Agenda of Council Meeting - Tuesday, 14 March 2023

Council Meeting

14 March 2023

Minutes of Extraordinary Council Meeting held on 29 November 2022 at Ashfield Service Centre

Meeting commenced at 6.32PM

Present:
Darcy Byrne Liz Atkins Marghanita Da Cruz Jessica D’Arienzo Mark Drury Dylan Griffiths Justine Langford Pauline Lockie Kobi Shetty Chloe Smith John Stamolis Timothy Stephens Zoi Tsardoulias Peter Gainsford Simone Plummer	Mayor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor General Manager Director Planning
Ryann Midei	Director Infrastructure
Kelly Loveridge Michael Daly Beau-Jane De Costa Prue Foreman Scott Mullen James Brennan	Director Corporate Events Manager Senior Manager Governance and Risk Corporate Strategy and Engagement Manager Manager Strategic Investments and Property Consultant - EY
Katherine Paixao	Business Paper Coordinator

APOLOGIES:

Motion: (Byrne/Stephens)

That apologies from the Deputy Mayor, Councillor Scott and Councillor Howard be accepted.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Langford, Lockie, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

DISCLOSURES OF INTERESTS: Nil

C1122(2) Item 1 Annual Report 2021-22

Motion: (Drury/Griffiths)

That Council:

1. Endorse the Annual Report 2021-22 (excluding audited financial statements), publish the report on Council’s website and notify Office of Local Government; and

2. Note that the financial reports are not included in the Annual Report due to delays in asset revaluations work which took some time to complete so OLG have provided an extension through to mid-December for Inner West Council to submit the audited financial statements, which are expected to be presented to the 6 December 2022 Council meeting.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Langford, Lockie, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

Amendment (Da Cruz/Shetty)

That Council note that the financial reports are not included in the Annual Report due to delays in asset revaluations work which took some time to complete so OLG have provided an extension through to mid-December for Inner West Council to submit the audited financial statements, which are expected to be presented to the 6 December 2022 Council meeting.

Motion Carried

For Motion: Crs Atkins, Da Cruz, Griffiths, Langford, Lockie, Shetty and Stamolis

Against Motion: Crs Byrne, D'Arienzo, Drury, Smith, Stephens and Tsardoulias

As the amendment was carried, it was incorporated into the primary motion.

Procedural Motion: (Lockie/Drury)

That Council enter into Confidential session.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Langford, Lockie, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

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:

C1122(2) Item 2 Acquisition of Investment Property (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; AND commercial information of a confidential nature (Section 10A(2)(d)(ii) of the Local Government Act 1993) that would, if disclosed confer a commercial advantage on a competitor of the council.

Procedural Motion: (D’Arienzo/Stephens)

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

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Langford, Lockie, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

resolutions passed during closed session

C1122(2) Item 2 Acquisition of Investment Property

Motion: (Drury/Lockie)

That Council:

1. Approve the purchase of the property as detailed in the confidential report; and

2. Delegate authority to the General Manager to negotiate, finalise and execute the Contract for Sale with the Vendor as detailed in the confidential report.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Langford, Lockie, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

Meeting closed at 6.52pm.

Minutes of Ordinary Council Meeting held on 14 February 2023 at Ashfield Service Centre

Meeting commenced at 6.31pm

Present:

Darcy Byrne

Philippa Scott

Liz Atkins

Marghanita Da Cruz

Jessica D’Arienzo

Mark Drury

Dylan Griffiths

Mathew Howard

Justine Langford

Pauline Lockie

Kobi Shetty

Chloe Smith

John Stamolis

Timothy Stephens

Zoi Tsardoulias
Peter Gainsford

Simone Plummer

Mayor (7.01pm)

Deputy Mayor

Councillor

General Manager

Director Planning

Ryann Midei

Director Infrastructure

Ruth Callaghan

Kelly Loveridge

Beau-Jane De Costa

Matthew Pearce

Director Community

Director Corporate

Senior Manager Governance and Risk

General Counsel

Daryl Jackson

Chris Sleiman

Daniel East

Manod Wickramasinghe

Scott Mullen

Katherine Paixao

Darcie Huisman

Chief Financial Officer

Financial Partnering & Analytics Manager

Acting Senior Manager Planning

Manager Traffic and Transport Planning

Manager Strategic Investments and Property

Business Paper Coordinator

Business Paper Officer

The Deputy Mayor, Councillor Scott assumed the role as Chair in the absence of the Mayor and opened the meeting.

DISCLOSURES OF INTERESTS:

Clr Howard declared a non-significant, non-pecuniary interest in Item 6 Local Traffic Committee Meeting – 5 December 2022 as he works in the Office of the State Member for Summer Hill who has a representative on the Local Traffic Committee. He will remain and participate in the meeting for discussion and voting as the vote of the State Member is exercised through a representative.

Clr Scott declared a significant, pecuniary Interest in Item 4 67-75 Lords Road, Leichhardt - Planning Proposal as her residence is in close proximity to the development site. She will exit the chamber during discussion and voting of the item.

APOLOGIES:

Motion: (Drury/D’Arienzo)

That Council note the apology from the Mayor, Clr Byrne from 6.31pm until 7.01pm.

Motion Carried

For Motion: Crs Atkins, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

CONFIRMATION OF MINUTES

Motion: (Drury/D’Arienzo)

That the Minutes of the Council Meeting held on Tuesday, 6 December 2022 be confirmed as a correct record.

Motion Carried

For Motion: Crs Atkins, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

Motion: (Drury/D’Arienzo)

That the Minutes of the Extraordinary Council Meeting held on Tuesday, 13 December 2022 (6.00pm) and Extraordinary Council Meeting held on Tuesday, 13 December 2022 (6.30pm) be confirmed as a correct record.

Motion Carried

For Motion: Crs Atkins, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

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.

Procedural Motion (Scott/Howard)

That the Mayoral Minute be deferred until the conclusion of Reports for Council decision.

Motion Carried

For Motion: Crs Atkins, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

Procedural Motion (Scott/Drury)

That Council Suspend Standing Orders to bring forward the following items to be dealt with at this time:

1. Item 5 Post Exhibition Report 469R Princes Highway, Sydenham - Voluntary Planning Agreement

2. Item 7 Change to procurement regulations and review of Guidelines

3. Item 8 Conduct of the Local Government Election September 2024

4. Item 13 Investment Report at 30 November 2022

5. Item 14 Investment Report at 31 December 2022

6. Item 16 Impact of Airbnb on rental housing supply

7. Item 21 Notice of Motion: Tree Management in Pioneer Park

8. Item 22 Notice of Motion: Request for update on Transport for NSW (Roads) deliverable

9. Item 23 Notice of Motion: Parramatta to CBD Foreshore Link 91km path

10. Item 33 Lease of 10 Norton Street, Ashfield

11. Item 34 Appointment of Independent ARIC member

12. Item 36 RFT 27-22 External Legal Panel

Motion Carried

For Motion: Crs Atkins, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

Procedural Motion (Scott/Drury)

That the following items be moved in globo and the recommendations contained within the report be adopted.

1. Item 5 Post Exhibition Report 469R Princes Highway, Sydenham - Voluntary Planning Agreement

2. Item 7 Change to procurement regulations and review of Guidelines

3. Item 8 Conduct of the Local Government Election September 2024

4. Item 13 Investment Report at 30 November 2022

5. Item 14 Investment Report at 31 December 2022

6. Item 16 Impact of Airbnb on rental housing supply

7. Item 21 Notice of Motion: Tree Management in Pioneer Park

8. Item 22 Notice of Motion: Request for update on Transport for NSW (Roads) deliverable

9. Item 23 Notice of Motion: Parramatta to CBD Foreshore Link 91km path

10. Item 33 Lease of 10 Norton Street, Ashfield

11. Item 34 Appointment of Independent ARIC member

12. Item 36 RFT 27-22 External Legal Panel

Motion Carried

For Motion: Crs Atkins, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0223(1) Item 5 Post Exhibition Report 469R Princes Highway, Sydenham - Voluntary
Planning Agreement

Motion: (Scott/Drury)

That Council:

1. enter into the Amended Voluntary Planning Agreement for 469R Princes Highway, Sydenham as provided in Attachment 1 to this report; and

2. authorise the General Manager to approve an amendment to the parties to the amended VPA should the property be sold.

