Agenda of Council Meeting - Tuesday, 12 October 2021

Council Meeting

12 October 2021

Minutes of Ordinary Council Meeting held remotely and livestreamed on Council’s website on 28 September 2021

Meeting commenced at 6.30pm

Present:
Rochelle Porteous Pauline Lockie Darcy Byrne Marghanita Da Cruz Mark Drury Colin Hesse Sam Iskandar Tom Kiat Victor Macri Lucille McKenna OAM Julie Passas Vittoria Raciti John Stamolis Louise Steer Anna York Peter Gainsford Graeme Palmer	Mayor Deputy Mayor Councillor (6:31pm) Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor (6:31pm) General Manager Acting Director Planning
Cathy Edwards-Davis	Director Infrastructure
Caroline McLeod Peter Livanes	Acting Director Community Acting Director Corporate
Katherine Paixao	Acting Manager Governance
Carmelina Giannini	Acting Governance Coordinator

APOLOGIES: Nil

Councillor Byrne entered the meeting at 6.31pm.

Councillor York entered the meeting at 6.31pm.

DISCLOSURES OF INTERESTS:

Councillor Raciti declared a significant, pecuniary interest in Item 15 Notice of Motion: Fee Waiver For Sporting Fields Ground Hire as her husband and son belong to the tigers soccer club board and hire the parks at Inner West and she will leave the meeting during discussion and voting.

Councillor Lockie declared a non-significant, non-pecuniary interest in Item 3 Infrastructure Contribution Reforms Status Update as it refers to the City of Sydney and she works there.

Motion: (Porteous/McKenna OAM)

THAT Council note the disclosure of interest.

Motion Carried

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

Against Motion: Nil

CONFIRMATION OF MINUTES

Motion: (Macri/Hesse)

THAT the Minutes of the Extraordinary Council Meeting held on 7 September 2021 and Ordinary Council Meeting held on Tuesday, 14 September 2021 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, Steer and York

Against Motion: Nil

PUBLIC FORUM

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

Condolence motion: Frank Scarfo

Motion: (Macri/Porteous)

THAT Council send a condolence letter to Frank Scarfo’s family.

Motion Carried

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

Against Motion: Nil

C0921(3) Item 1 Mayoral Minute: Balmain Rowing Club: Community Club of the
Year

Motion: (Porteous)

THAT Council:

1. Note the correspondence from Mr Joe Grech, President of the Balmain Rowing Club;

2. Congratulate the Balmain Rowing Club on its 140^th year;

3. Congratulate the Balmain Rowing Club on being awarded Winner, Sport NSW Community Club of the Year 2021 and Winner, NSW Rowing Para Shield 2021; and

4. Congratulate former club member, James Talbot, on his representation of Australia at the Tokyo Paralympics

Motion Carried

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

Against Motion: Nil

The Mayor, Clr Porteous tabled the letter from Balmain Para-Rowing Program and it is available at the end of these minutes.

C0921(3) Item 27 Mayoral Minute: Council and Community Covid Crisis
Intervention Taskforce

Motion: (Porteous)

THAT Council endorses the following actions as identified in the Mayoral Covid Crisis Intervention Roundtable with local Community Sector NGOs on Wednesday 22 September:

1. Council formally acknowledges the vital role and services Inner West NGOs provide to the community;

2. Council forms a Council and Community Sector Covid Crisis Intervention Taskforce, led by the Mayor, with the aim of Council and the local NGO sector working in partnership to address the local impacts of Covid on those most at risk and how together we can get everyone vaccinated and keep everyone fed, safe and well during this Pandemic;

3. Council Officers work with the local NGO sector and the Taskforce to identify areas where the community can assist with the delivery of goods and services such as the need for food delivery drivers, spare laptops / technologies or other goods for our vulnerable communities and this be promoted via social media and other suitable mediums;

4. Information about the local NGOs working with council, the services they are providing to assist people in financial and wellbeing distress and their contact information be added to Council’s website;

5. Council investigates how we can loan a vehicle from council’s fleet on a temporary basis to assist with food deliveries;

6. Council continues to support Council Officers and the local NGO sector with the Volunteer Inner West Framework currently in development;

7. Council notes the concerns raised from Roundtable attendees about the ongoing funding required to provide support for mental health services, emergency housing and food security once the public health restrictions are lifted;

8. Council officers communicate any relevant grants, EOIs or funding opportunities to local NGOs;

9. Council write to the NSW Minister for Health, Brad Hazzard, the Hon Greg Hunt MP, Minister for Health and Aged Care and the Australian Government, Department of Health Therapeutic Goods Administration, requesting that rapid antigen COVID-19 tests be made available free of charge and that the conditions requiring supervision of testing by a qualified health professional be amended to allow NGOs to administer the tests following suitable training, noting that rapid antigen COVID-19 tests are widely available for use in the US, UK and Europe;

10. Officers work with the Exodus Foundation to provide guidance and assistance regarding the proposed road closure for the Christmas Day celebrations Including waiving of the road closure fee of $1701.60, supply of the barricades and meeting the costs (estimated $1000) for the Traffic Management Plan to be funded from the traffic and parking management consultants budget;

11. Council signs up to the Raise the Rate for Good campaign;

12. Council investigates options regarding employment opportunities for refugees; and

13. A terms of reference be brought back to the next Council meeting.

Motion Carried

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

Against Motion: Cr Passas

Councillor Passas left the Meeting at 8:07 pm.

