciti)

THAT the Minutes of the Council Meeting held on Tuesday, 8 December 2020 be confirmed as a correct record.

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

PUBLIC FORUM

The registered speakers were asked to address the meeting. The list of speakers is available on the last page of these minutes.

Condolences Motion Liliane Brady, Mayor of Cobar

Motion: (Steer/Porteous)

THAT Council writes a letter of condolence to Cobar Council and the Brady family expressing our sadness at the passing of Liliane Brady, Mayor of Cobar.

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 Hesse left the Meeting at 7:40 pm.

Councillor Iskandar left the Meeting at 7:41 pm.

C0221(1) Item 24 Mayoral Minute: Dawn Fraser Baths

Motion: (Byrne)

THAT Council:

1. Notes that engineering delays in supplying water to fire hydrants and sprinklers for emergency services has prevented the reopening of Dawn Fraser Baths in time for the 2020-2021 summer;

2. Notes that Council had budgeted to open the Baths in time for the commencement of the summer season in October 2020 and that Council officers have estimated the cost of fully opening the pool is approximately $35,000 per month, which will not have been expended from the period October 2020 to March 2021;

3. Waives the cost of entry to the Baths for two weeks after its opening as a gesture of goodwill to the community after the loss of the summer season;

4. Extends the Dawn Fraser Baths swimming season until at least the end of May, noting that the Baths would otherwise be closed within a matter of weeks after opening;

5. Receives a report at the March Ordinary meeting on exercise and recreation programs, community events, social and heritage activities that could be offered by Council or facilitated by community organisations at Dawn Fraser Baths throughout the autumn and winter of 2021 in order to allow for the community to make use of the restored facility throughout the year. This program is to be developed in consultation with all users of the Baths including community sports clubs. It should include consideration of use of the pool itself for water-based activities as well as the facility as a whole for non-swimming activities; and

6. The cost of the two weeks’ waiver and the extended swimming season is to be funded from the 2020/2021 Operational Budget for Dawn Fraser Baths.

Motion Carried

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

Against Motion: Crs Macri and Passas

Absent: Crs Hesse and Iskandar

Councillor Iskandar returned to the Meeting at 7:44 pm.

Councillor Hesse returned to the Meeting at 7:53 pm.

C0221(1) Item 25 Mayoral Minute: Waiving of Hiring Fees for the Newtown Jets

Motion: (Byrne)

THAT Council:

1. Waives the difference in fees between the existing training ground and Leichhardt Oval for ground hire fees for the Newtown Jets Football Club for three training sessions at Leichhardt Oval in February 2021; and

2. Notes Council officers’ advice that the fee waiver will need to be publicly advertised.

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

C0221(1) Item 26 Mayoral Minute: Pipeline Vegetation Works

Motion: (Byrne)

THAT Council writes to the Chief Executive Officer of Ampol Australia and Viva Energy seeking an undertaking that all vegetation clearing works along the Cooks River foreshore pipeline easement will be ceased until adequate consultation with river stakeholders is undertaken and that a Vegetation Management Plan be negotiated with each riverside Council to guide future vegetation management activities. Council to write to relevant stakeholders.

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

C0221(1) Item 1 Post Exhibition - Planning Proposal and Draft Leichhardt Development Control Plan - 1-5 Chester Street, Annandale

Motion: (Da Cruz/Steer)

THAT Council:

1. Note the engagement outcomes from the public exhibition of the Planning Proposal and the associated site-specific Leichhardt Development Control Plan 2013 for 1-5 Chester Street, Annandale as detailed in Attachment 1;

2. In response to submissions, endorse the proposed minor additions to the exhibited site-specific Leichhardt Development Control Plan 2013 as outlined on page 2 of this report;

3. Endorse the amendments to the Leichhardt Local Environmental Plan 2013 and the associated site-specific Leichhardt Development Control Plan 2013 for 1-5 Chester Street, Annandale:

a) As detailed in Attachment 2;

b) To ensure bicycle and motorcycle parking is prioritised, the DCP be amended to increase the provision of bicycle parking to a rate of 1 bicycle space per 3 student housing rooms, 1 visitor bicycle space per 10 student housing rooms and 1 motorcycle space per 5 student housing rooms; and

c) For G11.13 Parking Access Objective O2 to read “To minimize car parking to encourage active transport and car sharing”

4. Note that Council does not have the delegation to make the LEP amendment and submit the Planning Proposal to the Department of Planning, Industry and Environment Minister to make the amendment under Section 3.36 of the Environmental Planning and Assessment Act 1979; and

5. Adopt the site-specific amendment to the Leichhardt Development Control Plan 2013 to come into effect on the same date as the Leichhardt Local Environmental Plan amendment is published on the NSW legislation website.

Motion Carried

For Motion: Crs Da Cruz, Drury, Iskandar, Lockie, Macri, McKenna OAM, Raciti and Steer

Against Motion: Crs Byrne, Hesse, Kiat, Passas, Porteous and Stamolis

Foreshadowed Motion (Stamolis/Passas)

THAT Council further consult and refine the LEP/DCP for 1-5 Chester Street and bring back to Council.

This Foreshadowed Motion lapsed.

C0221(1) Item 2 Identifying a Greek precinct

Motion: (Iskandar/Byrne)

THAT Council:

1. Receives and notes the Engagement Outcomes report;

2. Notes that the majority of respondents agreed to name the proposed precinct “Little Greece”, and that the precinct be located in Marrickville rather than Dulwich Hill;

3. Submits the following to the Geographic Names Board for adoption:

a) Name: Little Greece;

b) Geographic Precinct: Marrickville Road between Livingstone Road and Victoria Road;

4. Celebrates the naming of a Greek precinct with a community event to be held at Marrickville Town Hall on 25 March, which marks the 200th anniversary of Greek Independence Day;

5. Consults with the Consul General of Greece in Sydney as well as local Marrickville and Dulwich Hill Greek residents, organisations and community groups and businesses regarding a program of activities to take place during this community event;

6. Initiate community consultation on the naming of a precinct on Illawarra Road in Marrickville in recognition of the Vietnamese community. This should include consultation with local Vietnamese businesses and community organisations on the potential name and geographic boundaries of the precinct; and

7. Receive a report on the support (or opposition) amongst the Inner West’s non-European communities (e.g. Chinese and Nepalese in Ashfield) for identifying and nominating precincts.

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

ADJOURNMENT

9.00pm - The Mayor, Clr Byrne adjourned the meeting for a short recess.

9.10pm– The Mayor, Clr Byrne resumed the meeting.

C0221(1) Item 3 2020/21 Second Quarter Budget Review

Motion: (Drury/Hesse)

THAT the Second Quarter Budget Review for 2020/21 be adopted.

Motion Carried

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

Against Motion: Cr Passas

Foreshadowed Motion (Passas)

THAT Council defer this matter and hold a Councillor briefing.

This Foreshadowed Motion lapsed for want of seconder.

C0221(1) Item 4 Cleaning Schedule in Town Centres

Motion: (Drury/Kiat)

THAT Council:

1. Adopt a planned quarterly high-pressure cleaning service to all main street town centres between 3 am and 6am using in-house staff with residual capacity dedicated to reactive works, parks playground and hotspot mowing activities at a cost of $181K per annum; and

2. Short term funding be provided in the March quarter budget review and long term funding in the 2021/22 budget deliberations.

Motion Carried

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

Against Motion: Cr Passas

At 10:07pm, the Mayor, Councillor Byrne issued a warning to Councillor Passas for repeated interjections during debate.

C0221(1) Item 5 Ashfield Aquatic Centre, Shading Project

Motion: (Drury/Kiat)

THAT Council:

1. Endorses the installation of all Priority 1 shade proposals detailed in the report for the Ashfield Aquatic Centre at an estimated cost of $310K; and

2. Funds the works from the $1.5m contingency fund for the Centre in the March quarter budget review.

Motion Carried

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

Against Motion: Crs Da Cruz, Passas, Raciti and Stamolis

Foreshadowed Motion (Passas/Da Cruz)

THAT a report be brought back to provide the shade with permanent structures with solar panels

This Foreshadowed Motion lapsed.

C0221(1) Item 6 Office of Sport Coordinator Position

Motion: (Byrne/Stamolis)

THAT Council endorses the permanent position of the Office of Sport Coordinator, noting that the role will align strategically with both Councils Recreation Needs Study and broader ongoing objectives.

Motion Carried

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

Against Motion: Cr Passas

C0221(1) Item 7 Local Traffic Committee Meeting - December 2020

Motion: (Byrne/Macri)

THAT the Minutes of the Local Traffic Committee Meeting held in December 2020 be received and the recommendations be adopted with the following amendment:

- Deferring Item 4 Minor Traffic Facilities to obtain consent from the neighbouring property.

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

En bloc

Motion: (Byrne/Kiat)

THAT Council move Items 10, 12, 13 and 15 en bloc and adopt the recommendations contained within.

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

C0221(1) Item 10 Rates Harmonisation - January 2021 Progress Update.

Motion: (Byrne/Kiat)

THAT the progress report as at 31 January 2021 on Rates Harmonisation be received and noted.

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

C0221(1) Item 12 Investment Report as at 30 November 2020.

Motion: (Byrne/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, Raciti, Stamolis and Steer

Against Motion: Nil

C0221(1) Item 13 Investment Report As At 31 December 2020.

Motion: (Byrne/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, Raciti, Stamolis and Steer

Against Motion: Nil

C0221(1) Item 15 Notice of Motion: Potential park locations for the exercise equipment

Motion: (Byrne/Kiat)

THAT Council investigate potential park locations for the exercise equipment in storage through the whole LGA.

