AGENDA R

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Council Meeting

                            

TUESDAY 14 MARCH 2023

 

6.30pm

 


Council Meeting

14 March 2023

 

Live Streaming of Council Meeting

 

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

 

Pre-Registration to Speak at Council Meetings

 

Members of the public must register by 2pm of the day of the Meeting to speak at Council Meetings. If you wish to register to speak please fill in a Register to Speak Form, available from the Inner West Council website, including:

 

Are there any rules for speaking at a Council Meeting?

The following rules apply when addressing a Council meeting:

 

What happens after I submit the form?

You will be contacted by Governance Staff to confirm your registration. If you indicated that you will speak online, you will be provided with a link to the online meeting. Your request will then be added to a list that is shown to the Chairperson on the night of the meeting.

 

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

 

Accessibility

 

Inner West Council is committed to ensuring people with a disability have equal opportunity to take part in Council and Committee Meetings. At the Ashfield Council Chambers there is a hearing loop service available to assist persons with a hearing impairment. If you have any other access or disability related participation needs and wish to know more, call 9392 5657.

 

Persons in the public gallery are advised that under the Local Government Act 1993, a person may NOT record a Council meeting without the permission of Council.

 

Any persons found recording without authority will be expelled from the meeting.

 

“Record” includes the use of any form of audio, video and still camera equipment or mobile phone capable of recording speech.

 

An audio recording of this meeting will be taken for the purpose of verifying the accuracy of the minutes.  

 

 

               

 

 

 

Statement of Ethical Obligations

 

The Mayor and Councillors are bound by the Oath/ Affirmation of Office made at the start of the Council term to undertake their civic duties in the best interests of the people of the Inner West Council and to faithfully and impartially carry out the functions, powers, authorities and discretions vested in them under the Local Government Act or any other Act, to the best of their skill and judgement.

 

It is also a requirement that the Mayor and Councillors disclose conflicts of interest in relation to items listed for consideration on the Agenda or which are considered at this meeting in accordance with Council’s Code of Conduct and Code of Meeting Practice.

 

 

 

   


Council Meeting

14 March 2023

 

 

 

PRECIS

 

 

1          Acknowledgement of Country

 

2          Apologies

 

3          Notice of Webcasting

 

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

 

5          Moment of Quiet Contemplation

 

6          Confirmation of Minutes                                                                                          Page

Minutes of 29 November 2022 Council Meeting                                                              7

Minutes of 14 February 2023 Council Meeting                                                              10

 

7          Public Forum – Hearing from All Registered Speakers

8          Condolence Motions

 

ITEM                                                                                                                                    Page

 

C0323(1) Item 1  Condolence Motion: Passing of Australian Poet Antigone Kefala             34

 

9          Mayoral Minutes

 

Nil at the time of printing.

10        Reports for Council Decision

 

ITEM                                                                                                                                    Page

 

C0323(1) Item 2       Tree Management DCP 2023                                                                37

C0323(1) Item 3       Memorandum of Understanding Greater Sydney Parklands and Inner West Council                                                                                                    55

C0323(1) Item 4       Draft Development Control Plan - 122-130 Pyrmont Bridge Road and 206 Parramatta Road Annandale                                                                 81

C0323(1) Item 5       Planning Proposal - Enmore Road Special Entertainment Precinct   203

C0323(1) Item 6       Little Villages Signage                                                                          332

C0323(1) Item 7       Local Traffic Committee Meeting - February 2023                              355

C0323(1) Item 8       1 - 13 Parramatta Road, Annandale - VPA Approval to notify            376

C0323(1) Item 9       Internal Ombudsman Renewal of Contract                                          437

C0323(1) Item 10     Councillor and Staff Interaction Policy                                                 440

C0323(1) Item 11     Rescheduling of June 2023 Council Meeting                                      456

 

 

11        Reports for Noting

 

ITEM                                                                                                                                    Page

 

C0323(1) Item 12     Pedestrianisation of Main Streets                                                        457

C0323(1) Item 13     Complying development in Inner West Council under the Low-Rise Housing Diversity Code                                                                                      460

C0323(1) Item 14     Update Report on The Implementation of Public Spaces (Unattended Property) Act 2021                                                                                               462

C0323(1) Item 15     Investment Report at 28 February 2023                                              471

 

12        Notices of Motion

 

ITEM                                                                                                                                    Page

 

C0323(1) Item 16     Notice of Motion: Returning Planning Powers to Local Councils        496

C0323(1) Item 17     Notice of Motion: Haberfield District Celebrates 93rd Anniversary     497

C0323(1) Item 18     Notice of Motion: South Australia: First Nations Voice to Parliament 498

C0323(1) Item 19     Notice of Motion: Pedestrian Safety at Cardinal Freeman Village      502

C0323(1) Item 20     Notice of Motion: Town Hall Open Days and Activations                    503

C0323(1) Item 21     Notice of Motion: Pride Inner West and Mardi Gras                            505

C0323(1) Item 22     Notice of Motion: Motion for the 2023 National General Assembly of Local Government: Preventing greenwashing and promoting ethical and climate positive investments in Local Government Super Funds                    506

C0323(1) Item 23     Notice of Motion:  Urgent Maintenance and Improvement of Pedestrian Safety on Bayview Avenue Bridge, Tempe                                                     510

C0323(1) Item 24     Notice of Motion: Improving Pedestrian Safety on Wardell Road Bridge, Marrickville                                                                                            511

C0323(1) Item 25     Notice of Motion: Motion for the 2023 National General Assembly of Local Government - Banks to offer more investment products                     512

 

13        Questions From Councillors

 

ITEM                                                                                                                                    Page

 

C0323(1) Item 26     Question on Notice: Staff changes                                                      513

C0323(1) Item 27     Question on Notice: Employee Termination Costs                              514

C0323(1) Item 28     Question on Notice: Inner West Bushcare Sites                                 515

C0323(1) Item 29     Question on Notice: Road Repair Funding Grant $5 Million               516

C0323(1) Item 30     Question on Notice: LPAC Masterplan Expenditure                           518

C0323(1) Item 31     Question on Notice: GreenWay Works                                                520

C0323(1) Item 32     Question on Notice: Urban Ecology Team Recruitment                      522

 

 

 

 

14        Reports with Confidential Information

 

Reports appearing in this section of the Business Paper are confidential in their entirety or contain confidential information in attachments.

 

The confidential information has been circulated separately.

 

ITEM                                                                                                                                    Page

 

C0323(1) Item 33     Update on the acquisition of investment properties                             523

C0323(1) Item 34     Panel Member Appointment - Sydney Eastern City Planning Panel (SECPP) 525

C0323(1) Item 35     FOGO Processing Contract Update                                                    528

 


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

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

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:

 

  1. postpone or cancel the proposal for the contract;

 

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

 

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

 

  1. 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:

 

  1. 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;

 

  1. 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;

 

  1. 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);

 

  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);

 

  1. 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;

 

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

 

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

 

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

 

  1. 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:

 

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

 

  1. 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

 

  1. 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:

 

  1. 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

 

  1. 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:

 

  1. Apex Planning and Environment Law;

 

  1. Clayton Utz;

 

  1. HWL Ebsworth Lawyers;

 

  1. Lindsay Taylor Lawyers;

 

  1. Maddocks;

 

  1. Hall and Wilcox Lawyers;

 

  1. Sparkes Helmore Lawyers; and

 

  1. 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:

 

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

 

  1. 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.

 

  1. 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;

 

  1. 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.

 

  1. 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:

 

  1. 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.

 

  1. 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.

 

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

 

  1. 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

  2. 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:

 

  1. 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.

 

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

 

  1. 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:

 

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

 

  1. Local Traffic Committee: Remove Alternate Clr Langford, replace Alternate Clr Smith;

  2. Cooks River Alliance Board: Remove Alternate Clr Langford, replace Alternate Clr Stephens; and

 

  1. 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:

 

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

 

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

 

  1. 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.

 

  1. 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

 

 

  1. 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:

 

  1. receive and note the report; and

 

  1. 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:

 

  1. receive and note the report; and

 

  1. 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:

 

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

 

  1. 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

 

  1. 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:

 

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

 

  1. 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:

 

  1. 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:

 

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

 

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

 

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

 

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

 

  1. 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:

 

  1. 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:

 

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

 

  1. 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

 

 

 

 


Council Meeting

14 March 2023

 

Item No:         C0323(1) Item 1

Subject:         Condolence Motion: Passing of Australian Poet Antigone Kefala           

From:             Councillor Marghanita Da Cruz  

 

 

MOTION

 

1.   That Council note the passing of Antigone Kefala.

 

2.   That Council plant a tree in her memory in Annandale.

 

3.   That Council ensure we have all her books in our library collection.

 

4.   That Council support an exhibition at Leichhardt Library curated by her friend Beth Hatton.

 

Background

At a time when the Federal Government is reviving support for the arts, and plans to appoint a Poet Laureate, it is poignant that in December 2022 the Inner West lost one of its most distinguished residents, with the death of poet and author Antigone Kefala.

Antigone Kefala at a public reading of her work

 

Born in Romania to Greek parents, Kefala and her family fled after Soviet Occupation, first to Greece and on to New Zealand. Already literate in Romanian, French and Greek, Kefala then set about learning English, in which language she wrote from then on.

After moving to Australia, in 1960 Kefala bought her house in Annandale, and this is where she wrote all her books - five poetry collections, three novels, two children’s books and three collections of ‘journals’.

Recently Kefala achieved national honours, with the Judith Wright Calanthe Poetry Award in 2017 and the Patrick White Literary Award in 2022. She is the subject of two scholarly books as well as a conference held at the University of NSW.

“We met Antigone 44 years ago, when she was at the first peak of her career and often mentioned in the press. ‘The Bulletin’ had just published a big photograph of her stepping from a train, looking like a star in a European movie ! We greatly benefited from her enthusiastic support of our artistic careers, and she also became godmother to our daughter Ileana.” Warwick & Beth Hatton, Annandale.

 

Max at Johnstons Creek canal, Annandale (Illustration by Warwick Hatton for Max) 2009

 

“Antigone was a dear friend and neighbour for nearly 40 years who took a keen interest in local politics and community projects. In the 1980s and 1990s she supported the Save Rozelle Bay campaign to transform the industrial waterfront of Annandale into a regional park. She also spent many hours mentoring Barbara during her PhD studies. Two of our cats, including Max from her book Max The Confessions of a Cat, moved from our house to hers.” Beth & Barbara Buchanan.

“Antigone Kefala was a lifelong supporter of other artists and writers, especially culturally diverse people. That occurred in her work as Multicultural Arts Officer at the Australia Council but also in our experience of her as a friend, supporting the Kelly Street Kolektiv gallery in Ultimo that Hilik was involved in, the Sydney Poets Union that Anna was involved in and later The Shop Gallery that Anna and Hilik run in Glebe.” Anna Couani & Hilik Mirankar.

 

ATTACHMENTS

Nil.

 


Council Meeting

14 March 2023

 

Item No:         C0323(1) Item 2

Subject:         Tree Management DCP 2023           

Prepared By:      Lisa Murphy - Urban Forest Manager  

Authorised By:  Ryann Midei - Director Infrastructure

 

RECOMMENDATION

 

1.    That Council adopt the Development Control Plan (Tree Management DCP 2023) to commence on 1 April 2023.

 

2.    That Council exhibit 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), as a part of the 2023/2024 Fees and Charges.

 

 


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

 














Council Meeting

14 March 2023

 

Item No:         C0323(1) Item 3

Subject:         Memorandum of Understanding Greater Sydney Parklands and Inner West Council           

Prepared By:      Aaron Callaghan - Parks and Recreation Planning Manager 

Authorised By:  Simone Plummer - Director Planning

 

 

RECOMMENDATION

 

That Council endorses the negotiation and future signing of a Memorandum of Understanding (MOU) between Council, the Greater Sydney Parklands and NSW Health (the parties) in recognition of the regional importance of Callan Park and delegate authority to the General Manager to execute the MOU and any associated documentation.

 

 

DISCUSSION

Callan Park is the largest area of open space in the Inner West and one of the most iconic urban parklands in Sydney. The ongoing management and embellishment of Callan Park is of critical interest to Council and the community.  Callan Park is 61 hectares in size. The Greater Sydney Parklands manages Precinct 1 which equates to 38 hectares of the site (refer to Fig 1.0).

 


 

 

Fig 1.0 Management Zones Callan Park

 

The Greater Sydney Parklands was formed in 2022 as part of the enactment of the Greater Sydney Parklands Trust Act 2022 (the Act) which was enacted on 1 July 2022.

Greater Sydney Parklands includes:

 

·    Centennial Parklands

·    Callan Park

·    Western Sydney Parklands

·    Parramatta Park and;

·    Fernhill Estate

 

NSW Health Administration Corporation (HAC) owns 22 hectares of the parklands – in Precincts 2, 3, 4, 5 and 6.

 

Formation of Community Trust Boards

 

In 2022 Trust Boards were established for the parklands. The Trust boards for each of the five listed parkland areas are made up of seven community members and provide advice to Greater Sydney Parklands about park management and local community issues.

 

Key functions of the community trustee board include:

 

•     Provide informed strategic advice to the GSPT Board on matters relating to Callan Park (importantly the Callan Park community Trust board will also be a consultative body for the GSP Trust in relation to the development and review of a future of management for the parkland)

•     Advise, share information and facilitate partnerships that assist Greater Sydney Parklands to develop its plans and increase community connections

•     Advocate on behalf of and promote understanding of the needs of and issues affecting the local community, ensuring inclusion and equity of access for community members

•     Contribute local knowledge on relevant issues, emerging trends, opportunities and community needs.