C0921(3) Item 28 Mayoral Minute: Western Harbour Tunnel – Community Update
Public Meeting

Motion: (Porteous)

THAT:

1. Council opposes the Western Harbour Tunnel;

2. The Western Harbour Tunnel is a project that brings no benefits and significant negative impacts to the Inner West. Consultation with the local community and Council has been poor. Process has been poor;

3. The Western Harbour Tunnel plans to dredge contaminated sediment from the harbour floor. We are told that shallow floating silt curtains will capture the toxic plume but it is likely some will escape into the harbour. This toxic plume will impact on recreational users of the Balmain peninsula –the dog walkers, the fishers and the swimmers - including users of the Dawn Fraser Baths. It will also threaten Sydney Harbour’s marine life;

4. There are three exhaust stacks linked to WestConnex and the Western Harbour Tunnel and none will be filtered. Best practice worldwide is to filter stacks. One stack is located almost next door to Rozelle Primary School. Parents are extremely concerned. They are living through the unacceptable air quality impacts of WestConnex and they know worse may be on its way;

5. The Inner West is a unique, historic part of inner-Sydney that for future generations deserves to be protected from multiple major infrastructure projects. The Balmain peninsula is a particularly unique and precious part of the Inner West that deserves the highest degree of protection. The Western Harbour Tunnel will impact highly valued heritage conservation areas. We saw the damage from WestConnex tunnelling on many local homes. It is expected, despite assurances, that we will see many more local homes and buildings damaged particularly from shallow tunnelling;

6. Yurulbin Point in Birchgrove is a much loved local park. The impact on the park will be devastating. It will be closed to the community for about 4 and a half years;

7. A comprehensive health study on the documented impacts of WestConnex and the predicted impacts of the Western Harbour Tunnel, including consideration of the cumulative impact of other major construction projects is urgently required;

8. There has not been sufficient consideration of cumulative impacts from the multiple infrastructure projects planned and underway the Inner West – particularly in the Rozelle, Lilyfield & Balmain areas and in White Bay and Glebe Island. Had a comprehensive cumulative impact assessment been undertaken before this project was approved, it would likely have recommended cancellation of the Western Harbour Tunnel on the basis of unacceptable impacts;

9. Council note that the Mayor and Council staff recently gave evidence on behalf of Council to the Parliamentary Inquiry on the Impact of the Western Harbour Tunnel and Beaches Link;

10. Council convene a Public Meeting to explain Council’s submission to the EIS and the Parliamentary Inquiry and provide a community update. The Public Meeting will be held in November and will be held virtually. The format of the meeting will be in accordance with Council’s Event invitation, Speaking and Public meeting policy which includes inviting Ward Councillors to speak at the event; and

11. The Public Meeting be promoted through all of Council’s communication channels and in the upcoming newsletter.

Motion Carried

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

Against Motion: Nil

Absent: Cr Passas

Councillor Passas returned to the Meeting at 8:13 pm.

C0921(3) Item 29 Mayoral Minute: Sydney Park Junction (formerly the King Street
Gateway)

Motion: (Porteous)

THAT Council:

1. Urgently writes to the Minister for Transport requesting an extension of the exhibition period to 20 October in order for council to be able to brief Councillors and conduct direct consultation with the local community;

2. Receive a Councillor Briefing on the Sydney Park Junction proposal as soon as possible; and

3. Consults directly with the local community on the proposal as outlined by Transport for NSW in the exhibited Environmental Factors.

Motion Carried

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

Against Motion: Nil

Procedural Motion - Suspension of Standing Orders

Motion: (Porteous/Kiat)

THAT Council bring forward items 12, 18, 24 and 25 to be dealt with at this time.

Motion Carried

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

Against Motion: Cr Passas

C0921(3) Item 12 Notice of Motion: Road Safety outside Annandale North Public
School

Motion: (Byrne/Stamolis)

THAT Council:

1. Writes to the Transport Minister requesting that Transport for NSW install risk mitigation measures to reduce the danger to children crossing Johnston Street, Annandale, in front of Annandale North Public School. This will also include a request for Transport for NSW to employ a Crossing Supervisor at the site to increase visibility and correct crossing behavior;

2. Investigates what road calming measures Council can install near the crossing to increase the safety for people crossing Johnston Street in front of Annandale North Public School with the results of the investigation to be reported to an ordinary Council meeting; and

3. Refer this item to the next Local Traffic Committee and the committee commence immediate assessment and investigation.

Motion Carried

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

Against Motion: Nil

C0921(3) Item 18 Notice of Motion: Use of parks during lockdown

Motion: (Byrne/Porteous)

THAT Council:

1. Keep public toilets at parks open until after sunset and provide additional waste bins and / or waste collections at parks to a cater for the increased use of parks for COVID-safe picnics and gatherings of up to 5 fully vaccinated adults now taking place under the amended public health orders;

2. Also increase the supply soap and toilet paper and the frequency of cleaning of all toilets in parks; and

3. Keep public toilets at parks open until between 7pm-8pm.

Motion Carried

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

Against Motion: Nil

C0921(3) Item 24 Notice of Motion: Disabled Access at Dawn Fraser Baths

Motion: (Porteous/Passas)

THAT:

1. Council urgently undertake a disability access audit of Dawn Fraser Bath;

2. Council urgently consult with the disability community in the inner west including the IWC Access Committee and key individual and organisational stakeholders on what changes are needed at the Dawn Fraser Baths to make them completely accessible;

3. The results of the consultation to be brought to Council in a report to the Ordinary Council meeting on October with recommendations on works required, estimate costings and identification of a funding source for the works; and

4. Noting that Council will be in the caretaker period from November 5, Council provides clear direction now that pending a satisfactory report and identification of a funding source that Council gives in principle support to the undertaking of the necessary works to ensure the Dawn Fraser Baths are fully accessible.

Motion Carried

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

Against Motion: Nil

C0921(3) Item 25 Notice of Motion: Toilets in Camperdown Memorial Rest Park
and Enmore Park

Motion: (Lockie/Steer)

THAT Council:

1. Urgently installs temporary toilets (portaloos) in Camperdown Memorial Rest Park;

2. Makes alternative arrangements to open the toilets at Enmore Park while the Annette Kellerman Aquatic Centre is closed; and

3. Allocates funding from savings in utility expenses to cover costs associated with these actions.

Motion Carried

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

Against Motion: Nil

Resumption of Standing Orders

Motion: (Porteous/Kiat)

THAT standing orders be resumed.

Motion Carried

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

Against Motion: Nil

Councillor Passas left the Meeting at 9:12 pm.

C0921(3) Item 2 Aquatic Centres Entry Fee-Social Security Recipient Concession

Motion: (Kiat/Byrne)

1. THAT:

1. Council receive and note the community engagement outcome which shows very strong community support the adoption of the harmonised $1.20 Social Security Recipient Concession fee for Inner West Aquatic Centres;

2. Council immediately adopt the proposed 'Social Security Recipient Concession' fee of $1.20 for all Aquatic Centres;

3. Any unbudgeted decline in revenue as a result of adoption of the lower fee to be accounted against general fees and charges revenue and reported to the next quarterly budget review;

4. Council write to all members of the Inner West Taking Action on Poverty Roundtable notifying them of the change to Council’s pool entry fees for social security recipients; and

5. Council officers prepare a report to be tabled at an Ordinary Council meeting, outlining the transition to aquatic and recreation services being brought in house. This should include:

a) A plan for establishing the Inner West Fitness pass allowing members to access all Inner West aquatic and fitness facilities for the cost of a single membership; and

b) A review of the impacts of harmonised aquatic fees changes on each aquatic centre.