Motion Carried

For Motion: Crs Atkins, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0223(1) Item 7 Change to procurement regulations and review of Guidelines

Motion: (Scott/Drury)

That Council delegate decisions to the General Manager to decline all tenders and either:

postpone or cancel the proposal for the contract;

invite, in accordance with section 167, 168 or 169, fresh tender submissions based on the same or different details;

invite, in accordance with section 168, fresh applications from persons interested in making a tender submission for the proposed contract; and

invite, in accordance with section 169, fresh applications from persons interested in making a tender submission for contracts of the same kind as the proposed contract as per the Local Government (General) Regulation 2021.

Motion Carried

For Motion: Crs Atkins, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0223(1) Item 8 Conduct of the Local Government Election September 2024

Motion: (Scott/Drury)

The Inner West Council (“the Council”) resolves:

1. pursuant to s. 296(2) and (3) of the Local Government Act 1993 (NSW) (“the Act”) that an election arrangement be entered into by contract for the Electoral Commissioner to administer all elections of the Council;

2. pursuant to s. 296(2) and (3) of the Act, as applied and modified by s. 18, that a council poll arrangement be entered into by contract for the Electoral Commissioner to administer all council polls of the Council; and

3. pursuant to s. 296(2) and (3) of the Act, as applied and modified by s. 18, that a constitutional referendum arrangement be entered into by contract for the Electoral Commissioner to administer all constitutional referenda of the Council.

Motion Carried

For Motion: Crs Atkins, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0223(1) Item 13 Investment Report at 30 November 2022

Motion: (Scott/Drury)

That Council receive and note the report.

Motion Carried

For Motion: Crs Atkins, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0223(1) Item 14 Investment Report at 31 December 2022

Motion: (Scott/Drury)

That Council receive and note the report.

Motion Carried

For Motion: Crs Atkins, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0223(1) Item 16 Impact of Airbnb on rental housing supply

Motion: (Scott/Drury)

That Council receive and note this report.

Motion Carried

For Motion: Crs Atkins, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0223(1) Item 21 Notice of Motion: Tree Management in Pioneer Park

Motion: (Scott/Drury)

That Council receive a report on tree health and tree management at Pioneer Park to the April 2023 Council meeting. This will include a general assessment and report on tree health as well as plans for the replacement of any trees which have been removed.

Motion Carried

For Motion: Crs Atkins, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0223(1) Item 22 Notice of Motion: Request for update on Transport for NSW
(Roads) deliverables

Motion: (Scott/Drury)

That Council write to the Minister for Transport requesting:

a traffic study be undertaken to improve traffic conditions on Wolseley St and Dobroyd Parade be undertaken following TfNSW’s decision to retain the closure of Northcote Street at Parramatta Road, Haberfield which has impacted amenity in these adjacent streets;

implementation of 40km/h speed limit in Haberfield West - the area between Dobroyd Parade (West) Wattle Street, Martin Street and Parramatta Road including Ramsay Street;

an update on the creation of new Public Transport Lanes on Parramatta Road between Norton Street Leichhardt and Burwood Road. (condition of Westconnex Stage 1);

implementation of High Pedestrian Activity Area (HPAA) including reduction of Speed Limit in Haberfield Village on Ramsay Street and Dalhousie Street (as promised in 2019);

priority for the Speed Limit reduction Frederick Street (due August 2022 ) and upgrading pedestrian safety when crossing Frederick Street, Ashfield particularly at John Street, following the death of a Pedestrian on the at grade markings;

information regarding the Future of the Cove Street Depot Haberfield, between Dobroyd Parade and Dobroyd Canal;

provision of an additional Pedestrian Crossing leg across Parramatta Road, on the Western Side of the intersection of Parramatta Road and Frederick Street, Ashfield;

approval to commence the Parramatta Road Urban Amenity Improvement Program (PRUAIP) new cycleway from Parramatta Road to Mallet Street, Annandale;

investigation on the Crescent Annandale to provide a safe and continuous bike path; and

10. attention to both legal and illegal right hand turns into and out of Darley Road to streets and laneways between William St and City West Link which results in State Road traffic rat running through the local road network.

Motion Carried

For Motion: Crs Atkins, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0223(1) Item 23 Notice of Motion: Parramatta to CBD Foreshore Link 91km path

Motion: (Scott/Drury)

That Council:

express support for a continuous 91km active transport path linking Parramatta to the CBD along the foreshore;

supply any existing reports or maps produced by Council (e.g. Leichhardt Council) which may assist in enhancing the path or links to the path from within our municipality; and

advocate for the Glebe Island Bridge to be included as part of the path concept.

Motion Carried

For Motion: Crs Atkins, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0223(1) Item 33 Lease of 10 Norton Street, Ashfield

Motion: (Scott/Drury)

That Council approves the lease and delegates authority to the General Manager to finalise and execute the lease agreement in accordance with the details contained in the confidential report.

Motion Carried

For Motion: Crs Atkins, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0223(1) Item 34 Appointment of Independent ARIC member

Motion: (Scott/Drury)

That Council:

resolves to appoint Ilona Meyer to the Inner West Council Audit, Risk and Improvement Committee, for a period of four years, with an option for re- appointment for a further four years, subject to a formal review of the members performance; and

writes to Heather Smith thanking her and acknowledging the significant contribution she has made to Council as an Independent Member of the Audit, Risk and Improvement Committee for the past eight years.

Motion Carried

For Motion: Crs Atkins, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0223(1) Item 36 RFT 27-22 External Legal Panel

Motion: (Scott/Drury)

That the tenders submitted below be accepted for the Inner West Council’s External Legal Provider Panel:

Apex Planning and Environment Law;

Clayton Utz;

HWL Ebsworth Lawyers;

Lindsay Taylor Lawyers;

Maddocks;

Hall and Wilcox Lawyers;

Sparkes Helmore Lawyers; and

Houston Dearn O’Connor Lawyers.

Motion Carried

For Motion: Crs Atkins, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

The Mayor, Councillor Byrne entered the Meeting at 7:01 pm. The Deputy Mayor, Councillor Scott vacated the chair and the Mayor, Councillor Byrne assumed the chair.

C0223(1) Item 1 December Quarterly Budget Reporting Statement, and Delivery Program 2022-26 and Operational Plan 2022-23 - Quarter Two Report

Motion: (Drury/Lockie)

That Council adopt the Second Quarter Budget Review for 2022-23.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0223(1) Item 2 Inner West Council De-Amalgamation Business Case

Motion: (Scott/Drury)

That Council:

1. submits the Deamalgamation Business Case, as considered by Council at the 13 September and the 6 December 2022 Council Meeting, with the additional attachment of the Ernst and Young risk report, to the Minister for Local Government; and

2. includes the approved covering letter with the submission to the Minister for Local Government, that sets out clearly that de-amalgamation, should it occur, be done only on the following terms:

a) that the full costs of the de-amalgamation being between $178 million - $190 million be paid in full by the NSW Government, prior to the commencement of the de-amalgamation, with no costs to be borne by Inner West ratepayers; and

b) that the duly democratically elected representatives of Council will remain in office and the NSW Government will not install an interim unelected administrator.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Scott, Shetty, Smith, Stephens and Tsardoulias

Against Motion: Crs Langford, Lockie and Stamolis

C0223(1) Item 3 Main Street Revitalisation Expression of Interest process

Motion: (Scott/Byrne)

That Council endorses the process outlined in the report to call for Expressions of Interest from a coalition of local businesses, main street property owners, chambers of commerce, community and arts organisations to partner with Council in main street improvement projects, subject to:

the addition of an expert, independent member to the panel to evaluate Stage 1 EOIs; and

additional resourcing being provided for promotion of the Stage 1 EOI application process and development of promising submissions through the Stage 2 EOI process.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

The Deputy Mayor, Councillor Scott left the Meeting at 7:15 pm as she declared a significant, pecuniary interest in Item 4 67-75 Lords Road, Leichhardt - Planning Proposal as her residence is in close proximity to the development site.