 

Mayor Darcy Byrne is Council’s nominated representative on the Community Trust Board.

 

Proposed Memorandum of Understanding

Callan Park is a significant regional open space. The parklands are of critical importance to the Inner West community as an urban parkland which has significant heritage, cultural and recreational values. In this respect Council has an important and ongoing role in ensuring good governance of the parklands. 

Council officers currently have an operational working relationship with the staff at the Greater Sydney Parklands (GSP) and meet regularly with GSP staff to discuss community matters, recreation and cultural needs, legislative and policy issues. Council also has license arrangements in place with the GSP which govern operational management and community access arrangements to three sporting grounds within the parkland, as well as the Refugee Welcome Centre, the Balmain Road Public Toilets, and the former Electrical store. Importantly under the Callan Park Act 2003, Council is also the consent authority for the parklands.

 

Currently there are no formal arrangements in place governing the working relationship with the GSP. The GSP has proposed a Memorandum of Understanding between Council, NSW Health and the GSP which will formalise the establishment of a working forum to the parties to work together and collaborate on issues of mutual relevance in Callan Park. The purpose of the MOU is to provide a structured format and respectful relationship for meetings and information sharing on all matters affecting Callan Park.  In addition, the draft MOU also formalises the operational responsibilities of each of the organisations, these are summarised below and represent existing practice;

 

·    Companion Animal Management-limited to Council’s legislative responsibilities concerning dog attacks within the park only (as pursuant to the Companion Animals Act 1988). Council will not be involved in enforcing on or off leash rules within the park. The GSP authority has their own ranger service in this respect.

·    Sporting Ground Management and Allocations-Council has management and maintenance responsibilities as pursuant to its license agreements with the GSP in relation to the Balmain Road Sporting Ground, the Glover Street Sporting Grounds and the Waterfront Sporting Grounds. 

·    Waste management-Council currently manages all waste management bins in the parkland areas of the Callan Park.

·    Heritage and Cultural Planning-Council remains the consent authority for the parklands.

 

A draft MOU and terms of reference (refer to Attachment 1 & 2) has been reviewed by Council’s Legal services team. No binding issues have been identified and the general consensus is that the draft MOU represents good governance in terms of ongoing collaboration, respectful relationship management and information sharing between the relevant parties. The draft MOU is subject to final minor editing and signing. In this respect it is recommended that any final MOU once approved by Council’s Legal Services section is signed by Council’s General Manager.

 

The MOU does not suggest any changes in the responsibilities Council has currently accepted in relation to Callan Park.

 

 

 

FINANCIAL IMPLICATIONS

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

 

ATTACHMENTS

1.

Draft GSP Draft MOU

2.

GSP MOU Draft Terms of Reference

 

 


Council Meeting

14 March 2023

 





















Council Meeting

14 March 2023

 





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:

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

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

prohibit tourist and visitor accommodation

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

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

include end of journey facilities to support walking and cycling.

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

 

 


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Item No:         C0323(1) Item 5

Subject:         Planning Proposal - Enmore Road Special Entertainment Precinct            

Prepared By:      Daniel East - Acting Senior Manager Planning 

Authorised By:  Simone Plummer - Director Planning

 

 

RECOMMENDATION

 

1.   That Council supports the Planning Proposal to designate Enmore Road as Special Entertainment Precinct on a permanent basis and submit it to the Minister for Planning seeking a Gateway Determination under section 3.33 and 3.34 of the Environmental Planning and Assessment Act 1979.

 

2.   That Council place the Planning Proposal and draft DCP amendments on community consultation in accordance with Council's Community Engagement Framework to meet the requirements of the Gateway Determination, Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2021, should the Planning Proposal receive a favourable Gateway Determination.

 

3.   That Council request delegation from the Minister for Planning to manage the plan making functions of the Planning Proposal.

 

4.   That Council authorise the General Manager to make minor/technical modifications to the Planning proposal, Development Control Plan, and Special Entertainment Precinct Management Plan, prior to exhibition.

 

 

DISCUSSION

The Enmore Road Special Entertainment Precinct (SEP) began as a 3-month pilot program and aims to revive live music and entertainment, activate local businesses and the nighttime economy; and create more places for our community to enjoy.  Venues within the precinct are encouraged to provide live entertainment and will have an extension on both their trading hours and outdoor dining as an incentive to prioritise the arts.

 

Between September and November 2022, a survey was open for the public to indicate their support or opposition to the SEP; with a significant 91% of the 310 responses in support. As most responders were in support of the SEP continuing, the SEP was extended on a trial basis until 31 July 2023. The extension gives Council time to consult the community and venues about their experience of the precinct and to prepare a planning proposal to make the precinct permanent.

 

A survey of local businesses and residents gauged support and identified potential impacts. The survey closed 24 February 2023 and an engagement outcomes report has been provided in Attachment 1. The survey showed continued community support for the SEP.

 

A planning proposal must be submitted to the Department of Planning and Environment to amend the Inner West Local Environmental Plan 2022 (refer to Attachment 2) for the SEP to become permanent. This would allow amplified music to be regulated by Council in accordance with the Special Entertainment Precinct Management Plan (refer to Attachment 3).

 

A new Development Control Plan (DCP) chapter (refer to Attachment 4) is also proposed to be added to the Marrickville DCP. This will:

 

·    Require new or modified sensitive receivers such as residential accommodation and office premises to attenuate against entertainment noise in and around the precinct,

·    Require new or modified venues to demonstrate they can operate without breaching set sound limitations, and

·    Require future proofing of commercial tenancies within new or modified mixed use developments to allow them to be used as entertainment facilities without needing further attenuation.

 

It is intended to place the DCP on public exhibition alongside the planning proposal once a Gateway Determination has been received from DPE. It should also be noted that information will be included on planning certificates to inform existing and future residents that a property is located within a sound category area of a Special Entertainment Precinct.

 

As per accepted practice in the making of Planning Proposals, in the event minor or administrative changes are required to clarify a definition that does not materially alter the document, it is recommended the General Manager has the delegation to make said minor amendments.  

 

FINANCIAL IMPLICATIONS

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

 

SUPPLEMENTARY INFORMATION AS AT 13 MARCH 2023

 

LOCAL PLANNING PANEL ADVICE

The planning proposal was considered by the Inner West Local Planning Panel on 9 March 2023. The panel resolved to advise Council that the planning proposal has strategic merit and should be submitted to the Minister of Planning for a Gateway Determination. They also suggested amendments to the Planning Proposal and the supporting DCP and precinct management plan. If the planning proposal proceeds to the next stage, these matters will be addressed by Council officers during the consultation phase. The minutes of the Local Planning Panel meeting are contained in Attachment 5.

 

 

 

ATTACHMENTS

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

 

 


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Item No:         C0323(1) Item 6

Subject:         Little Villages Signage           

Prepared By:      Daniel East - Acting Senior Manager Planning  

Authorised By:  Simone Plummer - Director Planning

 

 

RECOMMENDATION

 

1.   That Council proceed on the:

a)    development of designs for the Little Village Gateway and Wayfinding Signs in Petersham, Marrickville and Leichhardt; and

b)    development of designs for the Little Village pole mounted signs in Leichhardt.

 

2.   That funding to implement Clauses 1a and b above, being $285,000, form part of the draft budget consideration for 2023/24 Financial Year.

 

 

DISCUSSION

At its Extraordinary Council meeting on 13 December 2022 Council resolved in part that:

1.   A further report be provided by March 2023 for Council’s consideration following completion of an analysis of appropriate locations, designs and costs for the large scale “little villages” signs;

2.   Upon provision of a cost estimate being provided to Council, this will form part of the budget consideration for 2023-24 financial year;

 

A site specific approach proposes alternate solutions for each village centre, that responds to specific local opportunities and is illustrated at Attachment 1 with

·    The location of each proposed sign

·    An illustrative graphic of the proposed signage

·    An illustrative graphic of other concepts considered that require further investigation, budget and/or risk.

 

During the investigations the following spatial constraints were identified and considered,

·    The need to accommodate pedestrian movement to and from shops;

·    Consideration of visual site lines; and

·    The existence of existing trees, planting, banners and furnishings.

 

Consideration of these led to the identification of the following range of signage types as illustrated in Attachment 1, although not all of them have been recommended to process as per the evaluation below and further identified in Attachment 2.

 

1.         Gateway and Wayfinding Signs – All villages

2.         Pole Mounted Signs in Marrickville and Leichhardt

3.         Large scale signs in Petersham, Marrickville and Leichhardt

·    Little Portugal: Perfect Match opportunity at the landmark Petersham reservoir;

·    Little Vietnam - A giant lettering sign on the corner of Illawarra Road and Calvert Street; and

·    Little Italy - A giant lettering sign on the corner of Norton and Marion Streets.

 

Attachment 2 includes detailed comments on issues with each of the sign types proposed, as well as an indicative breakdown of costs.

 

Evaluation of Proposed Signs

 

Gateway and wayfinding signs

The Little Village gateway and wayfinding signs are the key sign type for conveying the village message and are derived from the core wayfinding sign to be installed in Leichhardt under the Parramatta Road Urban Amenity Improvement Program (PRUAIP). It is proposed that these core wayfinding signs are extended to other villages, with distinctive graphics and colours adopted to convey the local cultural theme. Attachment 2 indicates the estimated budget required to proceed with these signs in Petersham, Marrickville and Leichhardt is $255,000.

It is recommended that Council proceed.

 

Pole mounted signs

The second sign type is the pole mounted sign proposed for Norton Street (Little Italy), to be located on the existing poles Council owns and is considered to be cost effective and practical to install.

Attachment 2 indicates the estimated budget required to proceed with these signs in Leichhardt is $30,000. It is recommended that Council proceed.

 

The design study also investigated pole mounted signs in the median of Marrickville Road (Little Greece), however proceeding on these signs is not recommended at this time, due to the significant investment required to replace the poles for a ole type that supports the signage. However this item will be incorporated into investigations as a part of the Marrickville Town Centre master plan process .  

 

Attachment 2 indicates the estimated budget required to proceed with these signs in Marrickville is $200,000. It is not recommended that Council proceed at this stage.

 

Large scale signs

A number of options were investigated for large scale signage and three options are included in Attachment 1 for Petersham (Little Portugal), Marrickville (Little Vietnam) and Leichhardt (Little Italy).

Water tower mural - the proposal for a large Perfect Match mural at the Sydney Water reservoir in Petersham has permissibility (heritage and ownership) and feasibility (scale) issues and requires further investigation.  It is reminiscent of the silo art seen in country NSW.

 

The potential cost of this has not been explored.

 

Giant lettering signs - the proposals for giant lettering signs at Marrickville (Little Vietnam) and Leichhardt (Little Italy) require further and extensive design development in consultation with respective communities and Leichhardt Public School. With refinement of the concept design proposals, it is expected that both of these signs could deliver an attractive landmark although with some significant cost.

 

Attachment 2 indicates the estimated budget required to proceed with these signs in Marrickville and Leichhardt is $180,000. It is not recommended that Council proceed at this stage but further investigation through the town centre master plan process will occur.

 

 

 

 

Next Steps

 

If the Little Village signage is supported, the next steps would be for Council to:

 

•           Procure artists to assist with community engagement and finalising the imagery to be used

•           Prepare a quotation package with a signage inventory and sign design details, enabling Council to procure construction of the works.

 

FINANCIAL IMPLICATIONS

The report recommends proceeding with the development of Little Village signage in Petersham, Marrickville and Leichhardt, requiring funding of $285,000. This funding has formed part of the draft budget consideration for 2023/24 Financial Year.

 

 

ATTACHMENTS

1.

Little Villages Identification

2.

Little Villages Design Evaluation and Budget

 

 


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14 March 2023

 

Item No:         C0323(1) Item 7

Subject:         Local Traffic Committee Meeting - February 2023           

Prepared By:          Manod Wickramasinghe - Traffic and Transport Planning Manager 

Authorised By:       Ryann Midei - Director Infrastructure

 

 

 

RECOMMENDATION

 

1.   That the Minutes of the Local Traffic Committee meeting held on 20 February 2023 be received and the recommendations be adopted.

 

2.   That the Minutes of the Extraordinary Local Traffic Committee meeting held on 28 February 2023 be received and the recommendations be adopted.

 

 

 

 

ITEMS BY WARD

 

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

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

 

 

DISCUSSION

The Local Traffic Committee was held on 20 February 2023 at Ashfield Service Centre. The minutes of the meeting are shown at Attachment 1.

 

The Extraordinary Local Traffic Committee was held online by email on 28 February 2023. The minutes of the meeting are shown at Attachment 2.

 

FINANCIAL IMPLICATIONS

Projects proposed for implementation are funded within existing budget allocations.

 

PUBLIC CONSULTATION

Specific projects have undergone public consultation as indicated in the respective reports to

the Traffic Committee.

 

 

ATTACHMENTS

1.

Local Traffic Committee Meeting Minutes - 20 February 2023

2.

Extraordinary Local Traffic Committee Meeting Minutes - 28 February 2023

 

 


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14 March 2023

 

Item No:         C0323(1) Item 8

Subject:         1 - 13 Parramatta Road, Annandale - VPA Approval to notify           

Prepared By:      Scott Mullen - Strategic Investments and Property Manager 

Authorised By:   Kelly Loveridge - Director Corporate

 

 

RECOMMENDATION

 

That the amended Voluntary Planning Agreement (VPA) for 1-13 Parramatta Road, Annandale be placed on public exhibition for a minimum of 28 days and reported back to Council after public exhibition.