Motion Carried

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

Against Motion: Nil

Absent: Cr Passas

Councillor Passas returned to the Meeting at 9:20 pm.

C0921(3) Item 3 Infrastructure Contribution Reforms Status Update

Motion: (Porteous/Lockie)

THAT Council:

1. Opposes the proposed Infrastructure Contribution reforms; and

2. Increase awareness of the Infrastructure Contribution reforms implications via relevant communication channels.

Motion Carried

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

Against Motion: Cr Passas

Councillor Raciti left the Meeting at 9:26 pm.

ADJOURNMENT

9.26pm - The Mayor, Clr Porteous adjourned the meeting for a short recess.

9.41pm– The Mayor, Clr Porteous resumed the meeting.

C0921(3) Item 4 Investment Report at 31 August 2021

Motion: (Porteous/Stamolis)

THAT the report be received and noted.

Motion Carried

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

Against Motion: Nil

Absent: Cr Raciti

Councillor Raciti returned to the Meeting at 10:10 pm.

C0921(3) Item 5 Community Engagement Outcomes - De-amalgamation Business
Case

Motion: (Porteous/Byrne)

THAT:

1. Council receives and notes the De-amalgamation Cost Benefit Engagement Outcomes Report;

2. Council notes and accepts that the NSW Electoral Commission won’t approve the yes and no case but has already signed off on the poll question as per Council’s resolution;

3. Council engage a freelance researcher who undertakes work for RMIT ABC Fact Check to review the draft yes and no case and the final flyer be presented to the Ordinary Meeting on 12 October; and

4. Councillors be invited to submit any published documentation or comments on the yes no case by 12PM Friday 1 October 2021 to the General Manager who will forward to the fact checker for their consideration.

Motion Carried

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

Against Motion: Crs Passas and Raciti

Councillor Hesse left the Meeting at 10:28 pm.

C0921(3) Item 6 Zero Waste Strategy Targets

Motion: (Da Cruz/Steer)

THAT Council note the report and receive a further report on:

1. Providing baselines for the waste streams identified in report;

2. Including Dog Poo and Cigarette Butts as litter measures;

3. Providing Drop off for small items eg x-rays through product stewardship/EPA schemes at community centres/libraries/service centres as well as businesses;

4. Including Avoid and Reuse in communication and education;

5. Providing Baseline, targets and progress on website;

6. Reporting on processing of waste streams - noting earlier resolution that none is incinerated and reporting on where our waste goes;

7. Use of Recycled Materials in Council construction projects and other activities;

8. Council waste streams including waste collected in parks, community centres, offices and construction;

9. Simpler, accurate and clearer material in single location on website including service request and booking systems;

10. A Review advice provided to community about waste services through customer service; and

11. Providing public bins for streaming waste

Motion Lost

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

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

Foreshadowed Motion (Byrne/McKenna OAM)

THAT Council note the short and long term targets under the Zero Waste Strategy.

Motion Carried

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

Against Motion: Cr Da Cruz

Councillor Hesse returned to the Meeting at 10:32 pm.

C0921(3) Item 7 Minutes of the Audit, Risk and Improvement Committee Meeting
held on 25 August 2021

Motion: (Steer/McKenna OAM)

THAT Council:

1. Note the unconfirmed minutes of the Audit, Risk and Improvement Committee meeting held on 25 August 2021; and’

2. Thank Councillors Steer and McKenna OAM for their sterling work on the ARIC during this term of Council.

3. Amend the charter in order for the Audit, Risk and Improvement Committee chair to attend Councillor briefings twice a year to inform Councillors and this be put on public exhibition.

Motion Carried

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

Against Motion: Nil

Procedural Motion - Suspension of Standing Orders

Motion: (Porteous/Byrne)

THAT Council bring forward item 17 and deal with items 8 and 17 together as they relate.

Motion Carried

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

Against Motion: Nil

C0921(3) Item 8 Notice of Motion: Disposal of Sharps during vaccination roll out
and

C0921(3) Item 17 Notice of Motion: Sharps

Motion: (Macri/Byrne)

THAT Council:

1. Receive a report back on the sharps service:

a) When and why it was introduced;

b) Was it offered to all pharmacists;

c) Why is the service offered to pharmacists only;

d) Why only 15 of 50 pharmacists in the Inner West have taken it up;

e) What is the nature of the service; and

f) Is the service consistent across pharmacists. Some say that they are receiving additional services such as sanitary pads and air fresheners, others do not receive this.

2. Receive a report back now that the vast majority of our community have been vaccinated (75% first dose and almost 50% second dose) why didn’t Council propose this much earlier. The report is to detail why it wants to shift this cost to Council rather than to State Government.

Motion Carried

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

Against Motion: Nil

Councillor Raciti retired from the Meeting at 10:54 pm.

C0921(3) Item 9 Notice of Motion: Holding Yard

Motion: (Passas/Macri)

THAT Council investigates the feasibility of a Council Secure Yard that would be

available 24/7 for our residents to park their boats, caravans and trailers with an annual fee charged.

Motion Lost

For Motion: Cr Passas

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

Absent: Cr Raciti

Procedural Motion

Motion: (Porteous/Stamolis)

THAT items 10, 11, 13, 14, 15, 16, 19, 20, 21, 22, 23 and 26 be deferred to an Extraordinary Council meeting to be held on Tuesday, 5 October 2021 at 6.30pm.

Motion Carried

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

Against Motion: Crs Iskandar, Kiat, Lockie, McKenna OAM and York

Absent: Cr Raciti

Meeting closed at 11.05 pm.