C0223(1) Item 4 67-75 Lords Road, Leichhardt - Planning Proposal

Motion: (Drury/Da Cruz)

That Council:

1. Does not support the Planning Proposal prepared by FPD Pty Ltd dated 3 August 2022 for 67-75 Lords Road, Leichhardt for the following reasons:

a) the Planning Proposal is inconsistent with Ministerial Direction 1.5 Parramatta Road Corridor Urban Transformation Strategy (PRCUTS Strategy) 1.5 (1)(a)(b) and (c) as the proposal does not adequately give effect to the objectives 1.5(a) of the Ministerial Direction and is inconsistent with Strategic Actions within the PRCUTS Strategy, and the Planning and Design Guidelines;

b) it fails the strategic and site-specific merit test of the Guidelines for Preparing Planning Proposals pursuant to Section 3.33 of the Environmental Planning and Assessment Act 1979 (EP&A Act);

c) it is inconsistent with the following Council’s adopted Policies:

i. Local Strategic Planning Statement (LSPS);

ii. Local Housing Strategy;

iii. Employment and Retail Lands Strategy;

iv. Affordable Housing Policy; and

v. Community Strategic Plan

d) it is inconsistent with the following Ministerial Directions:

i. Implementation of Regional Plans;

ii. 1.5 Parramatta Road Corridor Urban Transformation Strategy; and

iii. 4.1 Flooding.

e) it is inconsistent with State Environmental Planning Policy (Housing) 2021;

f) the proposed design is unsatisfactory with respect to:

i. flooding;

ii. site servicing, access and circulation; and

iii. built form controls, including setbacks, building separation, open space.

recommend that the Planning Proposal should not be progressed to the Minister of Planning in accordance with section 3.34 of the EP&A Act;

should the proponent request a Rezoning Review by the NSW Department of Planning and Environment, or submit an amended Planning Proposal to Council the following matters should be considered in the assessment in addition to the matters in recommendation 1 above:

i. the Planning Proposal be amended to omit business premises and office premises from the proposed Additional Permitted Uses;

ii. the Planning Proposal be amended to include a local provision requiring a minimum of 3,000sqm of non-residential uses;

iii. that an Affordable Housing Contributions Scheme be prepared as part of the Planning Proposal or a Planning Agreement be negotiated. The affordable housing percentage of residential development to comply with Inner West Affordable Housing Policy, being 15% subject to a detailed feasibility analysis;

iv. discussions be held with Council, DPE and TfNSW on the implementation of the Parramatta Road Corridor Precinct-wide Transport and Traffic Study as relevant to the Planning Proposal site;

v. provide an updated Traffic and Parking Analysis report and any other specialist reports (as necessary) utilising and reflecting the most up to date data available;

vi. consideration should be given to the proposed RE1 Public Recreation zone along the western boundary (75 Lords Road);

vii. consideration should be given to the inadequate floor to ceiling heights of the light industrial units; and

viii. a flood risk and impact assessment including pre- and post-development flood modelling be undertaken to satisfy the requirements of the Ministerial Direction 4.1 Flooding.

in accordance with action 13.9 of the Inner West LSPS, write to the Minister seeking a variation to the ministerial direction to retain employment lands in PRCUTS.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

Absent: Cr Scott

The Deputy Mayor, Councillor Scott returned to the Meeting at 7:25 pm.

C0223(1) Item 6 Local Traffic Committee Meeting - 5 December 2022

Motion: (Howard/D’Arienzo)

That the Minutes of the Local Traffic Committee meeting held on 5 December 2022 be received and the recommendations be adopted subject to the following additions to Item 2 Tempe Reserve, Tempe – Temporary Road Closures for Sydney IGLFA Soccer Tournament 20-23 February 2023 – (Midjuburi - Marrickville Ward/Heffron Electorate/Newtown LAC):

That:

no objection be raised to the Soccer Tournament over the four day period between 11 February to 5 March 2023 subject to the applicant complying with the following conditions:

a) the Traffic Management Plan (TMP) be reviewed and updated accordingly to address issues raised in this report.

Reason – to ensure the event runs safely and efficiently throughout this period and to address any unforeseen issues arising;

b) the applicant is to provide an estimate of expected traffic volume figures attending the event. This shall include details about the average arrivals/departures per day as well as peak hour arrivals/departures. Furthermore, direction(s) of traffic flow needs to be included in this analysis (ie. of where traffic is going to and coming from).

Reason - This information is required for each day to assess the impact of any possible traffic congestion at the signalised intersection of Holbeach Avenue and Princes Highway;

c) an updated TMP be sent to TfNSW for their review and comment.
Reason – to ensure TfNSW is aware of the event series and can provide comment on any impact(s) on the operation of the signalised intersection of Highway and Holbeach Avenue, Tempe;

d) notification of the proposed event be forwarded to the NSW Police, Transit Systems and State Transit Authority (Kingsgrove Depot), the NSW Fire Brigade and the NSW Ambulance Services.
Reason – so emergency services and transport services are aware of the event series and can plan around the event;

e) affected residents and/or businesses are notified in writing at least two weeks prior to event and the event organiser and traffic control company contact details and names be included in the notification letters.
Reason – so residents and businesses are aware of the event series and can plan around event;

f) adequate vehicular traffic control shall be provided for the protection and convenience of pedestrians and motorists including appropriate signage and flagging. TCP must be implemented on the day(s) by an appropriate certified traffic controller (designer of TCP or similar certification). Workers shall be specially designated for this role (and carry appropriate certificates), as necessary to comply with this condition. This is to be carried out in accordance with the Australian Standard AS 1742.3 - Traffic Control Devices for works on roads.
Reason – to ensure that the management of pedestrians, cyclists, vehicles and road other users is undertaken in a safe and efficient manner.

additional traffic controllers to be situated at:

a) the western end of South Street;

b) Bay Street east of Princes Highway;

c) Station Street east of Princes Highway; and

d) Hart Street east of Princes Highway.

the above comments of the Local Traffic Committee be received and noted;

note the request from ten or more residents for a resident parking scheme in the area bounded by the Princes Highway and South Street, Smith Street and Holbeach Avenue, Tempe, and commence investigation of such a scheme; and
at the conclusion of that investigation, commence a Parking Study of the area around Tempe Reserve as noted in the Tempe Reserve Plan of Management.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0223(1) Item 9 Post Exhibition - Amended Model Code of Meeting Practice

Motion: (Scott/Drury)

That Council adopts the draft Model Code of Meeting Practice in Attachment 1.

Motion Carried

For Motion: Crs Byrne, D'Arienzo, Drury, Howard, Scott, Smith, Stephens and Tsardoulias

Against Motion: Crs Atkins, Da Cruz, Griffiths, Langford, Lockie, Shetty and Stamolis

C0223(1) Item 10 National General Assembly of Local Government 2023

Motion: (Scott/Drury)

That Council:

Determine the Councillors attending the National General Assembly of Local Government 2023 will be the Mayor, Councillor Byrne, Councillors D’Arienzo, Drury, Da Cruz, Griffiths, Langford, Atkins and Lockie.

Determine the one (1) councillor that will be the voting delegate will be the Mayor, Cr Byrne; and

Note the following motions, that meet the National General Assembly’s criteria, will be submitted on behalf of Council after being brought to the March 2023 Ordinary Council meeting:

a) Fossil free investment options for big banks (Drury); and

b) Referendum on the Voice to Parliament (Byrne).

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0223(1) Item 11 Councillor Representation on Committees

Motion: (Scott/Stephens)

That Council determine Councillor representation on Council and External Committees until September 2024, as detailed in this report, subject to the following amendments:

Customer Service Review Committee: Remove Clr Shetty, add Clr Atkins;

Local Traffic Committee: Remove Alternate Clr Langford, replace Alternate Clr Smith;
Cooks River Alliance Board: Remove Alternate Clr Langford, replace Alternate Clr Stephens; and

NSW Public Libraries Association: Remove Alternate Clr Shetty (note paper wrongly states Clr Langford), replace Alternate Clr Griffiths

Motion Carried

For Motion: Crs Byrne, D'Arienzo, Drury, Griffiths, Howard, Lockie, Scott, Smith, Stephens and Tsardoulias

Against Motion: Crs Atkins, Da Cruz, Langford, Shetty and Stamolis

Amendment (Langford/Stamolis)

That points 2 and 3 be deleted from the primary motion.

Motion Lost

For Motion: Crs Atkins, Da Cruz, Griffiths, Langford, Lockie, Shetty and Stephens

Against Motion: Crs Byrne, D'Arienzo, Drury, Howard, Scott, Smith, Stamolis and Tsardoulias

Procedural Motion (Shetty/Griffiths)

That point 5 of the Stamolis/Da Cruz amendment be voted on in seriatum.

Motion Lost

For Motion: Crs Atkins, Da Cruz, Griffiths, Langford, Lockie, Shetty and Stamolis

Against Motion: Crs Byrne, D'Arienzo, Drury, Howard, Scott, Smith, Stephens and Tsardoulias

Amendment (Stamolis/Da Cruz)

That Council:

note that the 15 Councillors of the Inner West can participate in 14 committees offering 30 positions (excluding alternates);

to ensure that all Councillors are provided with the opportunity to participate on Council committees;

to establish an appeals process or review process for Councillors who have been excluded from participation on Council committees;

The Mayor ruled point 3 out of order as it is inconsistent with the Local Government Act 1993. This was not voted on.

increase the number of committee members on the Major Capital Projects Committee to 6 and appoint Councillor Stamolis.

Motion Lost

For Motion: Crs Atkins, Da Cruz, Griffiths, Langford, Lockie, Shetty and Stamolis

Against Motion: Crs Byrne, D'Arienzo, Drury, Howard, Scott, Smith, Stephens and Tsardoulias

increase the number of councillor committee members on the Audit, Risk and Improvement Committee to 3 and nominate Councillor Stamolis.

Point 5 of the Stamolis/Da Cruz amendment was withdrawn by Councillor Stamolis prior to voting on the amendment.

Procedural Motion (Scott/Howard)

That Council allow the Mayor, Councillor Byrne to speak for 2 additional minutes on Item 38.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0223(1) Item 38 Mayoral Minute: Inner West BBQ for the Voice to Parliament

Motion: (Byrne)

That Council:

1. Endorse the convening of the Inner West BBQ for the Voice to Parliament this Saturday February 18 at Petersham Park as well as the provision of in-kind support from Council including:

a) the opening of Fanny Durack pool for free public access;

b) promotion of the event through Council’s communications channels; and

c) staff time in organising the event.

2. Further endorse the allocation of funds for an Aboriginal band to perform, the provision of audio equipment and the purchase of sausages for the BBQ. The funding of these costs, estimated to be approximately $10,000 is to be identified and reported through the next quarterly budget review.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0223(1) Item 12 2021/22 Annual Disclosure of Interest

Motion: (Drury/Scott)

That Council note the amended Annual Disclosure of Interest Return for Councillor Darcy Byrne.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Lockie, Scott, Shetty, Smith, Stephens and Tsardoulias

Against Motion: Crs Langford and Stamolis

C0223(1) Item 15 Investment Report at 31 January 2023

Motion: (Drury/Lockie)

That Council receive and note the report.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

Procedural Motion (Scott/D’Arienzo)

That Council allow Councillor Smith to speak for 1 additional minute on Item 17.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0223(1) Item 17 Arts Summit - Update and Draft Report for Endorsement

Motion: (Smith/Howard)

That Council:

receive and note the report; and

amend point 3 in the Draft Inner West Council Arts and Music Recovery Plan to reflect that open days for all 8 Town Halls will be held by June 2023.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

Councillor Griffiths left the Meeting at 8:22 pm.

Councillor Griffiths returned to the Meeting at 8:27 pm.

C0223(1) Item 18 Update to the Land Register

Motion: (Scott/Drury)

That Council:

receive and note the report; and

to identify what impact the changes to the Land and Property Register will have on the valuation of Councils assets.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

Procedural Motion (Byrne/D’Arienzo)

That the meeting be adjourned for 10 minutes.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

The meeting was adjourned at 8.27pm

The meeting recommenced at 8.42pm

C0223(1) Item 19 Update on Town Halls

Motion: (Howard/Scott)

That Council receive and note the report.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

Procedural Motion (Byrne/Smith)

That Council allow Councillor Drury to speak for 1 additional minute in Item 20.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0223(1) Item 20 Notice of Motion to Rescind: C1122(1) Item 21 Notice of Motion:
Council Advertising and Inner West News

Motion: (Shetty/Atkins)

That Council rescind C1122(1) Item 21 Notice of Motion: Council Advertising and Inner West News being:

That Council:

1. Taking into consideration any formal contractual obligations Council has direct all our advertising expenditure to the Inner West Council Newsletters and Social Media;

2. Increase the number of Inner West Council Newsletters by one, taking the total number of editions to eleven per year; and

3. Upgrade the 14 community noticeboards.

Motion Lost

For Motion: Crs Atkins, Da Cruz, Griffiths, Langford, Lockie, Shetty and Stamolis

Against Motion: Crs Byrne, D'Arienzo, Drury, Howard, Scott, Smith, Stephens and Tsardoulias

Procedural Motion: (Shetty/Stephens)

That Council allow the Councillor Griffiths to speak for 1 additional minute in Item 24.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

Procedural Motion: (Shetty/Langford)

That Council allow Councillor Lockie to speak on an amendment for 1 additional minute in Item 24.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0223(1) Item 24 Notice of Motion: Protecting the Right to Peaceful Non-Violent
Protest in NSW

Motion: (Shetty/Griffiths)

That:

Council acknowledge that the right to protest is fundamental in a democratic society;

Council commit to support and facilitate the right of the community, including climate activists, to peacefully protest in the Inner West Local Government Area; and

the Mayor urgently write to the NSW Attorney General, NSW Shadow Attorney General, the NSW Minister for Police and the Commissioner for Police to:

a) express support for the right of peaceful gathering, meeting, and assembly in NSW; and

b) express the Inner West Council’s support for the review of protest laws introduced in NSW in April 2022.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

Amendment (Stephens/Drury)

That points 2 and 3 be amended to the following wording:

Commit to support and facilitate the right of the community, including climate activists, to peacefully protest in the Inner West Local Government Area; and

The Mayor urgently write to the NSW Attorney General, NSW Shadow Attorney General, the NSW Minister for Police and the Commissioner for Police to:

a) express support for the right of peaceful gathering, meeting, and assembly in NSW; and

b) express the Inner West Council’s support for the review of protest laws introduced in NSW in April 2022.

Motion Carried

For Motion: Crs Byrne, D'Arienzo, Drury, Howard, Scott, Smith, Stephens and Tsardoulias

Against Motion: Crs Atkins, Da Cruz, Griffiths, Langford, Lockie, Shetty and Stamolis

As the amendment was carried, it was incorporated in to the primary motion.

C0223(1) Item 25 Notice of Motion: School-based market leases

Motion: (Scott/Byrne)

That Council write to Minister for Education:

1. Seeking assurance that the contracts and leases for the school-based markets in the Inner West Council Local Government Area at Orange Grove Public School and Rozelle Public School are not at risk; and

2. Seeking a timeline for their tender and confirmation that market tenders are being proactively managed.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

Procedural Motion: (Stephens/Scott)

That Council allow the Mayor, Councillor Byrne to speak for 1 additional minute in Item 26.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0223(1) Item 26 Notice of Motion: Callan Park community use

Procedural Motion: (Drury/Stephens)

That the Motion be put.

Motion Carried

For Motion: Crs Byrne, D'Arienzo, Drury, Howard, Scott, Smith, Stephens and Tsardoulias

Against Motion: Crs Atkins, Da Cruz, Griffiths, Langford, Lockie, Shetty and Stamolis

Procedural Motion (Griffiths)

That a motion of dissent be moved in the chairperson’s ruling of not allowing Councillor Shetty speak to remarks of misrepresentation.

Motion Lost

For Motion: Crs Atkins, Da Cruz, Griffiths, Langford, Lockie, Shetty and Stamolis

Against Motion: Crs Byrne, D'Arienzo, Drury, Howard, Scott, Smith, Stephens and Tsardoulias

Motion: (Scott/Byrne)

That Council:

1. note that the Leichhardt Women’s’ Community Health Centre (LWCHC) have compassionately and diligently served the community for many decades and despite being burdened with an outdated funding model, have through their own skill and efficiency, expanded their service and have now outgrown their premises on Thornley Street Leichhardt;

2. note that LWCHC have over the summer period asked Council for assistance to support their efforts to find additional premises;

3. note that LWCHC were encouraged to participate in an application process for use of space at Callan Park, and have not heard from the State Member for Balmain Jamie Parker or the Planning Minister Rob Stokes with regard to the status of their application; and

4. write to the State Member for Balmain and the Minister for Planning asking for an update on the Callan Park community health precinct application process that local not for profit groups in good faith participated in, and request that they be provided with a response.

Motion Carried

For Motion: Crs Atkins, Byrne, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Cr Da Cruz

Amendment (Shetty/Stamolis)

That Council replace points 3 and 4 of the primary motion with the following wording:

supports the LCWHC in any future efforts to obtain additional space.

Motion Lost

For Motion: Crs Atkins, Da Cruz, Griffiths, Langford, Lockie, Shetty and Stamolis

Against Motion: Crs Byrne, D'Arienzo, Drury, Howard, Scott, Smith, Stephens and Tsardoulias

Amendment (Da Cruz/Stamolis)

That Council consider suitable Council-owned properties available to provide accommodation to the Leichhardt Women’s’ Community Health Centre (LWCHC)

Motion Lost

For Motion: Crs Atkins, Da Cruz, Griffiths, Langford, Lockie, Shetty and Stamolis

Against Motion: Crs Byrne, D'Arienzo, Drury, Howard, Scott, Smith, Stephens and Tsardoulias

C0223(1) Item 27 Notice of Motion: Rozelle Parklands Transport and Traffic
Assessment

Motion: (Byrne/Scott)

That:

Council note that Transport for NSW had yesterday provided written advice that they will finally fund a parking and traffic analysis for Rozelle Parklands;

Council further note that no timeline has been provided for the analysis to be undertaken;

Council write to the NSW Minister for Transport insisting upon the traffic analysis being undertaken immediately with input from Council and the community;

the local community be fully involved and consulted in any traffic and parking studies undertaken in the area; and

bicycle groups also be consulted.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0223(1) Item 28 Notice of Motion: St Peter’s Station Accessibility

Motion: (Atkins/Langford)

That Council:

1. note the recent work at St Peter’s station and the very welcome installation of lifts between platforms and concourse;

2. note the replacement of the Goodsell Street entrance ramp with steps; and

3. write to the NSW Minister for Transport thanking the government for installing lifts at St Peters Station and seeking direct step-free access to those lifts from Goodsell Street.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

Procedural Motion (Howard/Scott)

That Council enter into Confidential session.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

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:

C0223(1) Item 32 Update on the acquisition of investment properties (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 and (Section 10A(2)(d)(ii) of the Local Government Act 1993) that would, if disclosed confer a commercial advantage on a competitor of the council.

C0223(1) Item 35 Summer Hill Reuse Centre – Update (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.

C0223(1) Item 37 RFT 20-22 HJ Mahoney Reserve Amenities Works (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 and (Section 10A(2)(d)(i) of the Local Government Act 1993) that would, if disclosed prejudice the commercial position of the person who supplied it.

Procedural Motion (Howard/Scott)

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

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

resolutions passed during closed session

C0223(1) Item 32 Update on the acquisition of investment properties

Motion: Drury/Scott)

That Council receive and note the report.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0223(1) Item 35 Summer Hill Reuse Centre – Update

Motion: (Drury/Griffiths)

That Council:

1. approves further discussions with other interested parties who did not provide a submission to the EOI, and have subsequently contacted Council, to occupy any remaining space for the purpose of reuse and recycling; and

2. investigates opportunities to locate a Reverse Vending Machine on the site.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

Amendment: (Langford/Da Cruz)

That an additional point be added to the primary motion:

investigates opportunities of having an artist in residence at the Summer Hill Reuse Centre.

Motion Lost

For Motion: Crs Atkins, Da Cruz, Langford, Shetty and Stamolis

Against Motion: Crs Byrne, D'Arienzo, Drury, Griffiths, Howard, Lockie, Scott, Smith, Stephens and Tsardoulias

C0223(1) Item 37 RFT 20-22 HJ Mahoney Reserve Amenities Works

Motion: (Howard/Byrne)

That Council:

cancel tender T20-22 HJ Mahoney Memorial Reserve Amenities Work and decline all associated tender submissions; and

continue a procurement process to deliver the HJ Mahony Reserve Amenities Work as a matter of priority.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

Meeting closed at 10.12pm.

Public Speakers:

Item #	Speaker	Suburb
Item 4	Michael File Hall Greenland	Sydney Leichhardt
Item 22	Peter Humphreys	Haberfield
Item 24	Anastasia Radievska	Marrickville
Item 28	Gloria Muir	St Peters

DISCUSSION

At its Ordinary Council meeting held on 26 October 2021, Council noted that the Tree DCP 2020 was inconsistent with the NSW Vegetation SEPP and the Environmental Planning and Assessment Act. Council resolved to review the DCP and report back to Council.

Feedback from the community over the past 24 months has identified a range of issues in regard to the workability of the Tree DCP application processes. These comments were regarding the complexity around categories for application types at lodgment, high application costs and property damage claims.

Council received an increase in applications after the adoption of the Tree DCP 2020 of 148%. This slowed the turnaround time on applications to a minimum of 12 weeks as additional staffing was not available.

This version of the policy aims to address:

· Standardisation of key definitions with other legislation and neighbouring Councils to

limit confusion for industry practitioners,

· provide distance exemptions to limit risk and claims to dwelling houses,

· provide further exemptions to allow property owners to manage minor vegetation works

on their property without Council consent (where other legislation does not prohibit),

· provide simplification of the application system for users (reduce application types and simplify criteria,

· lower permit fees by introducing a consistent fee structure to match the existing development application fee structure,

· speed up application processing times as there will be less applications regarding the above exemptions and less insurance claims for property damage,

· free up staff time to allow compliance investigations for conditions of consent for replanting to meet Council’s current and future canopy targets,

· have trees sustainably growing in optimum locations, providing maximum canopy cover on properties to meet Council canopy targets, mitigating the effects of global heating and creating more liveable, cool spaces around dwellings.

At Council’s meeting on 10th May 2022, Council resolved to:

1. Place the attached draft Tree Management component of the Development Control Plan (TREE DCP 2022) on public exhibition and;

2. That the draft Tree DCP 2022 be reported back to Council with the community feedback results.

Minor amendments regarding the definition of a ‘dwelling’ were discussed during the meeting and changes were requested to be made to include multi-unit dwellings. These were added and standardised to match the Environmental Planning and Assessment Act 1979 prior to exhibition. The draft document was placed on exhibition for the period 3 June - 7 July 2022 via Your Say Inner West (YSIW) engagement platform. The results are included in the enclosed document further below.

By way of summary of the community feedback, whilst a portion of the community initially responded ‘No’ to not support this policy, through the review and analysis of feedback received, Council is confident that the community concerns have been addressed.

In this regard, respondents are in favour of a policy that protects more trees, provides increased canopy and biodiversity outcomes and provides accountability to the community through compliance activities. Draft Tree Management DCP 2023 demonstrates that it can provide those outcomes as well as provide a less complex application process. Draft Tree Management DCP 2023 has been updated to reflect the changes in the current State Environmental Planning Policy (SEPP) Biodiversity and Conservation 2021 and all previous legal issues have been resolved in full.

At Council’s meeting on 8th November 2022, Council resolved to

That Council defer the report to the December meeting to receive a summary table of
the criteria for applications in the draft DCP in comparison to the existing DCP.

A summary table of the criteria was presented to the Council meeting on 6 December 2022. At this meeting it was resolved:

That Council defer the report to the March 2023 Council meeting in order to receive a councillor workshop on the criteria for applications in the draft DCP in comparison to the existing DCP, including: an explanation of the assessments referenced in the draft DCP criteria, and a plan for appropriate compliance activities, including a compliance certificate system and other activities to ensure planting of replacement trees.

To appreciate the further feedback received, additional refinement of the draft Tree Management DCP2023 has been undertaken to provide an even more user-friendly document that provides clarify.

The application assessment criteria was amended to reflect Tree DCP 2020 and provide an easy to understand assessment criteria for users to appreciate how Council assesses trees and what Council requires as supporting information for a merit based assessment. The exempt pruning provision was extended to allow further exempt works (10%) and to come into line with some neighbouring Councils. Formatting and numbering through the document has been changed to allow for simplicity of reading and reflect the documents’ final location in the consolidated Inner West Council DCP. There has been no material change to the document exhibited.

To accompany the draft Tree Management DCP 2023, Council is updating its compliance process to strengthen our approach and ensure planting of replacement trees associated with tree applications. This includes advice of tree removals to the community, new robust conditions of consent requiring replanting, and an internal audit process to provide governance of the system.

A Councillor workshop was held on 7 March 2023 which provided explanation of these items.

It should be noted that draft Tree Management DCP2022 has been renamed draft Tree Management DCP2023 to reflect the new calendar year the item is being considered for adoption.

It is recommended that draft Tree Management DCP 2023 be adopted.

Timing

Draft Tree Management DCP 2023 is proposed to come into effect on 1 April 2023.

This will allow time for Council staff to update/upgrade the website to help customers get the correct information that pertains to their individual circumstance.

Fees and Charges

At the moment 40% of trees are assessed for free under a minor works application. The remainder of trees are assessed under an application fee for 1-3 trees at a cost of $243.20 with an additional fee per tree after of $48.80.

It is planned that the Draft Tree Management DCP 2023 will have all applications assessed through the application fee process. The current fee of $243.20 is higher than a number of neighbouring Councils and it is recommended that the new cost is based on the costs of works proposed via the application and align with other Council development applications. In this regard, a new tree application fee structure based on the cost of works ($154 for works proposed less than $5000 and $243.20 for works proposed greater than $5000) is proposed which would need to be exhibited on endorsement of the new DCP.

Draft Tree Management DCP 2023 can come into effect earlier using the existing fee. It is recommended that Council exhibit a new fee structure as a part of the annual fees and charges process which would commence on 1 July 2023.

FINANCIAL IMPLICATIONS

There are no financial implications associated with the implementation the proposed recommendations outlined in the report.

ATTACHMENTS

1.⇩

Draft Tree Management DCP 2023

ENCLOSED DOCUMENT

Community feedback

The following community feedback was included in previous reports to Council on TreeDCP2022 and is included for completeness:

The engagement was promoted by Inner West Council using a number of means, including:

· Social media

· Media release

· Your Say Inner West monthly e-news

· Council website

Engagement outcomes

Outcomes of community engagement received through the online survey and written feedback forms have been collated. Respondents were asked to answer one mandatory question ‘Do you support the draft Tree Development Control Plan (Tree DCP 2022)?’. Council received 200 responses.

With the initial question, the majority of respondents did not support the draft Tree DCP 2022. Following this question, Council asked for clarifying statements so we could understand the in-depth nuances of responses. Council undertook an analysis of the ‘No’ and ‘Not sure/neutral’ responses, reviewing the 151 accompanying submission statements. Most submissions covered a range of issues.

From these, 263 individual issues were identified and grouped into themes as follows:

Of note was the number of ‘No’ respondents that did not supply a clarifying statement and the reoccurring theme of respondents directly quoting the same issues.

Councils’ responses to themes

Issues raised throughout the community issues submission and reflected in the wider themes outlined by respondents are addressed below.

No comment

· 30% of ‘No, Not sure/neutral’ responses did not provide further clarification.

Stronger provisions

· 30% of ‘No, Not sure/neutral’ respondents wanted stronger provisions. Proposed Tree DCP 2022 has proposed stricter controls on plant dimensions, including more trees and allowing Council to include them in its canopy mapping (as they are currently excluded). This will help Council monitor more accurately canopy planting and changes over time.

· IWC DCP 2020 is currently giving a guaranteed approval by distance. This is perceived as a 2m exemption distance with conditions applied. Tree DCP 2022 is proposing strong and in-line provisions with neighbouring Councils. A comparison with neighbouring local government areas is below.

· Proposed DCP 2022 has a stricter exempt list than DCP 2020 as it only includes species contained within the NSW Biosecurity Act.

Stronger compliance of replanting conditions

· A point of concern with Tree DCP 2020 is that there is little compliance with replanting requirements from approvals. Council is currently updating its compliance process in parallel to the new Tree DCP to strengthen our approach.

Legally required change, exemption distance and reduced liability

· Determinations provided under Tree DCP 2020 was deemed non-binding with the minor works permit, and the ‘guaranteed approval’ if the tree is located within 2m of a building should a replacement tree be replanted. Having this mandatory application with a guaranteed approval does not increase management over tree loss in the IWC area as there is no compliance capacity under Tree DCP 2020.

Legally, Council cannot apply a distance exemption across property boundaries due to complications with ownership and trespass under common law. Council has deleted the minor works permit as part of this policy to not only ensure legality but to allow a homeowners have discretionary powers to protect dwelling foundations.

There is no requirement to replant trees that qualify as exempt by distance in Tree DCP 2022. The removal of this provision would be inhibitive to homeowners if Council removed the exemption distance and may expose Council to greater liability for property damage claims.

Customer personal experience and improvements for a customer focussed, legally compliant application process

· Proposed DCP 2022 has a simplified list of application types. Tree applications and development applications.

o Development applications are required for heritage items and heritage conservation areas as per the SEPP. Council has received legal advice regarding this issue. This requirement cannot be deleted for the DCP to be compliant.

o Tree applications will be the primary application type unless you live in a heritage conservation area or own a heritage item. It allows Council to undertake its assessment requirements under the federal Biodiversity and Conservation Act and NSW Biodiversity SEPP for habitat assessment.

· Council has analysed the specific personal experience themed responses relating to the process and experience of application lodgement to determination. Council will address this through tree process improvement initiatives and the tree website overhaul that will include simplified messaging and ease of lodgement with the adoption of Tree DCP 2022. This is an incredibly detailed and complex improvement to customer service which will take a significant amount of time to test and implement.

Outside of scope

· Comments outside of the scope and intention of this policy include the Tree DCP’s link to urban forest policy and climate change, heritage and planning control conflicts and Aerial Bundled Cables (ABC). These topics are listed for discussion and inclusion in future urban forest policy, strategy, and operational plan harmonisation projects due for completion in 2023/24.

Council Meeting

14 March 2023

Item No: C0323(1) Item 4

Subject: Draft Development Control Plan - 122-130 Pyrmont Bridge Road and 206 Parramatta Road Annandale

Prepared By: Daniel East - Acting Senior Manager Planning

Authorised By: Simone Plummer - Director Planning

RECOMMENDATION

That Council place the draft site-specific Leichhardt Development Control Plan 2013 amendment for 122-130 Pyrmont Bridge Road and 206 Parramatta Road, Annandale on public exhibition in accordance with requirements of Council’s Community Engagement Framework, Environmental Planning and Assessment Act 1979 and Assessment Regulation 2021.

DISCUSSION

This report seeks to provide an update on the draft Local Environmental Plan (LEP) and Development Control Plan (DCP) amendment for the site 122-130 Pyrmont Bridge Road and 206 Parramatta Road, Annandale.

It also seeks approval to commence the community consultation associated with the Site Specific DCP. Given that the State Government’s Sydney Eastern City Planning Panel (SECPP) has approved the LEP controls for finalisation, it is prudent for Council to have detailed DCP controls in place before any development application is lodged for the site to minimise any potential impacts on the community.

Council’s support is sought for this draft DCP amendment to be placed on public exhibition in line with the requirements of Council’s Community Engagement Framework, Environmental Planning and Assessment (EP&A Act 1979) and Environmental Planning and Assessment (EP&A Regulation 2021). Following this community consultation, a post exhibition report will be brought to Council for consideration.

1. Background

On 30 June 2021, Council received a Planning Proposal request for the site. The Planning Proposal was assessed and reported to the Inner West Local Planning Panel (IWLPP) in September 2021. However, in October 2021 the proponent lodged a Rezoning Review to the Department of Planning & Environment (DPE). On 30 November 2021, the Sydney Eastern City Planning Panel (SECPP) determined to support the proponent’s Planning Proposal with modifications as it considered the proposal to have demonstrated strategic merit consistent with State and Local Government strategies.

On 12 May 2022, DPE issued a Gateway Determination for the proposal to proceed to public exhibition subject to modifications. The Planning Proposal was exhibited by DPE for 22 working days, from 23 June 2022 to 22 July 2022. A total of seven submissions were received by DPE, including a submission made by Inner West Council. Six submissions were from Government agencies and one submission of support was received from a local resident. Subsequently, the SECPP on 17 November 2022 and advised the Minister for Planning to support the LEP amendment. As a result, Council's role is to prepare the site-specific DCP amendment to support the future LEP controls for the site.

2. The Site and Context

The IN2 Light industrial zoned site (Figure 1) is located at the corner of Pyrmont Bridge Road and Parramatta Road with additional road frontages to Cahill Street to the north and Mathieson Street to the west. The site comprises 7 lots, with a total site area of approximately 2,570m². The existing buildings on the site include three commercial buildings (each two storeys) with ground level car parking to the rear of 130 Pyrmont Bridge Road.

Figure 1: The subject site

The site is located within the Camperdown precinct (Figure 2) of the Parramatta Road Corridor Urban Transformation Strategy (PRCUTS) which was given statutory force via Section 9.1 Ministerial Direction in November 2016. It is also located on the western periphery of the Tech Central Precinct, within the Camperdown activity node (Figure 3) and identified in the Greater Cities Commission’s (GCC) endorsed Camperdown-Ultimo Collaboration Area Place Strategy 2018.

Figure 2: Subject site in context with PRCUTS Camperdown precinct

Figure 3: Subject site in context with Tech Central

1. Draft site-specific LEP Amendment

The Planning Proposal i.e. draft site-specific LEP amendment, as exhibited and subsequently supported by SECPP for finalisation, seeks to:

· Rezone the site from IN2 Light Industrial to B5 Business Development Zone

· Increase the FSR from 1:1 to 4:1

· Introduce a new height of building control of 35m (equivalent to 8 storeys)

· Allow retail premises as an additional permitted use

· Introduce a new local provision which requires the proposed development to satisfy the below criteria prior to being granted development consent:

o confirms the objective of the proposed development is to encourage health, education and cultural uses in the Camperdown-Ultimo Collaboration Area.

o deliver at least 75% of the floorspace as employment uses associated with health, education, research, technology and creative uses

o prohibit tourist and visitor accommodation

o provide active frontages to Mathieson Street, Parramatta Road and Pyrmont Bridge Road

o address traffic on the adjoining street network including but not limited to Parramatta Road, Mathieson Street, Pyrmont Bridge Road, Cahill Street, Cahill Lane, Water Street and Gordon Street

o include end of journey facilities to support walking and cycling.

o require state infrastructure contributions

· Require a site-specific DCP to be in place prior to approval of development application.

It is expected that DPE will finalise this LEP amendment by March 2023.

2. Site-specific DCP amendment

The proponent’s Planning Proposal is accompanied with a draft site-specific DCP amendment to Leichhardt DCP 2013 which was submitted to Council for assessment in March 2022. Council officers undertook a detailed assessment of the DCP and identified gaps in relation to built form, public domain, parking and access controls.

Subsequently, a revised draft DCP amendment has been prepared by Council officers which intends to support the proposed LEP amendment and deliver more detailed controls with respect to future built form, sustainability, public domain, among other matters.

Key components of this draft DCP include:

· Built form and urban design to provide detailed guidance on height, setbacks and transition (see Figures 3-6).

· Public Domain treatment to integrate with Council’s masterplan along Pyrmont Bridge Road and future plans around Mathieson Street and Cahill Street. This includes land dedication to Council – 6m along Mathieson Street and 3m along Cahill Street. Additionally, setbacks are required to provide right of way/ easement along Pyrmont Bridge Road and a new public plaza along Mathieson Street entrance (see Figures 3-7).

· Landscaping and Deep Soil planting which requires minimum 10% deep soil planting along Mathieson Street and 15% tree canopy cover (see Figure 7).

· Ecologically Sustainable Development to deliver a minimum 5 Star Green Star Buildings Certified Rating and include passive design features, water sensitive urban design, full electrification of utilities and recycled water use.

· Parking and access with requirements for car/motorcycle/bike parking, vehicular access (See Figure 8), Electric Vehicle charging etc.

Figure 3: Indicative site plan layout and public domain improvements

Figure 4: Built form setback on Cahill Street

Figure 5: Built form setback on Mathieson Street

Figure 6: Built form setback on Pyrmont Bridge Road

Figure 7: Deep soil and landscaped area

Figure 8: Access points

This draft DCP has been prepared in accordance with the Division 3.6 of the Environmental Planning & Assessment Act (EP&A Act) 1979 and Division 2 of the Environmental Planning & Assessment Regulation (EP&A Regulation) 2021. Council’s support is sought for this draft DCP amendment to be placed on public exhibition for 28 days in line with the requirements of Council’s Community Engagement Framework, EP&A Act 1979 and EP&A Regulation 2021.

3. Relationship with Tech Central work

Council is currently undertaking precinct-planning work for Camperdown (“Camperdown Structure Plan”) to implement PRCUTS and Tech Central’s aspirations of a globally competitive health and education precinct. The scope of works includes investigation of new land-uses, built form, connections, and public domain improvements to realise the precinct’s potential as a health and education precinct.

This jointly commissioned project with NSW Health, Sydney Local Health District, GCC and City of Sydney is expected to be completed in late 2023 and will provide recommendations for future LEP/DCP controls for the Camperdown precinct. The Planning Proposal (Attachment 4) and associated draft DCP for this site comes ahead of Council’s work on the precinct-wide Structure Plan. Council officers have considered the wider Tech Central work and precinct-planning work in drafting of the site-specific DCP to ensure alignment with key projects which are being undertaken simultaneously.

4. Status of Planning Agreement

Council’s Property team is negotiating a Planning Agreement with the proponent in relation to the proposed public domain upgrades and dedication of parts of site to Council. These matters relate to:

· Provision of setbacks along Cahill Street, Mathieson Street and Pyrmont Bridge Road;

· Provision of new Shared zone along Mathieson Street to provide walking and cycling connection along Mathieson Street towards Johnstons Creek;

· New public plaza(s) at the intersection of Mathieson Street, Parramatta Road and Pyrmont Bridge Road.

Exhibition of the planning agreement and its finalisation is critical to deliver its public domain outcomes as envisaged in the draft site-specific LEP/ DCP.

FINANCIAL IMPLICATIONS

There are no financial implications associated with the implementation the proposed recommendations outlined in the report.

ATTACHMENTS

1.⇩	Draft DCP for 122-130 Pyrmont Bridge Road and 206 Parramatta, Road Annandale
2.⇩	Council's Submission to State Government - Public Exhibition of Planning Proposal
3.⇩	Sydney Eastern City Planning Panel Decision Post Exhibition
4.⇩	Planning Proposal document as exhibited

1.⇩	Enmore Road Engagement Outcomes Report
2.⇩	Enmore Road SEP Planning Proposal
3.⇩	Special Entertainment Precinct Management Plan
4.⇩	Draft Development Control Plan Section 2.26 - Special Entertainment Precincts
5	Local Planning Panel meeting minutes

Ward	Item
Baludarri (Balmain)	Darling Street between Mort Street and Curtis Road, Balmain - Road Occupancy - ANZAC Day Dawn Service
	The Terrace, Birchgrove - Proposed Kerb Extension and Landscaped Garden Bed
	Gow Street at Punch Street and Fitzroy Avenue, Birchgrove - Proposed Kerb Extension and New Footpath
	Nelson Street, Rozelle - Proposed 'Motor Bike Only' Parking Restrictions
	Missing ‘No Stopping’ sign on Charles Lane, Lilyfield
	Request for more ‘Kiss and Ride’ spaces outside Balmain Public School
Gulgadya (Leichhardt)	Balmain Road, Leichhardt (At Hill Street) - Proposed Pedestrian Improvement Works
Gulgadya (Leichhardt)	Balmain Road, Leichhardt (At Stanley Street) - Proposed Pedestrian Improvement Works
Midjuburi (Marrickville)	Challis Avenue at Albermarle Street, Dulwich Hill – Proposed Kerb Extension and New Footpath (Design Plan No.10225)
	Church Street, St Peters – Proposed Marked Parking Bays
	437 – 439 Illawarra Road, Marrickville – ENR1/2020/0157 Condition 3 – Signs and Line Markings Plan - DA 201800560
	Harriet Street, Marrickville - Resident Parking Scheme Proposal
	Pedestrian safety at the intersection of Edgeware Road, Alice Street and Llewellyn Street, Newtown
	Wardell Road, Dulwich Hill – Proposed Temporary Pedestrian (Zebra) Crosssing
Djarrawunang (Ashfield)	Intersection of Edward Street and Mungo Scott Place/ Wellesley Street, Summer Hill - Proposed Kerb Blister Islands and New Pram Ramps
	Update on improvements to the Frederick Street, Ashfield crossing
	Parking on Kensington Road at Liverpool Road, Summer Hill
	Wardell Road, Dulwich Hill – Proposed Temporary Pedestrian (Zebra) Crosssing
Damun (Stanmore)	Kingston Road, Camperdown – proposal to formalize ‘Mail Zone’ outside 21-25 Kingston Road
	Pedestrian safety at the intersection of Edgeware Road, Alice Street and Llewellyn Street, Newtown
	Request for ‘No Stopping’ zone in rear lane of Edgeware Road, Newtown
	Impacts to residential permit parking around Enmore Road Special Entertainment Precinct
	Pedestrian crossing button on Station Street at Enmore Road, Newtown
All Wards	Traffic Management Investigation Policy
	Pedestrian Crossings Review
	Converting one-way streets to two-way for cyclists
	Change of TfNSW representative on Traffic Committee

1.⇩	23 June 2020 Council Report
2.⇩	23 June 2020 Council Report VPA Details
3.⇩	Amended VPA showing mark ups
4.⇩	MOD20220143 - 1-13 Parramatta Road Annandale - DA801 - DA802 - DA803
5.⇩	Explanatory Note - 1-13 Parramatta Road Annandale

Activity	First IOSS contract term (01/09/2017 – 30/06/2020)	Second IOSS contract term to date (01/07/2020 – 28/02/2023)	Total – IWC (01/09/2017 – 28/02/2023)
Total activities: Prevention, education and investigation	361	386	747
Average utilisation of the service	43%	30%	37%
Number of investigations	276	246	522
Number of recommendations made	39	105	144
Percentage of recommendations accepted	100%	100%	100%
Prevention: Advice	51	90	141
Prevention: Policy review	17	20	37
Education: Training – development and delivery	17	30	47

Area	# trailers originally identified	# voluntarily removed during process	# impounded by Council	Post pilot trailer occupancy
Hawthorne Pde	11	9	2	7
Balmain Rd	25	24 (inc. 3 Claimed but not moved due to extensions granted)	1	17
Lilyfield Rd	7	6	1	2
Darley Rd	20	19	1	18

1.⇩	Draft GSP Draft MOU
2.⇩	GSP MOU Draft Terms of Reference

1.⇩	Little Villages Identification
2.⇩	Little Villages Design Evaluation and Budget

1.⇩	Local Traffic Committee Meeting Minutes - 20 February 2023
2.⇩	Extraordinary Local Traffic Committee Meeting Minutes - 28 February 2023

1.⇩	IWC Investment Report - February 2023
2.⇩	IWC Economic & Investment Portfolio Commentary - February 2023

	New Starters	Terminations	Total Staff
2017	150	95	1117
2018	162	194	1099
2019	156	183	1075
2020	119	117	1089
2021	102	130	1081
2022	152	187	1079

	Actual	Actual	Actual	Actual
Year	2018/19	2019/20	2020/21	2021/22
Expenditure	170,038	214,904	235,214	33,142

	Budget	Budget
Year	2022/23	2023/24
Forecasted Expenditure	691,858	3,225,000

1.	Confidential Report - Update on acquistion of investment property - Confidential This attachment is confidential in accordance to 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; AND commercial information of a confidential nature (Section 10A(2)(d)(ii) of the Local Government Act 1993) that would, if disclosed confer a commercial advantage on a competitor of the council.
2.	Letter of Offer - Confidential This attachment is confidential in accordance to 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; AND commercial information of a confidential nature (Section 10A(2)(d)(ii) of the Local Government Act 1993) that would, if disclosed confer a commercial advantage on a competitor of the council.
3.⇩	Shortlisted Property - Confidential This attachment is confidential in accordance to 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; AND commercial information of a confidential nature (Section 10A(2)(d)(ii) of the Local Government Act 1993) that would, if disclosed confer a commercial advantage on a competitor of the council.
4.	EY Initial DD Report V12 - Confidential This attachment is confidential in accordance to 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; AND commercial information of a confidential nature (Section 10A(2)(d)(ii) of the Local Government Act 1993) that would, if disclosed confer a commercial advantage on a competitor of the council.

Chair	Carl Scully
Alternate expert representatives	Jan Murrell
	Roberta Ryan
Council appointed representatives	Mayor Darcy Byrne
	Deputy Mayor Phillipa Scott
	Brian McDonald
	Deborah Laidlaw