 

 

DISCUSSION

1-13 Parramatta Road, Annandale (Property) is located on the northern side of Parramatta Road to the east of Nelson Street. There is frontage to both Parramatta Road and McCarthy Lane. The total site area is approximately 1,765 square metres and it is located within a predominantly residential area, characterised by one and two storey developments.

The Property falls within the Parramatta Road Corridor Urban Transformation Strategy (PRCUTS) which identifies Johnstons Creek as a pedestrian and cycle corridor to connect Parramatta Road with Rozelle Bay.

 

The Property is a key link in the creation of the pedestrian and cycle path throughout the Inner West Local Government Area (LGA) as part of the strategy.

 

In conjunction with the PRCUTS, Council developed a draft masterplan for the Parramatta Road Urban Amenity Improvement Program (PRUAIP) for various projects to be undertaken in the LGA which included the Johnstons Creek pedestrian and cycle corridor (Masterplan).

 

Development Consents

DA 2017/161 relates to the Property and is for a mixed-use development comprising of retail shops and 41 residential units.

In 2019 a modification to DA 2017/161 was lodged and given application M/2019/53.

 

M/2019/53 was subject to Land and Environment Court (LEC) proceedings which resulted in the LEC making orders by consent.  Part of the s.34 conciliation conference negotiations during 2020 and 2021 included a Voluntary Planning Agreement (VPA) which would deliver the public benefits of a pedestrian and cycle through link at the Property that was identified in the Masterplan as well as a pedestrian pathway at McCarthy Lane, Annandale. The entering into the VPA was a condition of consent.

 

In 2022 a further modification to the DA 2017/161 was lodged and given application MOD/2022/0143.  This modification requires amendments to the VPA regarding the pedestrian and cycle through link adjacent to Johnstons Creek.

 

 

 

 

 

 

 

Original Voluntary Planning Agreement

Between June 2020 and March 2021, a VPA was negotiated as part of   M/2019/53 with Eranna Developments Pty Ltd (Developer) and E&R Property Pty Ltd (Owner).

At the 23 June 2020 Council meeting, Council resolved to:

 

1.   Endorse the recommendations in Confidential Attachment 1; and

2.   Place the Voluntary Planning Agreement on public exhibition for a minimum of 28 days and receive a further report after the exhibition period.

 

The 23 June 2020 Council Report (refer to Attachment 1) and Confidential Report – VPA Details (refer to Attachment 2) are attached.

 

Note that whilst the original VPA Details Report was tabled as Confidential at the time, the contents have been publicly exhibited and there is no need to treat it as confidential in this report.

 

After the granting of MOD/2019/53 public exhibition of the VPA and explanatory note was conducted in June 2021. There were two submissions with neither objecting to the proposed VPA. A post exhibition report on the VPA has not been provided to Council.

 

Amended Voluntary Planning Agreement

A condition of MOD/2019/53 required the developer of the Property, Eranna Development Pty Ltd (Developer), to obtain Sydney Water consent for the construction of the pedestrian and cycle pathway adjacent to the Sydney Water assets at Johnstons Creek.  Sydney Water’s consent was not given as its building clearance requirements of one metre from Sydney Waters asset could not be met.

On 17 May 2022 the Developer lodged an application MOD/2022/0143 to modify the modified development consent D/2017/161 to address Sydney Water’s requirements.  This required a minor redesign of the pedestrian / cycle pathway by relocating the landscaping to the boundary with Sydney Water. The redesign also moved the pedestrian / cycle pathway so that sections will be limited in height and depth to accommodate some balconies of the development. The modification was approved on 16 December 2022.

 

As a result of MOD/2022/0143 (refer to Attachment 4) with the adjustment of the pedestrian and cycle path location, the following amendments have been agreed between the Developer, new owner Eranna Pty Ltd (Owner) and Council in the draft amended VPA (refer to Attachment 3).

 

In summary those amendments are:

1.)  Owner   Eranna Pty Ltd

2.)  Clause 3.1, Clause 5.3 and Clause 10.6.2(a) – Requirement for Construction Certificate to be obtained prior to any works being carried out above basement level

3.)  Schedule 1 Item 2 – 2 ground floor retail shops changed to retail shops

4.)  Schedule 1 Item 5A – Updated to reflect MOD/2022/0143

5.)  Schedule 1 Item 7 – Guarantee to be provided on issue of a Construction Certificate for any construction works located above the basement levels or for any public domain works (whichever is earlier)

6.)  Schedule 3 Public Benefits 1 Transfer Land (a) – McCarthy Lane pedestrian footpath increased from approximately 22.8 to 34 sqm. The length of the pedestrian footpath has been corrected to reflect 45 metres.

7.)  Schedule 3 Public Benefits 1 Transfer Land (b) – Pedestrian Cycleway adjacent to Johnstons Creek increased from approximately 157.5 to 187.3 sqm A portion of the aforementioned land will be limited in height as detailed below (c), (d) and (e).

c. On the northern portion of the pedestrian / cycle pathway approximately 11.13 square metres will be limited to between RL7.6 and RL10.88.

d. On the middle portion of the pedestrian/cycle pathway approximately 4.6 square metres will be limited to a depth of RL7.6.

e. On the southern portion of the pedestrian / cycle pathway approximately 10 square meters will be limited to RL15.60.

 

The draft amended VPA attached shows the detailed amendments made as tracked changes.

 

The Explanatory Note has also been revised (refer to Attachment 5).

 

FINANCIAL IMPLICATIONS

It is considered that the modifications to the pedestrian and cycle path do not represent a material change in the value of the public benefit as detailed in Confidential Report – 1-13 Parramatta Road Annandale 23 June 2020 (refer to Attachment 2).

 

The total VPA value is estimated as $1,270,000 as per the 23 June 2020 Council report.

 

ATTACHMENTS

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

 

 


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Council Meeting

14 March 2023

 

Item No:         C0323(1) Item 9

Subject:         Internal Ombudsman Renewal of Contract           

Prepared By:      Beau-Jane De Costa - Senior Manager Governance and Risk 

Authorised By:  Peter Gainsford - General Manager

 

 

RECOMMENDATION

 

That Council endorse the renewal of the Internal Ombudsman Shared Service arrangement.

 

BACKGROUND

 

At its Ordinary Council meeting on 27 June 2017, Council resolved:

 

   That:

1.   Council approves in principle the establishment of an Internal Ombudsman service for the Inner West Council;

2.   the General Manager be authorised to establish the Internal Ombudsman service which is either a shared service with other partner Councils or as a role dedicated only to the Inner West Council;

3.   the General Manager be authorised to sign agreements necessary to both appoint an Internal Ombudsman and commit to the commercial terms of a shared arrangement with partner Councils; and

4.   the estimated costs of the Internal Ombudsman service be provided for in the 2017/2018 Budget.

 

Council has now had an operational Internal Ombudsman Shared Service (IOSS) since the aforementioned resolution, structured as an impartial overseer for Council's activities. The service is open to residents, staff, local businesses, ratepayers, community groups and Councillors who have concerns or complaints about unethical behaviour by Council, misconduct, corrupt conduct or maladministration.

 

The IOSS is shared between Inner West, Cumberland, and City of Parramatta Councils, conducting independent investigations and reviews into administrative processes and services provided by member Councils. The IOSS is underpinned by the principles of fairness, accountability and transparency reflecting the commitment of each member Council in operating at the highest of standards of ethical conduct and decision-making; administrative conduct; corporate governance; and being corruption free.

 

The IOSS also assists Council with its ongoing endeavor to improve services and process with its proactive education activities regarding continuous improvement in administrative processes resulting in better practices for our community.

 

The joint arrangement with Cumberland and City of Parramatta Council also allows Inner West to collaborate and utilise learnings that are provided by the IOSS, keeping Council ahead of the curve with emerging issues, risks and better practice processes, ultimately providing Council with an ongoing environmental scan of the NSW Local Government landscape.

 

 

 

DISCUSSION

The Internal Ombudsman Shared Service arrangement is now due for renewal, which is supported on the same contractual terms as originally agreed.

 

The IOSS continuous to provide important assistance to Council in line with the Triple Track of: prevention, education and investigation of complaints allowing Council to continually improve its operational landscape which inevitably equates to better practices and processes for our Community.

 

The IOSS also continuous to increase its work in the prevention and education space to raise awareness, assist with building staff capacity and improve overall administrative conduct with a 98% percent high rating of satisfaction received by staff that have participated in training delivered by the IOSS.

 

The IOSS continuous to assist Council in identifying areas for improvement in Council’s administrative conduct and decision making and assists in achieving high standards of probity and governance. This includes the delivery of services to our community and ensuring Council operates fairly, with integrity and at all times in the communities’ best interests, including working to improve Council’s complaint handling systems and processes and Child Protection Framework.

 

Inner West Council received in excess of 82,000 requests for service from the community from 1st July 2022 until the 28th February 2023 and 73% of these were completed within our service standards and should residents not be satisfied with Council’s response or whether they are concerned about a delay in responding to their matter they are able to contact the IOSS.  

 

Throughout the previous contract term the IOSS has undertaken the following activities for Council:

 

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

 

The IOSS is a significant risk mitigation tool for Council, providing an additional level of oversight on Council activities, assisting in the prevention and education strategies Council employs to ensure a fair, ethical and corrupt free workplace. The IOSS also has a major focus on improvement strategies, directly aligning to Council’s continuous endeavour to improve services provided to our Community.

 

If the IOSS was discontinued, Council would need to increase internal resources across a range of departments in order to maintain the prevention, education and improvement activities currently delivered by the IOSS, this would also come at an additional financial cost for Council.

 

FINANCIAL IMPLICATIONS

There are no additional financial implications associated with the renewal of the IOSS outside the adopted annual budget.

 

ATTACHMENTS

Nil.

 


Council Meeting

14 March 2023

 

Item No:         C0323(1) Item 10

Subject:         Councillor and Staff Interaction Policy           

Prepared By:      Beau-Jane De Costa - Senior Manager Governance and Risk 

Authorised By:  Kelly Loveridge - Director Corporate

 

 

 

RECOMMENDATION

 

1.   That Council place the draft Councillor and Staff Interaction Policy, as attached to the report, on public exhibition for a period of 28 days.

 

2.   That Council consider the results of the public exhibition process when adopting the final Councillor and Staff Interaction Policy.

 

 

BACKGROUND

The Office of Local Government (OLG) in consultation with key NSW Government agencies identified below have developed the Model Councillor and Staff Interaction Policy: 

 

·    Independent Commission Against Corruption;

·    the Information and Privacy Commission;

·    the State Archives and Records Authority, and

·    Resilience NSW.

At its core, the policy has three main goals:

·    to establish a framework by which councillors can access the information they need to perform their civic functions, in a fair and consistent manner,

·    to promote positive and respectful interactions between councillors and staff, and

·    to advise where concerns can be directed if there is a breakdown in the relationship between councillors and staff.

DISCUSSION

A good relationship between councillors and staff is based, in large part, on both having a mutual understanding and respect for each other’s roles and responsibilities as defined in the Local Government Act 1993 (the LGA) and the Code of Conduct.

The proposed policy provides a framework for Councillors when exercising their civic functions by specifically addressing their ability to interact with, and receive advice from, authorised staff.

 

The policy provides direction on interactions between councillors and staff to assist both parties in carrying out their day-to-day duties professionally, ethically, fairly and respectfully. It applies to all interactions between councillors and staff, whether face-to-face, online (including social media and virtual meeting platforms), by phone, text message or in writing. It also complements the Inner West Council Code of Conduct.

 

The implementation of the model Councillor and Staff Interaction Policy is also a form of risk mitigation, ensuring appropriate processes and controls are in place for activities undertaken by Council. These processes and controls reduce the likelihood of risks occurring in relation to interactions between Councillors and staff and also demonstrate Council’s commitment to best practice governance.

 

 

 

FINANCIAL IMPLICATIONS

Council’s endorsement to place the Councillor and Staff Interaction Policy on public exhibition has no financial implications for Council.

 

ATTACHMENTS

1.

Draft Councillor and Staff Interaction Policy

 

 


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14 March 2023

 
















Council Meeting

14 March 2023

 

Item No:         C0323(1) Item 11

Subject:         Rescheduling of June 2023 Council Meeting           

Prepared By:      Beau-Jane De Costa - Senior Manager Governance and Risk  

Authorised By:  Kelly Loveridge - Director Corporate

 

 

RECOMMENDATION

 

That Council reschedule the Ordinary Council Meeting on 13 June 2023 to 20 June 2023 and publish these changes to the Meeting Schedule on Council’s website.

 

BACKGROUND

At its Extraordinary Council meeting on 13 December 2022, Council resolved in part the following:

That Council:

 

1.   Endorse the following Ordinary Council Meeting Schedule in 2023:

 

Council recess – January

Tuesday 14 February

Tuesday 14 March

Tuesday 11 April

Tuesday 9 May

Tuesday 13 June

Council recess - July

Tuesday 8 August

Tuesday 12 September (Mayor and Deputy Mayor Election)

Tuesday 10 October

Tuesday 14 November

Tuesday 5 December

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DISCUSSION

Since adopting the 2023 Council meeting schedule in December 2022, the Australian Local Government Association (ALGA) National General Assembly 2023 Conference dates have been amended to now be held on 13 – 16 June 2023.

 

As a result, the Council meeting scheduled for 13 June 2023 needs to be rescheduled in order for Councillors to attend the National General Assembly.