Public Speakers:

Item #	Speaker	Suburb
Item 1:	Joseph Grech	Birchgrove
Item 2:	Dylan Griffiths	Ashfield
Item 5:	Pip Hinman	Newtown
Item 14:	Safdar Ahmed Mike Nix Lena Nahlous	Hornsby Japan Ashfield
Item 16:	Gem Romuld Jack Robertson	Gwynneville Birchgrove
Item 21:	Anthony Brooks	Moore Park
Item 22:	Dominic Case Kathy Bluff	Balmain East Annandale
Item 23:	Michael Davis	Balmain East
Item 24:	Jane Spring	Drummoyne
Item 26:	Phillipa Scott Liz Atkins	Leichhardt Stanmore

Item 1 Mayoral Minute: Balmain Rowing Club: Community Club of the Year - Tabling of Letter from Balmain Para-Rowing Program

Unconfirmed minutes of the Ordinary Council meeting held on 28 September 2021.

Council Meeting

12 October 2021

Item No: C1021(2) Item 3

Subject: Accommodation Grant for Deadly Connections

Prepared By: Caroline McLeod - Acting Director Community

Authorised By: Peter Gainsford - General Manager

RECOMMENDATION

THAT Council

1. Notes as per Council resolution CO921(2) Item 3, Officers entered a conversation with local NGO, Deadly Connections, regarding finding suitable permanent accommodation within the LGA;

2. Notes that Deadly Connections verbally advised Officers they were looking for long term accommodations for approximately three years (plus);

3. Notes that a property is available within Enmore Park (Crown Land) and Council could offer Deadly Connections in the first instance, a 12 month venue hire agreement;

4. Notes If Council wanted to offer a formal lease to Deadly Connections, a formal process would need to occur including potentially amending the Enmore Park Plan of Management, advertising the lease for 28 days etc;

5. Notes that because the property is on Crown Land and Deadly Connections is an NGO, under the Act, Council does not have to conduct a formal Expression of Interest process to lease the property;

6. Notes no formal Expression of Interest process has occurred;

7. Notes that if both Council and Deadly Connections agree to the proposal and sign the Agreement and/or Lease they will be responsible for funding any connection and ongoing costs associated with the internet, phone lines, water, electricity, air-conditioning, security etc. This will be outlined in the Agreement and Lease;

8. Notes that if Deadly Connections sign the Agreement and Lease they will be responsible for funding any connection and ongoing costs associated with the internet, phone lines, water, electricity, air-conditioning, security etc. This will be outlined in the Agreement and Lease;

9. Note that offering Deadly Connections a formal lease will be a long process and may require an amendment to the Enmore Park Plan of Management and

10. A budget adjustment of $30,000 is required to address the maintenance issues to ensure the facility is safe which is to be funded from the Facilities Maintenance budget.

BACKGROUND

On 14 September Council considered the business paper Community Support in the Covid Pandemic C0921(2) Item 3, and endorsed to:

Note the important contribution of Deadly Connections to the Inner West and continue discussions with Deadly Connections regarding finding suitable permanent accommodation within the LGA.

Deadly Connections is an Aboriginal Community-led, not for profit organisation that provides information, referral, advocacy, and support to First National communities in the inner west and inner city. Deadly Connections seeks to break the cycles of disadvantage and trauma to directly address the over-representation of Aboriginal people in the child protection and justice system/s.

Deadly Connections has been looking for suitable accommodation in the Inner West and City of Sydney for a few years. Until the end of September 2021, Deadly Connections had an MOU with Marrickville Legal Centre, 12-14 Seaview Street, Dulwich Hill granting them use of the office space within the (Council owned) premises. The Marrickville Legal Centre has now relocated and as a result Deadly Connections required new accommodation. Since this time, Council has arranged for Deadly Connections to remain in the facility until alternative accommodation can be found, delaying proposed property works and the advertising of a new tenant.

The former Family Day Care Centre, located in Enmore Park, was identified as a potential suitable location. This facility has recently become available due to the harmonising of the former Marrickville and Leichhardt Family Day Care Services, now located in the former Leichhardt Family Day Care Centre, Flood Street Leichhardt. The Enmore Park facility consists of one room, two storage areas, a kitchenette, toilet and fenced in garden.

DISCUSSION

Council’s Legal team has advised that in the first instance Council can offer Deadly Connections a 12 month venue hire agreement due to the facility being on Crown Land. The Venue Hire Agreement would be amended so that hire fees are waived (as per the Indoor Venues Fee Scale Policy) but Deadly Connections are charged outgoings / expenses such as electricity, water, internet and would be responsible for their own cleaning and maintenance of the garden area.

Council would then commence the formal lease / license process. A formal EOI for the facility is not required because Deadly Connections is a not for profit organisation. Noting that the process could take some time, as the facility is on Crown Land, the lease/license process requires reporting to Council, Native Title checks, Community Land Advertising for 28 days etc and potentially amending the POM, as the POM currently identifies that the building should be demolished.

Condition of property

The property requires some basic maintenance, cleaning and compliance work estimated at around $30,000, including general cleaning, hydraulic (includes tank works), building works, trees / gardening, painting, pressure wash, material disposal, fire services, structural consultant, metal cabinets, blue board etc.

Requests for other items such as Internet, phone, air-conditioning, kitchen etc

Deadly Connections informally requested a range of items such as telephone and internet lines, air-conditioning and a new kitchen or oven. It is recommended that Deadly Connections be responsible for covering these costs. It is expected that once a lease is signed or there is a formal agreement, they would be eligible for grant funding to cover these costs.

FINANCIAL IMPLICATIONS

The total cost of the works is estimated to cost approximately $30,000 and a budget adjustment is required as this work is currently unfunded.

ATTACHMENTS

Nil.

Council Meeting

12 October 2021

Item No: C1021(2) Item 5

Subject: Change to December 2021 Council Meeting Date and 2022 Ordinary Council Meeting Schedule

Prepared By: Katherine Paixao - Acting Governance Manager

Authorised By: Peter Livanes - Acting Director Corporate

RECOMMENDATION

THAT Council:

1. Amend the 2021 Ordinary Council meeting schedule to remove the 7 December 2021 Ordinary Council meeting;

2. Select one of these options for the first ordinary meeting for the new term of the Inner West Council for either 6.30pm Thursday 30 December 2021 or 6.30pm Tuesday 4 January 2022; and

3. Adopt the 2022 ordinary Council meeting schedule:

Tuesday 8 February

Tuesday 22 February

Tuesday 8 March

Tuesday 22 March

Tuesday 12 April

Tuesday 26 April

Tuesday 10 May

Tuesday 24 May

Tuesday 7 June

Tuesday 21 June

Tuesday 26 July

Tuesday 9 August

Tuesday 23 August

Tuesday 13 September

Tuesday 27 September

Tuesday 11 October

Tuesday 25 October

Tuesday 8 November

Tuesday 22 November

Tuesday 13 December

DISCUSSION

With the rescheduling of the local government elections from Saturday 4 September to Saturday 4 December 2021 an update to the ordinary Council meeting schedule is required.Other key dates that will have an impact on the 2021 Council meeting schedule include the commencement of the Regulated Period on 25 October 2021 which will be in effect for the 26 October and both November ordinary Council meetings and the Caretaker Period which commences on 5 November 2021 and will be in effect for both November meetings.