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

C0221(1) Item 8 Response to Continuation of Remote Access to Council Meetings for the Public

Motion: (Passas/Byrne)

THAT Council:

1. Upgrade the Council Chambers to allow hybrid meetings; and

2. Makes a minor amendment to the Code of Meeting Practice to add an additional clause 4.24 ‘Attendance of a registered speaker at a Council meeting may be in person or via an audio-visual link’.

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

C0221(1) Item 9 National General Assembly of Local Government 2021

Motion: (Byrne/Da Cruz)

THAT Council defer this item to the March 2021 Ordinary Council meeting to seek clarification from Australian Local Government Association (ALGA) about the arrangements for remote participation and Covid-19 restrictions at the 2021 conference.

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

C0221(1) Item 11 Incidents at Ashfield Aquatic Centre

Motion: (Byrne/Macri)

THAT Council note the actions undertaken in relation to the Ashfield Aquatic Centre.

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

C0221(1) Item 14 Notice of Motion: Submissions of Motions

Motion: (Stamolis/Passas)

THAT Councillors submit Notices of Motion up to 12.00pm on the Monday of the previous week of the Council Meeting.

Motion Tied

For Motion: Crs Da Cruz, Kiat, Passas, Porteous, Raciti, Stamolis and Steer

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

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

Amendment (Da Cruz/Passas)

THAT Council receive staff reports 11 days before a Council meeting.

Motion Lost

For Motion: Crs Da Cruz, Passas and Raciti

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

The Mayor, Clr Byrne retired from the meeting at 10:55pm and vacated the chair and the Deputy Mayor, Clr Macri assumed the chair.

Suspension of Standing Items

Motion: (Drury/McKenna OAM)

THAT Council Suspend Standing Orders to enter into confidential session and deal with Items 22 and 23 at this time.

Motion Carried

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

Against Motion: Crs Passas and Stamolis

Absent: Cr Byrne

Confidential Session

That in accordance with Section 10A(1) of the Local Government Act 1993, the following matters be considered in Closed Session of Council for the reasons provided:

C0221(1) Item 22 Potential purchase of part of 49A Hercules Street, Dulwich Hill contains personnel matters concerning particular individuals (other than councillors) (Section 10A(2)(a) of the Local Government Act 1993); AND information (Section 10A(2)(c) of the Local Government Act 1993) that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business.

C0221(1) Item 23 Stronger Communities Fund - Legal advice contains advice concerning litigation, or advice (Section 10A(2)(g) of the Local Government Act 1993) that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

Motion: (Macri/Stamolis)

THAT Council move back into the Open Session of the Council Meeting.

Motion Carried

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

Against Motion: Nil

Absent: Cr Byrne

Reports with Confidential Information

C0221(1) Item 22 Potential purchase of part of 49A Hercules Street, Dulwich Hill

Motion (Drury/McKenna OAM)

THAT Council:

1. Resolves to purchase the triangular shaped area of approximately 7.6m2 of vacant land at the very rear of the property at 49a Hercules Street, Dulwich Hill for $30,500.00; and

2. Delegates to Council’s General Counsel all matters relating to the subdivision of the triangular shaped area of approximately 7.6m2 of vacant land at the very rear of the property from 49a Hercules Street, Dulwich Hill and the purchase of the subdivided portion of approximately 7.6m2 of vacant land.

Motion Carried

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

Against Motion: Nil

Absent: Cr Byrne

C0221(1) Item 23 Stronger Communities Fund - Legal advice

Motion: (Drury/McKenna OAM)

THAT Council receive and note the update.

Motion Carried

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

Against Motion: Nil

Absent: Cr Byrne

Extension of time

Motion: (Macri/Da Cruz)

THAT the meeting be extended until 11.30pm

Motion Carried

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

Against Motion: Nil

Absent: Cr Byrne

C0221(1) Item 16 Notice of Motion: Council tree failures

Motion: (Passas/Macri)

THAT Council:

1. Report back about the number of Council trees failures over 2020, whether damage was caused to property and any other information that can be provided such as how many residents receive compensation;

2. Be informed of what inspections are done on Council trees; and

3. Furnish a full report on a Council tree which has caused damage to a private property in Summer Hill in September 2020.

Motion Lost

For Motion: Crs Macri, Passas, Raciti and Stamolis

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

Absent: Cr Byrne

C0221(1) Item 17 Notice of Motion: Basic Council Services

Motion: (Passas)

THAT the General Manager to set a date for an urgent briefing on Councils basic services (cleaning, mowing, street sweeping, litter, parks etc) in response to the increasing level of complaints from residents and businesses.

The Chair, Deputy Mayor Councillor Macri ruled this motion out of order as a briefing date has already been set.

C0221(1) Item 18 Notice of Motion: Fishing Hazard Assessment

Motion: (Stamolis/Macri)

THAT:

1. Council to conduct an assessment of locations where fishing occurs on the Balmain Peninsula to address physical and health risks to persons and pets from fish hooks and other associated material left in these areas; and

2. A report to be prepared for the April 2021 Council meeting on how best this problem might be resolved.

Motion Carried

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

Against Motion: Crs Drury and Iskandar

Absent: Cr Byrne

C0221(1) Item 19 Notice of Motion: Cohen Park Tennis Courts

Motion: (Macri/McKenna OAM)

THAT Council:

1. Notes that due to the need to safely socially distance children during the COVID-19 crisis, Leichhardt Tennis Academy has requested the temporary use of a second tennis court at Cohen Park for training lessons; and

2. Undertakes at least 2 weeks community consultation with local residents and users of the second court on the proposal from the Leichhardt Tennis Academy to remove the current free community use on the second court between 5.15 and 6.15 for the first and second school terms in 2021.

Motion Carried

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

Against Motion: Nil

Absent: Cr Byrne

Meeting closed at 11.22 pm.

Public Speakers:

Item #

Speaker

Suburb

Item 1:

Tania Taylor

Sue Strudwick

Warren Duncan

Annandale

Item 2:

Natasha Vlahos

Ryan Bondfield

Aydan Casey

Dulwich Hill

Leichhardt

Marrickville

Item 6:

Joseph Grech

Michael Woods

Birchgrove

Leichhardt

Item 7:

Jennifer Heywood

Balmain

Item 18:

Tom Quealy

Annette Hartman

Balmain East

Unconfirmed minutes of the Ordinary Council meeting held on 9 February 2021.

Council Meeting

9 March 2021

Minutes of Extraordinary Council Meeting held remotely and livestreamed on Council’s website on 23 February 2021

Meeting commenced at 6.32pm

Present:
Darcy Byrne Victor Macri Marghanita Da Cruz Mark Drury Lucille McKenna OAM Colin Hesse Sam Iskandar Tom Kiat Pauline Lockie Julie Passas Rochelle Porteous Vittoria Raciti John Stamolis Louise Steer Anna York Brian Barrett Elizabeth Richardson	Mayor Deputy Mayor Councillor Councillor Councillor Councillor Councillor (6:46pm) Councillor (6:37pm) Councillor Councillor Councillor Councillor Councillor Councillor Councillor Acting General Manager Chief Operating Officer, Director Development and Recreation
Cathy Edwards-Davis	Director Infrastructure
Katherine Paixao	Acting Governance Manager

APOLOGIES: Nil

DISCLOSURES OF INTERESTS: Nil

Councillor Kiat entered the meeting at 6:37pm

Procedural Motion: (Passas)

THAT the Mayor voluntarily stand down from Council and this Extraordinary Council meeting until such issues regarding his potential suspension are addressed and the deputy Mayor resume the chair.

The Mayor ruled this motion Out of Order as it breaches the Code of Conduct and is a more serious breach then the charges brought against the Mayor by the Office of Local Government.

The Mayor issued a warning at 6:40pm to Clr Passas for her repeated interjections.

The Mayor issued a second warning at 6:42pm to Clr Passas for her repeated interjections.

Councillor Passas left the Meeting at 6:42 pm.

Councillor Passas returned to the Meeting at 6:46 pm.

Councillor Iskandar entered the Meeting at 6:46 pm.

The Mayor, Councillor Byrne left the meeting and vacated the chair at 7:27pm and the Deputy Mayor, Councillor Macri assumed the chair.

The Mayor, Councillor Byrne returned to the Meeting at 7:44pm. The Deputy Mayor, Councillor Macri vacated the chair and the Mayor, Councillor Byrne assumed the chair.

C0221(2) Item 1 Harmonisation of Rates

Motion: (Byrne/York)

THAT Council:

1. Notes that the Independent Pricing and Regulatory Tribunal (IPART) statutory process for processing an application for a minimum rate requires 28 days public exhibition and 3 weeks community consultation and that the March 1 date for submission of applications is not a statutory requirement;

2. Writes to the Premier, Treasurer, the Minister for Local Government and the Independent Pricing and Regulatory Tribunal (IPART) informing them that Council is not able to implement their directive to implement their new rates system at this time as:

a) The Local Government Amendment (Rating) Bill 2021 has yet to be tabled by the NSW Government or passed by the Parliament and due diligence requires Council be informed of the legislation prior to harmonising rates;

b) The Premier and relevant Ministers have failed to respond to representations from Council regarding the fact that Council was improperly prevented from applying for the NSW Government’s Stronger Communities Fund - Tied Grants program; and

c) Council requires a response and a hearing about what avenues are available for us to access funding for community infrastructure, noting that the $24 million we would have received had the $252 million fund been distributed fairly to amalgamated Councils on a per capita basis, constitutes an enormous budgetary impact.