 

It is further noted that the LGNSW Conference finishes on the day of the scheduled November council meeting (14 November 2023), however this conference concludes at lunch time and is being held in Parramatta this year, allowing Councillors time to attend the Council meeting that evening.

 

FINANCIAL IMPLICATIONS

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

 

ATTACHMENTS

Nil.


Council Meeting

14 March 2023

 

Item No:         C0323(1) Item 12

Subject:         Pedestrianisation of Main Streets           

Prepared By:      Michael Daly - Events Manager 

Authorised By:  Ruth Callaghan - Director Community

 

 

 

RECOMMENDATION

 

That Council receive and note the report.

 

 

 

BACKGROUND

At its Ordinary Council meeting on 8 November 2022, Council resolved the following:

1.   Write to the organisers of The Norton Street Festival and the Stanmore Music Festival to congratulate them on the success of their events;

 

2.   Note the recurrent support that Council has budgeted for both events and thank Council officers for the collaboration and coordination they provided to the community for each event;

 

3.   Propose to the NSW Government a pilot main street pedestrianisation program in the Inner West, to allow bi-monthly or quarterly use of sections of main streets for events, activations and cultural activity;

 

4.   Seek expert advice on how the current costs of street closures can be addressed through improved local and state regulation, selection of locations and simplified approval processes;

 

5.   Consult chambers of commerce, main street businesses and residents about whether there are main street locations they would like to propose for more regular pedestrianisation;

 

6.   Write to the Minister for Transport and the Shadow Minister for Transport seeking their assistance in the design of the program; and

 

7.   Prepare a report for the February 2023 Ordinary Council meeting with finalised plans for the launch of the program.

 

DISCUSSION

Operational costs for road closures, resulting from regulatory requirements, are significant and impact on the delivery of events and activations in Inner West main streets. Regulatory requirements are in place to ensure a road closure is safe and that all stakeholders are informed.

 

When closing a road there is a regulatory requirement to apply to the Local Traffic Committee through the presentation of a Traffic Management Plan (TMP) and/or a Traffic Guidance Scheme (TGS).  Operational costs are a result of activities and equipment required to adhere to the approved TMP or TGC and mostly consist of the provision of traffic controllers and road barrier equipment, to ensure public safety. Council also briefs local police on large scale events that involve road closures and ensures any feedback is addressed in relation to closures.

 

The Local Traffic Committee must consider whether a road closure application has considered all relevant traffic management impacts including emergency service access, resident/business access, cyclist and pedestrian access, vehicle detour routes, impact to public transport and advanced notification of the event. All stakeholders’ requirements including local business, residents and stakeholder agencies who are affected by closures need to be considered. There is an opportunity for these stakeholders to provide feedback on the impact of the road closure. This approval process has been reviewed and streamlined in recent years by Council’s Traffic team, in consultation with Transport for NSW, resulting in reduced approval times and requirements for low impact events.

 

Traffic management operational costs for road closures make up a significant percentage of overall event budgets. Traffic controllers are required on most road barriers to manage traffic impacts which then leads to significant staffing costs. The requirement to have water filled or concrete barriers at major road closure points also has a significant impact on costs. The larger the event footprint the higher the costs, as more side street closures and alternative traffic routes are required. Traffic controllers play a key role in road closures as they are able to assist with any traffic congestion problems, that arise at a road closure point and mitigate impacts on traffic flow and protect public safety. Non-operational costs such as the development of traffic management plans and road closure application fees also contribute to overall costs.

 

Consultation

Consultation regarding this report was undertaken with the following stakeholders.

·    City of Sydney is currently running their Sydney Streets program, where main streets are closed in six main street locations across the LGA.

·    Traffic management providers.

·    Local business chambers and individual businesses in Summer Hill, Haberfield, Newtown/Enmore, St Peters and Balmain/Rozelle.

·    Correspondence has been submitted to both the NSW Minister for Transport, Minister for Veterans, and Minister for Western Sydney and also to the opposition minister for Transport, seeking advice and assistance in identifying how regulations can be streamlined.

·    Internal senior Council staff.

 

Potential Long-Term Solutions

NSW Police currently require any road closure to consider Hostile Vehicle Mitigation (HVM) plans as part of a road closure approval to mitigate acts of terrorism. These mitigation strategies lead to significant costs as they require equipment such as water filled barriers, concrete barriers or vehicles to block roads to ensure safety against a potential hostile vehicle. The introduction of semi-permanent traffic mitigation equipment, despite an initial high cost, could amortise costs over time and provide savings when offsetting against hire and transport costs. Examples of this semi-permanent equipment could be the incorporation into urban design of in-built bollards or Council assets such as moveable garden beds, to reduce hire costs on traffic mitigation equipment and still comply with police expectations. In the short term, Council heavy vehicles can be used as an interim measure and in the long term.

Council officers are currently preparing design guidelines and a proposed suite of street furniture that will include solutions for HVM requirements, as part of Council’s Main Streets Strategy resolution (25 October 2022). This work would complement other current Council initiatives such as Outdoor Dining and Live Entertainment initiatives. The six public domain master plans that are currently underway (Public Domain Master Plan resolution 06 December 2022) will seek further opportunities for pedestrian-priority and pedestrianisation of our road spaces in the future.

 

Temporary road closures are an opportunity to demonstrate the benefits of new public open space to the community and enable longer term implementation – this is a strategy that has been employed by many councils, such as the City of Yarra to deliver eight new parks and plazas and this approach could be considered by Council to encourage pedestrianisation of Inner West streets, where there is a demand.

 

Potential Improvements

Proposed improvements to assist pedestrianisation of Main Streets, making these activations more affordable and achievable could include:

 

·    Installation, through urban design projects, of semi-permanent and permanent traffic mitigation barriers worked into streetscape design.

·    In the short term, use Council assets such as heavy vehicles to create barriers at road closure points could keep down costs.

·    Look at Traffic Management Plan design that;

Has site footprints that do not include multiple side streets or require significant re-routing of traffic flows.

Avoid impacts on existing bus routes.

Alternatively, consider streets that lead into main streets (rather than the main street itself) for pedestrianisation.

Proposed Next Steps

It is suggested that further consideration be given to the potential cost of implementing the proposed solutions, as well as the timing that may be required to make changes to urban design and Traffic Management Plans. Council officers can progress this work and report back to Council in June.

FINANCIAL IMPLICATIONS

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

 

 

ATTACHMENTS

Nil.

 


Council Meeting

14 March 2023

 

Item No:         C0323(1) Item 13

Subject:         Complying development in Inner West Council under the Low-Rise Housing Diversity Code           

Prepared By:      Daniel East - Acting Senior Manager Planning 

Authorised By:  Simone Plummer - Director Planning

 

 

RECOMMENDATION

 

That Council receive and note the report.

 

 

DISCUSSION

At its Ordinary Council meeting held on 13 December 2022, Council resolved:

 

That Council receive a report outlining the uptake of new dwellings and the areas in the Inner West Local Government Area that permits fast tracked complying development under the Low-Rise Housing Diversity Code and the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP)

 

The Department of Planning and Environment has provided statistics showing that 105 Complying Development Certificates (CDCs) were issued for residential accommodation in Inner West Council local government area between 1 July 2021 and 7 February 2023. These are as follows:

·    89 – residential single dwelling

·    10 – residential secondary dwelling

·    4 – subdivision of land

·    1 - residential dual occupancy

·    1 – residential multi dwelling

 

Note:  dual occupancies are not a permitted land use in Inner West LEP 2022 thus it is no longer possible to approve dual occupancies under a complying development certificate in Inner West.

 

The construction of new dwellings as complying development under the Low-Rise Housing Diversity Code can’t occur on land identified in Clause 1.19 of the Codes SEPP. The land excluded through this clause includes:

·    Heritage

·    Significantly contaminated land

·    Class 1 or 2 acid sulfate soils

·    25 or higher ANEF (aircraft noise)

·    Coastal hazard

 

In addition, any proposed new dwelling must meet criteria specified in Part 3B – the Low-Rise Housing Diversity Code; which excludes some flood affected land and lots less than 200 m2.

 

Data from DPE demonstrates that the use of complying development across the LGA is limited, although when a CDC is issued it may not be compatible with the local character of the Inner West.  This is because the because the controls apply to the entire state and there is no requirement for CDCs to consider local streetscape.  The use of complying development is limited as many attributes of the Inner West do not facilitate complying development – such as aircraft noise, flooding, contamination, heritage.  This means that landowners must follow the development application approval pathway which requires a merit-based assessment by Council staff and can achieve a better outcome for applicants and the community in terms of context and local streetscape.

 

FINANCIAL IMPLICATIONS

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

 

ATTACHMENTS

Nil.

 


Council Meeting

14 March 2023

 

Item No:         C0323(1) Item 14

Subject:         Update Report on The Implementation of Public Spaces (Unattended Property) Act 2021           

Prepared By:      Michael Davies – Parking & Rangers Services Manager

Authorised By:  Simone Plummer - Director Planning

 

 

RECOMMENDATION

 

That Council receive and note the report.

 

 

 

BACKGROUND

Following the introduction of the Public Spaces (Unattended Property) Act 2021 (PSUP) on 1 November 2022 and at the Extraordinary Council meeting held on 13 December 2022, Council resolved in part the following:

That Council:

2.   Receive a report on the roll out of the Public Spaces (Unattended Property) Act 2021 in March 2023.

This report satisfies that resolution. 

DISCUSSION

The Public Spaces (Unattended Property) Act 2021, was designed to “repeal and replace the outdated Impounding Act 1993 to create much stronger incentives for people to be responsible for their property in public ... Where property is left unattended in public, those responsible must attend to it within reasonable timeframes or face enforcement action, including strong penalties. 

 

There are now much stronger regulatory and enforcement powers for authorities to deal with property left unattended in public as well as recover regulatory costs” extract from Public Spaces (Unattended Property) Guidelines For councils and other authorities 1 November 2022. 

 

One of the most significant changes is the legislation allows for an increased scope of what can be considered unattended, this new definition now identifies that under certain stringent circumstances registered vehicles can be considered unattended and are then subject to enforcement.  

 

Education 

To raise community awareness, Inner West Council supported the Department of Planning and Environments education campaign through updating Councils website to reflect the new legislation (see Attachment 1 infographics – also available on Council website). Council’s customer service team were briefed to assist them in responding to questions and concerns raised by the community.  A social media campaign was resourced from within Council and included Facebook posts and a quiz to raise community knowledge (see Attachment 2). 

There were 1,076 responses to the questionnaire and a story was featured in the Inner West Council newsletter which is distributed to across the LGA.

 

The Department of Planning and Environment provided a centralised shared resource via its social pinpoint sites which included sections for the public, industry and Councils containing infographics, factsheets, guidelines and code of conduct.  

 

Customer Requests and reporting 

Following the introduction of the legislation, unattended motor vehicle requests, which include caravans and trailers, increased to 240% of the number of reports (from 445 to 1070), when compared with the same period (November through January) for the previous year. There was no discernible change in requests for unattended items (non-motor vehicle) such as shopping trolleys, ride share bikes. [Fig 1] The increase in the number of requests received is illustrated below [Fig 1] and demonstrates increased community awareness indicating the education campaign has been successful.  

 

 

 

Proactive programs and procedure 

To facilitate Council’s use of the changes to regulatory powers under PSUP, staff developed a new investigation process.  Letters and written directions have been updated to reflect the changes, and both staff authorised under the legislation and critical ancillary staff such as the customer service steam have attended a range of internal workshops and briefings on the new powers and investigation process, 

Council’s officers also ran targeted proactive programs at known problem sites for shopping trolleys and trailers, to be better able to monitor the effectiveness of the legislation as well using any feedback for refining the procedures, documentation and strategies.

 

Shopping Trolleys

Hercules St Ashfield was selected for a proactive pilot monitoring shopping trolleys. From mid-December into January 2023, over a six week period, daily patrols were conducted with unattended trolleys tagged for identification. The amendment to the legislation was not observed to have any discernible impact on the number of shopping trolleys being deposited or abandoned by users.  Nevertheless, officers identified that local supermarkets were collecting their trolleys within the legislative time frames. When called the trolley must be collected within 3 hours. Council rangers continue to work proactively with supermarkets and their collection agencies toward timely collection of trolleys. 

Ad hoc proactive audits at random locations or where there is significant reporting of non-compliance continues to ensure patrol schedules by supermarkets are ensuring timely collection. 

 

Caravans and Trailers

Proactive monitoring of caravans and trailers was undertaken in Hawthorne Parade Haberfield, Balmain and Lilyfield Rd Lilyfield Darley Rd Leichhardt as a pilot for the implementation of the new legislation. Table 1 below identifies the number of trailers monitored in each of the pilot areas, to ascertain the effectiveness of the new legislation.

To pilot the new legislation stickers were placed on all trailers in the nominated streets advising that under the new legislation, and at a specific date, the trailer was eligible for removal and impounding by Council if it was not moved. As a consequence in each area over 80% of stickered trailers were moved to another location.  The remainder were impounded.  However, in each street new trailers moved in, although in each instance the number of trailers was reduced compared to the number pre-pilot.  

 

 

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

 

Table 1 - outcomes of Trailer pilot under PSUP.  The table above illustrates - that in Hawthorne Parade for instance, originally 11 trailers were identified and stickered by Council rangers as “unattended” in accordance with the new PSUP legislation.  Following this 9 of the 11 were moved by owners to another location voluntarily.  Two were impounded by Council and a subsequent inspection reveals that 7 new trailers have moved into the street, and the process has recommenced.

 

Regarding the impounding, these vehicles are transported by Council’s contractor to an impounding facility where they rest for a minimum of 28 days to be claimed by the owner.  After this period, they may be sold by auction and funds returned to Council.

 

From the proactive program several improvements to the process have been adopted including revised information stickers being placed on the vehicles to notify the owner and the broader community of Council’s interest in the item.  Further refinement and improvement in clarifying correspondence, and other minor tweaks to the investigation process has also occurred. 

 

Conclusion

 

The trolley and trailer pilots have demonstrated that the changed legislation has not of itself changed behaviour. This is not unexpected as Council officers understand that a successful change in behaviour will result as a consequence of compliance action when the powers under the legislation are enacted.  As trailers are moved following compliance action, the space they leave may be filled with new tailers. This is likely to continue for a period and hence there is a commitment to a continuous focus on compliance action. 

 

FINANCIAL IMPLICATIONS

The Act contains new penalties, that can be applied to non-compliance, which are designed to offset Council’s costs incurred though this new enforcement regime. Currently these fines are part of a state-wide ‘grace period’ that extends until 1 May 2023, that is no fines are currently being issued under the PSUP legislation. For noting however there are other fines available for Council use under other related legislation (e.g., Road Transport Act, Road Rules 2014). Fines continue to be issued where appropriate under these other legislations.  

 

From available data, it appears that the costs associated in resourcing will not be fully recouped by the penalties issued.  This is due to the high level of voluntary compliance once owners are made aware of Council’s interest. However, this was also true under the previous Impounding Act and the new activity can be supported through existing resources. 

 

 

ATTACHMENTS

1.

Infographics

2.

Facebook Quiz

 

 


Council Meeting

14 March 2023

 





Council Meeting

14 March 2023

 




Council Meeting

14 March 2023

 

Item No:         C0323(1) Item 15

Subject:         Investment Report at 28 February 2023           

Prepared By:      Daryl Jackson - Chief Financial Officer 

Authorised By:  Kelly Loveridge - Director Corporate

 

 

RECOMMENDATION

 

That Council receive and note the report.

 

 

BACKGROUND

A monthly investment report is provided to Council detailing the investment portfolio in terms of performance, percentage exposure of total portfolio, maturity date and changes in market value.

 

The monthly investment report includes details of the current proportion of investments that are non-fossil fuel investments and include details of progress in meeting the prevailing performance benchmark in respect of non-fossil fuel investments.

 

The investing of Council’s funds at the most favourable return available to it at the time whilst having due consideration of risk and security for that investment type and ensuring that its liquidity requirements are being met while exercising the power to invest, consideration is to be given to the preservation of capital, liquidity, and the return on investment.

 

Preservation of capital is the principal objective of the investment portfolio. Investments are placed in a manner that seeks to ensure security and safeguarding the investment portfolio. This includes managing credit and interest rate risk within identified thresholds and parameters.

 

Council determined to proactively invest in a non-fossil fuel investment portfolio.

 

Legislative Requirements

All investments are to comply with the following:

§ Local Government Act 1993;

§ Local Government (General) Regulation 2021;

§ Ministerial Investment Order dated 17 February 2011;

§ Local Government Code of Accounting Practice and Financial Reporting;

§ Australian Accounting Standards; and

§ Division of Local Government Investment Policy Guidelines May 2010

 

Council’s Socially Responsible Investments consist of Green Term Deposits from otherwise fossil fuel lending banks, such as CBA and Westpac and also long dated bond issues from a range of institutions and government agencies. These investments provide targeted funding to a wide range of green and socially responsible projects and initiatives. Council also utilises these investments to remain within the credit rating policy guidelines imposed by the NSW TCorp loan covenant requirements.

 

 

 

 

 

Certification

The Chief Financial Officer Daryl Jackson as the Responsible Accounting Officer has certified that the investments listed in the attached report have been made in accordance with Section 625 of the Local Government Act 1993, Section 212 of the Local Government General Regulation 2021 and Council’s Investment Policy.

DISCUSSION

Council’s investments are held in various investment categories which are listed in the table below. Council’s investment portfolio size is $187.4m.  All Socially Responsible Investments (SRI’s) are investments that comply with the Non-Fossil Fuel standards. Council’s portfolio had a return 4.01%, against the UBSWA Bank Bill Index Benchmark (3.18%) on a marked-to-market basis. For the past 12 months, the portfolio has returned 1.56% on a marked-to-market basis.

 

Without marked-to-market influences, Council’s investment portfolio yielded 3.66%pa for the month, up from 3.55%pa in January. This is based on the actual interest rates being received on existing investments and excludes market value changes of the securities/deposits.

 

The valuations on Council’s long dated fixed rate bonds slipped lower during the month as long-term market rates rose, but the higher interest rates being received on the rest of the portfolio limited the impact. As interest rates rise/fall the dollar valuations of existing bonds fall/rise in the market. While a bond’s (or FRN’s) market value may drop below its face value (or par value) during the life a security, providing Council does not sell the security and the issuer is sound (which all of Council’s holdings are) then the bond’s market value will come back to the face value by the time it matures.

 

Change in the value of our portfolio

During February, Council made no new investments and had a maturity of a $1.7m 5yr Newcastle Permanent FRN investment which had been paying a quarterly interest rate of 3mo BBSW +1.40%pa.

This temporary breach previously reported of the investment policy for one individual bank (Bendigo & Adelaide Bank) being 2% above its policy of 10% in the overall BBB rating category remains.  This breach will be resolved when new funds are reinvested.

Emerald Reserve Mortgage (purchased by the legacy Marrickville Council) maturing in August 2051 and August 2056 is categorised as greater than 1 year term to maturity category continues to be outside policy.

Matured -

Newcastle Permanent Building Society $1.7m

Emerald Reverse Mortgage $10.3k (interest)

 

The investment market had limited non-fossil fuel products available in the month. Those available were offered with low interest rates. 

 

Council’s entire investment portfolio remains invested in non-fossil fuel lending ADIs (57% of portfolio) and socially responsible investments (33% of portfolio).

 

The attachments to this report summarise all investments held by Council and interest returns for periods ending 28 February 2023.

 

The Current Market value is required to be accounted for. The Current Market Value is a likely outcome if Council were to consider recalling the investment prior to its due date.

 

All investments made for the month of February have been made in accordance with the Local Government Act, Local Government Regulations and the Inner West Council Investment Policy.

The External / Internal Restrictions and Working Funds Table for February 2023 was not available at the time of publication of the business papers. This will be provided at the meeting, and will reflect the amount of total cash, bank and investments as at 28 February 2023. 

 

All funds have been allocated as laid out in the adopted 2021/22 Operating Budget and Long-Term Financial Plan.

 

The performance chart over the page shows Council’s rolling 12 monthly return versus benchmark over the past 5 years. Each data point is the 12 month return for the stated month end.

 

Council’s investment performance had reflected the downward trend in interest rate markets over recent years accelerated by pandemic related interest rate cuts. With inflation pressures building, interest rates increased sharply over much of 2022, causing negative marked-to-market returns on existing bonds and FRNs over that period, however market rates have largely stabilised of late and the higher rates being received on new investments and FRN rate resets are flowing through to the rolling 12mo figure which has gone back into positive territory and is closing the gap versus benchmark.

 

Domestic issues

 

§ Latest wages data lagged expectations, rising by 0.8% (below the 1% anticipated by economists) taking annual growth to 3.3%. While annual wages growth is running at its highest pace in 10 years, it was expected to be higher given the tightness in the labour market (the unemployment rate is close to a 48-year low, labour underutilisation is around its lowest levels since the early 1980’s and the participation rate is close to a record high).

§ The wages data combined with recent very healthy corporate profit results helped to confirm that much of recent inflationary pressures is not a wage-price spiral, but corporate profit driven.

§ Latest Australian GDP data showed the economy expanded by 2.7% for the year ending December. The quarterly increase of +0.50% versus the September result was lower than market expectations as inflation and higher interest rates cooled demand more than anticipated.

 

Interest Rates

 

At its January meeting RBA raised the cash target by 25 basis points to 3.35%. The RBA noted its own economic forecasts were based on the cash rate peaking at 3.75%, indicating that further increases in interest rates are likely to be needed over the months ahead to ensure that inflation returns to target.

Meanwhile, the market’s peak cash rate expectation increased to 4.35% over the past month, 60 basis points more than what the RBA is expecting:

 

In February, term deposit rates increased across the 1 month to 5 year range by an average of 30bps from last month on renewed speculation that the RBA would have to raise rates higher than the central bank’s own projections to calm inflationary pressures:

 

 

SUPPLEMENTARY INFORMATION AS AT 8 MARCH 2023

 

The monthly Investment Report to Council includes a table showing the External / Internal Restrictions and Working Funds at the end of each month. At the time of publishing the February 2023 Investment Report this information was not available because the February month end process was still in progress. Please now see below the updated information as at end February 2023.

 

 

All funds have been allocated as laid out in the adopted 2021/22 Operating Budget and Long-Term Financial Plan.

 

 

ATTACHMENTS

1.

IWC Investment Report - February 2023

2.

IWC Economic & Investment Portfolio Commentary - February 2023

 

 


Council Meeting

14 March 2023

 


















Council Meeting

14 March 2023

 





 


Council Meeting

14 March 2023

 

Item No:         C0323(1) Item 16

Subject:         Notice of Motion: Returning Planning Powers to Local Councils           

From:             Councillor Marghanita Da Cruz  

 

 

MOTION

 

1.   That Council requests the Mayor to write to the Premier, Dominic Perottet, the Leader of the Opposition, Chris Minns, and the leaders of the Greens NSW, the National Party, the Shooters and Fishers Party as well as all candidates contesting the seats of Balmain, Summer Hill, Heffron, Strathfield and Newtown in the 2023 NSW election,
seeking their commitment to:

 

a)   the principle of returning local planning powers to metropolitan local governments; and

 

b)   commits in the next term of NSW Parliament to work towards developing criteria by which the Minister for Planning may exempt metropolitan local governments from the requirements for local planning panels and in turn return DA determination powers to elected councillors.

 

2.   That Council requests the General Manager to publish responses received on Council's website prior to the 2023 NSW State election.

 

 

Background

 

Inner West Council's planning powers to determine development
consents under the EP&A Act were extinguished in August 2017, while the 
Council was in Administration, by the passing of legislation requiring the establishment of local planning panels and rendering unlawful any determination of DA consents by elected councillors.

 

This legislative change does not apply to LGAs in some regional parts of NSW and as such many regional local governments still exercise powers in determining development consents.

 

Officer’s Comments:

 

No further comments were required for this Notice of Motion.

 

 

ATTACHMENTS

Nil.

 


Council Meeting

14 March 2023

 

Item No:         C0323(1) Item 17

Subject:         Notice of Motion: Haberfield District Celebrates 93rd Anniversary           

From:             Councillor Marghanita Da Cruz   

 

 

MOTION

 

That Council write to Haberfield Girl Guides congratulating them on their 93rd Anniversary and inviting them to curate an exhibition about their history preferably at the Haberfield Library.

 

 

Background

 

The Haberfield Guides turned 90 in June 2021. They were unable to celebrate the milestone due to the COVID Lockdowns. There will finally be a celebration on 30 March 2023.

 

The St David’s Committee granted Miss Gladys Dunlop permission to form a  company of Girl Guides connect with St David’s Church in Haberfield on 3 June 1931.

 

“Australian Guide Program

Girl Guiding in Australia is delivered through the Australian Guide Program (AGP), which is a non-formal education program based on shared leadership and decision-making at all ages.

 

The AGP is facilitated by trained volunteer Leaders with a focus on programs being girl-led.

This means that all the activities the girls do, from weekly Unit meetings, to camps, to expeditions and hikes, are driven by the girls themselves with input and assistance from their Leaders, and planned to match the girls’ abilities” Source: https://www.girlguides.org.au/howtojoin/australian-guide-program/ viewed 1 March 2023

 

Officer’s Comments:

 

No further comments were required for this Notice of Motion.

 

 

ATTACHMENTS

Nil.

 


Council Meeting

14 March 2023

 

Item No:         C0323(1) Item 18

Subject:         Notice of Motion: South Australia: First Nations Voice to Parliament           

From:             Councillor John Stamolis  

 

 

MOTION

 

 

1.   That Council note that South Australia will be the first place in Australia to introduce an Aboriginal Voice to Parliament.

2.   That Council utilise any work done in South Australia which can assist Council in providing public information about a Voice to Parliament.

3.   That Council write to the Premier and Opposition leader, after the NSW election, to seek information about a Voice to Parliament for NSW.

 

Background

 

South Australia will become the first place in Australia to introduce an Aboriginal Voice to Parliament.   

Inner West Council’s newsletters, media releases, public events and training have not yet referred to this historic process in SA.   

South Australia has also lead the nation on a number of other issues relating to recognition of Aboriginal people. The Aboriginal flag was first flown on National Aborigines Day in Adelaide in July 1971.   In 1977, Newcastle became the first Council to fly the Aboriginal flag on Council premises.  A quarter of a century after Adelaide first flew the Aboriginal flag, in 1995, the Aboriginal flag was recognised by the Australian Government as an official 'Flag of Australia'.   

Sir Douglas Nicholls was the first and so far the only Indigenous Australian Governor of an Australian state (Governor of South Australia, 1976–1977). 

South Australia also has historic ties with the Northern Territory.  Adam Giles was the first Indigenous Australian to lead a government in Australia; being Chief Minister of the Northern Territory in 2013. 