The Office of Local Government advises that the return of postal votes closes at 6pm on

17 December 2021 and the election results are anticipated to be declared progressively as counts are finalised between 21 - 23 December 2021 (refer to the Frequently Asked Questions provided at Attachment 1).

Given this, the ordinary Council meeting set for 7 December 2021 will not be able to proceed and is proposed to be removed from the ordinary schedule. In the event Council does not sit in December, it will still have met its obligations under Section 365 of the Local Government Act which stipulates that Council is to meet at least 10 times per year, each time in a different month.

New term of Council

Section 290 of the Local Government Act requires that Councils that elect their mayor must hold a mayoral election within three weeks after the declaration of the ordinary election and are required to schedule a meeting for this purpose within three weeks of the declaration of the election.

Accordingly, Council is requested to consider and resolve a suitable meeting date for the first meeting of the new term of Council. At this meeting councillors will be asked to:

· undertake an affirmation or oath of office (as the first order of business, or prior to the meeting)

· elect a mayor and potentially a deputy mayor

· decide whether to use a countback of the votes cast at the ordinary election should any casual vacancies occur in the civic office within the first 18 months of the term.

In consideration of the Christmas holiday period and to ensure effective governance arrangements are in place as soon as practicable after the election, enable planning and to provide clarity early for new and returning councillors, two options are provided for consideration below. Meetings will be held at the Ashfield Service Centre unless public health orders are in place which do not enable this.

1. 6.30pm, Thursday 30 December 2021 (papers circulated on Friday 24 December 2021)

2. 6.30pm, Tuesday 4 January 2022 (papers circulated on Wednesday 29 December 2021). Council is being asked to select one of these options.

2022 ordinary Council meeting schedule

Council has previously adopted a Meeting schedule of 2^nd and 4^th Tuesdays from February through to November and on 2^nd Tuesday of December. Council has also resolved to have a two week meeting and briefing recess in July each year. Taking these factors into account, the below schedule of meeting dates for 2022 is presented for Council’s endorsement. Meetings commence from 6.30pm as per the Code of Meeting Practice.

2022 Council Meeting Schedule

Tuesday 8 February

Tuesday 22 February

Tuesday 8 March

Tuesday 22 March

Tuesday 12 April

Tuesday 26 April

Tuesday 10 May

Tuesday 24 May

Tuesday 7 June

Tuesday 21 June

Tuesday 26 July

Tuesday 9 August

Tuesday 23 August

Tuesday 13 September

Tuesday 27 September

Tuesday 11 October

Tuesday 25 October

Tuesday 8 November

Tuesday 22 November

Tuesday 13 December

FINANCIAL IMPLICATIONS

Nil

ATTACHMENTS

1.⇩

Office of Local Government FAQs Postponement of the 2021 Local Government Elections

Council Meeting

12 October 2021

Item No: C1021(2) Item 9

Subject: Tree Management DCP - Review Process

Prepared By: Cathy Edwards-Davis - Director Infrastructure

Authorised By: Peter Gainsford - General Manager

RECOMMENDATION

THAT the report be received and noted.

DISCUSSION

The Inner West Council Tree Management Development Control Plan (Tree DCP) was adopted by Council in February 2020. At the Council meeting on the 11 February 2020, it was resolved:

THAT Council:

Review the policy after 12 months of implementation and the review be reported to Council;

Council is currently unable to undertake this review because of resources. The purpose of this report is to outline the proposal to review and resolve some of the inconsistencies that have been identified in the Tree DCP since adoption.

Trees located on private land generally require Council consent to prune or remove. The State Environmental Planning Policy (Vegetation in Non-Rural Areas) (Vegetation SEPP) prohibits removing vegetation identified in a DCP without authorisation issued by a Council. Council’s DCP identifies the vegetation that it applies to and sets out different forms of authorisation:

· A Minor Works application is utilised for the removal of specific tree species or dead trees

· A Tree Permit application is utilised for most trees unless covered by the Minor Works application or where the works is an exempt activity.

· Exempt Activity includes canopy lifting to 2.5m above ground level, selective pruning to a 3m clearance above the roof or face of structures and pruning of deadwood that does not have hollows or provide habitat for native fauna.

· A Development Application is only required where the request is for removal of trees identified on the Inner West Council heritage trees list or the tree forms part of an Aboriginal object or is located within an Aboriginal place of heritage significance or is located within a heritage conservation area or item where the works are determined to be not of a minor nature; or likely to have an adverse impact on a Heritage Conservation Area or Heritage Item.

Positive Outcomes

The key positive outcomes from the new Tree DCP include:

· Requirement for replacement tree planting

Council requires replacement tree/s to be planted as a condition of any consent to remove a tree to effectively maintain the urban forest canopy across the local government area.

· Minor works application

The Minor Works Application is a free process that allows some pruning and removal work that previously required a permit

· Land Zone Canopy Targets

Land Zone canopy targets have been introduced for different development types, ranging between 15 and 40%. These targets have improved tree planting outcomes in new developments

· Reduced Development Applications for trees

A greater number of applications for tree pruning and removal may now be considered through a Minor Works application or Tree Permit application. This has reduced the number of formal Development Applications required for tree pruning and removal, providing an easier approval process for the community.

· No mandatory requirement for Arborist reports

Tree DCPs from the former Councils had mandatory requirements for an Arborist report to accompany an application, regardless of the particular circumstances of the property or tree. An Arborist report (or other specialist reports) are now not mandatory. Council as the consent authority provides a determination based on information provided.

Tree DCP Review

The following aspects of the Tree DCP require review:

1. Legal inconsistencies

2. Tree species list for Minor Works applications

3. Assessment criteria for pruning and removal

4. Right of appeal

These matters will be discussed in detail below.