3. Include in the correspondence to IPART a request for an extension to allow Council to submit the application after the Government’s Bill is tabled in the Parliament, the Council’s community engagement report on rates harmonisation as well as our indicative preference for the minimum rates tabled in point 3 of the Council officers’ recommendation, should the rates harmonisation proceed. Further, that Council request from IPART and the Local Government Minister a specific timeline for when the legislative changes to the rating system will be tabled in the Parliament;

4. Notes that the NSW Government is yet to adopt key recommendations of a 2016 IPART Local Government Rating System report which put forward a detailed review of the local government rating system and how to make the system fairer and more efficient;

5. Responds in writing to everyone who made a submission to Council about to proposed changes to the rating structure, advising them of this resolution;

6. Ensures all future communications to residents about rates harmonisation include reference to Council’s opposition to the NSW Government’s council rate harmonisation process and our campaign to get access to the Stronger Communities fund for community infrastructure; and

7. Receive an update at the March 9 Ordinary meeting on the response from the NSW Government to Council’s correspondence and the status of the Local Government Amendment (Rating) Bill 2021.

Motion Lost

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

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

Foreshadowed Motion (Porteous/Hesse)

THAT Council:

1. Notes the significant community opposition to the proposal for rates “harmonisation";

2. Notes that Community Consultation overwhelmingly rejects the minimum rates tabled in point 3 of the Council officer’s recommendation (Minimum rates $850 residential/$820 business);

3. Recognises that the inherent unfairness of this “rates harmonization” process which results in the benefit of lower rates to some residents being at the cost of higher rates to others;

4. Notes that the only fair way to proceed is to remove winners and losers in this rates recalculation process and retain the existing rate structures of the three councils : Ashfield, Marrickville and Leichhardt Councils;

5. Therefore immediately writes to the NSW Minister for Local Government seeking permanent retention of the pre-amalgamation rating structures for the three councils;

6. Recognises that the “rates harmonisation” is the direct result of the forced amalgamation of the three councils: Ashfield, Marrickville and Leichhardt;

7. Therefore immediately writes to the NSW Minister for Local Government to request that a referendum be authorised at the forthcoming local government elections set for September 2021 to answer the question “do you wish Inner West Council to revert to its previous local government areas of Ashfield, Leichhardt and Marrickville

8. Writes to the Premier, Treasurer, Minister for Local Government and the Independence Pricing and Regulatory Tribunal (IPART) informing them that Council is not able to implement their directive to implement the new rating system due to its inherent unfairness to the citizens and businesses of the Inner West.

Motion Lost

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

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

Foreshadowed Motion (Stamolis)

THAT Council immediately commence demerger discussions with State Government. These discussions will cover the lack of financial benefits and outcomes for our community, reduced service standards from the merger, much worse representation of residents and ongoing financial stress.

This Foreshadowed Motion lapsed for want of Seconder.

Councillor Iskandar retired from the Meeting at 8:25 pm.

Foreshadowed Motion (Macri/Raciti)

THAT Council request a deferral from IPART until mid-March 2021.

Motion Tied

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

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

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

Meeting closed at 8.27 pm.

Unconfirmed minutes of the Extraordinary Council meeting held on 23 February 2021.

Council Meeting

9 March 2021

Minutes of Extraordinary Council Meeting held remotely and livestreamed on Council’s website on 1 March 2021

Meeting commenced at 6.33pm

Present:

Darcy Byrne

Victor Macri

Marghanita Da Cruz Mark Drury

Lucille McKenna OAM

Colin Hesse

Sam Iskandar

Tom Kiat

Pauline Lockie

Julie Passas

Rochelle Porteous

Vittoria Raciti

John Stamolis

Louise Steer

Anna York
Brian Barrett

Mayor

Deputy Mayor

Councillor

Councillor (6.40pm)

Councillor

Acting General Manager

Katherine Paixao

Acting Manager Governance

APOLOGIES: Nil

DISCLOSURES OF INTERESTS: 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.

Councillor Passas entered the Meeting at 6:40 pm.

Procedural Motion: (Drury/Byrne)

THAT the motion be put to a vote.

Motion Carried

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

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

The Mayor issued a warning at 7:11pm to Clr Porteous for her repeated interjections.

C0321(1) Item 1 Harmonisation of Rates.

Motion: (Macri/Drury)

THAT Council:

1. Writes to the Premier, Treasurer, the Minister for Local Government and the Independent Pricing and Regulatory Tribunal (IPART) noting:

a) that we are being forced to harmonise rates and many in our community see this a unfair;

b) harmonisation will lead to a major increase in rates for some residents in our community;

c) if they insist on harmonisation then we must be able to phase the increases over 4 years and observe they not yet legislated to allow us to do this.

2. Include in the letters to IPART the Council’s community engagement report on rates harmonisation as well as our preference for the minimum rates tabled below, should the rates harmonisation have to proceed. Further, that Council request from the Local Government Minister a specific timeline for when the legislative changes to the rating system will be tabled in the Parliament;
Minimum Rates to apply from 1 July 2021 –

• Residential - $850

• Business – General - $820

• Business – Industrial - $820

• Business Shopping Malls - $820

• Business Airport - $820

3. Notes that the NSW Government is yet to adopt key recommendations of a 2016 IPART Local Government Rating System report which put forward a detailed review of the local government rating system and how to make the system fairer and more efficient;

4. Responds in writing to everyone who made a submission to Council about the proposed changes to the rating structure, advising them of this resolution;

5. Ensures all future communications to residents about rates harmonisation include reference to Council’s opposition to the NSW Government’s council rate harmonisation process; and

6. Notes that a failure to set new minimum rates will result in a default minimum rate of $565 which will not equitably distribute the rate burden across the former council areas or require the majority of new ratepayers to contribute adequately to the cost of services made available by Inner West Council.

Motion Carried

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

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

Foreshadowed Motion (Passas)

THAT Council:

1. Acknowledges that the rates harmonisation process is to be implemented before 1 July 2021 in order to comply with the Local Government Act 1993;

2. Receives and notes the Engagement Outcomes Report;

3. Endorses the submission of an application to IPART for approval of the following Minimum Rates to apply from 1 July 2021 –

• Residential - $790

• Business – General - $790

• Business – Industrial - $790

• Business Shopping Malls - $790

• Business Airport - $790

4. Notes that in response to council advocacy, the NSW State Government is introducing a Bill to Parliament that will allow amalgamated Councils to harmonise rates gradually over four years; and

5. Receives a report on options to phase in harmonisation as part of the annual budget preparation process.

This Foreshadowed motion lapsed for want of seconder.

Foreshadowed Motion (Hesse/Steer)

THAT Council:

1. Conducts a poll (Division1, 14 of the NSW Local Government Act) of all voting residents at the local government election in September that asks residents whether they wish to revert to the previous local government areas of Ashfield, Leichhardt and Marrickville; and

2. Writes to the Minister for Local Government advising her that Inner West Council will be conducting a poll on the future of the amalgamated Inner West Council, and requesting her to freeze the rates harmonisation process until the results of the referendum are received.

This Foreshadowed motion lapsed.

Amendment (Byrne)

THAT Council incorporate the following wording into the foreshadowed motion. ‘That Council notes that a failure to set new minimum rates will result in a default minimum rate of $565 which will not equitably distribute the rate burden across the former council areas or require the majority of new ratepayers to contribute adequately to the cost of services made available by Inner West Council.’

This amendment did not get voted on as the Primary Motion was carried.

Meeting closed at 7.13pm.

Public Speakers:

Item #

Speaker

Suburb

Item 1:

Steven Dimitropoulos

Silvia Levame

Rozelle

Enmore

Unconfirmed minutes of the Extraordinary Council meeting held on 1 March 2021.

Council Meeting

9 March 2021

CAR SHARE POLICY

DOCUMENT PROFILE

Title	Car Share Policy
Summary	This Policy provides a framework for the application, installation and management of designated car share spaces in public streets and car parks owned and/or managed by council.
Background	Car sharing is well established and growing in the Inner West. Car sharing decreases the need for some people to own a car and therefore reduces parking demand and traffic generation.
Policy Type	Council
Relevant Strategic Plan Objective	Strategic Direction 2: Unique, liveable, networked neighbourhoods
Relevant Council References	This Policy supersedes the following: · Ashfield Council: Supporting Car Share Parking December 2015 · Leichhardt Council: Car Share Policy 2008 · Marrickville Council: Marrickville Car Share Policy May 2014
Main Legislative or Regulatory Reference	NSW Road Rules
Applicable Delegation of Authority	As per delegations register
Other External References	Guidelines for On-Street Fixed Space Car Share Parking, NSW Government Technical Direction, TTD 2018/001 – 26 October 2018
Attachments	Nil
Record Notes	External available document
Version Control	See last page

Document:	Council Policy	Uncontrolled Copy When Printed
Custodian:	Traffic and Transport Planning Manager	Version #	Version 1
Approved By:	Director Infrastructure	ECM Document #	34518238
Adopted By:	Council	Publish Location	Internet
Adopted Date and Minute #:		Next Review Date	2026

1. INTRODUCTION  

Car sharing allows people to use a car for short periods of times and only pay for their use. It is a membership-based service available to all qualified drivers in the community and it can be a convenient and cheaper way to drive only when needed.  Car share vehicles are located throughout the Inner West and more residents and businesses each year are becoming members of car share schemes.  

The Car Share Policy aims to achieve consistency and clarity in the application, installation and management of designated car share spaces in the following locations:

· Public streets owned and/or managed by Inner West Council, and  

· Car parks owned and/or managed by Inner West Council.   

The policy is based on the NSW Government Guidelines for On-street Fixed Space Car Share Parking (TTD 2018/001 dated 26 October 2018) which outlines the use of signage for fixed street parking designated for use by car share vehicles.

2. OBJECTIVES 

Going Places: An Integrated Transport Strategy for Inner West outlines Inner West Council’s support for car share as a means to reduce car parking demand and improve sustainability. Users of car share schemes in the Inner West report reduced car ownership and greater use of other transport options including public transport, walking and cycling and the (draft) Car Share Policy aims to support these outcomes.

The objectives of this policy are to: 

a. Support Going Places: An Integrated Transport Strategy for Inner West 

b. Provide additional a transport option to reduce vehicle congestion and greenhouse gas emissions

c. Reduce the demand for on-street car parking

d. Encourage more active lifestyles by reducing dependency on private cars

e. Provide assessment considerations and the rationale for fees and charges for on-street parking bays/spaces for car share vehicles

3. SCOPE 

This policy applies only to streets and car parks which are owned and/or managed by Inner West Council.  

The policy does not apply to agreements between car share operators and another party for parking vehicles on private property, whether existing or proposed by development. For car share parking to be provided with new development, please refer to the relevant Local Environmental Plan (LEP) and Development Control Plan (DCP).

The policy applies only to car share schemes which provide access to vehicles for members of the scheme. It does not apply to ‘peer-to-peer' car rental services where an individual provides public access to their own privately registered vehicle for a fee. 

The policy does not apply to schemes offering services to non-member customers such as car hire/rental companies. 

Provided it meets the specifications in this policy, any car share scheme operator can make applications for dedicated on-street parking bays/spaces.

4. ELIGIBILITY TO OPERATE A CAR SHARE SCHEME IN THE INNER WEST LGA   

Designated car share parking bays/spaces will only be allocated to operators that satisfy the following: 

1. Have a network of cars in place, planned or emerging throughout the Inner West Local Government Area to provide equitable and competitive access and minimise geographical concentrations of car share accessibility.  

2. Any person with a valid driving licence, provisional or above, is eligible for membership of the car share scheme subject to relevant financial and driving checks. 

3. Both phone-based and internet booking facilities are provided with availability 24 hours per day and 7 days per week and which allows immediate booking of cars to support spontaneous trips.  

4. With continuous bookings of any car by one member for a period of 4 days or longer, a replacement car is to be provided in the parking bay/space. 

5. Prohibit the exclusive and routine use of any car by any one member for bookings of long durations including overnight bookings.  

5. OBLIGATIONS OF CAR SHARE OPERATORS  

Operators of a car share scheme must meet the following obligations:  

1. Must not use any passenger vehicle which emits more than 175g/km of CO². In the case of other vehicle types such as vans or utilities, an operator must demonstrate that the vehicle is a high environmental performer for its class.  

2. All passenger vehicles are to have a minimum 4-star ANCAP safety rating.  

3. The exterior of vehicles must clearly identify the company name. 

4. Operators are to provide telephone and email contact details which are staffed 24 hours per day 7 days per week. 

5. A vehicle is to be installed and available in the bay/space within three days after the installation of signage.   

6. Car share operators are to provide a monthly vehicle usage and membership report for all vehicles in the Local Government Area including at least the following:  

a. The total quantity of vehicles.  

b. The total quantity of vehicles allocated with designated street parking space.  

c. The total quantity of vehicles using non-allocated street parking space.  

d. The total number of members showing the total number of residential members and business members. 

7. The monthly report is to include at least the following per vehicle: 

a. Location description and spatial location.

b. Total number of bookings 

c. Total number of hours booked.

d. Average number of bookings per day. 

e. Average and median trip distance.

f. The proportion of bookings on weekdays and weekends. 

8. All vehicles available for booking in the Local Government Area are to be included in the data required by points 5.6 and 5.7 above including vehicles using non-allocated street parking space.  

9. Independent auditing of the data submitted will be carried out if considered necessary.     

10. When considered reasonably necessary to ensure its ability to meet its obligations to members and council, the financial soundness of a car share operator is to be demonstrated on request.  

11. Operators will be required to enter into a licence agreement with council in accordance this policy.

6. APPLICATION AND INSTALLATION  

1. Council will authorise the exclusive use of an approved dedicated parking bay/space by the operator 

2. The following hierarchy of preferred locations for designated car share spaces will be considered when assessing suitability of locations: 

a. Within immediate proximity to public transport services such as a rail/metro station/stop. 

b. Adjacent to public land such as a park.  

c. Adjacent to a public facility such as a leisure centre or library.

e. Within high/medium density residential areas.

f. In or immediately adjacent to retail / commercial streets. 

f. Adjacent to the side boundary of single dwellings. 

g. Other locations.   

3. Car share parking spaces located in front of single dwellings will be given low priority and avoided in most circumstances.

4. Consultation will be carried out with residents and businesses in the immediate vicinity of a proposed on-street parking space. 

5. Parking spaces are to be endorsed by the Local Traffic Committee.  

6. Inner West Council reserves the right to reject, or determine by refusal, any application for a car share parking space. 

7. A maximum of three applications from a car share operator will be accepted at any one time. Additional applications will not be accepted until prior applications are determined and vehicles installed.

8. Costs associated with the installation, removal, maintenance and administration of dedicated car share bays/spaces including non-statutory features such as painted road markings will be met by the relevant car share company in accordance with the Schedule of Fees and Charges. 

7. MANAGEMENT OF ESTABLISHED PARKING BAYS/SPACES 

1. Parking bays/spaces designated for use by car share vehicles can be removed at any time. Notification of at least one month will be provided.         

2. In the event of non-compliance with the policy or licence agreement council may revoke, suspend or remove parking bays/spaces designated to an operator and reject further applications.

3. Parking bays/spaces are not to be transferred between operators. If ownership of a car share company changes council may, if considered reasonably necessary, revoke or re-allocate any or all of the parking bays/spaces approved for use by the subject operator.  

4. To facilitate competition of operators functioning in the Local Government Area, Inner West Council may, at its discretion, invite applications for use or re-allocation of any, some or all car share parking bays/spaces, either established or proposed.  

5. A clearly marked car share vehicle, operated by a car share scheme authorised by Council, will be entitled to the same parking exemption in a permit parking zone as provided to the holder of a resident parking permit.     

8. FEES 

Fees are set annually in the Schedule of Fees and Charges.  

Fees are to be set only for the recovery of costs associated with the installation, administration, maintenance and removal of parking spaces    

The following factors will be considered in determining the applicable fees and charges, following factors:

a. The infrastructure costs of installing new car share bays/spaces

b. Administration costs including installation and ongoing management

c. Staff time dedicated to the expansion of the car share network

Reduced application fees may be set to facilitate new car share operators and support a diversity of car share companies operating in the Local Government Area 

Version Control - POLICY HISTORY:

Governance Use only - The history of modifications and approval to the Policy must be detailed in the table below post adoption

Governance Use only:

Version	Amended By	Changes Made	Date	ECM #
1	Traffic and Transport Planning Manager	Policy placed on public exhibition	April 2021

Council Meeting

9 March 2021

Item No: C0321(2) Item 3

Subject: Balmain Leagues Voluntary Planning Agreement Engagement Outcomes Report

Prepared By: Bojan Sodic - Strategic Investments Manager

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

RECOMMENDATION

THAT Council enter into the Voluntary Planning Agreement for Balmain Leagues Site 138-152 Victoria Road, Rozelle, as provided in Attachment 1 to this report.

Background

On 9 September 2020, Council staff issued formal correspondence to the Sydney Eastern City Planning Panel (SECPP) requesting the panel defer consideration of the Balmain Leagues Club DA pending more detailed traffic studies as resolved at the Council meeting on 8 September 2020.

The SECPP considered the DA on the 10 September 2020 and issued a deferred commencement consent subject to conditions. The deferred commencement conditions addressed numerous items including the status of the existing voluntary planning agreement (VPA) dated 26 June 2008 and the draft VPA dated 31 March 2020 currently being considered by Council.

The following has been approved:

“Development Application - Mixed use development on the abovementioned properties generally known as the "Balmain Leagues Club" site, comprising: Demolition of existing buildings; bulk excavation and remediation of the site; 2 basement levels comprising a total of 275 spaces with Basement 1 accessible via Victoria Road and Basement 2 accessible via Waterloo Street; 3 public laneway connections to Victoria Road, Waterloo Street and Darling Street; public town square towards centre of development; three buildings along Victoria Road between 11-12 storeys in height with residential accommodation to the upper levels and retail, commercial, food & beverage, a supermarket and Balmain Leagues Club to the lower levels; reinstate existing facade to 697 Darling Street with specialty retail behind; and two-3 storey built forms on Waterloo Street accommodating additional food & beverage and retail, live/work spaces and affordable housing. Residential accommodation for 173 units.”

At its meeting of the 27^th October 2020, Council resolved:

THAT the proposed Voluntary Planning Agreement for Balmain Leagues Site 138-152 Victoria Road, Rozelle be placed on public exhibition for a minimum of 28 days and be reported back to Council after public exhibition.

The Voluntary Agreement

The below table summarises the amended/current VPA offer and compares this to the 2008 VPA. It also categorised the VPA items into public benefit, momentary contributions and local infrastructure items:

VPA Item	2008 VPA	Current Offer	Comment
Public Benefit Items
25 Year lease of 200sq.m Level 1 Commercial Space	Not Provided	$3,725,000	The space will be leased to Council for $1/year for 25 years and will have an area of 200 sqm GFA with a minimum floor to ceiling height of 2.7m. The Lease is to be a Gross lease - the Developer will also make contribution of a maximum of $100,000 for fit out of this space.
Town Square	Not Provided	$1,536,000	The space to be made available for Council to hold events in the Town Square (at Council discretion)
Public Parking	Not Provided	$750,000	The space will be leased to Council for $1/year for 25 years for the 130 publicly accessible car parking. The Lease is to be a Gross lease inclusive of outgoings but excluding utilities charges.
Sub Total of Public Benefit Contributions	Nil	$6,011,000
Monetary Contributions
Monetary contribution for community grants	$600,000	$300,000	Cash Contribution of $300,000 to Council
Monetary contribution for affordable housing fund	Not Provided	$1,000,000	Cash Contribution of $1,000,000 to Council
Monetary Contribution in Lieu of S94 payments	$4,420,000	$4,000,000	The developer will provide a monetary contribution of $4,000,000 in lieu of any s94 Contribution to Council - these funds will be spent in the local area – The potential s94 payments for the development would have been around $3.4-3.8 million
Income from Public Parking	Not Provided	$2,544,675	The space will be leased to Council for $1/year for 25 years for the 130 publicly accessible car parking – Council would receive all the income – this isn’t including a parking fee Council might receive during the lease term
Sub Total of Monetary Contributions	$5,020,000	$7,844,675
Local Infrastructure Items
Footpaths to Victoria St and Waterloo St	$300,000	$450,000	Dedication for additional footpath widening to Victoria Road & Waterloo Street frontages (in stratum)
Pedestrian Link from Darling Street - Heritage Lane	$410,000	$410,000	Construction of a pedestrian link (ie the proposed retail arcade) from the proposed development to the Darling Street shop frontage as shown on the DDCP
Darling Lane	Not Provided	$470,000	The space would be made available to Council via a right of way easement, in order to provide access for Darling Street properties and to pedestrianise the through site link.
Tigers Lane	Not Provided	$510,000	The space to be made available for Council to hold events in the Town Square. This would provide the general public access and enjoyment, as well as for council to hold community events and for community groups to utilise.
Bicycle Parking for shoppers, employees and residents – also Community car share scheme with a minimum of 2 car share spaces - Provide a designated area, in an easily accessible place within the development, for taxis to pick up and drop off.	$580,000	$580,000	Provide associated items
Construction of a pedestrian bridge across Victoria Road as shown in the Draft Development Control Plan (DDCP)	$3,280,000	Not Provided	This bridge will not be approved and therefore cannot be provided in the current VPA
Sub Total Local Infrastructure Items	$4,570,000	$2,420,000
TOTAL VPA CONTRIBUTIONS	$9,590,000	$16,275,675

Engagement Methods

The Voluntary Planning Agreement was publicly exhibited for 28 days from 1^st February 2021 to 28^th February 2021. This public exhibition was undertaken by Council in accordance with Council resolution.

The engagement was undertaken online via Your Say Inner West and promoted through Council’s website and social media

A total of 7 submissions were received on Council’s YSIW. Out of the total submissions regarding the voluntary planning agreement, 3 were not in support, 4 submissions were in support of the Voluntary Planning Agreement.

Engagement outcomes

Individual Survey Responses

A total of 7 survey responses were received and a total of 3 submissions opposed to the VPA.

The following section summarises the individual survey responses received.

1. The VPA shouldn’t affected the planning approval

“I am commenting on Council's use of VPAs which just act to subvert the planning laws. A development proposal either has planning merit, or it does not. If it does not then that must be because it is not in the interests of rate payers. Council should come up with other ways to generate income than trading away the interests of rate payers”

The VPA process was totally separate from the Planning process and it did not affect any approval of the development

2. The Town Square is not supported

Council sees the Town Square as a key piece of land which it can use for community events in the future which will promote the area and is consistent with Council’s adopted DCP.

3. The site will be acquired for a dive site as this will make the VPA not valid

The VPA will be valid until the site is redeveloped.

ATTACHMENTS

1.⇩

Balmain Leagues VPA

Council Meeting

9 March 2021

Minutes of Local Traffic Committee Meeting

Held electronically in February 2021

ACKNOWLEDGEMENT OF COUNTRY BY CHAIRPERSON

I acknowledge the Gadigal and Wangal people of the Eora nation on whose country we are meeting today, and their elders past and present.

COMMITTEE REPRESENTATIVES PRESENT

Clr Victor Macri	Councillor – Midjuburi-Marrickville Ward (Chair)
SC Tony Kenny	NSW Police - Inner West Police Area Command
Tanmila Samin Islam	Transport for NSW (TfNSW)

NON VOTING MEMBERS IN ATTENDANCE

Colin Jones	Inner West Bicycle Coalition (IWBC)
Clr Marghanita da Cruz	Councillor – Gulgadya-Leichhardt Ward (Alternative Chair)
Manod Wickramasinghe	IWC’s Traffic and Transport Planning Manager
Joe di Cesare	IWC’s Design Services Coordinator
Christina Ip	IWC’s Business Administration Officer

VISITORS

Nil.

APOLOGIES:

Nil.

DISCLOSURES OF INTERESTS:

Nil.

CONFIRMATION OF MINUTES

The minutes of the Local Traffic Committee Meeting held in December 2020 were confirmed.

MATTERS ARISING FROM COUNCIL’S RESOLUTION OF MINUTES

The Local Traffic Committee recommendations of its meeting held in December 2020 were adopted at Council’s meeting held on 9 February 2021 with the following amendment:

· Deferring Item 4 Minor Traffic Facilities to obtain consent from the neighbouring property.

EMAIL CONFIRMATION OF OFFICER’S RECOMMENDATION

The representative for NSW Police – Inner West supported the Officer’s recommendations for the items in their PAC.

LTC0221 Item 1 182-198 Victoria Road and 28-30 Faversham Street, Marrickville – DA 201900096 – Consent Conditions 30 and 31 – Signs and Line Markings Plan (Midjuburi - Marrickville Ward / Summer Hill Electorate / Inner West PAC)

SUMMARY

Detailed line marking and signage plans and results of public consultation have been submitted by TOGA Wicks Park Development as part of development consent conditions for DA201900096 for the proposed mixed-use development at 182-198 Victoria Road and 28-30 Faversham Street, Marrickville. The proposal involves changes to on-street parking restrictions and the installation of new regulatory signage. It is recommended that the submitted plans be supported in principle subject to a TMP being submitted by the applicant to TfNSW for approval.

Officer’s Recommendation

THAT:

1. The detailed plan of the ‘No Stopping’ restrictions corner of Faversham Street at Sydenham Road and at Hans Place at Fitzroy Street, Marrickville (as per the attached Plan B – N156271-06-02) be approved;

2. The detailed plan of the ‘No Stopping’ restrictions on the western side of Victoria Road, Marrickville south of Mitchell Street and time limited ‘No Right Turn’ restriction for northbound traffic into the new private road of the proposed development on the eastern side of Victoria Road opposite Mitchell Street (as per the attached signage and line marking plan (Plan C – N156271-08-01) be supported subject to a TMP being forwarded for the right turn restrictions and approved by TfNSW; and

3. The costs of the supply and installation of the associated parking signage are to be borne by the applicant in accordance with Council’s Fees and Charges.

DISCUSSION

The TfNSW representative advised that a TMP approval for the right turn restriction into the proposed development is not required as the restriction does not apply to a road related area. The recommendation was amended to reflect this.

COMMITTEE RECOMMENDATION

THAT:

1. The detailed plan of the ‘No Stopping’ restrictions corner of Faversham Street at Sydenham Road and at Hans Place at Fitzroy Street, Marrickville (as per the attached Plan B – N156271-06-02) be approved;

3. The costs of the supply and installation of the associated parking signage are to be borne by the applicant in accordance with Council’s Fees and Charges.

For motion: Unanimous

LTC0221 Item 2 Marrickville Road, Marrickville – Reinstatement of Part Time Limited ½ Hour Parking Within Bus Zone Outside 145-147 Marrickville Road (Midjuburi - Marrickville Ward / Summer Hill Electorate / Inner West PAC)

SUMMARY

TfNSW has provided in-principle support to the reinstatement of an 8 metre length of part time limited ½ hour parking restrictions between 10am – 3pm Monday-Friday within of the existing ‘Bus Zone’ on the northern side of Marrickville Road, Marrickville outside No.145-147 to allow for deliveries to local businesses during weekdays.

Officer’s Recommendation

THAT an 8 metre length of limited ½ hour parking restrictions be reinstated within the western end of the existing bus zone (‘Bus Zone 6am – 10am & 3pm – 7pm Mon - Fri; 1/2P 10am – 3pm Mon – Fri’) on the northern side of Marrickville Road, Marrickville outside No.145-147 be approved to allow for deliveries to local businesses during weekdays.

DISCUSSION

The TfNSW representative recommended that the restrictions, including parking and bus zone, be applied on all days of the week. The recommendation was amended to reflect this.

COMMITTEE RECOMMENDATION

THAT an 8 metre length of limited ½ hour parking restrictions be reinstated within the western end of the existing bus zone (‘Bus Zone 6am – 10am & 3pm – 7pm; 1/2P 10am – 3pm’) on the northern side of Marrickville Road, Marrickville outside No.145-147 be approved to allow for deliveries to local businesses.

For motion: Unanimous

LTC0221 Item 3 Way Street, St Peters – Request for 'No Parking' Restrictions (Midjuburi – Marrickville Ward / Heffron Electorate / Inner West PAC)

SUMMARY

Council has received representations from Sydenham Maintenance Centre (XPT Maintenance for Sydney Trains) requesting the installation of ‘No Parking’ restrictions in Way Street, Tempe west of Toyer Street on the southern side approach to the rail overbridge to their Centre. They raised concerns that when cars are parked on both sides of Way Street at the overbridge approach it is very difficult for trucks to enter their facility. An investigation revealed that current parking signage is not in accordance with Council records after recent redevelopment of the adjacent property No.22 Way Street and that if signage is relocated correctly and inclusive of statutory requirements the requested ‘No Parking’ restrictions would be unnecessary.

Officer’s Recommendation

THAT:

1. The request for ‘No Parking’ restrictions on the south side of Way Street, between Toyer Street and the rail overbridge not be acceded to;

2. The ‘No Parking 8:30am-4pm Mon-Fri’ restrictions sign on the north side of Way Street, Tempe outside No22D Way Street be relocated a further 6 metres east (to the driveway of No.22C Way Street);

3. A ‘No Stopping’ zone on the north side of Way Street 10 metres east of Hillcrest Lane be approved (in accordance with the Road Rules):

4. A statutory 10m ‘No Stopping’ zone be signposted on the northern side of Way Street west of Hillcrest Lane (to the bridge approach) be approved; and

5. Council Parking Officers be notified of these changes.

DISCUSSION

The Committee members agreed with the Officer’s recommendation.

COMMITTEE RECOMMENDATION

THAT:

1. The request for ‘No Parking’ restrictions on the south side of Way Street, between Toyer Street and the rail overbridge not be acceded to;

2. The ‘No Parking 8:30am-4pm Mon-Fri’ restrictions sign on the north side of Way Street, Tempe outside No22D Way Street be relocated a further 6 metres east (to the driveway of No.22C Way Street);

3. A ‘No Stopping’ zone on the north side of Way Street 10 metres east of Hillcrest Lane be approved (in accordance with the Road Rules):

4. A statutory 10m ‘No Stopping’ zone be signposted on the northern side of Way Street west of Hillcrest Lane (to the bridge approach) be approved; and

5. Council Parking Officers be notified of these changes.

For motion: Unanimous

LTC0221 Item 4 Step 1 Public Domain Works. 3-7 & 13-17 Regent Street, RSL Relocation 287-309 Trafalgar Street& 16-20 Fisher Street, Petersham-DA201800173 (Stanmore Ward-Damun/Newton Electorate/Inner West PAC)

SUMMARY

Development is currently being undertaken or will be undertaken under approved DA 201800173 on a comprised 3 site development namely 3-7 Regent Street, 13-17 Regent Street, and 287-309 Trafalgar Street, & 16-20 Fisher Street, Petersham.

The Petersham RSL is being relocated from 3-7 Regent Street to 287-309 Trafalgar Street & 16-20 Fisher Street.

This report deals and details proposed on road tree planter boxing, traffic/parking control measures and kerb-extension in Regent Street as part of Step 1 of the Public Domain Works, as required to be carried out under condition of Development Consent.

Committee approval is sought on the Public Domain Works in Regent Street, Petersham, as shown on plan Attachments 2 (SK101 version F) and plan Attachment 3 (SK102 version B).

Officer’s Recommendation

THAT:

1. The detailed proposed on road tree planter boxing, traffic/parking control measures and kerb extension in Regent Street, Petersham for the Public Domain works for DA 201800173, as shown on the plans attached SK101 version F and SK102 version B, be APPROVED; and

2. Bay lines be further added to plan SK101 version F in the control of parking between the on-road planter boxes.

DISCUSSION

The Committee members agreed with the Officer’s recommendation.

COMMITTEE RECOMMENDATION

THAT:

2. Bay lines be further added to plan SK101 version F in the control of parking between the on-road planter boxes.

For motion: Unanimous

LTC0221 Item 5 James Lane, Balmain East - Proposed Truck Ban (Baludarri-Balmain Ward/Balmain Electorate/Leichhardt PAC)

SUMMARY

Council has received concerns from residents regarding heavy vehicles using James Lane (north of Darling Street) and subsequently causing property damage in James Lane, Balmain East.

Officer’s Recommendation

THAT the proposed truck ban in James Lane, Balmain East be approved.

DISCUSSION

TfNSW sought confirmation regarding the type of damage experienced in James Lane. Council Officers stated that damage was to property and road due to heavy vehicles. TfNSW confirmed that a TMP is not required in this instance, as per the Guide to Delegation to Councils.

The Committee members agreed with the Officer’s recommendation.

COMMITTEE RECOMMENDATION

THAT the proposed truck ban in James Lane, Balmain East be approved.

For motion: Unanimous

LTC0221 Item 6 Cahill Street, Annandale - Proposed 'No Parking' restrictions (Gulgadya-Leichhardt Ward/Balmain Electorate/Leichhardt PAC)

SUMMARY

Council has received concerns from a business on Cahill Street, Annandale regarding vehicles parking on the southern side of Cahill Street and subsequently obstructing driveway access for properties 16-18 Cahill Street, Annandale.

Officer’s Recommendation

THAT:

1. A 28.8m ‘No Parking’ zone be installed on the southern side of Cahill Street, Annandale extending west from the dead-end;

2. A 36.8m ‘No Parking’ zone be installed on the northern side of Cahill Street, Annandale extending west from the dead-end; and

3. A 9m ‘No Parking’ zone be installed across the dead-end of Cahill Street, Annandale.

DISCUSSION

Clr Macri asked for clarity regarding community consultation on this proposal. Council Officers advised that following initial discussions with resident/businesses regarding formalising ‘No Parking’ restrictions in Cahill Street, Annandale, Council received a petition from 7 properties (14 signatures) outlining where ‘No Parking’ restrictions were required in the street. This feedback was incorporated into the consulted proposal. One response was received from the head petitioner, in support of the proposal.

The Committee members agreed with the Officer’s recommendation.

COMMITTEE RECOMMENDATION

THAT:

1. A 28.8m ‘No Parking’ zone be installed on the southern side of Cahill Street, Annandale extending west from the dead-end;

2. A 36.8m ‘No Parking’ zone be installed on the northern side of Cahill Street, Annandale extending west from the dead-end; and

3. A 9m ‘No Parking’ zone be installed across the dead-end of Cahill Street, Annandale.

For motion: Unanimous

LTC0221 Item 7 Minor Traffic Facilities (Stanmore-Damun Ward/Inner West PAC)

SUMMARY

This report considers minor traffic facility applications received by Inner West.

Officer’s Recommendation

That the ‘Disabled Parking’ zone be removed in front of No.11 Bruce Street on the eastern side of Bruce Street, Stanmore.

DISCUSSION

The Committee members agreed with the Officer’s recommendation.

COMMITTEE RECOMMENDATION

That the ‘Disabled Parking’ zone be removed in front of No.11 Bruce Street on the eastern side of Bruce Street, Stanmore.

For motion: Unanimous

LTC0221 Item 8 Local Traffic Committee Schedule for 2021 - Revised

SUMMARY

The proposed revised schedule of the Local Traffic Committee meetings has been prepared for the 2021 calendar year. It is recommended that the proposed meeting schedule be received and noted.

Officer’s Recommendation

THAT the proposed revised schedule of meetings of the Local Traffic Committee for the 2021 calendar year be received and noted.

DISCUSSION

The Committee members agreed with the Officer’s recommendation.

COMMITTEE RECOMMENDATION

THAT the proposed revised schedule of meetings of the Local Traffic Committee for the 2021 calendar year be received and noted.

For motion: Unanimous

LTC0221 Item 9 Unnamed Lane (rear of 168 Norton Street) between Carlisle Street and Macauley Street, Leichhardt - Road Occupancy (Gulgadga - Leichhardt/ Balmain Electorate/ Leichhardt PAC)

SUMMARY

Council has received an application from Growth Built Pty Ltd for approval of a temporary full road closure of the Unnamed Lane (rear of 168 Norton Street), between Carlisle Street and Macauley Street, Leichhardt from 01 May 2021 to 19 May 2021, between 7:00am-5:00pm Monday to Friday and 8:00am-1:00pm Saturday (with a contingency period of two weeks) for public domain works at 168 Norton Street, Leichhardt.

Officer’s Recommendation

THAT the proposed temporary full road closure of Unnamed Lane, between Carlisle Street and Macauley Street, Leichhardt from 01 May 2021 to 19 May 2021, between 7:00am-5:00pm Monday to Friday and 8:00am-1:00pm Saturday (with a contingency period of two weeks) be approved for public domain works at 168 Norton Street, Leichhardt subject to, but not limited to, the following conditions:

1. A Traffic Management Plan (TMP) for the attached Traffic Control Plan (TCP) be submitted to TfNSW prior to the start of works;

2. A Road Occupancy License be obtained by the applicant from the Transport Management Centre;

3. All affected residents and businesses, including the WestConnex, NSW Police Area Command, Fire & Rescue NSW and the NSW Ambulance Services be notified in writing, by the applicant, of the proposed temporary full road closure at least 7 days in advance of the closure with the applicant making reasonable provision for stakeholders; and

4. The occupation of the road carriageway must not occur until the road has been physically closed.

DISCUSSION

The Committee members agreed with the Officer’s recommendation.

COMMITTEE RECOMMENDATION

THAT the proposed temporary full road closure of Unnamed Lane, between Carlisle Street and Macauley Street, Leichhardt from 01 May 2021 to 19 May 2021, between 7:00am-5:00pm Monday to Friday and 8:00am-1:00pm Saturday (with a contingency period of two weeks) be approved for public domain works at 168 Norton Street, Leichhardt subject to, but not limited to, the following conditions:

1. A Traffic Management Plan (TMP) for the attached Traffic Control Plan (TCP) be submitted to TfNSW prior to the start of works;

2. A Road Occupancy License be obtained by the applicant from the Transport Management Centre;

4. The occupation of the road carriageway must not occur until the road has been physically closed.

For motion: Unanimous

LTC0221 Item 10 Proposed Garden Beds and Speed Humps - Catherine Street, Leichhardt (Gulgadya-Leichhardt Ward/ Balmain Electorate/ Leichhardt PAC)

SUMMARY

Council has finalised a design plan for the proposed replacement of two (2) garden beds and three (3) speed humps on Catherine Street, Leichhardt.

Officer’s Recommendation

THAT the detailed design plan (Design Plan No.1004) for the proposed installation of garden beds and speed humps on Catherine Street, Leichhardt be approved.

DISCUSSION

The IWBC representative commented on the placement of the speed humps at the centre of the travel lane, stating that a bypass around the speed humps would create a smooth transition for cyclists. The representative stated that a Watts profile speed hump would also create a smoother transition for cyclists. The representative also requested ‘Watch for Cyclists’ or BMUFL signs and a 40km/h speed limit in Catherine Street.

Council Officers advised that the preference in recent years is to install speed cushions centrally within the travel lanes to limit noise for adjacent residents when vehicles pass over, particularly trucks and buses. Speed cushions are constructed exactly in the centre of the travel lanes to prevent vehicles avoiding the devices entirely. Council Officers also advised that Council is pursuing 40km/h speed limits on local roads such as Catherine Street as per Council’s Integrated Transport Strategy.

The Committee members agreed with the Officer’s recommendation.

COMMITTEE RECOMMENDATION

THAT the detailed design plan (Design Plan No.1004) for the proposed installation of garden beds and speed humps on Catherine Street, Leichhardt be approved.

For motion: Unanimous

LTC0221 Item 11 Darling Street between Mort Street and Curtis Road, Balmain - Road occupancy - ANZAC Day Dawn Service (Baludarri - Balmain Ward/ Balmain Electorate/ Leichhardt PAC)

SUMMARY

In preparation to mark the ANZAC Day Dawn Service 2021 on Sunday, 25 April 2021, Inner West Council is organising the ANZAC Day dawn Service at the Loyalty Square War Memorial, Balmain. To facilitate the event, it is proposed to close Darling Street between Mort Street and Curtis Road between 2:30am and 9:30am.

Officer’s Recommendation

THAT the temporary road closure of Darling Street (Mort Street to Curtis Road), Balmain on Sunday, 25 April 2021 between 2.30am – 9.30am be supported, subject to the following conditions:

1. Latest government and health advice on Covid-19 is followed at the time of the event including gatherings and/or social distancing restrictions;

2. All affected residents and businesses, including the NSW Police Local Area Commander, Fire & Rescue NSW and NSW Ambulance Services be notified in writing, by the applicant, of the proposed temporary road closure at least 14 days in advance of the closure with the applicant making reasonable provision for stakeholders;

3. That an unencumbered passage minimum 3.0m wide be available for emergency vehicles through the closed section of Darling Street, Balmain; and

4. The occupation of the road carriageway must not occur until the road has been physically closed; and

DISCUSSION

It was noted that this is a Class 2 Event.

The TfNSW representative requested that the TMP, Public Liability Insurance and Risk Assessment be provided to TfNSW for approval.

The Committee members agreed with the Officer’s recommendation.

COMMITTEE RECOMMENDATION

THAT the temporary road closure of Darling Street (Mort Street to Curtis Road), Balmain on Sunday, 25 April 2021 between 2.30am – 9.30am be supported, subject to the following conditions:

1. Latest government and health advice on Covid-19 is followed at the time of the event including gatherings and/or social distancing restrictions;

3. That an unencumbered passage minimum 3.0m wide be available for emergency vehicles through the closed section of Darling Street, Balmain; and

4. The occupation of the road carriageway must not occur until the road has been physically closed.

For motion: Unanimous

General Business

LTC0221 Item 12 One way proposal for Warren Road, Marrickville

Clr Macri communicated the frustration of the Warren Road residents at the delay in progressing the proposed one way movement in the street. Council Officers will follow up on this matter with the TfNSW ‘Developer Works’ team.

LTC0221 Item 13 Timed parking proposal for Princes Highway

Clr Macri sought clarity on the timing of community consultation regarding the timed parking proposal for Princes Highway. The TfNSW representative stated that they are aiming to have consultation letters issued at the end of March 2021.

LTC0221 Item 14 ‘No Left Turn’ into Victoria Road from Moodie Street, Rozelle

A request was received to retain the ‘No Left Turn’ restriction into Victoria Road from Moodie Street, Rozelle after the WestConnex stormwater upgrade works are completed. Residents of Moodie Street wish to maintain the benefits brought by the temporary left turn ban which occurred during the stormwater upgrade works, including reduced traffic in the street and improved road safety. Council officers have advised the following:

· The current road closure of Moodie Street is in place temporarily to facilitate work associated with WestConnex and is one of many temporary traffic disruptions being progressively experienced by the local community as these and other State Government works progress.

· Moodie Street is a local collector street which provides an important traffic function for the precinct and as such, consideration of permanent changes to the road environment would be subject to investigation in a Local Area Traffic Management (LATM) Study.

· LATM studies consider traffic volumes, speeds, accessibility needs and accidents in streets within a precinct. This done as traffic devices are not normally installed in isolation but rather installed as part of area wide scheme, as one treatment on one street would result in traffic diverted to other areas. Council has an active schedule of Local Area Traffic Management (LATM) studies and undertakes studies based on priority and funding allocation.

· It is also expected that traffic patterns in the vicinity of Victoria Road will change substantially once the toll-free Iron Cove Link is finalised and as motorists adapt to this new route which bypasses Victoria Road. Due to these changing patterns of traffic and the current important traffic function of Moodie Street, it is premature to consider permanent changes to the local road network.

· Council officers will continue to monitor traffic conditions in the area as works progress.

LTC0221 Item 15 Motorbike parking in Lennox Street, Newtown

A resident has requested up to one car space between 38-84 Lennox Street, Newtown be converted to motorbike parking, preferably for M3 permit holders. The resident stated that dedicated motorbike parking in the street would allow for the available parking space to be used more efficiently, improve road safety and encourage the use of more sustainable transport. Council officers will review this request.

LTC0221 Item 16 Lack of pedestrian crossing facilities on Darley Road, Leichhardt

Residents have made representations to Council regarding concerns with the lack of pedestrian crossing facilities on Darley Road, Leichhardt near the Hawthorne Light Rail Station. The TfNSW representative stated that:

· TfNSW has previously investigated treatments to improve safety and amenity at this location; however, a sufficient crossing facility could not be provided without civil works and significant cost.

· TfNSW (then RMS) has previously placed a submission for funding under multiple programs to design and build a wider refuge outside the Hawthorne Light Rail stop. The refuge as well as some associated works, is intended to improve pedestrian accessibility and amenity, by providing a safer crossing over Darley Road, suitable for prams, wheelchairs and dogs on leashes as well as some other improvements to help slow motorists at the location.

· However, despite multiple nominations, TfNSW has not been successful in gaining funding for this project.

· TfNSW will continue to submit this project for funding consideration under upcoming programs.

LTC0221 Item 17 Traffic calming for Wardell Road, Dulwich Hill

A resident requested traffic calming devices to be installed on Wardell Road, Dulwich Hill to slow traffic travelling north towards Pile Street. The resident has observed vehicles dangerously speeding past parked vehicles as the road bends. Council officers will review this request.

LTC0221 Item 18 Sightlines at the intersection of Junction Road and Prospect Road, Summer Hill

Concerns have been raised that despite a ‘No Stopping’ zone on Prospect Road, vehicles parked on Prospect Road, near the intersection of Junction Road, obstruct sightlines for vehicles exiting Junction Road. Council officers will review this request.

This concluded the business of the meeting.

Council Meeting

9 March 2021

Item No: C0321(2) Item 8

Subject: Inner West Community Energy Practitioner Network

Prepared By: Jon Stiebel - Urban Sustainability Manager

Authorised By: Brian Barrett - Acting General Manager

RECOMMENDATION

THAT Council:

1. Receives and notes the inaugural Inner West Community Energy Practitioner Network meeting outcomes; and

2. Provides support to community energy groups through the actions under “Council’s role” in this report.

BACKGROUND

Community energy projects are a way to assist residents who are unable to install solar at home to benefit from, and invest in, renewable energy. Community energy is where community groups are involved in initiating, developing, producing, distributing, selling, and buying renewable energy assets and their output. Community energy projects are characterized by local individuals and stakeholders having ownership and decision-making power over, and benefiting directly from, the project. Community energy groups tend to have a social and environmental driver, as well as an economic one.

Council’s Climate and Renewables Strategy includes an action: Establish an Inner West community energy practitioner network. The purpose of the network is to connect local community energy groups with one another to share knowledge, tackle issues and foster the capabilities required to increase community energy in the Inner West.

Council convened the inaugural Community Energy Practitioner Network meeting on Thursday 28 January 2021 from 4.30pm – 6.30pm at the Marrickville Pavilion.

The aim of the first meeting was to facilitate a discussion between all active community energy groups and for Council to be better informed on how it can support the continued rollout of community energy in the Inner West, building on existing successful projects including:

· Young Henry’s brewery Newtown, – Pingala Community Energy Co-operative

· Sydney Buddhist Centre Newtown – Pingala Community Energy Co-operative

· Acre Eatery Camperdown – Inner West Community Energy

· Haystacks Solar Garden Riverina - Pingala Community Energy Co-operative and Community Power Agency - promotion of opportunity to Inner West residents.

Representatives of the following groups attended the meeting:

· Pingala Community Energy Co-operative Ltd

· Inner West Community Energy Incorporated

· Clearsky Solar Investments Limited

· Community Power Agency Co-operative Limited

· Climate Change Balmain Rozelle Inc

· Enova Community Energy

The guest presenter was Felicity Stening, CEO of Enova Community Energy. Enova Energy are the electricity retailer partner for the Haystacks Solar Garden project. Inner West Council has been actively promoting the solar garden as a renewable energy investment opportunity for Inner West residents.

DISCUSSION

The principle aim of the inaugural meeting was to facilitate discussion and networking between all active community energy groups and for Council to be better informed on how it can support the continued rollout of community energy in the Inner West.

The discussion focused on:

1. What are the successes and challenges with increasing community energy?

2. How best to accelerate community energy in the Inner West?

3. What are the roles of Council and community energy groups?

Participants reported strong community interest in investing in community energy projects, specifically due to the idea of retaining solar investment within the community. The community energy groups represented do not find raising capital investment for projects to be a challenge and projects are often over-subscribed. Groups that are facilitating installations on residential roofs reported that community members value the impartial, trusted advice from not-for-profit groups and that this point of difference over regular solar contractors is a key success factor.

The main challenges reported by community energy groups are:

· obtaining suitable community energy project host sites,

· covering recurring costs such as software licences and insurance,

· keeping a volunteer organisation energized and engaged,

· keeping up to date with industry developments,

· improving skills such as in online marketing and communication.

Note, finding host sites is challenging because host sites need to have substantial daytime energy consumption, a suitable roof that won’t need replacing during the project duration (e.g. 15-20 years), and no plans to sell, relocate or renovate the building.

Council’s role

Council can most effectively support and facilitate the expansion of community energy in the Inner West through the following:

1. Council’s Renewable Energy Innovation Officer will continue to convene the Inner West Community Energy Practitioners Network to facilitate knowledge sharing.

2. Council’s delivery partner for the new Solar Assessment for Business service (EnergyAction) will provide information on community energy as a finance option to attract community energy project host sites.

3. Amend the Inner West Environment Grant guidelines to allow up to 15% of a grant to cover relevant project administration costs, such as subscription for online meetings, online project management software etc.

4. Council’s Renewable Energy Innovation Officer will continue to raise the profile of community energy financing options through online communication and promotion.

5. A needs analysis will be conducted to identify relevant capacity building activities to:

a. facilitate at future Community Energy Practitioner Network meetings,

b. deliver training, partnering, mentoring

c. provide referrals to existing external resources.

6. Staff will investigate options to support the national association conference - Coalition for Community Energy (C4CE)

7. Publicise to community energy groups existing resources available, for example, the fee waiver for community venue hire.

The next meeting will be scheduled in approximately 6-months’ time, subject to availability of groups - August 2021.

FINANCIAL IMPLICATIONS

The recommended actions can be accommodated within the existing Urban Sustainability budget

ATTACHMENTS

Nil.

Council Meeting

9 March 2021

Item No: C0321(2) Item 10

Subject: Council's Insurance Claim Processing System

Prepared By: Katherine Paixao - Acting Governance Manager

Authorised By: Brian Barrett - Acting General Manager

RECOMMENDATION

THAT Council receive and note the report.

DISCUSSION

At the 8 December 2020 Council meeting, it was resolved:

THAT:

1. Council prepares a summary report outlining the system for the assessment of insurance and compensation claims lodged with Council for damage to residents property. The report should include the assessment of any trends in the number of claims awarded under the current system. The report is to be tabled at an Ordinary Council meeting in March 2021; and

2. A briefing to be provided to Councillors in regard to compensation and claims processes.

This report responds to point 1.

At the time of amalgamation, Council had three different claims processes. In the following years, Council refined its process, but this required changes to the processes that had formerly been in place in all former Councils.

In 2019 Council outsourced management of under deductible / excess claims for both public liability/ professional indemnity (PLPI) and motor vehicle (MV) classes of insurance. PLPI was outsourced to Echelon Claims Services (ECS), part of JLT Risk Solutions Pty Ltd, the firm that also manages claims for the Statewide Mutual scheme of which Council is a part. MV claims were outsourced to Zurich Financial Services Australia Pty Ltd which is Council’s MV insurer.

This report focuses on PLPI processes.

The process followed by Council and ECS is:

Council

· A claimant contacts Council wanting to make a claim. They can do this by either calling our customer service centre or sending an email.

· Council’s insurance team conducts an initial assessment of the incident.

· Council officers provide relevant documents back to the claimant to complete.

· Once the completed claim form is submitted to Council, officers assess the information provided and contact relevant departments to determine if Council has been aware of an issue to which the claim relates (e.g. a fallen tree, footpath damage). Once this information is received the claim, together with any additional information from Council, is sent to ECS.

· Council also informs the relevant department of the risk so it can be repaired.

ECS

· Council receives a notification that the claim has been received by ECS.

· The submission of the claim prompts an initial and then ongoing contact by ECS with the claimant.

· ECS reviews the claim and documentation to assess Council’s potential liability.

· Regular follow up of the claim is undertaken.

· Recommendations are provided to Council on whether to accept and settle the claim or to reject it.

· Council can request a review of the liability assessment by senior consultants where deemed necessary.

· Prompt processing of settlement documents then follows.

Council

· Once the claim is assessed by ECS, Council receives its recommendation.

· Council considers the recommendation and makes the final determination on the claim and advises the claimant of the outcome.

· If Council accepts the claim, Council organises payments to the claimant.

Legal Principles applied

Once received, a claim is assessed on its own facts based on the relevant information and documentation provided to ECS by both the claimant and Council. It is important to understand that decisions may not always appear fair to the claimant, particularly where the claimant believes the circumstances of their claim point clearly to liability on the part of Council. However, the recommendation made by ECS about a claim takes into account common law principles as well as any statutory defenses or immunities that may be available to Council, such as those under the Civil Liability Act NSW (2002), which may not be immediately apparent to a claimant.

The provision of claims services to Council does have regard to special circumstances and despite the involvement of ECS, Council must consider its standing and reputation in the community as well as its obligations to residents and ratepayers under the Local Government Act. For these reasons, the recommendations provided by ECS are given to Council for consideration and final approval before a decision is provided to the claimant.

It is also important to recognise that the rejection of an insurance claim by Council does not prevent the claimant from commencing legal action against Council which is their prerogative if they believe that Council is legally responsible for their loss or damage.

Benchmarking

Benchmarking of Council’s claims against a representative sample of three like metropolitan councils is provided in Figure 1. A quick analysis of this data shows that liability has been denied in just over 55% of PLPI claims received by Council. This is in line with the sample group where an average of 45% of PLPI claims have been denied in the same period.

Sample Group of Metropolitan Councils					Inner West Council
Liability Decision	Claim Status	No. of Claims		No. of Claims
Denied - General	Current	41	1.62%	7		1.17%
Denied - General	Finalised	929	36.78%	253		42.24%
Pending	Current	159	6.29%	12		2.00%
Pending	Finalised	633	25.06%	135		22.54%
Pending	Incident	23	0.91%	2		0.33%
Accepted	Current	30	1.19%	3		0.50%
Accepted	Finalised	337	13.34%	70		11.69%
Denied - Non-Feasance	Current	21	0.83%	2		0.33%
Denied - Non-Feasance	Finalised	94	3.72%	38		6.34%
Denied - Statutory Immunity	Current	8	0.32%	2		0.33%
Denied - Statutory Immunity	Finalised	94	3.72%	31		5.18%
Partially Accepted	Current	4	0.16%	0		0.00%
Partially Accepted	Finalised	57	2.26%	3		0.50%
Disputed	Current	12	0.48%	3		0.50%
Disputed	Finalised	35	1.39%	17		2.84%
Insured Claim Only	Finalised	27	1.07%	8		1.34%
Withdrawn	Finalised	22	0.87%	13		2.17%
		2526	100.00%	599		100.00%

Figure 1 - Benchmarking of Council’s claims against a representative sample of three like metropolitan councils

The below figures show claims by incurred cost band.

Figure 2 – Claims by incurred cost band - Sample Metro councils

Figure 3 - Claims by incurred cost band – Inner West Council

FINANCIAL IMPLICATIONS

Nil

ATTACHMENTS

Nil.

1.⇩	Letter from Local Government Remuneration Tribunal - 2021 Annual Review
2.⇩	Proposed Submission to the Local Government Remuneration Tribunal 2021

1.⇩	IWC Investment Report - January 2021
2.⇩	IWC Economic & Investment Portfolio Commentary January 2021

Ward	Item
Baludarri (Balmain)	James Lane, Balmain East - Proposed Truck Ban
	Darling Street between Mort Street and Curtis Road, Balmain - Road occupancy - ANZAC Day Dawn Service
	‘No Left Turn’ into Victoria Road from Moodie Street, Rozelle
Gulgadya (Leichhardt)	Cahill Street, Annandale - Proposed 'No Parking' restrictions
	Unnamed Lane (rear of 168 Norton Street) between Carlisle Street and Macauley Street, Leichhardt - Road Occupancy
	Proposed Garden Beds and Speed Humps - Catherine Street, Leichhardt
Midjuburi (Marrickville)	182-198 Victoria Road and 28-30 Faversham Street, Marrickville – DA 201900096 – Consent Conditions 30 and 31 – Signs and Line Markings Plan
	Marrickville Road, Marrickville – Reinstatement of Part Time Limited ½ Hour Parking Within Bus Zone Outside 145-147 Marrickville Road
	Way Street, St Peters – Request for 'No Parking' Restrictions
	One way proposal for Warren Road, Marrickville
	Timed parking proposal for Princes Highway
Djarrawunang (Ashfield)	Traffic calming for Wardell Road, Dulwich Hill
Djarrawunang (Ashfield)	Sightlines at the intersection of Junction Road and Prospect Road, Summer Hill
Damun (Stanmore)	Step 1 Public Domain Works. 3-7 & 13-17 Regent Street, RSL Relocation 287-309 Trafalgar Street& 16-20 Fisher Street, Petersham-DA201800173
	Minor Traffic Facilities
	Motorbike parking in Lennox Street, Newtown
	Lack of pedestrian crossing facilities on Darley Road, Leichhardt
All Wards	Local Traffic Committee Schedule for 2021 - Revised