 

South Australia set to get First Nations' Voice to Parliament after proposal wins Greens' support, Evelyn Manfield, Fri 20 Jan 2023  

By the end of the year, South Australia is set to be the first state to have a First Nations' Voice to Parliament.  

Labor promised a local implementation of the Uluru Statement from the Heart at the state election.  Its proposed legislation has won support from the Greens. 

Once implemented, 12 people would be able to speak to state parliament on any bills. 

Aboriginal Affairs Minister and Attorney-General Kyam Maher said he planned to introduce legislation for the First Nations' Voice early next month, after it gained the support of the Greens.  

"It'll be the first in Australia, so it'll be very historic that, for the first time, there will be a body like this that is elected, that will form a Voice to Parliament, a body that is chosen from Aboriginal people, by Aboriginal people," he said. 

Under the legislation, Aboriginal and Torres Strait Islander people enrolled to vote will be able to elect a group of people from their geographical area: half of them men and half of them women. 

Overall, 40 people would be elected and then 12 of those would form a statewide Voice that could speak on any bill before parliament.  "This will be really significant," Mr Maher said. 

Voice members would also be able to attend two cabinet meetings a year, meet with state government department chief executives and ask ministers about spending, policies and what they are doing for Indigenous people. 

How will the First Nations Voice work? 

The proposed bill to enshrine South Australia's new First Nations Voice to parliament into law reveals the scope of the body. 

Greens MP Tammy Franks said the Voice would give parliamentarians the chance to hear First Nations people like they never have before.  

"The ability to hear what First Nations people think on any issue that affects Aboriginal Australians in South Australia, as we make our decisions as parliamentarians for the best for South Australia, so I think it's only a win-win," she said. 

Formal consultation on the legislation — and particularly how the geographical regions would be divided — began in November and ended two weeks ago. 

A referendum is set to be held on a federal Indigenous Voice to Parliament by the end of the year. 

Unlike at the Commonwealth level, South Australia's First Nations' Voice will not need to go to a public vote to be included in the Constitution.  South Australia's constitution can be changed without a referendum. 

"We’ll look to reference this in our Constitution Act and that can be done in South Australia without a referendum," Mr Maher said. 

 

First Nations Voice to SA parliament detailed in draft bill — so how will it work? Patrick Martin, Wed 9 Nov 2022 

Aboriginal communities across South Australia would be able to vote for local representatives who will eventually form the state's new First Nations Voice to Parliament. 

That's the plan under the proposed bill released today by the South Australian government. 

The Labor Party said the election commitment is a local implementation of the Uluru Statement from the Heart. 

Commissioner for First Nations Voice Dale Agius said the message from communities was clear.  "It's important for Aboriginal and First Nations people to feel like they have the ability to speak about their local issues," Mr Agius said. 

Dale Agius said the body would give First Nations people a stronger sense of self-determination. 

South Australia's first Aboriginal Attorney-General, Kyam Maher, said his government was "doing something that's the first of its kind in the nation". 

"One thing I am certain of [is] that if Aboriginal people aren't at the forefront of making the policies and decisions that affect their lives, then that sort of government action doesn't work as well as it might," Mr Maher said. 

How will the Voice be chosen? 

Under the draft proposal, the state will be split into six areas — one covering metropolitan Adelaide and five covering regional areas. 

Exactly how that division will occur is something the SA government said would be determined by the next phase of consultation.  It could be along language group, community or electoral boundary lines. 

First Nations people would be able to vote in local representatives at the same time as state government elections, in a process overseen by the state Electoral Commission. 

Attorney-General and Aboriginal Affairs Minister Kyam Maher said ministers would be required to meet with First Nations representatives. 

Aboriginal people would vote in the area where they're enrolled. 

To run for election to a local group, a person could nominate for the area where they live or where their country is. 

"For example, a Pitjantjatjara person [from central Australia's APY Lands] who resides in Adelaide for health reasons or for other reasons and has their electoral address in Adelaide will vote, under this bill, in that metro region but would be able to stand either in the metro region or on their country," Mr Maher said. 

These elected groups would meet to discuss issues important to their communities at least four, but no more than six, times a year unless ministerial approval is granted. 

All six groups would meet all together once a year. 

Each of the six groups would select two members — one woman and one man — to form the state-wide voice to parliament. 

Who would the Voice speak to? 

This state-wide group would speak with the premier and state cabinet at least twice a year. 

Ministers and chief executives of each government department would also be required to hold briefings with them, to allow First Nations representatives to ask questions of interest to Aboriginal people. 

What do we know about the federal Indigenous Voice? 

The Prime Minister has revealed a proposed set of words to be added to the constitution for an Indigenous Voice to Parliament. The Opposition says the move is positive and next step is to explain how it would work. Here's what we know so far. 

The group could also speak directly to parliament on any legislation that it likes. 

"It's not up to us to decide what Aboriginal people are interested in or what affects Aboriginal people, it's up to them to decide," the attorney-general said. 

"It is an advisory body — it won't have a vote in parliament, it won't be able to move amendments in parliament, it won't be able to veto anything in parliament." 

The speaker of the lower house, or the president of the upper house, may also request the group's input on particular legislation also. 

Public service resources would be provided to all groups to help them work effectively, but the exact cost will be determined by the final bill that is passed by parliament. 

What do elders think? 

Kaurna elder Jeffrey Newchurch said the time was right for an Aboriginal voice to state parliament but consultation going forward was key.  "By coming together, we're healing and that's the importance of it," Mr Newchurch said. 

"From the [Kaurna] elders community, we're supportive of it but the emphasis has to be on young people.  "We also have to have this conversation with the non-Aboriginal community too." 

Jeffrey Newchurch said the next round of consultation on the bill would be critically important. 

Every Aboriginal community is different and the next round of consultation will take place across the state in coming months before the bill is introduced to parliament next year. 

Mr Maher said the government wants to have the legislation passed by the end of 2023 and hoped it would align with any federal Voice to Parliament that may be enacted. 

 

Officer’s Comments:

 

No further comments were required for this Notice of Motion.

 

 

ATTACHMENTS

Nil.

 


Council Meeting

14 March 2023

 

Item No:         C0323(1) Item 19

Subject:         Notice of Motion: Pedestrian Safety at Cardinal Freeman Village           

From:             Councillors Councillor Mark Drury and Councillor Jessica D'Arienzo   

 

 

MOTION

 

1.   That Council urgently investigate installing pedestrian crossings on Victoria Street and Queen Street, Ashfield, adjacent to Cardinal Freeman to improve pedestrian safety and better facilitate the use of adjoining bus stops.

 

2.   That Council report to the Local Traffic Committee on these investigations as a matter of priority. 

 

Background

 

Residents of Cardinal Freeman have raised serious concerns with pedestrian safety on both Victoria and Queen streets. 

 

Bus stops have been raised and are frequently used by residents of the Village to access shops, medical appointments and other necessities. 

 

Residents, many who are older or experience mobility constraints, report frequent near misses and feel unsafe crossing the roads to exit the village to access the stops.

 

Officer’s Comments:

 

No further comments were required for this Notice of Motion.

 

 

ATTACHMENTS

Nil.

 


Council Meeting

14 March 2023

 

Item No:         C0323(1) Item 20

Subject:         Notice of Motion: Town Hall Open Days and Activations           

From:             Councillors Mathew Howard and Justine Langford  

 

 

MOTION

 

1.    That Council acknowledge the expertise and hard work of staff working to facilitate open days as part of the plan to activate our town halls for use by artists and creative industries.

 

2.    That Council note the success of the recent open day at Marrickville Town Hall and implement feedback from the Marrickville Town Hall Reference Group in future open days, including: 

a)    Hiring performers or buskers to perform in the forecourt;

b)    Printing and posting corflutes at the front of town halls, advertising the creative use of venues EOI process and linking to information about the project to activate town halls;

c)    Providing printed materials and fliers advertising the creative use of venues EOI process and providing information about the project to activate the use of town halls; and

d)    Creating a visual presence at the front of town halls during open days, including banners. 

3.    That Council note work to establish three residency spaces at Marrickville Town Hall, including the provision of small risers, a lighting tree, sound mixing desk and other minor works and that funding

4.    That Council note the proposal by the Pride Centre Steering Committee to establish temporary exhibition space in the front windows of the Newtown Town Hall while construction work is underway.

5.    That Council note that all Town Hall open days are to be completed by June 2023.

6.    That Council investigate permanent activations at the street entrance of Marrickville Town Hall on Marrickville Road to make the entry more inviting and accessible. Activations could include Council signage on the bus shelter and bin and flags and street art. The signage could include a QR code that links to Council’s website where residents can submit an Expression of Interest for an artist residency at the Town Hall.

7.    That the funding required, approximately $20,000, to implement the above recommendations be sourced from the Economic Development budget and also underspend in the Community Directorate.

 

Background

Council has resolved to hold open days as part of its ongoing work to activate town halls for use by artists, creative industries or as a Pride Centre at Newtown Town Hall.

Reference and Steering groups have been established as part of the project to activate Marrickville Town Hall and Pride Centre and at the February council meeting, council resolved to hold open days for each town hall in the Local Government Area before June 2023, utilising feedback from the Marrickville Town Hall Open Day. 

Improving the streetscape outside Marrickville Town Hall could improve activation as an arts and cultural hub. The current entrance is imposing and the steps are a barrier to entry. 

The idea to activate the front entrance of the Town Hall came out of discussion with another member of the Marrickville Town Hall Steering Committee on the recent Town Hall Open Day. 

Officer’s Comments:

 

No further comments were required for this Notice of Motion.

 

 

ATTACHMENTS

Nil.

 


Council Meeting

14 March 2023

 

Item No:         C0323(1) Item 21

Subject:         Notice of Motion: Pride Inner West and Mardi Gras            

From:             Councillors Jessica D'Arienzo, Liz Atkins and Pauline Lockie  

 

 

MOTION

 

1.   That Council notes the successful Pride Inner West festival held from 11 February to 5 March 2023, which celebrated our local LGBTQ+ community as part of Sydney WorldPride.

 

2.   That Council commends the work of staff, members of Council’s World Pride Committee and LGBTQ Working Group, in developing and implementing the festival, which included more than 70 inclusive and accessible events across the Inner West.

 

3.   That Council notes Council's longstanding 'Feel The Love' Mardi Gras reception and the success of the inaugural Pride Inner West Festival and prepares a report to detail an annual program of events, including a Mardi Gras Parade screening, in celebration of our LGBTQ+ community.

 

Background

 

Pride Inner West took place from 11 February to 5 March 2023 and included over 70 free or low-cost events across our suburbs, in our libraries, aquatic centres, sporting fields, bars and other indoor and outdoor spaces, including screening of the Mardi Gras parade in Camperdown Memorial Rest Park attended by over 1,000 locals. We launched Pride Square and the Rainbow Pathway in Newtown and installed nine new Pride Seats across the Inner West as permanent reminders of our community’s inclusivity and support for the LGBTIQA+ community. 

 

The festival was welcomed and enjoyed by people from across the Inner West and from further afield. It brought a great number of visitors to the Inner West and Inner West businesses participated enthusiastically.  

 

There has been some discussion on social media about why we need such a display of solidarity with the LGBTQ+ community. Unfortunately, we must acknowledge that there were some behaviours during the Pride Inner West Festival which answered this question all too clearly. However, the outpouring of support from community for affected businesses is a clear indication that our community does not tolerate homophobia or any other bigotry. 

 

Officer’s Comments:

 

No further comments were required for this Notice of Motion.

 

 

ATTACHMENTS

Nil.

 


Council Meeting

14 March 2023

 

Item No:         C0323(1) Item 22

Subject:         Notice of Motion: Motion for the 2023 National General Assembly of Local Government: Preventing greenwashing and promoting ethical and climate positive investments in Local Government Super Funds           

From:             Councillor Justine Langford  

 

 

MOTION

 

That Council endorses the following motion to be submitted to the 2023 National General Assembly of Local Government:

 

This National General Assembly of Local Government calls on the Australian Government to:

1.   Actively encourage local government super funds to divest from companies engaging in the extraction of fossil fuels, native forest logging, gambling, weapons manufacturers, and tobacco;

2.   Take immediate action to ensure the integrity and accountability of carbon offset programs, while supporting and funding councils to directly reduce operational and community emissions through the roll out of local renewable energy infrastructure and other greenhouse gas reducing initiatives;

3.   Ban the practice of ‘greenwashing’ in local government super funds, ensuring that local government super funds that invest in companies engaging in the extraction of fossil fuels, native forest logging, gambling, weapons manufacturers, and tobacco are not able to promote their funds as being environmentally friendly or ethical investors.

 National Objective

This motion addresses the following key questions in the 2023 discussion paper:

1.   Climate Change and Renewable Energy: Noting the Government’s commitment to reducing emissions, are there programs and initiatives that the Commonwealth Government could develop to assist councils in their work to address climate change and reduce emissions?

 

Background

 

Local government is constantly on the frontlines and doing the heavy lifting when dealing with severe weather events. We now accept that climate change contributes to more severe weather events which occur more frequently than previously. From the recent floods in the Kimberley and those that shattered the north coast of NSW in March 2022, to the east coast bushfires of the 2019/20 summer, the reality of climate change is upon us. In this context it is no longer acceptable for the retirement savings of local government sector employees to be invested in fossil fuel entities which are continuing to contribute to, and make worse, the effects of climate change.

 

At the time of writing 117 Australian local government jurisdictions have declared a climate emergency representing well over eleven million residents and over 45% of the Australian population.

Historically each Australian State has had a superannuation fund associated with its local government sector. Those arrangements have morphed into the current situation which is:

NSW - Active Super (formerly Local Government Super) an industry fund currently in merger negotiations with Vision Super (Victoria).

Clause 15 of the Local Government (State) Award 2020 requires NSW local government employees to contribute to the Local Government Superannuation Scheme (which is now known as Active Super) and no other scheme.

Victoria – Vision Super formerly known as Local Authorities Superannuation Fund, Vision Super has been providing servicing since 1947. It is currently in merger negotiations with Active Super.

South Australia – State Super which merged with Local Government Superannuation Scheme in 2012

Queensland – Brighter Super – LGSuper became LGIA Super in 2016, which then merged with Energy Super and acquired Suncorp’s superannuation business. It then renamed itself Brighter Super in July 2022.

Western Australia – Aware Super –WA Super (originally established for local government employees in Western Australia) merged with Aware Super in 2020. Aware Super is itself a merger between First State Super (NSW) and VicSuper (Victoria).

Northern Territory - Hostplus

Ethical status of funds

Each of the State funds offer a range of superannuation  products ranging from ‘conservative’ to ‘growth’.

Some of the funds offer an ‘ethical’ or ‘socially responsible’ option. These funds are:

Brighter Super  https://www.brightersuper.com.au/investments/investment-options/socially-responsible

Aware Super - https://aware.com.au/member/investments-and-performance/our-approach-responsible-ownership/socially-responsible-investment-options

SA State Super - https://www.supersa.sa.gov.au/investments/how-your-investments-are-managed/responsible-investing/

Vision Super (Victoria) and Active Super (NSW) do not appear to have a socially responsible option.

Investment in fossil fuel companies

The Market Forces website identifies that most of these super funds invest in the some of the180 publicly listed companies included in their Climate Wreckers Index.

The superannuation funds above are identified by Market Forces as having an exposure to the companies on the Climate Wreckers Index as:

Active Super – Accelerator-High Growth   6.08%

Aware –           High Growth                       3.5%

LGIA (Brighter Super) - My Super             6.01%

Vision Super - Balanced Growth               4.22%

Companies included in the Climate Wrecker Index include the following companies which are found in the investment disclosures of these super funds (although not all companies are invested in by each of these funds). For example:

BHP, BP, ExxonMobil, Glencore, Bahrat petroleum, Cubu Electric Power, Devon Energy, EQT, Galp Energia, Itochu, Marathon Oil, Mitsubishi, Rio Tinto/RioZim, Siemens, Santos, Woodside,

Market Forces estimate that the average investment share by super funds in Australia in the Climate Wrecker Index companies is 6.26%, and that this results in each member account investing $4800 in fossil fuel producing companies.

Investment in companies associated with gambling

Investment in companies in the gambling industry is also common. Vision Super has the following gambling associated investments:

Aristocrat Leisure and Tabcorp

Investment in weapons manufacturers

Vision Super invests in:

Thales, Raytheon, Rheinmetall

Greenwashing

In September 2022 the Australia Competition & Consumer Commission announced it was targeting greenwashing after hearing growing concerns that businesses are falsely representing  their environmental credentials.

The Australian Securities and Investment Commission (ASIC) also took action in 2022 on greenwashing including issuing an infringement notice to a superannuation trustee.

Future expectations of local government employees to have their super in sustainable and ethically based superannuation funds

In 2021 86% of Australians said they expected their superannuation, or other investments, to be invested responsibly and ethically.

Local government employees who are directed by default towards preferred superannuation funds (including those in NSW who under the Employment Award must have their super paid into Active Super) deserve to have a default option which is environmentally and socially sustainable.

There needs to be much clearer regulation of the claims made by superannuation funds which cater for local government employees as to what is sustainable.  

For example in its 21/22 Responsible Investment Report Active Super states that carbon capture and storage and the supply of gas are an acceptable part of a sustainable mix. We disagree that this meets current community expectations, particularly for a fund which states:

Unlike some super funds who offer ‘socially responsible’ or ‘ethical’ investment options within their broader portfolio, our responsible investment principles are applied to our ENTIRE range of products.

 

Officer’s Comments:

 

No further comments were required for this Notice of Motion.

 

ATTACHMENTS

Nil.

 


Council Meeting

14 March 2023

 

Item No:         C0323(1) Item 23

Subject:         Notice of Motion:  Urgent Maintenance and Improvement of Pedestrian Safety on Bayview Avenue Bridge, Tempe           

From:             Councillor Justine Langford  

 

 

MOTION

 

1.    That Council notes that the pedestrian pathway on the bridge crossing the Cooks River at Bayview Avenue, Tempe is too narrow, and unsafe for pedestrians, cyclists, prams, wheelchairs and dog walkers.

 

2.    That Council notes that recently a local resident cut her hand on some wire that is protruding from the handrail on the bridge.

 

3.    That Council writes to the NSW Minister for Transport to request a new bridge to cater for active transport and to request urgent maintenance to address the immediate safety issues of rotten boards and sharp wire.

 

4.    That Council writes to the NSW Shadow Minister for Transport, asking them to commit to upgrading the bridge if they are elected.

 

Background

 

The Bayview Avenue Bridge, crossing the Cooks River between Tempe and Earlwood is not fit for purpose, being too narrow, unsafe for pedestrians. The pedestrian access is little more than single file on one side of the bridge and a double-pram cannot pass across the pedestrian walkway.

 

Some of the wooden boards on the pedestrian walkway are rotten and the handrail has wire protruding from it. Last week a local resident cut her hand on the wire.

 

The current bridge does not support or encourage active transport.

 

The bridge is a Transport for NSW asset.

 

Officer’s Comments:

 

No further comments were required for this Notice of Motion.

 

ATTACHMENTS

Nil.

 


Council Meeting

14 March 2023

 

Item No:         C0323(1) Item 24

Subject:         Notice of Motion: Improving Pedestrian Safety on Wardell Road Bridge, Marrickville           

From:             Councillor Justine Langford  

 

 

MOTION

 

1.   That Council notes that the pedestrian pathway on either side of the Wardell Road bridge, crossing the Cooks River in Marrickville, is narrow, unfenced and unsafe for pedestrians, cyclists, prams, dog walkers and wheelchairs.

 

2.   That Council notes that there is no zebra crossing on Wardell Road, Marrickville before the start of the bridge. This is a popular place for pedestrians and golfers from Marrickville Golf Club to cross. Crossing can be dangerous, especially during peak hour when traffic is heavy.

 

3.   That Council urgently repairs the damaged pedestrian refuge on Wardell Road, Marrickville to improve pedestrian safety.

 

4.   That Council investigates installing traffic calming measures within the area to improve safety for pedestrians and cyclists and encourage active transport. Measures to be investigated could include:

a)   A zebra crossing on Wardell Road, Marrickville at the start of the bridge;

b)   Reducing speed limits;

c)   Safety fencing on either side of the bridge; and

d)   Dedicating one of the paths to pedestrians and the other path to cyclists.

 

Background

 

The pedestrian pathways on the Wardell Road Bridge between Marrickville and Earlwood are narrow and unsafe. The bridge is well utilised by cars, pedestrians and cyclists. Traffic is heavy during peak hours.

 

The current access does not support or encourage active transport.

 

The pedestrian refuge on Wardell Road is damaged and degraded and needs urgent repairs to improve pedestrian safety.

 

The Wardell Road Bridge is a regional road and is jointly owned by Inner West Council and Canterbury Bankstown Councils.

 

Officer’s Comments:

 

No further comments were required for this Notice of Motion.

 

ATTACHMENTS

Nil.


Council Meeting

14 March 2023

 

Item No:         C0323(1) Item 25

Subject:         Notice of Motion: Motion for the 2023 National General Assembly of Local Government - Banks to offer more investment products           

From:             Councillor Mark Drury   

 

 

MOTION

 

That the Australian Local Government Association commence a campaign to convince all large banks to offer more investment products that will not contribute to further climate change, to Local Governments who want them.

 

 

 

Officer’s Comments:

 

No further comments were required for this Notice of Motion.

 

ATTACHMENTS

Nil.

 


Council Meeting

14 March 2023

 

Item No:         C0323(1) Item 26

Subject:         Question on Notice: Staff changes           

From:             Councillor John Stamolis   

 

Comment by the General Manager:

 

Answers to the question will be provided at an Ordinary Council meeting in March 2023.

 

Question

 

It would be appreciated if Council could provide staff recruitment and staff termination data for 2017, 2021 and 2022. 

 

 

Answer

 

The following head count numbers include permanent and temporary employees (new starters, terminations and total staff) but do not include casuals.

 

The TechOne payroll system was implemented during 2018 and therefore figures for 2017 could not be accurately reported. The 2017 data listed below is provided as approximates only based on a culmination of archived data.

 

 

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

 

 

ATTACHMENTS

Nil.

 


Council Meeting

14 March 2023

 

Item No:         C0323(1) Item 27

Subject:         Question on Notice: Employee Termination Costs           

From:             Councillor John Stamolis   

Since the merger, over the 5 years from 2016 to 2021, Councils employee termination costs have been above $2 million (and as high as $5.64 million). 

 

 

Question

 

Council to advise on the factors driving the cost of termination for each year.

Answer

 

There are varying factors that drive termination costs which can fluctuate from year to year. External factors may include general candidate market volatility that drive individual lifestyle choices. Internal factors may include changes in organisational design because of the amalgamation, incorporated voluntary redundancies and then end of the five-year protection period for staff post amalgamation.

Question

Council to report on the high cost of termination over financial year 2019-20.

Answer

 

The CEO of Inner West Council during this period undertook a major restructure which significantly impacted the management level of the organisation. The basis of the restructure was to realign the new amalgamated Council with the Strategic objectives of the organisation taking into consideration Council’s financial position. One of the objectives of the restructure was the reduction of middle management staffing numbers following the merging of three Councils.

 

Question

 

Council to advise on the low amount of employee termination costs over the most recent year 2021-22.

Answer

 

A new General Manager (GM) was appointed in May 2021 and a new four Directorate structure was adopted in June 2021. A new Executive Team has been recruited and we commenced a period of stability at the senior management level and for the organisation. 

 

ATTACHMENTS

Nil.


Council Meeting

14 March 2023

 

Item No:         C0323(1) Item 28

Subject:         Question on Notice: Inner West Bushcare Sites           

From:             Councillor John Stamolis   

 

Comment by the General Manager:

 

Answers to all questions will be provided at an Ordinary Council meeting in April 2023.

 

This Question on Notice seeks to provide Councillors with a list of bushcare sites located in the Inner West as well as who looks after these and the frequency or works.

 

Question

 

Please supply the data a detailed in the table:

 

a)   Bushcare site - the name of the bushcare site

b)   Suburb

c)   Contractor? - Is the bushcare activity conducted by Council staff, External contactor, Community group, other volunteers or a mix (Council staff/Volunteers)

d)   Contract commenced - details when an external contractor commenced work

e)   Frequency - details the frequency of bushcare activity (1 day per week, 3 days per month etc)

 

 

Question

 

What has been the total expenditure on these bushcare sites, by Council, for each of the past 5 financial years?

 

 

ATTACHMENTS

Nil.

 


Council Meeting

14 March 2023

 

Item No:         C0323(1) Item 29

Subject:         Question on Notice: Road Repair Funding Grant $5 Million           

From:             Councillor John Stamolis   

 

State Government has recently announced funding of $220 million for a road repair program for metropolitan Councils. 

Inner West Council is set to receive $5 million.   

NSW Roads Minister Natalie Ward said the funding was based on dialogue with Councils.   

The Minister said that the funds would help Councils deal with the backlog of road damage caused by repeated weather events over the last 12 months. 

It would be appreciated if the following questions could be answered: 

 

Question

What dialogue has Council had with the Minister or Department? 

 Answer

 

The Department contacted Council officers in January following a letter from the Minister for Metropolitan Roads. They advised of the funding and application process, and to offer assistance in preparing the application if required. Council was required to submit details of the total lengths of roads in its Council area, with the total funding package distributed to Councils according to the size of the road network under their management. Council continues to liaise with officers from Transport for NSW to ensure that these funds are spent properly in accordance with the conditions of the grant.

 

Question

When will these funds be made available to Council? 

Answer

 

Council received the full funding amount in February.

 

Question

Has Council identified a schedule of works for this funding?  Please supply broad detail.   

Answer

 

Council officers are currently developing a schedule of works.

 

 

Question

Are there any areas in the Inner West where roads have been impacted more than other areas by weather conditions over the past 12 months? 

 

 

 

Answer

 

A review of the pothole repair requests since January 2022, indicates the highest number of pothole repair requests were from the suburb of Marrickville, followed by Ashfield, Balmain/Birchgrove, Leichhardt then Dulwich Hill.

 

Question

Over what period will Council use these funds?   

 Answer

 

Under the terms of the funding agreement, works need to be undertaken between 1 January 2023 and 29 February 2024.

 

Question

Will Council need to employ  additional staff or use contractors to do this work? 

Answer

 

Council is currently reviewing its internal staffing capacity to deliver these works.

 

Question

Councils regional and local road spending over the next two financial years is planned to be $8.24 million (2022-23) and $8.22 million (2023-24)?  Please check this.   

Answer

In the order of $9.3 million and $ 9.0 million for FY24 and FY25 for Regional Road and Local Road renewal including Regional Road funding.

 

Question

It is expected that the $5 million funding from State Government will provide a solid boost to regional and local road works in the Inner West (a 30% boost if the funds are used over two years).  Is this correct? 

Answer

 

The funding from the State Government is in addition to any planned works that were to be undertaken by Council and does not reduce the amount that Council has already committed.

 

 

ATTACHMENTS

Nil.

 


Council Meeting

14 March 2023

 

Item No:         C0323(1) Item 30

Subject:         Question on Notice: LPAC Masterplan Expenditure           

From:             Councillor John Stamolis  

 

The Leichhardt Aquatic Centre Masterplan commenced in 2018 and was approved by Council

in September 2020. Section 12 of the LPAC Masterplan details the Implementation Plan to

support the masterplan. 

 

The table below shows only total expenditures for those five years as identified in the Implementation Plan. 

It would be appreciated if the following questions could be answered: 

Question

Please reproduce the table below showing actual expenditure on the masterplan for 2019/2020, 2020/2021 and 2021/2022. 

Answer

 

Actual

Actual

Actual

Actual

Year

2018/19

2019/20

2020/21

2021/22

Expenditure

170,038

214,904

235,214

33,142

 

Question

Please show the expected expenditure for 2022/2023, 2023/2024. 

Answer

 

Budget

Budget

Year

2022/23

2023/24

Forecasted Expenditure

691,858

3,225,000

 

Question

Are there any data for forward years 2024/2025, 2025/2026. 

Answer

 

Budget

Budget

Budget

Year

2024/25

2025/26

2026/27

Forecasted Expenditure

8,710,000

13,650,000

14,268,837

 

Question

Where there are differences between current data and the original data (in the table below) please detail what has caused this. 

 

 

Answer

 

The LPAC Master Plan budget as set out in the table below that totals $15.56M is taken from the original LPAC Master Plan document that was prepared and approved in 2020, these estimates had a number of exclusions and did not contemplate the cost escalations that have been experienced across the construction industry post the COVID19 pandemic.

 

As a result of an updated Quantity Surveyors estimate commissioned in early 2022 it was found that the Master Plan estimates were significantly understated relative to the scope of works to be undertaken, the revised project value is $40.55M.

 

In June 2022 a report was presented to the Council as an update on the LPAC Master Plan, that among other things set out the condition of the current plant/equipment and pool structures, funding sources for the $40.55M project estimate and proposed delivery program to allow for the feasibility and planning needed to inform the final designs, this is attached as a reference. 

 

The subsequent meeting minutes are extracted below.

 

 

Question

Any other information relating to the status of the masterplan, any works, grants or other would be appreciated.   

 

 

Answer

 

The Project team are in the process of procuring and engaging specialist consultants to work on the concept and detailed designs including the sustainability related review of current plant and equipment arrangements and the designs of the replacement swimming pools and new public outdoor areas to the rear of the existing site.

 

Inner West Council has recently been invited to apply for the $1,000,000 in funding under the investing in our communities program which is subject to an application and assessment process.

 

 

ATTACHMENTS

Nil.

 


Council Meeting

14 March 2023

 

Item No:         C0323(1) Item 31

Subject:         Question on Notice: GreenWay Works           

From:             Councillor Justine Langford   

 

Excerpt from email from concerned local resident and member of IWEG (Inner West Environmental Group

 

Clearing and Grubbing

IWEG had understood that the Southern links (from Old Canterbury Rd to Hercules St) would be built after the Central links was complete as there was some uncertainly about the funding. We have recently learnt that Clearing and grubbing will begin as early as 1st April (the next planned rail shut down) along the entire length of the remaining sections. The clearing and grubbing would be over the entire width of the bushcare sites. We had naively understood that an attempt would be made to save as much for the plantings as possible.

It may be that works will not start on the cleared sections for another 18 months. Subjecting the sites to soil erosion, sediment run off, dust pollution, loss of native seed bank and loss of visual amenity. The clear soil will lead to weed invasion and will mean the sites will have to be recleared before the contraction works can begin. A waste of money.

 

Sydney Water sewer pipe renewal

We recently learnt that Sydney Water will be undertaking sewer renewal to stop sewer surcharge into people’s homes during heavy rain. The pipe line will travel from Terry Road to near the community garden and then across the rail line into the Pigott St Bushcare site. We have been negotiating with Sydney Water for the least tree removal path. Instead of a loss of 15 trees we are now losing 4. The bad news is that a 6m path will need to be built thought the Waratah Mills site to allow access for the cement trucks.

 

Destruction of the last natural Creek line in the Inner West.

Even more distressing and something that we weren’t aware of till recently is the destruction of the “Last remaining Natural Creek line” in the area behind Hercules Street, towards Jack Shanahan Skate Park. This area is an Environmental offset site, of high importance, for Transport for NSW.  The creek line contains natural sandstone shelving, natural pools, remanent native plants, landscape flows and is an important area for pollination. We understand that the creek line will be regraded (destroying any environmental value), some of the length will become enclosed and moved to make way for the path.  Urban Ecology are deeply concerned about the loss of this site and have been fighting within Council to come up with a solution that will build the path and save the creek but has been falling on deaf Engineering ears, having been told “It’s over grown anyway”.

 

 

Question

 

Please confirm if Council has authorised works outlined below? (excerpt from email from concerned local resident and member of IWEG (Inner West Environmental Group))

 

Answer

 

The works in question relate to preparation works for the installation of a fence to separate the greenway and the rail corridor and are required to deliver the GreenWay pathway project. The timing of the works are to coincide with a scheduled track shut down which is on the 1st & 2nd April 2023. This is to enable a safe work site and address the risk to the rail corridor. Further works to do not require a rail shut down.

 

Council intends to notify residents in the areas of the works shortly.

 

Question

 

If these works are planned or occurring, can Council propose alternatives that would significantly reduce or eliminate adverse impacts on biodiversity along the GreenWay?

Answer

 

The works being undertaken at this time are only those required to facilitate access to the site for the construction works that will include the installation of new site fencing to separate the works site.

The pre-works are not removing all vegetation across the bushcare sites, the work involves only identified trees and vegetation required to facilitate the above access needs and to satisfy safety requirements around working in or near the active rail corridor.

There will be no removal of vegetation around the natural creek bed area during this work.

The Sydney Water sewer renewal works are separate from the GreenWay project.

 

ATTACHMENTS

Nil.

 


Council Meeting

14 March 2023

 

Item No:         C0323(1) Item 32

Subject:         Question on Notice: Urban Ecology Team Recruitment           

From:             Councillor Justine Langford   

 

Question

 

Please confirm whether Council has advertised the new and vacant roles in the Urban Ecology team?

Answer

 

This is an operational matter and it is anticipated that roles will be advertised early May. 

 

Question

 

If these roles have not been advertised yet, please confirm date for advertisement? Noting that there is a critical staff shortage in the Urban Ecology team. Council Officers advised that the vacant roles were to be advertised in early 2023.

Answer

 

This is an operational matter and it is anticipated that roles will be advertised early May.  

 

 

ATTACHMENTS

Nil.

 


Council Meeting

14 March 2023

 

Item No:         C0323(1) Item 33

Subject:         Update on the acquisition of investment properties           

Prepared By:      Scott Mullen - Strategic Investments and Property Manager  

Authorised By:  Kelly Loveridge - Director Corporate

 

 

RECOMMENDATION

 

That Council receive and note the report.

 

 

DISCUSSION

Council will move into closed session to deal with the Update on Acquisition of Investment Properties, for information which is classified as confidential under section 10A(2)(d)(c) and  (Section 10A(2)(d)(ii) of the Local Government Act 1993. The matter is deemed confidential, as the matter is commercial information of a confidential nature that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business and if disclosed confer a commercial advantage on a competitor of the council.

 

Pursuant to section 10A(2), 10(2) and 10A(3) of the Local Government Act 1993, the media and public will be excluded from the meeting on the basis that the business to be considered is classified as confidential under section 10A(2)(d)(c) and (Section 10A(2)(d)(ii)  of the Local Government Act 1993.

 

 

ATTACHMENTS

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.


Council Meeting

14 March 2023

 

Item No:         C0323(1) Item 34

Subject:         Panel Member Appointment - Sydney Eastern City Planning Panel (SECPP)           

Prepared By:      Rachel Josey - Operations and Special Projects Manager  

Authorised By:  Simone Plummer - Director Planning

 

 

RECOMMENDATION

 

That Council appoint the identified candidates, selected through the Expression of Interest Process, as additional Council representatives on the Sydney Eastern City Planning Panel (SECPP), subject to the required background checks and statutory declarations being finalised.

 

 

 

BACKGROUND

At its Ordinary Council meeting on 25 October 2022, Council resolved:

That Council expand its list of alternate members listed for the Sydney Eastern City

Planning Panel by four members who are independent planning experts to ensure adequate representation when determining regionally significant development

 

The Sydney Eastern City Planning Panel (SECPP) is a part of the Sydney District Planning Panels (SPP) which were established in November 2016 along with Regional Planning Panels to replace Joint Regional Planning Panel’s (JRPP) operating throughout NSW.  There are five Sydney District Planning Panels.  Inner West lies within the Sydney Eastern City Planning Panel (SECPP) area. 

 

Panels comprise of five members: 

·              Chair appointed by the Minister of Planning    

·              2 alternate expert representatives appointed by the Minister of Planning

·              2 council appointed representatives  

 

Property developers and real estate agents are not eligible to be members of a Panel. 

 

All Panel members appointed by the Minister, including alternates, must have expertise in one or more of the following areas: planning, architecture, heritage, the environment, urban design, land economics, traffic and transport, law, engineering, tourism or government and public administration. 

 

At least one council member must have expertise in one or more of the following areas: planning, architecture, heritage, the environment, urban design, land economics, traffic and transport, law, engineering, or tourism. 

 

Council’s current panel members are as follows:

 

Chair 

Carl Scully  

Alternate expert representatives 

Jan Murrell  

 

Roberta Ryan 

Council appointed representatives 

Mayor Darcy Byrne 

 

Deputy Mayor Phillipa Scott 

 

Brian McDonald 

 

Deborah Laidlaw 

 

The Sydney Eastern City Planning Panel makes decisions on Regionally Significant development and provides advice on planning proposals. Generally, these projects have a capital investment value greater than $30 million. Other categories of Regionally Significant Development include Council or Crown development applications, with a capital investment value greater than $5 million. 

 

In December 2022 Council officers received notice from the Department of Planning, Industry and Environment regarding changes to both Sydney District & Regional Planning Panels (RPP) and Local Planning Panels.  The changes to Sydney District & Regional Planning Panels can be summarised as: 

·    requiring RPP members to be rotated regularly to randomise panel membership 

·    requiring probity checks, including police checks, for community representatives in RPPs, and a statutory declaration that representatives are not property developers or real estate agents 

·    encouraging councils to appoint a minimum of 4 alternate council members that can sit on their relevant RPP 

·    appointing a minimum of 60 experts in the pool that Sydney District Panels and Regional Planning Panels choose from, which is under way by the Department Planning and Environment.  There is currently one pool of approximately 55 State-appointed members and alternate members for Sydney District and Regional Planning Panels.  The chair on each panel selects the panel members based on availability, usually two weeks before a panel meeting.

 

These changes come into effect immediately.   

 

DISCUSSION

The purpose of this report is to advise Council of the outcomes of the Expression of Interest (EOI) process undertaken, in accordance with Council’s resolution of 25 October 2022, regarding the appointment of additional representatives for SECPP.  By enacting the Council Resolution Inner West Council will also be compliant with the changes made by the Department of Planning and outlined above.

 

EXPRESSION OF INTEREST SELECTION PROCESS

The EOI process seeking applications for SECPP Council representatives was advertised between 24 November 2022 to 23 January 2023. Council received 20 applicants with a ranging degree of experience and qualifications. All applicants were assessed against the predetermined criteria (see below) to ensure a fair and objective process.

The EOI selection process and preferred candidates are outlined in the confidential report in Attachment 1.

 

FINANCIAL IMPLICATIONS

Development that is subject to review by the SECPP are funded within existing budget allocations. Additional panel members will not have financial implications.

 

ATTACHMENTS

1.

Confidential Report - Appointment of Council Representatives for SECPP - Confidential

This attachment is confidential in accordance to personnel matters concerning particular individuals (other than councillors) (Section 10A(2)(a) of the Local Government Act 1993).

 

 


Council Meeting

14 March 2023

 

Item No:         C0323(1) Item 35

Subject:         FOGO Processing Contract Update           

Prepared By:      Erin White - Manager Resource Recovery and Fleet Services  

Authorised By:  Peter Gainsford - General Manager

 

 

RECOMMENDATION

 

That Council receive and note the report.

 

 

DISCUSSION

Council will move into closed session to deal with the FOGO Processing Contract Update, which is classified as confidential under section Section 10A(2)(c) and Section 10A(2)(d)(i) of the Local Government Act 1993. This matter is deemed confidential, as the matter is commercial information of a confidential nature that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business and if disclosed, prejudice the commercial position of the person who supplied it.

 

Pursuant to section 10A(2), 10(2) and 10A(3) of the Local Government Act 1993, the media and public will be excluded from the meeting on the basis that the business to be considered is classified as confidential under Section 10A(2)(c) and Section 10A(2)(d)(i) of the Local Government Act 1993.

 

 

ATTACHMENTS

1.

Confidential Report - FOGO Processing Contract Update - 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)(i) of the Local Government Act 1993) that would, if disclosed prejudice the commercial position of the person who supplied it.

2.

Signed Deed of Variation - 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)(i) of the Local Government Act 1993) that would, if disclosed prejudice the commercial position of the person who supplied it.