1. Legal inconsistencies

The legal inconsistencies include the following:

· The DCP is inconsistent with the Vegetation SEPP

· The two metre rule is inconsistent with the Environmental Planning & Assessment Act (EP&A Act)

· Clarification is needed as to whether the two metre rule applies to neighbouring properties.

Vegetation SEPP

The Tree DCP currently permits tree removal without development consent in heritage conservation areas and where a tree is part of a heritage item. This is inconsistent with the EP&A Act and the Vegetation SEPP.

Under the Vegetation SEPP, development consent is needed to remove vegetation that is:

· a heritage item; or

· within a heritage conservation area; or

· that is or forms part of an Aboriginal object; or

· that is within an Aboriginal place of heritage significance…

It is therefore recommended that the DCP be amended to require a development consent for removal of a tree that is within a heritage conservation area or that is part of a heritage item unless Council is satisfied that the removal is minor or for the maintenance of the heritage conservation area and would not adversely impact on the heritage conservation area.

Two Metre Rule

Clause 5.2(i) of the Tree DCP says that approval will be given if a tree is within two metres of a dwelling or garage. This is inconsistent with the EP&A Act as it removes Council’s ability to consider an application and decide it in any way other than to approve it.

Where legislation or a SEPP gives a public authority discretion to make decisions, e.g. to issue a tree permit or consent, the public authority must allow itself to consider each decision on its own merits. The tree’s proximity to buildings is relevant but that criterion alone cannot mandate the outcome of the permit application.

Section 4.15 EP&A Act sets out everything that a consent authority must consider when assessing DAs, including applicable SEPPs, LEPs and DCPs, the likely environmental impacts of the proposed removal on the natural and built environment, submissions and the public interest. The blanket two metre rule does not allow for these EP&A Act requirements for DAs.

It is therefore recommended that one of the following amendments be adopted:

The Tree DCP be amended to say that distance of a tree to a dwelling or garage is a relevant matter for consideration and, where trees are less than two metres, that will be given significant weight in the assessment of the application. Other relevant considerations include habitat, environmental services, shade, scenic quality, amenity, structural damage to property, risk of injury. This amendment would allow for tree replacement to be a condition of consent.

Except where a development consent is needed, make the pruning or removal of trees within two metres of a dwelling an exempt activity, which means that no approval is needed. It is noted that this does not allow a condition to be placed on the applicant requiring them to plant a replacement tree.

Neighbouring Properties

Clause 5.2(i) of the Tree DCP says that approval will be given if a tree is within two metres of a dwelling or garage. It is unclear whether this applies only where the dwelling and tree are on the same property or whether this also applies where the tree is on one property and the dwelling is on the neighbouring property.

Consideration should be given to amending clause 5.2(i) of the DCP to clarify that it refers to trees that are two metres from any dwelling only on the subject property.

2. Tree species list for Minor Works applications

Council is currently experiencing a large increase in the volume of Minor Works applications and as a result there are delays in the processing of permits. Council staff are utilising all available resources to reduce these delays. However, there are currently delays of six to eight weeks for all tree applications.

The Minor Works application has made the process easier for many. However, it has made some applications harder. For example, weeds such as privet now require an application whereas previously, they could be removed without any Council approval.

The tree species list should be split into two, allowing some trees to be removed without approval and other trees would be subject to a Minor Work application. The Minor Works tree species list needs to be reviewed and should only include weed species. Further, consideration needs to be given to reinstating the use of the Minor Works application only for those trees that do not exceed 10 metres in height above ground level.

3. Assessment criteria for pruning and removal

Section 5.2 of the Tree DCP outlines the application assessment criteria for pruning and removal. This section, as written, has resulted in a loss of evidence-based approach. The criteria is not in line with industry standards and adopted risk methodologies. Further, the criteria is confusing and can be contradictory. It is therefore recommended that this section be reviewed to improve clarity.

It is noted that Council has received complaints from residents where trees have been removed due to these assessment criteria changes. It is recommended that any future Draft Tree DCP be placed on public exhibition to allow for community engagement.

4. Right of Appeal

Section 5.3 of the Tree DCP outlines that in accordance with the Vegetation SEPP, applicants may appeal a Council decision within three months to the NSW Land and Environment Court.

Section 5.3 also allows for an internal Council review within six months of the determination. This internal review may be considered inconsistent with the Local Government Act which allows for a 28 day internal administration review by Council and the Vegetation SEPP. Consideration should be given to amending the internal Council review period to 28 days.

Timing on the Review

Council is currently in the process of recruiting a new Urban Forest Manager. Once this person has been appointed, they will be tasked with undertaking the Tree DCP review. It is likely that a Draft Tree DCP will be referred to Council in early 2022.

FINANCIAL IMPLICATIONS

The proposed review of the Tree DCP can be undertaken within existing resources. Should Council continue with the current Minor Works applications unamended, additional staff resources will need to be employed in order to manage the increase in applications being received.

ATTACHMENTS

Nil.

Council Meeting

12 October 2021

Item No: C1021(2) Item 10

Subject: Inner West Economic Recovery Taskforce Update

Prepared By: Billy Cotsis - Economic Development Team Leader

Authorised By: Graeme Palmer - Acting Director Planning

RECOMMENDATION

THAT:

1. Council notes the update on the Inner West Economic Recovery Taskforce recommendations; and

2. $138,000 be expended from the Inner West Economic Recovery Taskforce to fund the Outdoor Dining and Live Performance Project

DISCUSSION

Eight individuals were selected from the community via an Expression of Interest (EOI) process, representing a range of industries; this included licensed premises, hospitality, chambers of commerce, the arts, retail, education, event management and employment within the government sector.

Clrs Darcy Byrne and Louise Steer represented Council on the Taskforce. Clr Byrne in his capacity as Mayor at the time, chaired the Taskforce.

The aim of the Taskforce was to examine the issues and outcomes of the COVID-19 impact on local businesses and to identify the opportunities to help the local economic recovery process. The purpose of this report is to provide an update on the Taskforce’s 39 recommendations being considered and implemented by Council. Attachment 1 provides a list of the recommendations with relevant Council Officer comments in relation to the progress/status of each recommendation.

The Taskforce met over a period of four months between July to October 2020 to consider a range of issues impacting the local economy. A number of external stakeholders and staff addressed the Taskforce on a range of subject matters including the state of the economy, beautifying main streets, development assessment processes, arts and culture, engaging with government and business support needs.

Towards the end of 2020, Taskforce members provided their key recommendations which forms the basis of Attachment 1. These recommendations were presented to Council on 24 May 2021, via a Notice of Motion where council resolved as follows

THAT Council:

1. Thank the members of the Inner West Economic Recovery Taskforce, Percy Allan,

Erica Berchtold, Greg Khoury, Chrissy Flanagan, Mark Chapman, Monica

Vardabasso, Morris Hanna and Kerrie Glasscock, for volunteering their time and

expertise;

2. Notes the recommendations of the Inner West Economic Recovery Taskforce;

3. Refers the taskforce report to Council Officers to seek their advice on each

recommendation, which is to be tabled at the June Ordinary meeting;

4. Officers meet with taskforce members to discuss the recommendations; and

5. Endorses the following recommendations for immediate implementation with an

update to be provided in the report to the June Ordinary meeting:

a) Undertakes an external review of its borrowing capabilities to identify its

capacity to invest additional capital in reducing/eliminating the infrastructure

backlog;

b) Seeks advice and cooperation from rating agencies and the NSW

Government’s TCorp in assessing Council’s borrowing capacity and review

whether there are other mechanisms Council can use to raise capital to invest

in infrastructure renewal;

c) Identifies the proportion of Council’s procurement currently undertaken

through suppliers within the Inner West Local Government Area (LGA) and

makes it a priority to increase local procurement in future budgets;

d) Proposes to the NSW and Federal Governments that they establish a one-stop

shop application process for all three tiers of government for approvals to

open all businesses, and that the Inner West would host a pilot of the scheme;

and

e) Develops an Inner West public space activation strategy to be rolled out in line

with the lifting of public health restrictions with the specific goal of attracting

and encouraging high levels of pedestrian traffic, economic activity and social

interaction in the public domain.

OTHER ECONOMIC ACTIONS TO SUPPORT THE LOCAL ECONOMY

In addition to the establishment of the Taskforce, and to help mitigate the impacts of the economic downturn and support the business community’s confidence, Council has provided a range of support measures over the last 18 months. This includes, though not limited to, the following initiatives:

· Hardship form for commercial/business rates, providing relief for businesses experiencing hardship due to the loss of operating revenue or reduced disposable income,

· During the first lockdown in 2020, Council supported the arts industry with $300,000 in grants for Covid relief initiatives and projects. This included small grants for Artist and Creative Practitioner Grants for creative development, new work and adaptation projects for creatives (up to $5000) and Creative Spaces Grants to support survival and resilience in local creative spaces (up to $20,000). The projects had to be delivered by the end of 2020,

· Council supported pick up and takeaway by encouraging businesses to post on Council’s website, which Council in turn promoted,

· Committed to post lockdown communication and marketing to assist local spend and local experience initiatives. This has involved a combination of digital and static campaigns designed to improve footfall and confidence in the local economy,

· Council established the Inner West Economic Recovery Taskforce to help plan and coordinate the post-COVID-19 economic recovery of the Inner West,

· In October 2020, Council adopted the Night-Time Economy Action Plan to support the night-time economy and to support the diverse commercial, retail and entertainment options at night,

· In April 2021, Council established the Inner West Creative Network (IWCN) to provide support for the creative industries. The IWCN is designed as an industry umbrella association to represent creatives and advocate for more opportunities for creative industries and artists in the Inner West,

· Throughout 2021, Council has facilitated a range of support to help Chambers to promote their precincts, including support for promotional campaigns to generate local footfall,

· Supported the Celebrate South King project in June to generate interest in Newtown’s South King Street and to generate footfall to the Newtown and Enmore precinct. 70 activations were held with businesses and creatives,

· A range of online workshops have been held with partners including the ATO to help upskill small businesses with financial planning, working with the ATO, ‘future proofing’ businesses and marketing sessions,

· Council has continued to deliver the Women in Business workshops and the mentoring program which first commenced in 2020,

· Local procurement workshops/seminars are being planned for post lockdown to help businesses understand how they can register for VendorPanel and to seek out opportunities to tender with Council,

· Rent postponement for Council tenants (upon request) due to the hardship of closing their business operations during the lockdown periods,

· Council is currently drafting the Outdoor Dining and Live Performance Guidelines to help businesses with safe space requirements as per Public Health Orders. The guidelines will help hospitality businesses and local artists during the re-opening phase after lockdown,

· Businesses will be surveyed post lockdown for their business support needs. The business survey has been drafted and translated into multiple languages for distribution to businesses in every Ward,

· A range of Inner West Fest activations to generate footfall will be held over the summer

period in 2022, with a number of businesses engaged with the process; many businesses participated with Inner West Fest initiatives held earlier this year specifically in Balmain, Rozelle, Leichhardt and Annandale,

· Proactively engaged with Service NSW to increase the take up of Dine and Discover in 2021,

· Support for local Indigenous businesses via workshops, engagement and the development of the draft Aboriginal Economic Development Strategy,

· Council is currently in the process of working towards establishing a “Special Entertainment Precinct” around the Enmore Theatre and Enmore Road,

· Facilitated meetings for business in Newtown and Enmore to re-establish a local chamber of commerce,

· Council provided an extension for the submission of an Annual Fire Safety Statement as many businesses were struggling with the constraints and duress of lockdown periods,

· Regulated food inspections were temporarily placed on hold during lockdown periods. Any Breaches of the COVID-19 Safety Plans relating to food business are monitored by NSW Health and enforced by NSW Police not Council,

· Extended timeframes for Development Compliance was provided upon request for businesses struggling during the lockdown periods,

· Council Rangers undertook passive surveillance of footway dining to ensure compliance with Public Health Orders,

· Council is exploring a joint information session with Service NSW to help businesses with the re-opening period.

The NOM identified five key recommendations. These include undertaking an external review of Council’s borrowing capabilities to address the infrastructure backlog; increasing local procurement in future budgets; proposing to the State and Federal Government a one-stop shop for approvals for businesses with the Inner West as a pilot; and developing a strategy and actions for public space activation to encourage higher levels of footfall.

In accordance with the NOM, Council officers reviewed the recommendations and provided a draft update for a special meeting with the Taskforce, which was held on 26 July 2021. This meeting discussed the recommendations and the draft responses from Council officers. Feedback provided by the Taskforce resulted in the need for a further review of the draft recommendations from Council officers and additional engagement with stakeholders.

The top four recommendations to immediately assist businesses with the post-lockdown recovery includes:

- The development and implementation of the Outdoor Dining and Live Performance Guidelines, this will assist businesses deal with the public health order and special needs as well as providing a unique selling point to attract footfall;

- Support for local procurement via information sessions and by actively encouraging local businesses to register for the VendorPanel process;

- Support for beautifying main streets and key urban areas which will help to attract and retain visitation;

- Continued support for the live music and arts industries which have been significantly impacted by the lockdowns. These industries are currently being supported by a range of actions and strategies from Council.

One of the key projects and priorities, as outlined above, is the creation of the Outdoor Dining and Live Performance Guidelines. The Guidelines will allow Council to trial:

· The use of public spaces for outdoor dining, including parking spaces (excludes mobility parking spaces)

· Expediting new or temporary applications for footpath dining

· A partnership program for hospitality businesses to hire local musicians and performers

This project will help address two of the top four recommendations identified in the report. In order to help fund the initial phase of the project, the following expenditure from the Taskforce budget is requested:

$38,000 to support the Live Performance aspect of the guidelines, while a further $100,000 is sought to for concrete barriers, installation and removal, and temporary change of street signs to implement outdoor dining needs for successful applicants by the businesses.

The Taskforce budget currently has a budget of $138,000.

In addition to the Taskforce recommendations, Council has provided a number of other initiatives to help the local economy and businesses recover since the first lockdown period in 2020. Attachment 2 lists some of the key initiatives undertaken by Council.

FINANCIAL IMPLICATIONS

$138,000 has been allocated to implement the Taskforce recommendations. It is recommended that the budget be expended on implementing the proposed Outdoor Dining and Live Performance Guidelines, as outlined in the report and in Attachment 1.

ATTACHMENTS

1.⇩	Recommendations Responses October.
2.⇩	Taskforce Report

Council Meeting

12 October 2021

Item No: C1021(2) Item 11

Subject: Inner West Outdoor Dining and Live Performance Guidelines

Prepared By: Billy Cotsis - Economic Development Team Leader

Authorised By: Graeme Palmer - Acting Director Planning

RECOMMENDATION

THAT Council:

1. Note the update on the draft Inner West Outdoor Dining and Live Performance project; and

2. Endorse the reallocation of $138,000 from the Inner West Economic Recovery Taskforce to partially fund the Outdoor Dining and Live Performance project

DISCUSSION

At the Ordinary Council meeting on 14 September 2021, Council resolved that:

1. Council urgently prepare a COVID-recovery outdoor dining and live performance policy to allow and encourage safe use of public spaces by local restaurants, cafes, bars and licensed premises, when health orders allow, with the objective of facilitating the safe reopening of local hospitality businesses;

2. The draft policy include consideration of the following temporary uses of public spaces in the opening-up phase following lockdown, noting that existing disability access to footpaths must be maintained:

a) Use of parking spaces in front of premises for outdoor dining and live performance;

b) Temporary closure of main streets and / or adjoining side streets by Council to create space for safe outdoor dining and live performance with the required barriers and application process to be undertaken by Council. The cost effectiveness of purchasing rather than hiring barriers as well as extended rather than temporary closures should be assessed;

c) Expediting new or temporary applications by businesses for footpath dining;

d) Council undertaking the approval process for outdoor dining and live performance in newly identified areas so that individual applications from businesses aren’t required;

e) Use of Council car parks for outdoor dining and live performance;

f) Use of Councils parks nearby to main streets for outdoor dining and live performance; and

g) Provisions already enacted by the City of Sydney in response to the 2020 lockdown for outdoor dining and live performance that can be implemented in the Inner West.

3. The draft policy include options for how funding from festivals and events that have not proceeded due to the lockdown can be redirected to a small grants program to allow hospitality businesses to hire local musicians and performers to provide entertainment at outdoor dining locations; and

4. The draft policy is to include localised options for all Inner West main streets in recognition that a variety of approaches may be needed in different suburbs and the whole of the Inner West hospitality and live performance sectors will need new outdoor options to operate.

The local economy has been significantly impacted by the restriction on movement due to the Covid-19 Public Health Orders. Visitation, footfall, international student numbers and tourism numbers have been significantly restricted due to the ongoing Covid-19 crisis, resulting in a loss of trade.

The Inner West is notable for its quaint, quirky and occasionally space challenged small businesses. This has always added to the attraction for locals and visitors to enjoy the Inner West’s vibrant precincts, especially at a cosy café or licensed premises. This type of selling point for the Inner West is now under threat due to post lockdown rules set by the NSW Government, requiring either a two-metre (outdoor) or four-square (outdoor) metre rule per patron. Businesses, in particular hospitality, are severely restricted in terms of capacity. This in turn effects:

· number of patrons on business premises,

· customer experience,

· money spent per bill,

· job numbers, and

· profit margins.

Prior to Covid-19 the Inner West’s Economy was worth $10.6 billion or the equivalent of 1.74% of the NSW economy. There are approximately 21,000 active businesses, though this number rises further with various businesses that operate from home or for short term periods. Just under 15,000 local business have a physical, static presence in the Inner West such as a shopfront or office. Covid-19 and the resultant downturn in the economy resulted in a loss of 2.13% the economy’s value by the end of the 2019/20 Financial Year, the equivalent of $138 million, with a similar decrease figure for the 2020/21 Financial Year expected.

The impact of Covid-19 is similarly felt elsewhere in NSW and across Australia. According to the NSW Government, Gross State Product contracted by 0.7 percent in 2019-20, with over 6 percent of the NSW workforce losing their employment. The 2020-21 projected deficit by the State Government was $16 billion and this figure will likely be repeated for the 2021-22 Financial Year Due to the ongoing lockdown and restrictions on trade. Federally, the Government has announced a budget deficit of $134 billion for the 2020/21 Financial Year.

Council Support for Local Businesses

In order to mitigate the impacts of the economic downturn and to help the business community’s confidence, Council has provided a range of support measures over the last 18 months to help businesses as they navigate a return to full time business operations. This includes, though not limited to, the following initiatives: