COUNCIL
Meeting No 1555 Monday 25 August 2014 Notice No 7/1555 Notice Date 21 August 2014
Monday 25 August 2014 1676
INDEX TO MINUTES
ITEM PAGE NO
1. CONFIRMATION OF MINUTES ...... 1679
2. DISCLOSURES OF INTEREST ...... 1680
3. MINUTES BY THE LORD MAYOR –
3.1 SYDNEY HARBOUR FORESHORE AUTHORITY – TRANSFER OF RESPONSIBILITY ...... 1681
3.2 SOCIAL SUSTAINABILITY TASKFORCE ...... 1683
3.3 BAYS PRECINCT COLLABORATIVE ENGAGEMENT ...... 1687
3.4 BUSINESS VOTING IN THE CITY OF SYDNEY ...... 1690
4. MEMORANDA BY THE CHIEF EXECUTIVE OFFICER ...... 1700
5. MATTERS FOR TABLING ...... 1701
6. REPORT OF THE CORPORATE, FINANCE, PROPERTIES AND TENDERS COMMITTEE - 18 AUGUST 2014 ...... 1702
6.1 DISCLOSURES OF INTEREST ...... 1703
6.2 2013/14 QUARTER 4 REVIEW – CORPORATE PLAN 2013-2016 .... 1703
6.3 INVESTMENTS HELD AS AT 31 JULY 2014 ...... 1704
6.4 NAMING PROPOSAL - GREEN SQUARE TOWN CENTRE – POST EXHIBITION ...... 1704
6.5 PROPOSED LAND CLASSIFICATION – PROPOSED GREEN SQUARE PLAZA ...... 1706
6.6 LAND CLASSIFICATION – LAND FOR AFFORDABLE HOUSING AND HOUSING FOR PEOPLE WITH A DISABILITY, HAROLD PARK ...... 1706
6.7 SALE OF LAND AT HAROLD PARK ...... 1706
6.8 HEADLAND PARK INTEGRATION WORKS COST UPDATE ...... 1707
6.9 LEASE - PROPOSED ASSIGNMENT OF LEASE TO GR AND KA GILLESPIE PTY LTD, I AND B MCDOUGALL PTY LTD AND DAVID TOUT PTY LTD - CORONATION HOTEL, 5-7 PARK STREET, SYDNEY ...... 1707
6.10 LEASE – APPROVAL OF SUBLEASE BETWEEN THE CITY AND CHAMP GROUP SERVICES PTY LTD FOR LEVEL 4 CUSTOMS HOUSE, 31 ALFRED STREET, SYDNEY ...... 1707
1677 Monday 25 August 2014
INDEX TO MINUTES
ITEM PAGE NO
6.11 LEASE – PROPOSED LEASE TO ATLASSIAN PTY LTD FOR LEVELS 8, 9 AND 10, 343 GEORGE STREET, SYDNEY ...... 1708
6.12 EXEMPTION FROM TENDER – TOWN HALL HOUSE REFURBISHMENT LEVELS 7 AND 13-16 – INCREASE IN CONTRACT CONTINGENCY FOR HEAD CONTRACTOR ...... 1708
6.13 EXEMPTION FROM TENDER – TOWN HALL HOUSE REFURBISHMENT LEVELS 1-3 – ADDITIONAL CONTINGENCY FOR HEAD CONTRACTOR AND HEAD DESIGN CONSULTANT CONTRACTS ...... 1708
6.14 EXEMPTION FROM TENDER - CROWN STREET PUBLIC DOMAIN UPGRADE - ADDITIONAL CONTINGENCY ...... 1709
6.15 TENDER - JOHN STREET RESERVE RETAINING WALL WORKS (STAGE1) ...... 1709
6.16 TENDER - 2015 SYDNEY CHINESE NEW YEAR TWILIGHT PARADE PROJECTIONS ...... 1709
6.17 TENDER - SYDNEY NEW YEAR'S EVE PIRRAMA PARK EVENT MANAGEMENT ...... 1710
7. REPORT OF THE ENVIRONMENT COMMITTEE - 18 AUGUST 2014 ...... 1711
7.1 DISCLOSURES OF INTEREST ...... 1711
7.2 QUARRY GREEN UPGRADE ULTIMO – DEVELOPED CONCEPT DESIGN – PROJECT SCOPE...... 1712
8. REPORT OF THE CULTURAL AND COMMUNITY COMMITTEE - 18 AUGUST 2014 ...... 1713
8.1 DISCLOSURES OF INTEREST ...... 1714
8.2 CREATIVE CITY CULTURAL POLICY AND ACTION PLAN 2014- 2024 – POST EXHIBITION ...... 1715
8.3 SPONSORSHIP AND ACCOMMODATION GRANT – SYDNEY GAY AND LESBIAN MARDI GRAS 2015 TO 2017 ...... 1715
8.4 ACCOMMODATION GRANTS PROGRAM – 2014 ANNUAL PERFORMANCE REVIEW, GRANT AND LEASE RENEWALS ...... 1716
8.5 ACCOMMODATION GRANTS PROGRAM – ALLOCATION OF GROUND FLOORS 113-115 AND 101-111 WILLIAM STREET, DARLINGHURST TO OBJECT: AUSTRALIAN DESIGN CENTRE ... 1717
8.6 SPONSORSHIP – 2014 AND 2015 CORROBOREE FESTIVALS ..... 1718
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INDEX TO MINUTES
ITEM PAGE NO
8.7 CORPORATE SPONSORSHIP – FORD MOTOR COMPANY – SYDNEY NEW YEAR’S EVE 2014 ...... 1718
8.8 SPONSORSHIP – INTERNATIONAL ASSOCIATION OF PUBLIC PARTICIPATION AUSTRALASIA – 2014 AUSTRALASIAN LEADERSHIP CONFERENCE ...... 1719
8.9 PROPOSED ALCOHOL RESTRICTIONS...... 1719
8.10 SPONSORSHIP – BINGHAM CUP 2014 ...... 1723
8.11 GREEN SQUARE COMMUNITY FACILITIES AND PUBLIC DOMAIN – FORMER SOUTH SYDNEY HOSPITAL SITE, ZETLAND – PROJECT SCOPE ...... 1723
9. REPORT OF THE PLANNING AND DEVELOPMENT COMMITTEE - 19 AUGUST 2014 ...... 1724
9.1 DISCLOSURES OF INTEREST ...... 1725
9.2 GREEN SQUARE UPDATE ...... 1726
9.3 PUBLIC EXHIBITION - 301-303 BOTANY ROAD, ZETLAND - GREEN SQUARE TOWN CENTRE - ESSENTIAL TERMS FOR DRAFT PLANNING AGREEMENT ...... 1726
9.4 TRAFFIC TREATMENT – CENTRE MEDIAN INSTALLATION – O’DEA AVENUE WATERLOO ...... 1727
9.5 POST EXHIBITION – GREEN SQUARE AQUATIC CENTRE AND GUNYAMA PARK, EPSOM PARK AND KELLICK STREET – PLANNING PROPOSAL AND DEVELOPMENT CONTROL PLAN AMENDMENT ...... 1727
9.6 DEVELOPMENT APPLICATION: 231-233 AND 235-239 COMMONWEALTH STREET SURRY HILLS ...... 1728
9.7 DEVELOPMENT APPLICATION: 4 LYNE STREET ALEXANDRIA ...... 1766
9.8 DEVELOPMENT APPLICATION: 767-779 BOTANY ROAD ROSEBERY ...... 1767
9.9 DEVELOPMENT APPLICATION: 50-54 COWPER STREET GLEBE ...... 1769
10. QUESTIONS ON NOTICE ...... 1795
11. SUPPLEMENTARY ANSWERS TO PREVIOUS QUESTIONS ...... 1819
12. NOTICES OF MOTION ...... 1820
1679 Monday 25 August 2014
PRESENT
The Right Hon The Lord Mayor Councillor Clover Moore (Chair)
Councillors - Irene Doutney, Christine Forster, Jenny Green, Robyn Kemmis, Robert Kok, Edward Mandla, John Mant, Linda Scott and Angela Vithoulkas.
At the commencement of business at 5.03pm, those present were:-
The Lord Mayor, Councillors Doutney, Forster, Green, Kemmis, Kok, Mandla, Mant, Scott and Vithoulkas.
Councillor Scott left the meeting of Council at 6.10pm prior to discussion on Part B of Item 3.3 on the agenda and returned at 6.11pm prior to discussion on Item 3.4. Councillor Scott was not present at, or in sight of, the meeting of Council during discussion and voting on Part B of this item.
Councillor Scott left the meeting of Council at 8.50pm prior to discussion on Item 8.4 on the agenda and returned at 8.51pm at the conclusion of discussion on Item 8.4. Councillor Scott was not present at, or in sight of, the meeting of Council during discussion and voting on this item.
Councillor Scott left the meeting of Council at 8.53pm prior to discussion on Item 9.8 on the agenda and returned at 9.03pm at the conclusion of discussion on Item 9.8 Councillor Scott was not present at, or in sight of, the meeting of Council during discussion and voting on this item.
Councillor Kemmis left the meeting of Council at 10.35pm during discussion on Item 12.6 on the agenda and returned at 10.39pm during discussion on Item 12.7.
Councillor Forster left the meeting of Council at 10.35pm during discussion on Item 12.6 on the agenda and returned at 10.40pm during discussion on Item 12.7
Councillor Kok left the meeting of Council at 10.37pm during discussion on Item 12.6 on the agenda and returned at 10.40pm during discussion on Item 12.7.
The Chief Executive Officer, Chief Operating Officer/Acting Director City Projects and Property, Chief Financial Officer, Director City Operations, Director Legal and Governance, Director City Planning, Development and Transport, Director City Life, Director City Engagement and Director Workforce and Information Services were also present.
Opening Prayer
The Lord Mayor opened the meeting with prayer and an acknowledgement of country.
ITEM 1 CONFIRMATION OF MINUTES
Moved by Councillor Kemmis, seconded by Councillor Kok –
That the minutes of the meeting of Council of Monday 28 July 2014, as circulated to Councillors, be confirmed.
Carried unanimously.
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ITEM 2 DISCLOSURES OF INTEREST
(a) Section 451 of the Local Government Act 1993
Councillor Linda Scott disclosed a less than significant non-pecuniary interest in Item 3.3 on the agenda, in that she works for the University of Sydney which is recommended for funding as part of the campaign around the Bays Precinct. Councillor Scott asked that this item be dealt with in two parts, in which case she would not be present for discussion and voting on the part dealing with clause (D) of the Recommendation.
Councillor Scott disclosed a less than significant non-pecuniary interest in Item 8.4 on the agenda in that:
• her sons attend a SDN childcare centre, however, not one of the centres which are proposed grant recipients; • she is a former Chair and current member of the Surry Hills Neighbourhood Centre, which is a proposed grant recipient, but is no longer on the governing Committee of the Centre; • she is a member of the Jessie Street National Women’s Library, which is a proposed grant recipient; • she is employed by the University of Sydney, however, her work is not related to the section of the University that is a proposed grant recipient; and • unbeknown to her at the time, a family member had recently received assistance from the Inner City Legal Service Centre, which is a proposed grant recipient, but the matter has now concluded – and was concluded before this matter came before Council.
Councillor Scott also disclosed a significant, non-pecuniary interest in Item 9.8 on the agenda in that one of the speakers on that item at the meeting of the Planning and Development Committee on 19 August 2014 made a small donation to her election campaign. Councillor Scott stated she would not be present for discussion and voting on this item.
Councillor Christine Forster disclosed a less than significant non-pecuniary interest in Items 8.3 and 8.10 on the agenda in that she has many close personal friends who are involved in those organisations, both in their organising committees and as staff.
No other Councillors disclosed any pecuniary or non-pecuniary interests in any matter on the agenda for this meeting of Council.
(b) Local Government and Planning Legislation Amendment (Political Donations) Act 2008
No disclosures were made by any members of the public at this meeting of Council.
1681 Monday 25 August 2014
ITEM 3.1 SYDNEY HARBOUR FORESHORE AUTHORITY - TRANSFER OF RESPONSIBILITY
FILE NO: S051491
MINUTE BY THE LORD MAYOR
To Council:
The Daily Telegraph reported on 15 August that the NSW Cabinet will consider a proposal to abolish the Sydney Harbour Foreshore Authority (SHFA) and make the City of Sydney responsible for the area currently administered by SHFA.
While we have not received any formal notification or been consulted by the Government on this proposal, notwithstanding its significant financial and operational consequences, we have consistently supported and advocated for the return of local government responsibilities in development areas that have been excised from the City and are controlled by the UrbanGrowth NSW Development Corporation, Sydney Harbour Foreshore Authority and Barangaroo Delivery Authority.
City government should have the authority to plan holistically for its area without profitable development areas being cherry-picked by successive State Governments.
It is inefficient and wasteful to have multiple bureaucracies and different organisations collecting waste, maintaining roads and providing services in the City of Sydney local government area.
It is also confusing for the community to navigate different processes and governance requirements to obtain a lease or approval or consent.
The City is therefore supportive of a proposal to return areas of the LGA previously excised from the City and currently controlled by SHFA.
It should save taxpayers’ money, enable more coherent strategic planning for the area by the City, and reduce the complexity currently associated with multiple bureaucracies for the community.
However, the specific terms for the transfer of SHFA are unknown to the City.
Important decisions need to be made in relation to SHFA’s property holdings, redevelopment projects and its development assessment, service provision and strategic planning functions.
Funding sources need to be provided to ensure appropriate levels of service and ensure that this is not simply a cost-shifting exercise.
In principle, the City supports the transfer of SHFA, but requests a full and detailed conversation to ensure the transfer occurs in an orderly and planned way with the best outcomes for taxpayers, businesses and the community.
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RECOMMENDATION
It is resolved that:
(A) the Lord Mayor write to the Premier expressing in-principle support for the transfer of the Sydney Harbour Foreshore Authority to the City of Sydney, and seeking the transfer of other areas which have been removed from the City’s authority, including the Urban Growth NSW Development Corporation and Barangaroo Delivery Authority;
(B) authority be delegated to the Chief Executive Officer to negotiate the terms of the transfers and report back to Council; and
(C) the Chief Executive Officer review the budget and report back to Council on any changes needed to meet the additional cost of providing services previously the responsibility of the Sydney Harbour Foreshore Authority.
COUNCILLOR CLOVER MOORE Lord Mayor
Moved by the Chair (the Lord Mayor), seconded by Councillor Scott –
That the Minute by the Lord Mayor be endorsed and adopted.
Amendment. Moved by Councillor Forster, seconded by Councillor Mandla –
That the motion be amended in clause (A) by the deletion, in the second line, of all words after the words “to the City of Sydney”.
The amendment was lost on the following show of hands –
Ayes (2) Councillors Forster and Mandla.
Noes (8) The Lord Mayor, Councillors Doutney, Green, Kemmis, Kok, Mant, Scott and Vithoulkas.
Amendment lost.
The motion was carried on the following show of hands –
Ayes (9) The Lord Mayor, Councillors Doutney, Green, Kemmis, Kok, Mandla, Mant, Scott and Vithoulkas.
Noes (1) Councillor Forster.
Motion carried.
1683 Monday 25 August 2014
ITEM 3.2 SOCIAL SUSTAINABILITY TASKFORCE
FILE NO: S051491
MINUTE BY THE LORD MAYOR
To Council:
The vision for Sydney in Sustainable Sydney 2030 is of a city that is green, global and connected.
Our sustainable vision has four pillars – environmental, economic, cultural and social.
Today, the City’s innovative environmental sustainability agenda is well established. We have reduced our organisation’s emissions by 20 per cent since 2006 and projects are underway to achieve further reductions in coming years.
The City’s Economic Development Strategy was very well received by the business sector and community when it was adopted last year and the City’s economy is growing rapidly with a series of innovative actions now underway. The last census showed that 40 per cent of all jobs growth in metropolitan Sydney was in our area. Some of the biggest jobs growth has taken place in our villages – Pyrmont and Ultimo grew by 46 per cent while Surry Hills and Redfern grew by 20 per cent.
The City’s Cultural Policy, which Council is endorsing tonight, has received widespread support and acclaim for its bold vision from the creative and cultural sector and community.
It is now time to refocus on social sustainability and, as outlined in the City’s 2014/15 Operational Plan, staff have started work on a Discussion Paper setting out the critical social sustainability issues impacting the City's communities. The Discussion Paper will ultimately inform a new Social Sustainability Strategy for the City of Sydney.
To progress the Paper, I propose the City establish a Social Sustainability Taskforce - a group of expert academics, representatives and practitioners who will work with staff to guide development of the Discussion Paper.
The Paper will look at the range of issues, including relative inequality, access and equity of opportunity, and our community’s ability to adapt to the future. It will set out ways the City can further support the community’s health and well-being.
We are committed to making a key principle in SS2030 a reality - to build a city which is inclusive and accessible to all, including the very young, the elderly and the disadvantaged.
It’s a huge task, but it is vital for our city.
At a packed City Talk in July, renowned Nobel Laureate, American economist Joseph Stiglitz, spoke about global trends towards greater inequality, and its high social and economic price.
Social sustainability is the foundation of social and economic wellbeing and is essential to support the quality of life, cultural diversity and prosperity of our city.
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Sydney is both a global city and a local one – home to people from many different walks of life and cultural backgrounds. Our city is made up of a vibrant mix of ethnic backgrounds, ages, languages, incomes, educations and professions.
We have residents from some 200 nationalities. We have an extraordinarily diverse population, half of whom were born overseas and one third of whom speak a language other than English. Many have Chinese ancestry and Chinese is the second most- spoken language here, after English.
We are home to one of Sydney’s largest Aboriginal communities and the country’s biggest GLBTI community.
We know that Sydney’s diversity is highly valued by the community, and it is an important contributor to Sydney’s economic and social success.
Protecting and nurturing the qualities that make Sydney such a great place to live, work and visit as the city undertakes rapid growth and change in coming years is a key focus of the Strategy.
Our population has increased by 11 per cent since 2006 and, in the decade to 2012, we were the largest and fastest growing local government area in NSW.
We have the highest commercial and residential densities in Australia, including neighbourhoods as different as Elizabeth Bay, Roseberry, Pyrmont and Waterloo.
And we are the very rich and very poor, with one of the highest levels of income inequality in greater Sydney. More than a quarter of our working-age residents have a weekly income of over $1,500 a week. But another quarter earns less than $350 per week.
State and Federal policies that have led to declining housing affordability and social housing have contributed to a displacement of lower income communities and there is growing pressure on the City’s social infrastructure – such as our schools and child care centres – because of rapid population growth. That pressure has been exacerbated by the failure of successive governments to match increasing population growth with adequate infrastructure, particularly in transport, education and health.
We know that our city’s growing population and prosperity brings new challenges – challenges we need to face together in a spirit of collaboration and shared responsibility.
As Joseph Stiglitz makes so clear – when we help others, our community as a whole benefits.
Sydney is not alone in facing these challenges and, by global comparisons, we are still a relatively fortunate and equitable place.
But our relative equality is no cause for complacency.
Just as we are working towards environmental sustainability in the face of the challenges of climate change, so we need to work with equal purpose and commitment to ensure a socially sustainable and equitable city, in the face of growing inequality.
1685 Monday 25 August 2014
Social Sustainability Taskforce
Improving social sustainability of our city has to be a shared vision and a shared responsibility.
We want to collaborate with other levels of government and the private and not-for-profit sectors to achieve our goals.
A key aspect of the development of this Strategy is broad engagement with our community – residents, businesses, workers and visitors - on the issues impacting the kind of society that they want to live and work in, today and in the future.
Our first step in developing this collaborative approach is the establishment of a Social Sustainability Taskforce.
The Taskforce will work with staff over the coming months to firstly develop a Social Sustainability Discussion Paper setting out the challenges and potential directions for action. That Paper will guide the development of our Social Sustainability Strategy and Action Plan, and associated policies, programs and initiatives.
Tonight, I recommend Council endorse the following people to join the Taskforce:
1. David Cant, CEO of Brisbane Housing Company
2. Eva Cox, Professorial Fellow at Jumbunna Indigenous House of Learning at UTS and Fellow of the Centre for Policy Development
3. Dr Susan Goodwin, Associate Professor and Associate Dean of Research, University of Sydney
4. Michael Perusco, CEO of St Vincent de Paul Society (NSW)
5. The Hon Susan Ryan, Australia’s Acting Disability Discrimination Commissioner
6. Dr Tim Soutphommasane, Australia’s Race Discrimination Commissioner
7. Rod Simpson , Associate Professor and Director Urban Design, University of Sydney
8. Professor Frank Stilwell, Professor Emeritus, University of Sydney Political Economy Department
The draft discussion paper, including recommendations from the Taskforce, will be reported to Council for endorsement.
RECOMMENDATION
It is resolved that:
(A) Council endorse the proposed process for development of the City’s Social Sustainability Strategy;
(B) Council endorse the members of the Taskforce listed in this Minute; and
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(C) authority be delegated to the Chief Executive Officer, in consultation with the Lord Mayor, to include additional relevant experts on the Taskforce, where appropriate, to achieve the Taskforce’s aims.
COUNCILLOR CLOVER MOORE Lord Mayor
Moved by the Chair (the Lord Mayor), seconded by Councillor Doutney –
That the Minute by the Lord Mayor be endorsed and adopted.
Variation. At the request of Councillor Forster, and by consent, the motion was varied in clause (B) by the addition of Tim Wilson, Australia’s Human rights Commissioner, as a member of the Taskforce; and in clause (C) such that it read as follows:
(C) authority be delegated to the Chief Executive Officer, in consultation with the Lord Mayor, and with Councillors via the CEO Update, to include additional relevant experts on the Taskforce, where appropriate, to achieve the Taskforce’s aims.
Point of Order
Councillor Forster raised a Point of Order in that Councillor Green’s comments about the Federal budget, when speaking on the motion, were not relevant.
The Chair (the Lord Mayor) overruled the Point of Order.
Dissent
Councillor Forster moved dissent against the ruling of the Chair (the Lord Mayor) on the Point of Order.
The motion of dissent was put to the vote and was lost on the following show of hands –
Ayes (2) Councillors Forster and Mandla.
Noes (8) The Lord Mayor, Councillors Doutney, Green, Kemmis, Kok, Mant, Scott and Vithoulkas.
Motion of dissent lost.
Point of Order
Councillor Forster raised a Point of Order in that Councillor Mant’s comments about the Federal budget, when speaking on the motion, were not relevant.
The Chair (the Lord Mayor) overruled the Point of Order.
The motion, as varied by consent, was carried on the following show of hands -
Ayes (9) The Lord Mayor, Councillors Doutney, Forster, Green, Kemmis, Kok, Mant, Scott and Vithoulkas.
Noes (1) Councillor Mandla.
Motion carried.
1687 Monday 25 August 2014
The motion, as adopted by Council, is as follows:
It is resolved that:
(A) Council endorse the proposed process for development of the City’s Social Sustainability Strategy;
(B) Council endorse the members of the Taskforce listed as follows:
(i) David Cant, CEO of Brisbane Housing Company;
(ii) Eva Cox, Professorial Fellow at Jumbunna Indigenous House of Learning at UTS and Fellow of the Centre for Policy Development;
(iii) Dr Susan Goodwin, Associate Professor and Associate Dean of Research, University of Sydney;
(iv) Michael Perusco, CEO of St Vincent de Paul Society (NSW);
(v) The Hon Susan Ryan, Australia’s Acting Disability Discrimination Commissioner;
(vi) Dr Tim Soutphommasane, Australia’s Race Discrimination Commissioner;
(vii) Rod Simpson, Associate Professor and Director Urban Design, University of Sydney;
(viii) Professor Frank Stilwell, Professor Emeritus, University of Sydney Political Economy Department; and
(ix) Tim Wilson, Australia’s Human Rights Commissioner
(C) authority be delegated to the Chief Executive Officer, in consultation with the Lord Mayor, and with Councillors via the CEO Update, to include additional relevant experts on the Taskforce, where appropriate, to achieve the Taskforce’s aims.
ITEM 3.3 BAYS PRECINCT COLLABORATIVE ENGAGEMENT
FILE NO: S051491
MINUTE BY THE LORD MAYOR
To Council:
The Bays Precinct includes maritime and working harbour uses at Glebe Island, White Bay and Rozelle Bay; unused land at the Rozelle Rail Yards; White Bay Power Station and Blackwattle Bay. It includes 80 hectares of land within the City of Sydney and Leichhardt Council areas, most of which is owned by the State Government.
The Precinct is strategically significant harbour and foreshore land that provides a unique opportunity to respond to Sydney’s needs for infrastructure, housing and open space.
Monday 25 August 2014 1688
Recent planning and development processes for foreshore land have created significant community distrust about how the State Government will plan and redevelop the Bays Precinct. The community wants to ensure that the public interest is paramount, proper process is followed, decisions are open and transparent, and planning and design excellence are central.
Lesley Lynch on behalf of Bays Precinct communities and Roderick Simpson from Urbanism Discipline at the University of Sydney have approached me with proposals that, considered together, could provide significant increased benefit in generating effective, independent and informed community input into planning the precinct’s future.
A community meeting was held on 4 August attended by around 200 local people, including the Deputy Lord Mayor and Councillors Mant, Green, Doutney and Scott. The meeting’s focus was to call for the community to be effectively engaged in discussions about the future of the Bays Precinct. A copy of its resolutions is at Attachment A.
A central resolution of the meeting is a People’s Summit on the Bays Precinct Urban Renewal Project in advance of the international experts’ summit announced by Urban Growth for 19 and 20 November.
The community is concerned that public consultation is proposed in February 2015 after this invitation-only experts’ summit. The community fears that the consultation will report on the summit outcomes without meaningful opportunities for engagement and input into this project.
During October and November, the Faculty of Architecture, Design and Planning at the University of Sydney is proposing a series of events using the Bays Precinct as a case study for discussing how to best plan for such significant areas. Their plans include international speakers, panel discussions with local experts and research.
Based on preliminary discussions between Lesley Lynch and Roderick Simpson, it will be beneficial to coordinate this project with the People’s Summit to create a program of diverse engagement events, online forums, community workshops, expert panel discussions leading up to and supporting a successful People’s Summit.
This approach provides significant opportunity to assist the community to define and articulate the public interest for the Bays Precinct over the longer term.
Public benefits must include walking/cycling connectivity and public transport; human services such as childcare, health and education; cultural facilities including spaces for artists; affordable housing, especially rent controlled for low income workers; open space, recreation facilities, parkland and foreshore access; and economic development that contributes to the NSW and local economy.
The approach provides for collaboration between technical professionals from a range of disciplines and the wider community.
It will inform the development of a framework to focus the issues, ideas, principles and priorities and help to ensure an effective People’s Summit, with outcomes that have a tangible impact on the State Government’s planning for the Bays Precinct.
One important component of the process is a web platform hosted by the University that would provide a central reference point and allow comments and content to be regularly uploaded and shared by the wider community.
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The proposal may provide an effective strategy for the City of Sydney, Leichhardt Council and the State Government to collaborate with the community and support objectives endorsed by the recent community meeting. It aims to provide an independent process that will provide valuable community and technical input.
I welcome this positive and collaborative approach that local community representatives and the University of Sydney are taking to engage the community fully in the process and ensure that the public interest is at the heart of the NSW Government’s decision making, not private commercial interests.
RECOMMENDATION
It is resolved that:
(A) the City of Sydney support the resolutions of the Bays Precinct communities’ meeting on 4 August and:
(i) provide support for a People’s Summit prior to the State Government’s proposed international summit to allow direct and democratic participation in the shaping of the urban renewal process for the publicly owned foreshores and bays encompassed by the Bays Precinct Urban Renewal Project; and
(ii) urge the State Government to invite community representatives, including from the Bays Precincts communities, to the November summit so their expertise and the views of their communities can be incorporated directly into the proceedings;
(B) the Lord Mayor write to the Minister for Planning and the Mayor of Leichhardt seeking a collaborative approach and joint funding for the People’s Summit and Bays Precinct community consultation, as outlined in this Minute;
(C) Council endorse funding of up $60,000 from general contingency in principle (cash or in kind) to implement the proposed Bays Precinct community engagement program, subject to finalising an effective program, joint funding and a collaborative approach;
(D) authority be delegated to the Chief Executive Officer to negotiate a program and funding agreement with the University of Sydney or other appropriate alternative auspicing organisations; and
(E) a report be brought back to Council after the People’s Summit with the full set of recommendations for Council’s consideration.
COUNCILLOR CLOVER MOORE Lord Mayor
Moved by the Chair (the Lord Mayor), seconded by Councillor Kemmis –
That the Minute by the Lord Mayor be endorsed and adopted.
Procedural Motion
Moved by Councillor Scott, seconded by Councillor Doutney –
That the motion, as moved by the Chair (the Lord Mayor) and seconded by Councillor Kemmis, be split and dealt with in two Parts, as follows:
Monday 25 August 2014 1690
Part A – clauses (A), (B), (C) and (E); and Part B – clause (D).
Carried unanimously.
Part A was put to the vote and was carried on the following show of hands -
Ayes (9) The Lord Mayor, Councillors Doutney, Forster, Green, Kemmis, Kok, Mant, Scott and Vithoulkas.
Noes (1) Councillor Mandla.
Part A carried.
Part B was put to the vote and was carried on the following show of hands -
Ayes (8) The Lord Mayor, Councillors Doutney, Forster, Green, Kemmis, Kok, Mant and Vithoulkas.
Noes (1) Councillor Mandla.
Part B carried.
Motion carried.
ITEM 3.4 BUSINESS VOTING IN THE CITY OF SYDNEY
FILE NO: S051491
MINUTE BY THE LORD MAYOR
To Council:
On Thursday 14 August, MLC Robert Borsak from the Shooters and Fishers Party introduced The City of Sydney Amendment (Elections) Bill 2014 into the Legislative Council.
Under the pretence of making it easier for businesses to vote, the Shooters and Fishers Party and the Liberal Party have secretly worked together to manipulate votes in the City of Sydney and to dilute one of the founding principles of our democracy – one vote, one value.
Businesses already have greater rights to vote in the City of Sydney than anywhere else in NSW. Businesses only need to operate here for three months before they can enrol and vote, while everywhere else in NSW businesses must operate for at least three years.
I support making it even easier for businesses to vote, but the Shooters Bill is trying to cut and paste a business voting model used in Melbourne which is not suited to Sydney. For a start, we have different rating systems and their model leaves Sydney exposed to serious corruption.
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The proposed changes will give businesses two votes and residents just one and will mean that businesses that fail to provide relevant information for the register will receive fines of $2,200 and businesses who don’t vote will receive a fine of $55.
The few supporters of this Bill argue that business pays more rates than households, so they should get more votes.
But in fact their claim “that businesses contribute 78.5 per cent of the City of Sydney’s revenue’ is simply not true. (The quote is directly taken from a letter sent by the Parliamentary Secretary to the Premier, David Elliott MP - Attachment A).
Last year business rates contributed less than 32 per cent of the City of Sydney’s total revenue.
In any case, their argument deliberately ignores a key principle of democracy - that no matter who you are or how much money you earn, your vote is just as valued as anyone else’s. The rich should not have more votes than the poor. Those who pay more tax should not have a bigger say than those who pay less.
It’s an extraordinary move at a time when the Liberal Party is caught up in a series of shocking investigations at the Independent Commission Against Corruption (ICAC) relating to dodgy donations from developers and other lobbyists, resulting so far in nine Members of Parliament standing aside or resigning. And as the investigation continues, no doubt there will be more.
OPPOSITION TO THE SHOOTERS BILL
The Liberal Party and the Shooters argue that the case for adopting the Melbourne model was the result of a bipartisan Joint Standing Committee on Electoral Matters run by the NSW Parliament.
But the truth is that only the Shooters and the Liberal Party supported the changes. The Labor members of the Committee voted against the proposal. Labor MLC Amanda Fazio, a member of the Committee, has said:
“As a member of the Joint Standing Committee on Electoral Matters I can say that this recommendation was opposed by Labor and the only support for this proposal came from the Liberal Party and the Business Chamber. Undue weight was given to the evidence of two first-term Liberal Councillors from the City of Sydney.”
The reaction from the public to the Shooters Bill has been strong and negative. Many people are questioning why the Shooters and Liberal Party would pursue these unpopular changes.
Mr Borsak, in his speech to Parliament introducing the Bill confirmed it was a move driven by vested interests, right wing media and shock jocks. He said and I quote:
“I also thank 2GB broadcaster, Alan Jones, who has been a driving force for this change for a long time. Without his assistance, I doubt that the government would have been persuaded to support this sensible and long overdue bill. I also would thank the Daily Telegraph, and in particular, Andrew Clennell and Alicia Wood, who have also been supportive of the proposal.” Robert Borsak Shooters MLC 14/8/14
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The Shooters Bill is not just an attack on the voting rights of City of Sydney residents, it will enable changes to be imposed on other councils in NSW with just a stroke of a pen. Councils across NSW are rightly concerned.
President of Local Government NSW (LGNSW), Keith Rhodes, has confirmed that, while LGNSW engaged in the work of the Joint Standing Committee on Electoral Matters, it did not support proposals relating to changes to business voting either in the City of Sydney or elsewhere. He said:
“While the word ‘democracy’ has been bandied around in support of making business voting compulsory at Local Government elections, it appears a key component of democracy – transparency – is missing in this politically-motivated move by those parties involved.”
The Better Planning Network, an affiliation of more than 460 community groups in NSW, said about the Shooters Bill:
“One wonders when this NSW Government will understand that the community is repulsed by any decision that would allow business interests to have a disproportionate vote in who plans for the local area.”
The Darlinghurst Business Partnership Group, who want business voting to be made easier, called the Shooter’s Bill a ‘rush-job’ saying:
“The Darlinghurst Business Partnership calls for bipartisan debate and a refinement of the amendment to take into consideration the concerns raised by the Lord Mayor and opposition parties, while ensuring that business, whose rates put Sydney in the black every year, obtain equal treatment under the law.
A fair and equitable compulsory vote that does not ostracise residents OR businesses is the only way to achieve this.”
Highly respected, independent election analyst Antony Green described the Shooters Bill as legislation ‘‘inspired by malice, not public policy” saying ‘‘whoever’s putting this up is trying to rort the result.”
And an editorial by The Sydney Morning Herald, suggesting the Shooters Bill is the product of “a cabal of the Baird government, the Shooters and Fishers Party, media heavies and business interests” asked:
“Under the cabal's plan, based on the Melbourne system, it would be two (votes). There is no reasonable justification for that. It's like a gerrymander. If you accept the logic, you could argue that every business in every town or council area should get twice the vote of the local schoolteacher or bricklayer. But why not three or four times, based on how many jobs they create or the rateable value of their land? The more money, the more votes.”
These are just a few of the people and organisations that have raised concerns about the Shooters Bill and there are a range of petitions and other actions currently underway.
A DEMOCRATIC ALTERNATIVE BILL
Independent MP for Sydney, Alex Greenwich, introduced his own Bill to Parliament to make it easier for businesses to vote and to reduce the risk of voter fraud on the same day as the Shooters introduced theirs.
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The Member for Sydney’s Bill protects the principle of one vote, one value.
Some of his changes include the independent NSW Electoral Commission maintaining a permanent Business Register, to which businesses could be added at any time. This would be an improvement on current provisions which give businesses a relatively short time to enrol.
Businesses structured as corporations will retain their right to decide who will represent them on the register.
Before each election, the Electoral Commissioner will be required to contact everyone on the register and confirm that their details are accurate and up to date. It will be possible to do this electronically. The Electoral Commissioner will update the register and prepare the non-residential roll. Everyone on the non-residential roll will automatically receive a postal vote, unless they have opted to vote in person.
His Bill also lets businesses choose whether or not they want to vote, a principle supported by the NSW Business Chamber which has said compulsory voting is not necessary.
SERIOUS PROBLEMS WITH THE SHOOTERS BILL
The main concerns with the Shooters Bill relate to:
• Two votes for businesses, one vote for residents The most reprehensible feature of the Shooters and Fishers Bill, giving businesses two votes while residents have one, has been widely condemned. Even Patricia Forsythe, Executive Director of the Sydney Business Chamber, was quoted in The Saturday Paper describing ‘her organisation as being “uncertain” about the wisdom of giving each business two votes.
“I haven’t heard a cogent reason for why two,” she said.
• Transferring responsibility for elections from the Independent NSW Electoral Commission to the City of Sydney Before the Shooter Bill was public, Liberal City of Sydney Councillor Edward Mandla released a “fact sheet” which said the NSW Electoral Commission will continue to prepare the roll but, in his speech, Mr Borsak said it would be prepared by the City’s CEO.
The Shooters Bill transfers responsibility for compiling the non-residential electoral roll from the NSW Electoral Commission to the CEO of the City of Sydney.
The Saturday Paper described the process as “devilishly complicated and ill thought out.
“The Bill requires the City of Sydney itself – rather than the state electoral commission – to compile a register of every business, to demand every corporation nominate two people to vote on its behalf, to automatically enrol them, and to ensure that they vote.
“It goes to extraordinary lengths to do this.
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“It provides, for example, that if a corporation fails to nominate its two voters “at least 28 days before the closing date for an election, the first 2 company secretaries or directors of the corporation (taken alphabetically) are to be deemed to have been so nominated and are to be enrolled as electors”.
“Any business that fails to provide relevant information for the register can be fined $2200, a sum that dwarfs the $55 fine for registering but not actually voting.”
And while I have every confidence that the CEO and her staff will carry out this responsibility with fairness and integrity, a future administration could be politically motivated or be subject to political interference. Allowing the council to manage the registers and rolls is like the Department of Premier and Cabinet being responsible for the State electoral rolls. No election would be free from claims of political interference.
Australia has an enviable history of elections with a high degree of legitimacy, and this should not be placed in jeopardy.
• Compulsory voting for business The Shooters Bill makes voting compulsory for businesses.
At the City of Melbourne elections in 2012, only 60 per cent of businesses voted, even though they were automatically enrolled and voting was compulsory. The Executive Director of the Sydney Business Chamber, Patricia Forsythe, has stated that she is “absolutely certain” that a high number of businesses will not vote in the 2016 poll, and is already pleading for them to be treated leniently.
If, as claimed by Mr Borsak, there are 80,000 registered businesses in the City of Sydney and only 60 per cent vote, the fines levied on the business community would total $3.52 million.
• Additional administrative burden on the City of Sydney The Bill will require the CEO to not only identify every business in Sydney, but find out which of these businesses are corporations. To ensure completeness and accuracy, this will require direct contact with every business, initially by letter and follow up visits by Council staff. This will not only be resource intensive, but highly intrusive for business.
The CEO will then have to obtain information from the Australian Securities and Investments Commission (ASIC) to identify the company secretaries and directors of these corporations, which will incur fees.
The assistance of the NSW Electoral Commissioner will be required to ensure that all company secretaries and directors who will be automatically enrolled to vote are entitled to vote at State and Federal elections.
A new database program will be needed to meet the requirements for the CEO to maintain an electronic non-residential electoral register.
Once the roll is completed, the City will be required to write to everyone on the roll before the next election informing them that they are required to vote.
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The cost of implementing the Shooters Bill could be conservatively estimated to approach, if not exceed, $2 million, taking into account staffing costs, associated office space and equipment, mail outs, creation and maintenance of the database program, and the cost of obtaining information from ASIC and the NSW Electoral Commission.
These are just some of the problems and flaws with this Bill. There are likely to be many others. This is an inevitable outcome of a Bill prepared in secret and which appears to rely exclusively on ill-informed and politically motivated advice.
FALSE CLAIMS
The supporters of the Shooters Bill are relying on a number of false claims to push their case. I’d like to take this opportunity to correct some of them.
CLAIM: “I have put procedures in place to make it harder for businesses to vote” FACT: I have nothing to do with electoral procedures. Elections are run by the independent NSW Electoral Commission under rules set by Parliament and they decide what people need to do to confirm their eligibility to vote.
CLAIM: “Business and economy are rarely discussed in Council” FACT: Since the last local government election in 2012, significant policies, strategies and action plans relating to the city’s economy and support for business have been brought to City of Sydney Council meetings.
CLAIM: “The City is diverting business rates to garner residential votes” FACT: The City of Sydney has a $1.9 billion infrastructure program over the next 10 years. This includes an investment in our CBD of more than $560 million to support business, including $220 million for light rail and the pedestrianisation of George Street – a project the CBD business community lobbied hard for.
CLAIM: “Businesses weren’t consulted about the cycleways” FACT: When I first became Lord Mayor, it was business workers and CEOs who lobbied the hardest for a safe bike network. Local businesses have been consulted every step of the way and the vast majority support our work.
This particular claim highlights just how out of touch the people making these claims are with Sydney businesses, for example: • The Sydney Business Chamber has said “most businesses now support staff who want to cycle to work.” • The Property Council has said “I know the debate about bike paths can be a contentious one – but it is being led by people who work in the city.” • The Committee for Sydney has said “it is reassuring to see the ongoing commitment to light rail, strategic improvements for pedestrians and the continued roll out of cycleways.”
The most fraudulent claim is that businesses don’t support the work of this City Government.
In a letter to the Editor in the SMH on 16 August, Glenn Byres, the NSW Executive Director of the Property Council of Australia wrote:
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“Here are some facts. The city's commercial property owners partner with the council to reduce emissions from their portfolios. So far, we're exceeding the city's own target of a 24 per cent reduction from the 2004-05 baseline.
The Property Council was a member of the Strategic Light Rail Roundtable that sharpened the case for light rail's introduction.
Office owners keep increasing the ratio of end-of-trip facilities in their assets to encourage workers cycling to work. On small bars - the Property Council was the first major business group to support the lord mayor's agenda as they add to the dynamics of a city.”
And in the Saturday Paper, Patricia Forsythe, Executive Director of the Sydney Business Chamber said “There is a good strong process of consultation between the city and key business groups. The council CEO and the business unit are absolutely first rate.”
It is telling that supporters of the Shooters Bill need to rely on misleading claims and factually incorrect information to support their case.
INFORMATION FOR THE CITY COMMUNITY
I believe the City of Sydney, as the target of the Shooters Bills, should take steps to inform our community about what is being proposed. A community meeting with a broad coalition of individuals and groups should be held before Parliament resumes on Tuesday 9 September and the Shooters Bill is debated.
The President of LGNSW has supported the idea of a public meeting and confirmed his involvement.
RECOMMENDATION:
It is resolved that:
(A) Council note the strong community opposition to The City of Sydney Amendment (Elections) Bill 2014 (Shooters Bill);
(B) Council formally oppose the Shooters Bill and call on the NSW Government to withdraw their support for the Shooters proposal;
(C) Council auspice a community meeting to be held with a broad coalition of individuals and groups, including LGNSW, and provide a venue and equipment;
(D) Council inform City of Sydney residents and businesses about the meeting, including newspaper advertising and a flyer delivered door to door;
(E) authority be delegated to the Lord Mayor to work with the CEO to finalise arrangements; and
(F) the Lord Mayor write to the Premier to correct the misinformation in the letter being sent to the many objectors of the Shooters Bill, particularly in relation to the incorrect statement about the City’s revenue, and call on him to rewrite to all objectors with the correct information.
COUNCILLOR CLOVER MOORE Lord Mayor
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Moved by the Chair (the Lord Mayor), seconded by Councillor Doutney –
That the Minute by the Lord Mayor be endorsed and adopted.
Amendment. Moved by Councillor Vithoulkas –
That the motion be amended in clause (B) such that it read as follows –
(B) Council formally oppose the Shooters Bill in its current form and call on the NSW Government to participate and listen to the proposed community meetings and address the concerns of the residents and small business owners and ensure that the current Bill does not go forward to vote until that consultation has taken place.
The amendment lapsed for want of a seconder.
Amendment. Moved by Councillor Forster, seconded by Councillor Mandla –
That the motion be amended by the addition of clause (G) as follows:
(G) the following paragraphs be inserted, on the first page of the Minute by the Lord Mayor, after the sentence “Last year business rates contributed less than 32 per cent of the City of Sydney’s total revenue.”
Business rates, including both CBD and ordinary business rates, constitute between 77 and 78 per cent of the City’s rates base, with the remaining 22 to 23 per cent levied upon owners of residential properties.
When the annual stormwater and domestic charges are included, business owners contribute 68 per cent and residential owners 32 per cent, largely because the City no longer provides a commercial waste service.
The amendment was lost on the following show of hands –
Ayes (4) Councillors Forster, Mandla, Scott and Vithoulkas.
Noes (6) The Lord Mayor, Councillors Doutney, Green, Kemmis, Kok and Mant.
Amendment lost.
Point of Order
Councillor Mandla raised a Point of Order in that Councillor Green, when speaking on the motion, was misleading the Chamber by accusing the State Government of bringing this Legislation.
The Chair (the Lord Mayor) overruled the Point of Order.
Dissent
Councillor Forster moved dissent against the ruling of the Chair (the Lord Mayor) on the Point of Order.
The motion of dissent was put to the vote and was lost on the following show of hands –
Ayes (2) Councillors Forster and Mandla.
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Noes (8) The Lord Mayor, Councillors Doutney, Green, Kemmis, Kok, Mant, Scott and Vithoulkas.
Motion of dissent lost.
At this stage of the meeting, at the request of Councillor Vithoulkas, it was agreed that the motion, as moved by the Chair (the Lord Mayor) and seconded by Councillor Kemmis, be split and dealt with in two parts, as follows:
Part A – clauses (A), (C), (D), (E) and (F); and Part B – clause (B).
Part A was put to the vote and was carried on the following show of hands –
Ayes (8) The Lord Mayor, Councillors Doutney, Green, Kemmis, Kok, Mant, Scott and Vithoulkas.
Noes (2) Councillors Forster and Mandla.
Part A carried.
Part B was put to the vote and was carried on the following show of hands –
Ayes (7) The Lord Mayor, Councillors Doutney, Green, Kemmis, Kok, Mant and Scott.
Noes (3) Councillors Forster, Mandla and Vithoulkas.
Part B carried.
Motion carried.
Extensions of Time
During discussion on this matter, pursuant to the provisions of Clause 250(3) of the Local Government (General) Regulation 2005, it was –
Moved by the Chair (the Lord Mayor), seconded by Councillor Scott –
That Councillor Vithoulkas be granted an extension of two minutes to speak on this matter.
Carried.
Moved by the Chair (the Lord Mayor), seconded by Councillor Kemmis –
That Councillor Kok be granted an extension of five minutes to speak on this matter.
The motion was carried on the following show of hands –
Ayes (9) The Lord Mayor, Councillors Doutney, Forster, Green, Kemmis, Kok, Mant, Scott and Vithoulkas.
Noes (1) Councillor Mandla.
Motion carried.
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Moved by the Chair (the Lord Mayor), seconded by Councillor Doutney –
That Councillor Green be granted an extension of two minutes to speak on this matter.
Carried.
Adjournment
At this stage of the meeting, at 7.24pm, it was moved by the Chair (the Lord Mayor), seconded by Councillor Kemmis –
That the meeting be adjourned for approximately 15 minutes.
Carried.
At the resumption of the meeting of Council at 7.47pm, those present were –
The Lord Mayor, Councillors Doutney, Forster, Green, Kemmis, Kok, Mant, Scott and Vithoulkas.
Councillor Mandla returned to the meeting of Council at 7.48pm during discussion on Item 5.
Monday 25 August 2014 1700
ITEM 4 MEMORANDA BY THE CHIEF EXECUTIVE OFFICER
There were no Memoranda by the Chief Executive Officer for this meeting of Council.
1701 Monday 25 August 2014
ITEM 5 MATTERS FOR TABLING
Disclosures of Interest
Moved by the Chair (the Lord Mayor), seconded by Councillor Kemmis -
It is resolved that the Disclosures of Interest returns be received and noted.
Carried unanimously.
Monday 25 August 2014 1702
ITEM 6 REPORT OF THE CORPORATE, FINANCE, PROPERTIES AND TENDERS COMMITTEE - 18 AUGUST 2014
PRESENT
Councillor Robyn Kemmis (Deputy Chair)
Councillors Irene Doutney, Christine Forster, Jenny Green, Robert Kok, Edward Mandla, John Mant, Linda Scott and Angela Vithoulkas.
At the commencement of business at 1.03pm those present were -
Councillors Doutney, Forster, Green, Kemmis, Kok, Mandla, Mant, Scott and Vithoulkas.
Apologies
The Chair (the Lord Mayor) extended her apologies for her inability to attend the meeting of the Corporate, Finance, Properties and Tenders Committee as she was unwell.
Moved by Councillor Doutney, seconded by Councillor Forster –
That the apology from the Lord Mayor be accepted and leave of absence from the meeting be granted.
Carried unanimously.
Order of Business
The Corporate, Finance, Properties and Tenders Committee agreed, for the convenience of the public present, that the Order of Business be altered such that the Item 6.4 be brought forward and dealt with before Item 6.2.
Adjournment
At 3.10pm, it was moved by Councillor Mant, seconded by Councillor Kemmis –
That the meeting of the Corporate, Finance, Properties and Tenders Committee be adjourned for a short period.
Carried.
At the resumption of the meeting of the Corporate, Finance, Properties and Tenders Committee at 3.20pm, those present were –
Councillors Doutney, Green, Kemmis, Kok, Mandla, Scott and Vithoulkas.
Councillor Mant returned to the meeting of the Corporate, Finance, Properties and Tenders Committee at 3.21pm prior to discussion on Item 6.5.
Councillor Forster returned to the meeting of the Corporate, Finance, Properties and Tenders Committee at 3.24pm during discussion on Item 6.5.
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Closed Meeting
At 3.58pm, the Corporate, Finance, Properties and Tenders Committee resolved to close the meeting to the public to discuss confidential Attachment A to Item 6.11 on the agenda.
Open Meeting
At 4.03pm, the meeting of the Corporate, Finance, Properties and Tenders Committee was reopened to the public.
The meeting of the Corporate, Finance, Properties and Tenders Committee concluded at 4.04pm.
Report of the Committee
Moved by Councillor Kemmis, seconded by Councillor Kok -
That the report of the Corporate, Finance, Properties and Tenders Committee of its meeting of 18 August 2014 be received, and the recommendations set out below for Items 6.3 and 6.5 to 6.17 inclusive be adopted, with Item 6.1 being noted, and Items 6.2 and 6.4 being dealt with as shown immediately following those items.
Carried unanimously.
ITEM 6.1
DISCLOSURES OF INTEREST
No Councillors disclosed any pecuniary or non-pecuniary interests in any matter on the agenda for this meeting of the Corporate, Finance, Properties and Tenders Committee.
The Committee recommended the following:
ITEM 6.2
2013/14 QUARTER 4 REVIEW – CORPORATE PLAN 2013-2016 (S096187)
It is resolved that Council:
(A) note the financial performance of Council for the year ending 30 June 2014, including the Net Surplus of $96.8M as outlined in the subject report and summarised in Attachment A to the subject report;
(B) note the full year Capital Works expenditure of $122.0M, and approve the proposed revote of budget and other adjustments, which will increase the adopted 2014/15 budget by $10.9M to $261.1M and amend the forward estimates as detailed in Attachment B to the subject report;
(C) note the year Plant and Assets expenditure of $14.5M, net of disposals, and approve the proposed revote of $5.2M to increase the adopted 2014/15 budget to $24.6M;
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(D) note the Information services capital works expenditure of $5.0M, net of disposals, and approve the proposed revote of $2.1M to increase the adopted 2014/15 budget to $10.1M;
(E) note the operational performance indicators and quarter and full year achievements against the Corporate Plan 2013-2016 objectives, as detailed in Attachment C to the subject report;
(F) note the supplementary reports, including contracts issued over $50,000, major legal issues and the Quick Response, Banner Pole and Reduced Rate Grant Programs in Quarter 4, as detailed in Attachment D to the subject report; and
(G) note the Environmental Sustainability Progress Report at Attachment E to the subject report.
At the meeting of Council, it was moved by Councillor Kemmis, seconded by Councillor Green –
That the recommendation of the Corporate, Finance, Properties and Tenders Committee be adopted.
The motion was carried on the following show of hands –
Ayes (9) The Lord Mayor, Councillors Doutney, Forster, Green, Kemmis, Kok, Mant, Scott and Vithoulkas.
Noes (1) Councillor Mandla.
Motion carried.
ITEM 6.3
INVESTMENTS HELD AS AT 31 JULY 2014 (S034147)
It is resolved that the Investment Report as at 31 July 2014 be received and noted.
Carried unanimously.
ITEM 6.4
NAMING PROPOSAL - GREEN SQUARE TOWN CENTRE – POST EXHIBITION (S119730)
The Corporate, Finance, Properties and Tenders Committee decided that consideration of this matter be deferred to the meeting of Council on 25 August 2014.
At the meeting of Council, it was moved by Councillor Kemmis, seconded by Councillor Scott -
It is resolved that:
(A) Council note the matters raised in submissions to the public exhibition of the Green Square Town Centre naming proposal options;
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(B) Council endorse the preferred option of designating the land in and around the Green Square Town Centre as a new ‘urban place’ known as ‘Green Square’; and
(C) Council submit the preferred option to the Geographical Names Board of NSW with a request that a new ‘urban place’ known as ‘Green Square’ is assigned.
Foreshadowed Motion. Councillor Mant foreshadowed that, should the motion moved by Councillor Kemmis be lost or withdrawn, he would move an alternative motion.
The motion moved by Councillor Kemmis was lost on the following show of hands –
Ayes (3) Councillors Kemmis, Mandla and Scott.
Noes (7) The Lord Mayor, Councillors Doutney, Forster, Green, Kok, Mant and Vithoulkas.
Motion lost.
Councillor Mant then moved his foreshadowed motion, seconded by Councillor Green, as follows –
Moved by Councillor Mant, seconded by Councillor Green
It is resolved that Council:
(A) note the matters raised in submissions to the public exhibition of the Green Square Town Centre naming proposal options;
(B) endorse the option of designating the land in and around the Green Square Town Centre as a new suburb known as ‘Green Square’, as in the subject report, Attachment B, Option 2; and
(C) Council submit the option to the Geographical Names Board of NSW with a request that a new suburb known as ‘Green Square’ is assigned.
The motion was carried on the following show of hands –
Ayes (7) The Lord Mayor, Councillors Doutney, Forster, Green, Kok, Mant and Vithoulkas.
Noes (3) Councillors Kemmis, Mandla and Scott.
Motion carried.
Speakers
Mr Stuart McDonald addressed the meeting of the Corporate, Finance, Properties and Tenders Committee on Item 6.4.
Monday 25 August 2014 1706
ITEM 6.5
PROPOSED LAND CLASSIFICATION – PROPOSED GREEN SQUARE PLAZA (S100178 AND S100179)
It is resolved that:
(A) Council endorse public notification of the proposed resolution: “It is resolved to classify part Site 6, part Area 1 and Areas 2, 3 and 9 as shown in the attached Plan of proposed land for roads, library and plaza at Green Square Town Centre as operational land in accordance with section 31 of the Local Government Act 1993”;
(B) Council note that a further report, to inform the outcomes of public notification and recommendation on land classification, will follow the notification period; and
(C) upon completion of the developments, Council review whether the Plaza or portions of the Plaza should be reclassified as community land.
Carried unanimously.
ITEM 6.6
LAND CLASSIFICATION – LAND FOR AFFORDABLE HOUSING AND HOUSING FOR PEOPLE WITH A DISABILITY, HAROLD PARK (S120438)
It is resolved that Council classify Lot 102 in Deposited Plan 1179442, being the land dedicated for affordable housing and housing for people with a disability within the Harold Park development at Forest Lodge, as operational land in accordance with section 31 of the Local Government Act 1993.
Carried unanimously.
ITEM 6.7
SALE OF LAND AT HAROLD PARK (S118922)
It is resolved that:
(A) subject to the land classification as operational, Council endorse in principle the sale of the land at Harold Park through a competitive Request for Proposals to a Class 1 or 2 Community Housing Provider for the purpose of an affordable housing development, noting that a further report to Council seeking approval of the sale will be provided following completion of the competitive sale process;
(B) proceeds of the sale of the land at Harold Park be reserved for the creation or funding of further affordable housing opportunities within the City of Sydney;
(C) Council note the outcome of investigations made by the City in accordance with the requirements of the Sydney Development Control Plan (Harold Park) 2011;
(D) Council endorse the offer of the land at Harold Park without a requirement for a residential care facility (noting that this would not preclude a CHP from proposing the inclusion of a residential care facility and additional floor space, available for this purpose, in any development proposed); and
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(E) Council endorse Universal Design Silver Standards in the Liveable Housing Design Guidelines being required for 15% of units in the Harold Park affordable housing development.
Carried unanimously.
ITEM 6.8
HEADLAND PARK INTEGRATION WORKS COST UPDATE (S109378)
It is resolved that:
(A) Council approve the reallocation of funds from the Harbour Village North Projects budget to the Integration Works project budget. The project budget adjustment for the Integration Works will be increased in accordance with confidential Attachment C to the subject report; and
(B) authority be delegated to the Chief Executive Officer to amend the Deed of Agreement for the design and delivery of the Headland Park Integration Works up to a value the increased project budget.
Carried unanimously.
ITEM 6.9
LEASE - PROPOSED ASSIGNMENT OF LEASE TO GR AND KA GILLESPIE PTY LTD, I AND B MCDOUGALL PTY LTD AND DAVID TOUT PTY LTD - CORONATION HOTEL, 5-7 PARK STREET, SYDNEY (S098807.001)
It is resolved that:
(A) Council approve the granting of the assignment of lease to GR & KA Gillespie Pty Ltd ATF the Gary Gillespie Family Trust, I & B McDougall Pty Ltd ATF the Ian McDougall Family Trust and David Tout Pty Ltd ATF the David Tout Family Trust; and
(B) authority be delegated to the Chief Executive Officer to finalise the assignment of lease and authorise its execution on behalf of the Council.
Carried unanimously.
ITEM 6.10
LEASE – APPROVAL OF SUBLEASE BETWEEN THE CITY AND CHAMP GROUP SERVICES PTY LTD FOR LEVEL 4 CUSTOMS HOUSE, 31 ALFRED STREET, SYDNEY (S099079.005)
It is resolved that authority be delegated to the Chief Executive Officer to negotiate and execute a sublease between the City and CHAMP Group Services Pty Limited for Level 4, Customs House.
Carried unanimously.
Monday 25 August 2014 1708
ITEM 6.11
LEASE – PROPOSED LEASE TO ATLASSIAN PTY LTD FOR LEVELS 8, 9 AND 10, 343 GEORGE STREET, SYDNEY (S096173.046)
It is resolved that:
(A) Council approve the granting of a lease to Atlassian Pty Ltd on the essential terms and conditions detailed in confidential Attachment A to the subject report; and
(B) authority be delegated to the Chief Executive Officer to finalise the terms of the lease and authorise its execution on behalf of the Council.
Carried unanimously.
ITEM 6.12
EXEMPTION FROM TENDER – TOWN HALL HOUSE REFURBISHMENT LEVELS 7 AND 13-16 – INCREASE IN CONTRACT CONTINGENCY FOR HEAD CONTRACTOR (S100034)
It is resolved that:
(A) Council approve exemption from tender for Head Contractor works in accordance with section 55 of the Local Government Act 1993, as a result of the extenuating circumstances set out in the subject report;
(B) Council approve increased contract contingency to the existing Head Contractor to cover extended construction services work as described in confidential Attachment A to the subject report; and
(C) Council note the financial and contractual implications detailed in Confidential Attachment A to the subject report.
Carried unanimously.
ITEM 6.13
EXEMPTION FROM TENDER – TOWN HALL HOUSE REFURBISHMENT LEVELS 1-3 – ADDITIONAL CONTINGENCY FOR HEAD CONTRACTOR AND HEAD DESIGN CONSULTANT CONTRACTS (S089074)
It is resolved that:
(A) Council approve exemption from tender for Head Contractor and Head Design Consultant works in accordance with section 55 of the Local Government Act 1993, as a result of the extenuating circumstances set out in the subject report;
(B) Council approve increased contract contingency to the existing Head Contractor to cover design amendments, latent conditions, and potential extension of time claims as described in confidential Attachment A to the subject report;
1709 Monday 25 August 2014
(C) Council approve increased contract contingency to the existing Head Design Consultant contract to cover the extended construction period and the defects liability period as described in confidential Attachment A to the subject report; and
(D) Council note the financial and contractual implications detailed in confidential Attachment A to the subject report.
Carried unanimously.
ITEM 6.14
EXEMPTION FROM TENDER - CROWN STREET PUBLIC DOMAIN UPGRADE - ADDITIONAL CONTINGENCY (S110358)
It is resolved that:
(A) Council approve exemption from tender for Head Contractor works in accordance with section 55 of the Local Government Act 1993, as a result of extenuating circumstances as set out in the subject report;
(B) Council approve an increased contract contingency to the existing Head Contractor for the Crown Street upgrade (CA&I) to cover the Telstra and Optus works; and
(C) Council note the financial and contractual implications detailed in confidential Attachment A to the subject report.
Carried unanimously.
ITEM 6.15
TENDER - JOHN STREET RESERVE RETAINING WALL WORKS (STAGE1) (S112528)
It is resolved that:
(A) Council accept the tender offer of Tenderer ‘A’ for the John Street Reserve retaining wall works; and
(B) authority be delegated to the Chief Executive Officer to negotiate, execute and administer the contract relating to the tender.
Carried unanimously.
ITEM 6.16
TENDER - 2015 SYDNEY CHINESE NEW YEAR TWILIGHT PARADE PROJECTIONS (S118776)
It is resolved that:
(A) Council accept the tender offer of Tenderer ‘A’ for the production of building projections for the Sydney Chinese New Year Twilight Parade in 2015 only; and
Monday 25 August 2014 1710
(B) authority be delegated to the Chief Executive Officer to negotiate, execute and administer the contract relating to the tender.
Carried unanimously.
ITEM 6.17
TENDER - SYDNEY NEW YEAR'S EVE PIRRAMA PARK EVENT MANAGEMENT (S119599)
It is resolved that:
(A) Council accept the tender offer of Tenderer ‘A’ for Pirrama Park event management for 2014 – 2016 Sydney New Year’s Eve; and
(B) authority be delegated to the Chief Executive Officer to negotiate, execute and administer the contract relating to the tender.
Carried unanimously.
1711 Monday 25 August 2014
ITEM 7 REPORT OF THE ENVIRONMENT COMMITTEE - 18 AUGUST 2014
PRESENT
The Deputy Lord Mayor Councillor Robyn Kemmis (Acting Chair)
Councillor Irene Doutney (Deputy Chair)
Councillors Christine Forster, Jenny Green, Robert Kok, Edward Mandla, John Mant, Linda Scott and Angela Vithoulkas.
At the commencement of business at 4.05pm those present were -
Councillors Doutney, Forster, Green, Kemmis, Kok, Mandla, Mant, Scott and Vithoulkas.
Councillor Vithoulkas left the meeting of the Cultural and Community Committee at 4.07pm during discussion on Item 7.2 and did not return.
Apologies
The Chair (the Lord Mayor Councillor Clover Moore) extended her apologies for her inability to attend the meeting of the Environment Committee as she was unwell.
Moved by Councillor Doutney, seconded by Councillor Kemmis -
That the apology from the Lord Mayor be accepted and leave of absence from the meeting be granted.
Carried unanimously.
The meeting of the Environment Committee concluded at 4.08pm.
Report of the Committee
Moved by Councillor Doutney, seconded by Councillor Kemmis -
That the Report of the Environment Committee of its meeting of 18 August 2014 be received, and the recommendation set out below for Item 7.2 be adopted, with Item 7.1 being noted.
Carried unanimously.
ITEM 7.1
DISCLOSURES OF INTEREST
No Councillors disclosed any pecuniary or non-pecuniary interests in any matter on the agenda for this meeting of the Environment Committee.
The Committee recommended the following:
Monday 25 August 2014 1712
ITEM 7.2
QUARRY GREEN UPGRADE ULTIMO – DEVELOPED CONCEPT DESIGN – PROJECT SCOPE (S116317)
It is resolved that Council endorse the developed concept design as described in the subject report for the purpose of proceeding with seeking any relevant planning approvals and preparation of tender documentation for the works.
Carried unanimously.
1713 Monday 25 August 2014
ITEM 8 REPORT OF THE CULTURAL AND COMMUNITY COMMITTEE - 18 AUGUST 2014
PRESENT
The Deputy Lord Mayor Councillor Robyn Kemmis (Acting Chair)
Councillors Irene Doutney, Christine Forster, Jenny Green, Robert Kok, Edward Mandla, John Mant, Linda Scott and Angela Vithoulkas.
At the commencement of business at 4.09pm those present were -
The Lord Mayor, Councillors Doutney, Forster, Green, Kemmis, Kok, Mandla, Mant and Scott.
Councillor Vithoulkas arrived at the meeting of the Cultural and Community Committee at 4.10pm during discussion on Item 8.1.
Apologies
The Chair (the Lord Mayor Councillor Clover Moore) extended her apologies for her inability to attend the meeting of the Cultural and Community Committee as she was unwell.
Moved by Councillor Green, seconded by Councillor Scott -
That the apology from the Lord Mayor be accepted and leave of absence from the meeting be granted.
Carried unanimously.
Sub-Committees
Meetings of the following Sub-Committees of the Cultural and Community Committee commenced at the times shown below.
The Cultural Sub-Committee, with Councillor Jenny Green as Deputy Chair, commenced at 4.10pm.
The Community Sub-Committee, with Councillor Linda Scott as Deputy Chair, commenced at 5.18pm.
Closed Meeting
At 4.57pm, the Cultural and Community Committee resolved to close the meeting to the public to discuss Item 8.4 on the agenda.
Open Meeting
At 5.15pm, the meeting of the Cultural and Community Committee was reopened to the public.
The meeting of the Cultural and Community Committee and all its Sub-Committees concluded at 5.32pm.
Monday 25 August 2014 1714
Report of the Cultural Sub-Committee
Moved by Councillor Green, seconded by Councillor Scott -
That the report of the Cultural Sub-Committee of its meeting of 18 August 2014 be received, and the recommendations set out below for Items 8.2, 8.5, 8.6 and 8.7 be adopted, with Item 8.1 being noted, and Items 8.3, 8.4 and 8.8 being dealt with as shown immediately following those items.
Carried unanimously.
ITEM 8.1
DISCLOSURES OF INTEREST
Councillor Christine Forster disclosed a less than significant non-pecuniary interest in:
• Item 8.3 on the agenda in that she is a member of Sydney Gay and Lesbian Mardi Gras and many personal friends of hers are also members of or involved in Mardi Gras; and • Item 8.10 on the agenda in that many personal friends of hers are involved in the organisation of the Bingham Cup.
Councillor Linda Scott disclosed a less than significant non-pecuniary interest in Item 8.4 on the agenda in that:
• her sons attend a SDN Children’s Services childcare centre, however, not one of the centres which are proposed grant recipients; • she is a former Chair and current member of the Surry Hills Neighbourhood Centre, which is a proposed grant recipient, but is no longer on the governing Committee of the Centre; • she is a member of the Jessie Street National Women’s Library, which is a proposed grant recipient; • she is employed by the University of Sydney, however, her work is not related to the section of the University that is a proposed grant recipient; and • a family member of hers recently received assistance from the Inner City Legal Service Centre, which is a proposed grant recipient, but the matter has now concluded.
No other Councillors disclosed any pecuniary or non-pecuniary interests in any matter on the agenda for this meeting of the Cultural and Community Committee.
The Cultural Sub-Committee recommended the following:
1715 Monday 25 August 2014
ITEM 8.2
CREATIVE CITY CULTURAL POLICY AND ACTION PLAN 2014-2024 – POST EXHIBITION (S096423)
It is resolved that:
(A) Council note the summary of submissions received in response to the Draft Creative City Cultural Policy and Action Plan 2014-2024, as shown at Attachment A to the subject report;
(B) Council adopt the Creative City Cultural Policy and Action Plan 2014-2024, as shown at Attachment C to the subject report; and
(C) authority be delegated to the Chief Executive Officer to make amendments to the Creative City Cultural Policy and Action Plan 2014-2024 in order to correct any minor drafting errors.
Carried unanimously.
ITEM 8.3
SPONSORSHIP AND ACCOMMODATION GRANT – SYDNEY GAY AND LESBIAN MARDI GRAS 2015 TO 2017 (S094174)
The Cultural and Community Committee decided that consideration of this matter be deferred to the meeting of Council on 25 August 2014.
At the meeting of Council, it was moved by Councillor Green, seconded by Councillor Forster –
It is resolved that:
(A) Council approve cash sponsorship of $235,000 (excluding GST) for 2014 Sydney Gay and Lesbian Marci Gras, $235,000 (plus CPI, excluding GST) for 2016 Gay and Lesbian Mardi Gras and $235,000 (plus CPI, excluding GST) for 2017 Sydney Gay and Lesbian Mardi Gras, noting that this amount includes funds for a workshop space;
(B) Council approve value-in-kind sponsorship to a value of up to $260,000 per annum including banner pole hire for up to 250 poles for three weeks (valued at $128,562 per annum excluding GST), park hire of Victoria Park for Fair Day (valued at $3,165 per year, excluding GST) and landmark venue hire (valued at up to $43,734 per year including GST);
(C) Council approve a new Accommodation Grant of $64,498 per annum to Sydney Gay and Lesbian Mardi Gras Ltd for Suites 6-8/94 Oxford Street for three years commencing in 2014, at a reduced rental of $27,790 per annum plus annual CPI indexation, which represents a 70 per cent reduction of the commercial rent for this space;
(D) Council approve a grant of $20,000 (excluding GST) to Sydney Gay and Lesbian Mardi Gras towards a review to improve its longer term sustainability; and
Monday 25 August 2014 1716
(E) authority be delegated to the Chief Executive Officer to negotiate, execute and administer an agreement with Sydney Gay and Lesbian Mardi Gras Ltd.
Amendment. Moved by Councillor Mandla, seconded by Councillor Forster –
That the motion be amended by the addition of clause (F) as follows:
(F) Council request the CEO to work with the Sydney Gay and Lesbian Mardi Gras to explore and model the impact a $1,000,000 sponsorship of the 2018 40th Anniversary Mardi Gras would have on tourism, business, the local economy and self sufficiency of the organisation moving forward.
The amendment was lost on the following show of hands –
Ayes (2) Councillors Mandla and Scott.
Noes (8) The Lord Mayor, Councillors Doutney, Forster, Green, Kemmis, Kok, Mant and Vithoulkas.
Amendment lost.
The motion was carried unanimously.
Speakers
Mr Michael Rolik and Ms Siri Kommedahl addressed the meeting of the Cultural and Community Committee on Item 8.3.
ITEM 8.4
ACCOMMODATION GRANTS PROGRAM – 2014 ANNUAL PERFORMANCE REVIEW, GRANT AND LEASE RENEWALS (S117676)
It is resolved that:
(A) Council note the continuation of the current Accommodation Grant leases/licenses and grants for the 56 tenants who have met the performance criteria of their Accommodation Grant;
(B) Council note that Australian Screen Editors Guild, Mandala Community Counselling Service, Kings Cross Community and Information Centre and The Women’s Library were rated ‘B’ in 2013 and placed on a 12 month lease/licence until 30 June 2014, however this year these tenants have demonstrated improvement and met their performance criteria and so have been rated ‘A’;
(C) Council approve the extension of the Accommodation Grant and extension of the current lease/licence for the Australian Screen Editors Guild, Mandala Community and Counselling Service, Kings Cross Community and Information Centre and The Women’s Library for two years from 1 July 2014 to 30 June 2016;
(D) Council note that Tribal Warrior was rated ‘B’ in 2013 and placed on a 12 month lease/licence until 30 June 2014 and, as they have been rated as ‘B’ again this year rather than a ‘C’, the tenant will be given a further 12 months to demonstrate improvement and meet their performance criteria;
1717 Monday 25 August 2014
(E) Council note that Rinse Out and Rosebery Childcare Centre have been rated ‘B’ in 2014 and will be given a further 12 months to demonstrate improvement and meet their performance criteria;
(F) Council approve the extension of the Accommodation Grant and extension of the current lease/licence for Tribal Warrior for 12 months from 1 July 2014 to 30 June 2015; and
(G) Council approve the provision of an 80 per cent rental subsidy for the period 1 January 2015 to 31 December 2015 and a 70 per cent rental subsidy for the period 1 January 2016 to 30 June 2016 to Darlinghurst Theatre Company, who has met the performance criteria of its Accommodation Grant.
At the meeting of Council, it was moved by Councillor Green, seconded by Councillor Kemmis –
That the recommendation of the Cultural and Community Committee be adopted.
The motion was carried on the following show of hands –
Ayes (8) The Lord Mayor, Councillors Doutney, Green, Kemmis, Kok, Forster, Mant and Vithoulkas.
Noes (1) Councillor Mandla.
Motion carried.
ITEM 8.5
ACCOMMODATION GRANTS PROGRAM – ALLOCATION OF GROUND FLOORS 113-115 AND 101-111 WILLIAM STREET, DARLINGHURST TO OBJECT: AUSTRALIAN DESIGN CENTRE (S094174)
It is resolved that:
(A) Object Australian Design Centre be awarded an Accommodation Grant to occupy three spaces at 113-115 William Street and 101-111 William Street, Darlinghurst for three years at a subsidy level of 100 per cent in year one (or subsidy of $259,584), 90 per cent in year two (or subsidy of $240,635) and 80 per cent in year three (or subsidy of $220,314), with a three year option term (with rent for the option period to be negotiated prior to the option exercise period and subject to satisfactory performance against agreed Key Performance Indicators) in accordance with the terms set out in paragraph 15 of the subject report. Object would be liable for payment of all outgoings associated with the properties; and
(B) authority be delegated to the Chief Executive Officer to negotiate, execute and administer an agreement with Object Australian Design Centre.
Carried unanimously.
Speakers
Mr Steven Pozel addressed the meeting of the Cultural and Community Committee on Item 8.5.
Monday 25 August 2014 1718
ITEM 8.6
SPONSORSHIP – 2014 AND 2015 CORROBOREE FESTIVALS (S094174)
It is resolved that:
(A) Council approve cash sponsorship of $100,000 (excluding GST) plus value in-kind for indoor/outdoor venue hire and banners to the value of $35,000 per annum for the financial years 2014/15 and 2015/16, to Bangarra Dance Theatre as the auspicing body to support the Corroboree Festivals in 2014 and 2015;
(B) Council approve the cash sponsorship funding of $100,000 (excluding GST) to be allocated from the general contingency budget in 2014/15 and included in the 2015/16 grants budget; and
(C) authority be delegated to the Chief Executive Officer to negotiate, execute and administer an agreement with Bangarra Dance Theatre to support the 2014 and 2015 Corroboree Festivals.
Carried unanimously.
Speakers
Ms Hetti Perkins addressed the meeting of the Cultural and Community Committee on Item 8.6.
ITEM 8.7
CORPORATE SPONSORSHIP – FORD MOTOR COMPANY – SYDNEY NEW YEAR’S EVE 2014 (S095177.004)
It is resolved that:
(A) Council approve the sponsorship between the City and Ford Motor Company of Australia Limited (or a nominee, agent or representative of Ford) as detailed in the subject report and confidential Attachment A to the subject report;
(B) authority be delegated to the Chief Executive Officer to negotiate, execute and administer an incoming sponsorship agreement with Ford Motor Company of Australia Limited (or a nominee, agent or representative of Ford) for a minimum term of one year, with an option to extend for a further two years should this be agreed between the parties; and
(C) authority be delegated to the Chief Executive Officer to exercise the option (if agreed between the parties) referred to in clause (B).
Carried unanimously.
1719 Monday 25 August 2014
Report of the Community Sub-Committee
Moved by Councillor Scott, seconded by Councillor Kemmis -
That the report of the Community Sub-Committee of its meeting of 18 August 2014 be received, and the recommendations set out below for Item 8.8 to 8.11 inclusive be adopted.
Carried unanimously.
The Community Sub-Committee recommended the following:
ITEM 8.8
SPONSORSHIP – INTERNATIONAL ASSOCIATION OF PUBLIC PARTICIPATION AUSTRALASIA – 2014 AUSTRALASIAN LEADERSHIP CONFERENCE (S103503)
It is resolved that:
(A) Council approve cash sponsorship of $10,000 (excluding GST) to the International Association of Public Participation Australasia (IAP2), for the City to be the host city partner of the 2014 Australasian Leadership Conference; and
(B) authority be delegated to the Chief Executive Officer to negotiate, execute and administer an agreement with IAP2.
Carried unanimously.
Speakers
Mr Rob Gravestocks addressed the meeting of the Cultural and Community Committee on Item 8.8.
ITEM 8.9
PROPOSED ALCOHOL RESTRICTIONS (S119493)
It is resolved that Council approve the following alcohol restrictions being placed on public exhibition to complete the required community consultation process as set out in the NSW Ministerial Guidelines on Alcohol Free Zones 2009:
KINGS CROSS LOCAL AREA COMMAND
Proposed new alcohol prohibited areas
1. Albert Sloss Reserve, 225-245 Palmer Street, Darlinghurst (Playground)
2. Arthur McElhone Reserve, 1A Billyard Avenue, Elizabeth Bay
3. Barcom Avenue Park, 240-274 Barcom Avenue, Darlinghurst
4. Beare Park Playground, Ithaca Road, Elizabeth Bay (Playground)
Monday 25 August 2014 1720
5. Macleay Reserve, Elizabeth Bay Road, Elizabeth Bay
6. Rushcutters Bay Park, New Beach Road, Darling Point
7. Waratah Street Reserve, Waratah Street, Rushcutters Bay (Playground)
Proposed alcohol prohibited area Australia Day
8. Beare Park, 13 Esplanade, Elizabeth Bay
LEICHHARDT LOCAL AREA COMMAND
Proposed new alcohol prohibited areas
9. Carmichael Park, 3 John Street, Glebe
10. John Street Reserve, John Street, Glebe
11. Blackwattle Bay Park Playground, Oxley Street, Glebe (Playground)
12. Federal Park Playground, Chapman Road, Annandale (Playground)
13. Jubilee Park, Eglinton Road, Glebe (Playground and resident application)
14. Ross Street Reserve, Cnr Ross Street and Minogue Crescent, Glebe (Playground)
15. Wentworth Park, Wattle Street & Wentworth Park Road, Ultimo (Playground)
16. Wood Street Playground, Wood Street, Forest Lodge (Playground)
Proposed alcohol prohibited area New Year’s Eve
17. Federal Park, Glebe (Vantage Point)
18. Glebe Foreshore Walk (Vantage Point)
19. Black Wattle Bay Park (Vantage Point)
20. Arthur Paddy Gray Reserve, 55A Hereford Street, Glebe
NEWTOWN LOCAL AREA COMMAND
Proposed new alcohol prohibited areas
21. Goddard Playground, 39-43 O'Connell Street, Camperdown (Playground)
22. Pinkstone Playground, 26 Septimus Street, Erskineville (Playground)
23. Rochford Street Playground, Rochford Street, Erskineville (Playground)
24. Victoria Park Playground, Yurong Street, Sydney (Playground)
25. Amy Street Reserve, 3-5 Amy Street, Erskineville
26. Mrs Isabella Hill Rest Area, 2-18 Harold Street, Newtown
1721 Monday 25 August 2014
REDFERN LOCAL AREA COMMAND
Proposed new alcohol prohibited areas
27. Bannerman Crescent Reserve, Rosebery (Playground)
28. Crete Reserve, Rosebery Avenue, Roseberry (Playground)
29. Crowning and Corning Park, Broome St, Waterloo (Playground)
30. Dibbs Street Reserve, 19-23 Dibbs Street, Alexandria (Playground)
31. Elizabeth McCrea, 39-45 Kepos Street, Redfern (Playground)
32. Harry Noble Reserve, Fox Avenue, Erskineville (Playground)
33. Jack Shuttleworth Reserve, Renwick Street Alexandria (Playground)
34. Kimberley Grove Reserve, Kimberley Grove, Rosebery (Playground)
35. Mary O'Brien Reserve Tilford Avenue, Zetland (Playground)
36. McKell Playground, Buckland Street, Alexandria Park (Playground)
37. Tote Park, Austin Grove, Zetland (Playground)
SURRY HILLS LOCAL AREA COMMAND
Proposed new alcohol free zones
38. Providence Place Darlinghurst (Resident Application)
Proposed new alcohol prohibited areas
39. Edgely Reserve, Nickson Street, Surry Hills (Playground)
40. Prince Alfred Park, corner Cleveland and Chalmers Street (Playground)
41. Reservoir Street Reserve, 108 Reservoir Street, Surry Hills
SYDNEY CITY LOCAL AREA COMMAND
Proposed new alcohol free zones (alcohol-related assault hotspots)
42. Albion Place
43. Angel Place
44. Argyle Street from George Street to Cumberland Street
45. Ash Street
46. Campbell Street from George Street to Pitt Street
47. Carrington Street from Wynyard Street to Margaret Street
Monday 25 August 2014 1722
48. Cunningham Street
49. Cuthbert Street
50. Day Street
51. De Mestre Place
52. Eagar Street
53. Essex Street from George Street to Gloucester Street
54. Cumberland Street
55. George Street from Grosvenor Street to Atherden Street
56. Herrington Street from Essex Street to Cumberland Street
57. Hunter Street from George Street to Pitt Street
58. Kendall Lane
59. Kent Street from Liverpool Street to Cross City Tunnel
60. Little Hunter Street
61. Mill Lane
62. Pitt Street from Hunter Street to Lee Street (including Pitt Street Mall)
63. Richard Johnson Square
64. Shelley Street
65. Sussex Street from Market to Hay Street
66. Wynyard Street
Proposed new alcohol prohibited areas
67. Clyne Reserve, 2 Merriman Street, Millers Point (Playground)
68. Regimental Square (alcohol-related assault hotspot)
Proposed alcohol prohibited area New Year’s Eve
69. Argyle Place Park, 15 Argyle Place, Millers Point (Vantage Point)
70. Clyne Reserve, 2 Merriman Street, Millers Point (Vantage Point)
71. James Watkinson Reserve, 1A Mill Street, Pyrmont (Vantage Point)
72. Munn Reserve, Munn Street, Barangaroo (Vantage Point).
Carried unanimously.
1723 Monday 25 August 2014
ITEM 8.10
SPONSORSHIP – BINGHAM CUP 2014 (S116523)
It is resolved that:
(A) Council approve additional cash funding of $15,000 (excluding GST) from the 2014/15 General Contingency budget for Bingham Cup 2014;
(B) Council approve additional value in-kind funding of up to $5,000 for use of community transport buses including drivers for Bingham Cup 2014; and
(C) authority be delegated to the Chief Executive Officer to negotiate, execute and administer an agreement with Sydney Bingham Cup 2014 Incorporated for Bingham Cup 2014.
Carried unanimously.
ITEM 8.11
GREEN SQUARE COMMUNITY FACILITIES AND PUBLIC DOMAIN – FORMER SOUTH SYDNEY HOSPITAL SITE, ZETLAND – PROJECT SCOPE (S118549)
It is resolved that Council:
(A) endorse the project scope as described in the subject report for the purposes of proceeding with design development, any relevant planning approvals, documentation and tender for construction of the works; and
(B) proceed with naming the project and its components as described in the subject report.
Carried unanimously.
Monday 25 August 2014 1724
ITEM 9 REPORT OF THE PLANNING AND DEVELOPMENT COMMITTEE - 19 AUGUST 2014
PRESENT
Councillor John Mant (Acting Chair)
Councillors Irene Doutney, Christine Forster, Jenny Green, Robyn Kemmis, Robert Kok, Edward Mandla, Linda Scott and Angela Vithoulkas.
At the commencement of business at 4.02pm, those present were:
Councillors Doutney, Forster, Green, Kemmis, Kok, Mandla, Mant, Scott and Vithoulkas.
Apologies
The Chair (the Lord Mayor, Councillor Clover Moore) extended her apologies for her inability to attend the meeting of the Planning and Development Committee as she was unwell.
Moved by Councillor Doutney, seconded by Councillor Scott –
That the apology from the Lord Mayor be accepted and leave of absence from the meeting be granted.
Carried unanimously.
Acting Chair of the Planning and Development Committee
In the absence of the Chair of the Planning and Development Committee (the Lord Mayor, Councillor Clover Moore), there being no objection from members of the Committee, Councillor Mant assumed chairmanship of the meeting.
Adjournment
At 4.11pm, it was moved by Councillor Kemmis, seconded by Councillor Scott –
That the meeting of the Planning and Development Committee be adjourned to 5.00pm to enable consideration of items by the Major Development Assessment and Development Assessment Sub-Committees, such items scheduled to be considered at that time.
Carried unanimously.
At the resumption of the meeting of the Planning and Development Committee at 5.00pm, those present were:
Councillors Doutney, Forster, Green, Kemmis, Kok, Mandla, Mant, Scott and Vithoulkas.
1725 Monday 25 August 2014
Councillor Scott, having disclosed a significant, non-pecuniary interest in Item 9.8, left the meeting of the Planning and Development Committee at 5.28pm, during discussion on this item, and returned to the meeting at 5.44pm, at the commencement of discussion on Item 9.9. Councillor Scott was not present for part of the discussion, or for voting, on Item 9.8.
Sub-Committees
Meetings of the following Sub-Committees of the Planning and Development Committee commenced at the times shown below.
The Transport, Heritage and Planning Sub-Committee, with Councillor Mant as Deputy Chair, commenced at 4.03pm.
The Major Development Assessment Sub-Committee, with Councillor Kok as Deputy Chair, commenced at 5.00pm.
The Development Assessment Sub-Committee, with Councillor Mant as Deputy Chair, commenced at 5.11pm.
The meeting of the Planning and Development Committee and all its Sub-Committees concluded at 5.57pm.
ITEM 9.1
DISCLOSURES OF INTEREST
(a) Section 451 of the Local Government Act 1993
No Councillors disclosed any pecuniary or non-pecuniary interests in any matter on the agenda for this meeting of the Planning and Development Committee.
At a later stage of the meeting, during presentations by speakers on Item 9.8 on the agenda, Councillor Linda Scott declared a significant, non-pecuniary interest in Item 9.8 in that one of the speakers on that item made a donation, which was much less than the legal disclosable amount, to her election campaign. Councillor Scott stated she would not be present for any further discussion, and voting, on this item.
(b) Local Government and Planning Legislation Amendment (Political Donations) Act 2008
No disclosures were made by any members of the public at this meeting of the Planning and Development Committee.
Monday 25 August 2014 1726
Report of the Transport, Heritage and Planning Sub-Committee
Moved by Councillor Mant, seconded by Councillor Kok -
That the report of the Transport, Heritage and Planning Sub-Committee of its meeting of 19 August 2014 be received, with Item 9.1 being noted and the recommendations set out below for Items 9.2 to 9.5 inclusive being adopted.
Carried unanimously.
The Transport, Heritage and Planning Sub-Committee recommended the following:
ITEM 9.2
GREEN SQUARE UPDATE (S100167)
It is resolved that Council note:
(A) the minutes of the meeting of the Green Square Advisory Committee of 24 June 2014, shown at Attachment A to the subject report; and
(B) that the key Green Square City projects, the Library and Plaza, Drying Green Park, Aquatic Centre and former South Sydney Hospital site infrastructure and community projects, are proceeding in line with their programs.
Carried unanimously.
ITEM 9.3
PUBLIC EXHIBITION - 301-303 BOTANY ROAD, ZETLAND - GREEN SQUARE TOWN CENTRE - ESSENTIAL TERMS FOR DRAFT PLANNING AGREEMENT (S100173)
It is resolved that:
(A) authority be delegated to the Chief Executive Officer to prepare and publicly exhibit a draft planning agreement for the site at 301-303 Botany Road, Zetland, in accordance with the relevant provisions of the Environmental Planning and Assessment Act 1979, that will require the landowner to deliver the following public benefits:
(i) the dedication to Council of approximately 231 square metres of land in fee simple for the construction of the Green Square Library and Plaza;
(ii) the dedication to Council of approximately 347.5 square metres of land in fee simple for the widening of the Botany Road and Bourke Road footpaths and the construction of the new footpath;
(iii) the payment to Council of a cash contribution for ‘essential infrastructure’ in accordance with the ‘Development Rights Scheme’ in the Green Square Town Centre Infrastructure Strategy (2006), less the cost of any works-in- kind delivered for public domain;
1727 Monday 25 August 2014
(iv) provision of a publicly accessible path, and ancillary signage, linking the retail car park on the subject site to the Green Square Library; and
(v) the design and construction of any proposed building to be capable of being connected to the Green Infrastructure that is to be provided by Council to the boundary of the site; and
(B) following public exhibition, authority be delegated to the Chief Executive Officer to make any minor changes to the draft planning agreement to finalise matters raised during public exhibition and execute the draft planning agreement, subject to it remaining consistent with the terms detailed in clause (A).
Carried unanimously.
ITEM 9.4
TRAFFIC TREATMENT – CENTRE MEDIAN INSTALLATION – O’DEA AVENUE WATERLOO (D/2008/531)
It is resolved that Council approve the installation of a centre median in O’Dea Avenue, Waterloo, between Joynton Avenue and Grandstand Parade.
Carried unanimously.
ITEM 9.5
POST EXHIBITION – GREEN SQUARE AQUATIC CENTRE AND GUNYAMA PARK, EPSOM PARK AND KELLICK STREET – PLANNING PROPOSAL AND DEVELOPMENT CONTROL PLAN AMENDMENT (S107148)
It is resolved that:
(A) Council note submissions received in response to the public exhibition of the Draft Planning Proposal: Green Square Aquatic Centre and Gunyama Park (Epsom Park), Zetland and Kellick Street, Waterloo, as shown at Attachment C to the subject report;
(B) Council approve the Planning Proposal: Green Square Aquatic Centre and Gunyama Park (Epsom Park), Zetland and Kellick Street, Waterloo, dated August 2014, as shown at Attachment A to the subject report, and make as a local environmental plan under section 59(2) of the Environmental Planning and Assessment Act;
(C) Council approve the draft Sydney Development Control Plan 2012 (Amendment x), dated August 2014, as shown at Attachment B to the subject report, specifying the commencement date as the date of publication of the subject local environmental plan in accordance with clause 21 of the Environmental Planning and Assessment Regulation 2000; and
Monday 25 August 2014 1728
(D) authority be delegated to the Chief Executive Officer to make any minor amendments to the Planning Proposal: Green Square Aquatic Centre and Gunyama Park (Epsom Park), Zetland and Kellick Street, Waterloo, and the draft Sydney Development Control Plan 2012 (Amendment x) to correct any minor drafting errors.
Carried unanimously.
Report of the Major Development Assessment Sub-Committee
Moved by Councillor Kok, seconded by Councillor Kemmis-
That the report of the Major Development Assessment Sub-Committee of its meeting of 19 August 2014 be received, with the recommendations set out below for Items 9.6 and 9.7 being adopted.
Carried unanimously.
The Major Development Assessment Sub-Committee recommended the following:
ITEM 9.6
DEVELOPMENT APPLICATION: 231-233 AND 235-239 COMMONWEALTH STREET SURRY HILLS (D/2013/1476)
It is resolved that:
(A) pursuant to the provisions of Clause 4.6 of the Sydney Local Environmental Plan 2012, the variation sought to Clause 4.3 (Building Height) of the Sydney Local Environmental Plan 2012 be supported in this instance; and
(B) consent be granted to Development Application No. D/2013/1476, subject to the following conditions:
SCHEDULE 1A
Approved Development/Design Modifications/Covenants and Contributions/Use and Operation
Note: Some conditions in Schedule 1A are to be satisfied prior to issue of a Construction Certificate and some are to be satisfied prior to issue of Occupation Certificate, where indicated.
(1) APPROVED DEVELOPMENT
(a) Development must be in accordance with Development Application No. D/2013/1476 dated 27 September 2013 and the following drawings:
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Drawing Architect Date Number
Basement MHN Design Union 2 July 2014 Parking and Ground Floor Plans DA 2000 Rev. C
First and MHN Design Union 16 June 2014 Second Floor Plans DA 2001 Rev. B
Third Floor and MHN Design Union 16 June 2014 Roof Plans DA 2002 Rev. B
North and East MHN Design Union 24 June 2014 Elevations DA 2300 Rev. B
South and West MHN Design Union 16 June 2014 Elevations DA 2301 Rev. B
Sections A+C MHN Design Union 2 July 2014 DA 2400 Rev. C
Sections B+D MHN Design Union 16 June 2014 DA 2401 Rev. B
Schedule of MHN Design Union 16 June 2014 External Finishes DA 6000 Rev. B
and as amended by the conditions of this consent.
(b) In the event of any inconsistency between the approved plans and supplementary documentation, the plans will prevail.
(2) DESIGN MODIFICATIONS
The design of the building must be modified as follows:
(a) The residential garbage area is to be relocated to the room labelled ‘commercial garbage area’ at ground floor on Drawing DA 2000 Rev. C. The ground floor is to be reconfigured to provide access to this garbage room for residents within the building from the lift lobby.
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(b) The commercial garbage area is to be accommodated at ground floor in a separate room to the residential garbage area, with a maximum travelling distance of 1m to Belmore Lane. This may require a reduction in the gross floor area of tenancy 01.
(c) Either Unit 12 or Unit 16 (being on the northern side) at third floor is to be deleted and replaced with communal open space with a minimum area of 50m². The communal open space is to be setback at least 1m from the northern boundary along its entire frontage, with access provided for all residents of the building. The communal open space is to be appropriately designed, with landscaping provided. Amended gross floor area plans are to be provided that calculate the floor space ratio for the development taking into account this requirement.
(d) If Unit 12 at third floor is to be retained, the balcony encroachment onto the required 1m northern boundary setback is to be deleted from the plan.
(e) If Unit 16 is to be retained, the balcony encroachment onto the required 1m northern boundary setback is to be deleted from the plan.
(f) The upgraded windows on the Douglass Building must match the existing timber windows in appearance, configuration and material.
The modifications are to be submitted to and approved by Council’s Area Planning Manager prior to the issue of a Construction Certificate.
(3) RETAIL USE
(a) The retail tenancies are to operate between 9.00am and 6.00pm, Mondays to Sundays inclusive.
(b) If any of the tenancies are to be used as a food and drink premises, a plan of management is to be submitted to, and approved by the Area Planning Manager, prior to the use commencing.
(4) COMPLIANCE WITH SUBMITTED MATERIALS AND SAMPLES BOARD
The design details of the proposed building facade including all external finishes, colours and glazing must be in accordance with the materials schedule and sample board, and specifications prepared by MHN Design Union dated 16 June 2014.
(5) DESIGN QUALITY EXCELLENCE
(a) In order to ensure the design quality excellence of the development is retained:
(i) The design architect is to have direct involvement in the design documentation, contract documentation and construction stages of the project;
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(ii) The design architect is to have full access to the site and is to be authorised by the applicant to respond directly to the consent authority where information or clarification is required in the resolution of design issues throughout the life of the project;
(iii) Evidence of the design architect’s commission is to be provided to the Council prior to release of the Construction Certificate.
(b) The design architect of the project is not to be changed without prior notice and approval of the Council’s Director City Planning, Development and Transport.
(6) APPROVED DESIGN ROOF - TOP PLANT
All roof-top plant and associated equipment must be located within the approved building envelope. Should the plant exceed the approved building envelope, then further approval is required from Council.
(7) BUILDING HEIGHT
(a) The height of the building must not exceed RL 36.783 (AHD) to the top of the building and RL 33.220 (AHD) to the parapet of the building.
(b) Prior to an Occupation Certificate being issued, a Registered Surveyor must provide certification that the height of the building accords with (a) above, to the satisfaction of the Principal Certifying Authority.
(8) FLOOR SPACE RATIO - ALL OTHER AREAS
The following applies to Floor Space Ratio:
(a) The Floor Space Ratio (FSR) for the mixed use must not exceed the final FSR calculated with either Unit 12 or 16 deleted in accordance with the Sydney Local Environmental Plan 2012 and Condition 2(c) of D/2013/1476.
(b) Prior to an Occupation Certificate being issued, a Registered Surveyor must provide certification of the total and component Gross Floor Areas (by use) in the development, utilising the definition under the Sydney Local Environmental Plan 2012, applicable at the time of development consent, to the satisfaction of the Principal Certifying Authority.
(9) USE OF COMMON AREAS AND FACILITIES
(a) The roof top terrace must be available for the use all residents of the building, and must be designated as common property on any strata subdivision of the site, with no exclusive use rights.
(b) The communal open space can only be used between 7.00am and 10.00pm, Mondays to Sundays.
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(10) SECTION 94 EASTERN PRECINCT CITY OF SYDNEY DEVELOPMENT CONTRIBUTIONS PLAN 2006
As a consequence of this development, Council has identified an additional demand for public amenities and facilities. Pursuant to Section 94 of the Environmental Planning and Assessment Act, 1979 (as amended), and City of Sydney Section 94 Contributions Development Contributions Plan 2006 the following monetary contributions towards the cost of providing facilities and amenities are required.
Contribution Category Amount
Community Facilities $9,460.38
Public Domain $18,240.56
New Open Space $148,411.54
Accessibility $1,497.12
Management $1,618.73
Total $179,228.32
The above payments will be adjusted according to the relative change in the Consumer Price Index using the following formula.
Contributions at Time of Payment = C x CPI2 / CPI1
where:
C is the original contribution amount as shown above;
CPI2 is the Consumer Price Index: All Groups Index for Sydney available from the Australian Bureau of statistics at the time of payment; and
CPI1 is the Consumer Price Index: All Groups Index for Sydney available from the Australian Bureau of Statistics at the date of calculation being – March 2014.
The contribution must be paid prior to issue of a Construction Certificate. Payment may be by EFTPOS (debit card only), CASH or a BANK CHEQUE made payable to the City of Sydney. Personal or company cheques will not be accepted.
Please contact Council’s Planning Administration staff at [email protected] to confirm the amount payable, prior to payment.
Copies of the City of Sydney Section 94 Development Contributions Plan 2006 may be inspected at Council's offices.
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(11) RESTRICTION ON RESIDENTIAL DEVELOPMENT
The following restriction applies to buildings approved for residential use:
(a) The accommodation portion of the building must be used as permanent residential accommodation only and not for the purpose of a hotel, motel, serviced apartments, private hotel, boarding house, tourist accommodation or the like, other than in accordance with the Sydney Local Environmental Plan 2012.
(b) A restrictive covenant is to be registered on the title of the development site in the above terms and restricting any change of use of those levels from “residential” as defined in the Sydney Local Environmental Plan 2012. The covenant is to be registered on title prior to an Occupation Certificate being issued or the use commencing, whichever is earlier, to the satisfaction of the Council. All costs of the preparation and registration of all associated documentation are to be borne by the applicant.
(c) If a unit contains tenants, it must be subject to a residential tenancy agreement for a term of at least three months.
(d) An owner, tenant or Owners Corporation shall not permit a Building Manager or agent to advertise or organise for short term accommodation or share accommodation in the building.
(12) RESTRICTION ON USE OF CAR SPACES - RESIDENTIAL, SERVICED APARTMENTS AND MIXED USE
The following conditions apply to car parking:
(a) The on-site car parking spaces, exclusive of service and visitor car spaces, are not to be used other than by an occupant, tenant or resident of the subject building.
(b) Prior to an Occupation Certificate being issued, a documentary restrictive covenant, is to be registered on the Title of the development site pursuant to Section 88E of the Conveyancing Act 1919, to the effect of (a) above. The covenant is to be created appurtenant to Council, at no cost to and to the satisfaction of Council.
(c) Any future strata subdivision of the site is to include a restriction on User pursuant to section 39 of the Strata Titles (Freehold Development) Act, 1973, as amended, burdening all utility car parking allotments in the Strata Plan and/or an appropriate restrictive covenant pursuant to section 88B of the Conveyancing Act 1919 burdening all car parking part - lots in the strata scheme.
(13) COMPLIANCE WITH ACOUSTIC REPORT
All recommendations contained in the acoustic report(s) approved by City of Sydney Health and Building must be implemented during construction and use of the premises.
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(a) The Principal Certifying Authority (PCA) shall obtain a statement from appropriately qualified acoustic consultant who possesses the qualifications to render them eligible for membership of the Australian Acoustic Society, Institution of Engineers Australia or the Australian Association of Acoustic Consultants, certifying that the acoustic mitigation measures outlined in the above stated report have been suitably incorporated into the development and that relevant noise criteria have been satisfied prior to the issue of an Occupation Certificate.
(14) NOISE CONTROL VERIFICATION
An acoustic verification report must be submitted to the Principal Certifying Authority (PCA) prior to Occupation Certificate from an accredited acoustic consultant who possesses the qualifications to render them eligible for membership of the Australian Acoustic Society, Institution of Engineers Australia or the Australian Association of Acoustic Consultants outlining all central services mechanical plant and equipment installed within the development.
The report must also confirm that resultant operational noise levels from the mechanical plant and equipment is in compliance with the noise criteria stated within the Noise - Use condition which forms part of the consent, and DA Acoustic Assessment (Revision 1) by Acoustic Logic (24 September 2013) when operating to maximum capacity at the most noise sensitive time of the day. This includes verification of internal noise levels for acoustic privacy and reduction of noise from external sources.
(15) DEMOLITION, EXCAVATION AND CONSTRUCTION NOISE AND VIBRATION MANAGEMENT PLAN
A site specific noise management plan shall be submitted to the Council for comment and approval prior to issue of any Construction Certificate.
The Plan must be prepared by a suitably qualified person who possesses the qualifications to render them eligible for membership of the Australian Acoustic Society, Institution of Engineers Australia or the Australian Association of Acoustic Consultants.
The plan must include but not be limited to the following:-
(a) identification of noise sensitive receivers near to the site.
(b) A prediction as to the level of noise impact likely to affect the nearest noise sensitive receivers from the use and proposed number of high noise intrusive appliances intended to be operated onsite. A statement should also be submitted outlining whether or not predicted noise levels will comply with the noise criteria stated within the City of Sydney Construction Hours /Noise Code of Practice 1992 for the typical construction hours of 07.00am to 7.00pm. Where resultant site noise levels are likely to be in exceedance of this noise criteria then a suitable proposal must be given as to the duration and frequency of respite periods that will be afforded to the occupiers of neighbouring property.
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(c) A representative background noise measurement (LA90, 15 minute) should be submitted, assessed in the vicinity of any potentially affected receiver locations and measured in accordance with AS 1055:1.2.1997.
(d) Confirmation of the level of community consultation that has/is and will be undertaken with Building Managers/ occupiers of the main adjoining noise sensitive properties likely to be most affected by site works and the operation of plant/machinery particularly during the demolition and excavation phases.
(e) Confirmation of noise monitoring methodology that is to be undertaken during the main stages of work at neighbouring noise sensitive properties in order to keep complaints to a minimum and to ensure that noise from site works complies with the noise criteria contained within City's Construction Noise Code.
(f) What course of action will be undertaken following receipt of a complaint concerning offensive noise.
(g) Details of any noise mitigation measures that have been outlined by an acoustic consultant or otherwise that will be deployed on site to reduce noise impacts on the occupiers of neighbouring noise sensitive property to a minimum.
(h) What plant and equipment is to be used on site, the level of sound mitigation measures to be undertaken in each case and the criteria adopted in their selection taking into account the likely noise impacts on the occupiers of neighbouring property and other less intrusive technologies available.
(16) COMPLIANCE WITH DEMOLITION, EXCAVATION & CONSTRUCTION NOISE AND VIBRATION MANAGEMENT PLAN
(a) All works conducted on site which form part of this development must be carried out in accordance with the submitted Demolition, Excavation and Construction Management Plan once approved by Council.
(b) Where all such control measures have been implemented and the resultant noise and/ or vibration levels at any sensitive receiver still exceed the council’s applicable criteria stated in the Construction Hours/Noise Code 1992 and are giving rise to sustained complaints then the contractor must provide regular, appropriate and sustained periods of respite in consultation with Council’s Health and Building unit. Approval to vary the authorised noise and vibration levels must be received in writing by the proponent from Council prior to activities being undertaken that exceed sanctioned emission levels. (Use where respite periods not specified under the approved DEC NMP)
Such periods must be set and agreed to by Council’s Health and Building Unit.
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(17) NOISE - GENERAL
(a) The emission of noise associated with the use of the premises including the operation of any mechanical plant and equipment shall comply with the following:
(i) The LAeq, 15 minute noise level emitted from the use must not exceed the project specific noise level for that receiver as determined in accordance with the NSW Industrial Noise Policy. Noise must be measured in accordance with the Industrial Noise Policy and relevant requirements of Australian Standard AS 1055-1997 Acoustics – Description and measurement of environmental noise.
(ii) Project specific noise levels shall be determined by establishing the existing environmental noise levels, in complete accordance with the assessment LA90, 15 minute / rating LA90, 15 minute process to be in accordance with the requirements for noise monitoring listed in the NSW Industrial Noise Policy and relevant requirements of Australian Standard AS1055-1997 Standard AS 1055-1997 Acoustics – Description and measurement of environmental noise.
(iii) Modifying factors in Table 4.1 of the NSW Industrial Noise Policy are applicable.
(b) An LAeq,15 minute noise level emitted from the use must not exceed the LA90, 15 minute noise level by more than 3dB in any Octave Band Centre Frequency (31.5 Hz to 8 kHz inclusive) when assessed inside any habitable room of any affected residence or commercial premises provided that:
(i) Where the LA90, 15 minute noise level is below the threshold of hearing, Tf at any Octave Band Centre Frequency as defined in Table 1 of International Standard ISO 226 : 2003- Normal Equal- Loudness-Level Contours then the value of Tf corresponding to that Octave Band Centre Frequency shall be used instead.
(ii) The LAeq,15 minute noise level and the LA90,15 minute noise level shall both be measured with all external doors and windows of the affected residence closed;
(iii) The relevant background noise level (LA90, 15 minute) is taken to mean the day, evening or night rating background noise level determined in complete accordance with the methodology outlined in the NSW Industrial Noise Policy and Australian Standard AS1055.1997 Acoustics – Description and measurement of environmental noise.
(iv) Background noise shall be established in the absence of all noise emitted from the use but with the ventilation equipment normally servicing the affected residence operating. Background noise measurements are to be representative of the environmental noise levels at the affected location.
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(v) Modifying factors in Table 4.1 of the NSW Industrial Noise Policy are applicable. Internal Noise measurements are not to be corrected for duration.
(18) SHOP FRONTS
(a) All shop front glazing must be clear and untinted and must not be obscured by blinds, curtains or the like.
(b) Security roller shutters must not be installed on the outside of the shop front. Any security grill is to be a dark recessive colour, located on the inside of the shop front, must be an open grille / see through and not a solid metal type. Details are to be submitted to and approved by the Certifying Authority prior to a Construction Certificate being issued.
(c) Merchandise, public telephones, stored material or the like must not be placed on the footway or other public areas.
(d) No flashing signage visible from the public way shall be installed.
(e) The approved layout must not be altered, without the prior approval of Council, where it would result in the shopfront being obscured in any way.
(f) Any proposed shelving along the glass shopfronts must be of an open- framed, see through construction and the combined height of shelving and any goods displayed must not exceed 1200mm above the finished floor level.
(g) All shelving, shop fittings, refrigeration equipment and the like which are placed in front of windows, must be kept a minimum of 1 metres from the inside face of the window.
(19) SIGNS - SEPARATE DA REQUIRED
A separate development application for any proposed signs additional to those approved as part of this consent (other than exempt or complying signs under Council’s exempt and complying DCPs) must be submitted to and approved by Council prior to the erection or display of any such signs.
(20) NO SPEAKERS OR MUSIC OUTSIDE
Speakers and/or noise amplification equipment must not be installed and music must not be played in any of the outdoor areas associated with the premises including the public domain. Speakers located within the premises must not be placed so as to direct the playing of music towards the outdoor areas associated with the premises.
(21) NO SPRUIKING NOISE
No persons (such as those commonly known as spruikers) or recordings or other devices which have the effect of spruiking are to be located on Council owned property. Furthermore, the sound level of any spruiking generated within privately owned land must not be audible on any adjacent property with a shared boundary.
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(22) TRAFFIC WORKS
Any proposal for alterations to the public road, involving traffic and parking arrangements, must be designed in accordance with RMS Technical Directives and must be referred to and agreed to by the Local Pedestrian, Cycling and Traffic Calming Committee prior to any work commencing on site.
(23) ALLOCATION OF ACCESSIBLE CAR PARKING SPACES
For residential development, accessible car parking spaces for people with mobility impairment are only to be allocated as visitor parking or to adaptable units. Where allocated to adaptable units, the unit(s) and car spaces must be assigned to the unit in any future strata subdivision of the building.
(24) ALLOCATION OF PARKING
The maximum number of car parking spaces to be provided for the development shall comply with the table below. Details confirming the parking numbers shall be submitted to the satisfaction of the Certifying Authority prior to the issue of a Construction Certificate.
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Car Parking Type Number Residential spaces 3 Accessible residential spaces 2 Residential visitor spaces Accessible residential visitor spaces Office and business parking Accessible office and business parking Retail parking 3 Accessible retail parking Industry and warehouse parking Accessible industry and warehouse parking Serviced apartment/hotel parking Accessible serviced apartment/hotel parking Child care parking Car share parking Information and education facility parking Accessible information and education facility parking Medical centre parking Accessible medical centre parking Place of public worship/entertainment facility parking Accessible place of public worship/entertainment facility parking Subtotal Motorcycle parking Bus and coach parking Car wash bay Child care drop off and pick up Child care long term visitor parking Service vehicle spaces 1 Courier Spaces Small Rigid Vehicle loading dock(s) Medium Rigid Vehicle loading dock(s) Articulated Vehicle loading dock(s) Hotel/serviced apartment drop off and pick up Total 9
(25) ASSOCIATED ROADWAY COSTS
All costs associated with the construction of any new road works including kerb and gutter, road pavement, drainage system and footway shall be borne by the developer. The new road works must be designed and constructed in accordance with the City’s “Sydney Streets Technical Specification” including amendments and “Sydney Streets Design Code”.
(26) BICYCLE PARKING AND END OF TRIP FACILITIES
(a) The minimum number of bicycle parking spaces and end of trip facilities to be provided for the development must comply with the table below.
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Bicycle Parking Type Number Requirements Residential 16 Spaces must be a class 1 bicycle locker [1] Residential visitor 2 Spaces must be Class 3 bicycle rails Non-residential 1 Spaces must be Class 2 bicycle facilities Non-residential visitor 3 Spaces must be Class 3 bicycle rails End of Trip Facility Number Type Showers with change 1 area Personal lockers 2
Notes:
(i) If a basement storage area on title that is large enough to store a bike and is no smaller than a class 1 bike locker this can be counted as a space.
(b) The layout, design and security of bicycle facilities must comply with the minimum requirements of Australian Standard AS 2890.3 Parking Facilities Part 3: Bicycle Parking Facilities. The details must be submitted to and approved by the Principle Certifying Authority confirming prior to the Construction Certificate being issued.
(27) CHANGES TO KERB SIDE PARKING RESTRICTIONS
A separate submission must be made to the Local Pedestrian, Cycling and Traffic Calming Committee via the City Infrastructure and Traffic Operations Unit seeking the City’s approval for any changes to kerb side parking arrangements. There is no guarantee kerb side parking will be changed, or that any change will remain in place for the duration of the development use.
The submission must include two plans. One showing the existing kerb side parking restriction signs and stems, the second showing the proposed kerb side parking restriction signs and stems. Both plans must include chainages to all signs and stems from the kerb line of the nearest intersection.
All costs associated with the parking proposal will be borne by the developer.
Note: As parking in the LGA is at a premium, it is recommended that the applicant should approach the Area Traffic Engineer to discuss the proposal before making a submission.
(28) COST OF SIGNPOSTING
All costs associated with signposting for any kerbside parking restrictions and traffic management measures associated with the development shall be borne by the developer.
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(29) ON SITE LOADING AREAS AND OPERATION
All loading and unloading operations associated with servicing the site must be carried out within the confines of the site, at all times and must not obstruct other properties/units or the public way.
At all times the service vehicle docks, car parking spaces and access driveways must be kept clear of goods and must not be used for storage purposes, including garbage storage.
(30) PARKING DESIGN
The design, layout, signage, line marking, lighting and physical controls of all off-street parking facilities must comply with the minimum requirements of Australian Standard AS/NZS 2890.1 Parking facilities Part 1: Off-street car parking, AS/NZS 2890.2 Parking facilities Part 2: Off-street commercial vehicle facilities and AS/NZS 2890.6 Parking facilities Part 6: Off-street parking for people with disabilities. The details must be submitted to and approved by the Principal Certifying Authority prior to a Construction Certificate being issued.
(31) PARKING ON COMMON PROPERTY AREAS
No part of the common property, apart from the visitor vehicle spaces which are to be used only by visitors to the building, and service vehicle spaces which are to be used only by service vehicles, is to be used for the parking or storage of vehicles or boats. The strata subdivision of the building is to include an appropriate documentary restriction pursuant to Section 88B of the Conveyancing Act 1919, so burdening common property, with the Council being the authority to release, vary or modify the restriction.
(32) PROHIBITION ON PARTICIPATION IN RESIDENT PARKING PERMIT SCHEME - APPLICATION OF CITY OF SYDNEY PARKING POLICY
All owners, tenants and occupiers of this building are advised that it is the Policy of Council that they are not eligible to participate in any existing or proposed Council on-street resident parking schemes. The owner of the dwelling must advise all intending owners, tenants and occupiers of the dwelling of this prohibition in writing at the time of entering into a purchase / lease / occupancy agreement.
(33) SIGNAGE TO INDICATE NON PARTICIPATION IN RESIDENT PARKING PERMIT SCHEME
Signs reading ‘all owners, tenants and occupiers of this building are advised that they are not eligible to obtain an on-street resident parking permit from Council’ must be permanently displayed and located in prominent places such as at display apartments and on all directory boards or notice boards, where they can easily be observed and read by people entering the building. The signs must be erected prior to an Occupation Certificate being issued and must be maintained in good order at all times by the Owners of the building.
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(34) SIGNS AT EGRESS
The following signs must be provided and maintained within the site at the point(s) of vehicle egress:
(a) Compelling drivers to stop before proceeding onto the public way
(b) Compelling drivers to "Give Way to Pedestrians" before crossing the footway; or compelling drivers to "Give Way to Pedestrians and Bicycles" before crossing a footway on an existing or identified shared path route.
(35) VEHICLE FOOTWAY CROSSING
A separate application is to be made to, and approved by, Council for the construction of any proposed vehicle footway crossing or for the removal of any existing crossing and replacement of the footpath formation where any such crossings are no longer required.
All disused or redundant vehicle crossings and laybacks must be removed and footway, kerb, gutter and road restoration reinstated in accordance with Council’s standards, to suit the adjacent finished footway and edge treatment materials, levels and details, or as otherwise directed by Council officers. All construction and replacement works are to be completed in accordance with the approved plans prior to the issue of an Occupation Certificate.
Note: In all cases the construction materials should reinforce the priority of pedestrian movement over that of the crossing vehicle.
SCHEDULE 1B
Prior to Construction Certification/Commencement of Work/Health and Building
Note: Prior to the issue of the Construction Certificate, sufficient information must be forwarded to the certifying authority (whether Council or a private accredited certifier) illustrating compliance with the relevant requirements of the Building Code of Australia (and a copy forwarded to Council where Council is not the certifying authority). If Council is to be the certifying authority, please contact the Building Unit to discuss the requirements prior to submission of the application for construction certificate.
(36) EXCAVATION
(a) The demolition and excavation of the site must not undermine or endanger the neighbouring heritage buildings, the retained facades and neighbouring contributory buildings of the conservation area.
(b) The geotechnical report and structural engineer verification specifying measures for the excavation, and structural underpinning details of the retained facade and neighbouring building must be submitted to Council prior to the commencement of excavation.
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(37) NOTIFICATION – NEW CONTAMINATION EVIDENCE
Any new information which comes to light during demolition or construction works which has the potential to alter previous conclusions about site contamination shall be notified to the City’s Area Planning Manager and the Principal Certifying Authority immediately.
(38) ASBESTOS REMOVAL WORKS
(a) All works removing asbestos containing materials must be carried out by a suitably licensed asbestos removalist duly licensed with WorkCover NSW, holding either a Friable (Class A) or a Non- Friable (Class B) Asbestos Removal Licence which ever applies.
(b) Five days prior to the commencement of licensed asbestos removal, WorkCover must be formally notified of the works. All adjoining properties and those opposite the development must be notified in writing of the dates and times when asbestos removal is to be conducted. The notification is to identify the licensed asbestos removal contractor and include a contact person for the site together with telephone number and email address.
(c) All works must be carried out in accordance with the Work Health and Safety Regulation 2011 and the NSW Government and WorkCover document entitled How to manage and control asbestos in the work place: Code of Practice (NSW WorkCover) and the City of Sydney Managing Asbestos Policy.
(d) The asbestos removalist must use signs and barricades to clearly indicate the area where the asbestos removal work is being performed. Signs must be placed in positions so that people are aware of where the asbestos removal work area is and should remain in place until removal is completed and clearance to reoccupy has been granted. Responsibilities for the security and safety of the asbestos removal site and removal work area should be specified in the asbestos removal control plan (where required). This includes inaccessible areas that are likely to contain asbestos.
(e) Warning signs must be placed so they inform all people nearby that asbestos removal work is taking place in the area. Signs should be placed at all of the main entry points to the asbestos removal work area where asbestos is present. These signs should be weatherproof, constructed of light-weight material and adequately secured so they remain in prominent locations. The signs should be in accordance with AS 1319-1994 Safety signs for the occupational environment for size, illumination, location and maintenance.
(f) Asbestos to be disposed of must only be transported to waste facilities licensed to accept asbestos. The names and location of these facilities are listed in Appendix F of the City of Sydney’s Managing Asbestos Guidelines.
(g) No asbestos products are to be reused on the site (i.e. packing pieces, spacers, formwork or fill etc).
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(h) No asbestos laden skips or bins are to be left in any public place without the approval of Council.
(i) A site notice board must be located at the main entrance to the site in a prominent position and must have minimum dimensions of 841mm x 594mm (A1) with any text on the notice to be a minimum of 30 point type size.
The site notice board must include the following:
(i) contact person for the site;
(ii) telephone and facsimile numbers and email address; and
(iii) site activities and time frames.
(39) COMPLIANCE WITH BUILDING CODE OF AUSTRALIA
The proposed work must comply with the Building Code of Australia (BCA).
(40) STRUCTURAL CERTIFICATION FOR DESIGN - BCA (ALL BUILDING CLASSES)
Prior to the issue of a Construction Certificate, structural details and a Structural Certificate for Design by a qualified practising structural engineer and in accordance with Clause A2.2(a)(iii) of the Building Code of Australia (applicable to class 2-9 building) and Clause 1.2.2(iii) of Volume 2 of the BCA (applicable to Class 1 and 10 buildings) must be submitted to the satisfaction of Council (where Council is the Certifying Authority).
(41) STRUCTURAL CERTIFICATION FOR EXISTING BUILDING - ALTERATIONS AND ADDITIONS
A qualified practising certified structural engineer must provide structural certification to Council (where Council is the Certifying Authority) verifying that the existing structure can adequately support the proposed new loads and the structural design complies with the Structural Provisions of Part B1 (Vol 1) and Part 2.1 (Vol 2) of the Building Code of Australia prior to a Construction Certificate being issued. The proposed additional loads and/or alterations must not cause a decrease in the existing structural performance of the building including its performance under earthquake actions (AS1170.4).
(42) PHYSICAL MODELS
(a) Prior to a Construction Certificate being issued, an accurate 1:500 scale model of the approved development must be submitted to Council for the City Model in Town Hall House; and
(b) Prior to a final Occupation Certificate being issued, an accurate 1:500 scale mode of the development as constructed must be submitted to Council for the City Model in Town Hall House
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Note:
(i) The models must be constructed in accordance with the Model Specifications available online at http://www.cityofsydney.nsw.gov.au/development/application- guide/application-process/model-requirements Council’s modelers must be consulted prior to construction of the model.
(ii) The models are to comply with all of the conditions of the Development Consent.
(iii) The models must be amended to reflect any further modifications to the approval (under section 96 of the Environmental Planning and Assessment Act) that affect the external appearance of the building.
(43) SUBMISSION OF ELECTRONIC CAD MODELS PRIOR TO CONSTRUCTION CERTIFICATE AND PRIOR TO OCCUPATION CERTIFICATE
(a) Prior to a Construction Certificate being issued, an accurate 1:1 electronic CAD model of the detailed construction stage drawings for that stage must be submitted to Council for the electronic Visualisation City Model.
(b) The data required to be submitted within the surveyed location must include and identify:
(i) building design above and below ground in accordance with the development consent;
(ii) all underground services and utilities, underground structures and basements, known archaeological structures and artefacts;
(iii) a current two points on the site boundary clearly marked to show their Northing and Easting MGA (Map Grid of Australia) coordinates, which must be based on Established Marks registered in the Department of Lands and Property Information’s SCIMS Database with a Horizontal Position Equal to or better than Class C.
The data is to be submitted as a DGN or DWG file on a Compact Disc. All modelling is to be referenced to the Map Grid of Australia (MGA) spatially located in the Initial Data Extraction file.
(c) The electronic model must be constructed in accordance with the City’s 3D CAD electronic model specification. The specification is available online at http://www.cityofsydney.nsw.gov.au/development/application- guide/application-process/model-requirements Council’s Modelling staff should be consulted prior to creation of the model. The data is to comply with all of the conditions of the Development Consent.
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(d) Prior to an Occupation Certificate being issued, a second and updated "as built" 1:1 electronic model, in accordance with the above requirements, of the completed development must be submitted to Council for the electronic City Model.
(44) DEMOLITION, EXCAVATION AND CONSTRUCTION MANAGEMENT
(a) Prior to the commencement of demolition and/or excavation work the following details must be submitted to and be approved by the Principal Certifying Authority:
(i) Plans and elevations showing distances of the subject building from the location of adjoining and common/party walls, and (where applicable) the proposed method of facade retention.
(ii) A Demolition Work Method Statement prepared by a licensed demolisher who is registered with the WorkCover Authority. (The demolition by induced collapse, the use of explosives or on-site burning is not permitted.)
(iii) An Excavation Work Method Statement prepared by an appropriately qualified person.
(iv) A Waste Management Plan for the demolition and or excavation of the proposed development.
(b) Such statements must, where applicable, be in compliance with AS2601-2001 Demolition of Structures, the Work, Health and Safety Act 2011 and Regulation; Council’s Policy for Waste Minimisation in New Developments 2005, the Waste Avoidance and Resource Recovery Act 2001, and all other relevant acts and regulations and must include provisions for:
(i) A Materials Handling Statement for the removal of refuse from the site in accordance with the Waste Avoidance and Resource Recovery Act 2001.
(ii) The name and address of the company/contractor undertaking demolition/excavation works.
(iii) The name and address of the company/contractor undertaking off site remediation/disposal of excavated materials.
(iv) The name and address of the transport contractor.
(v) The type and quantity of material to be removed from site.
(vi) Location and method of waste disposal and recycling.
(vii) Proposed truck routes, in accordance with this development consent.
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(viii) Procedures to be adopted for the prevention of loose or contaminated material, spoil, dust and litter from being deposited onto the public way from trucks and associated equipment and the proposed method of cleaning surrounding roadways from such deposits. (Note: With regard to demolition of buildings, dust emission must be minimised for the full height of the building. A minimum requirement is that perimeter scaffolding, combined with chain wire and shade cloth must be used, together with continuous water spray during the demolition process. Compressed air must not be used to blow dust from the building site).
(ix) Measures to control noise emissions from the site.
(x) Measures to suppress odours.
(xi) Enclosing and making the site safe.
(xii) Induction training for on-site personnel.
(xiii) Written confirmation that an appropriately qualified Occupational Hygiene Consultant has inspected the building/site for asbestos, contamination and other hazardous materials, in accordance with the procedures acceptable to WorkCover Authority.
(xiv) An Asbestos and Hazardous Materials Clearance Certificate by a person approved by the WorkCover Authority.
(xv) Disconnection of utilities.
(xvi) Fire Fighting. (Fire fighting services on site are to be maintained at all times during demolition work. Access to fire services in the street must not be obstructed).
(xvii) Access and egress. (Demolition and excavation activity must not cause damage to or adversely affect the safe access and egress of the subject building or any adjacent buildings).
(xviii) Waterproofing of any exposed surfaces of adjoining buildings.
(xix) Control of water pollution and leachate and cleaning of vehicles tyres (proposals must be in accordance with the Protection of the Environmental Operations Act 1997).
(xx) Working hours, in accordance with this development consent.
(xxi) Any WorkCover Authority requirements.
(c) The approved work method statements and a waste management plan as required by this condition must be implemented in full during the period of construction.
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(45) DILAPIDATION REPORT – MAJOR EXCAVATION/DEMOLITION
(a) Subject to the receipt of permission of the affected landowner, dilapidation report/s, including a photographic survey of 229 Commonwealth Street are to be prepared by an appropriately qualified structural engineer prior to commencement of demolition/excavation works. A copy of the dilapidation report/s together with the accompanying photographs must be given to the above property owners, and a copy lodged with the Certifying Authority and the Council prior to the issue of a Construction Certificate.
UPON COMPLETION OF EXCAVATION/DEMOLITION
(b) A second Dilapidation Report/s, including a photographic survey must then be submitted at least one month after the completion of demolition/excavation works. A copy of the second dilapidation report/s, together with the accompanying photographs must be given to the above property owners, and a copy lodged with the Principal Certifying Authority and the Council prior to the issue of an Occupation Certificate.
Any damage to buildings, structures, lawns, trees, sheds, gardens and the like must be fully rectified by the applicant or owner, at no cost to the affected property owner.
Note: Prior to the commencement of the building surveys, the applicant/owner must advise (in writing) all property owners of buildings to be surveyed of what the survey will entail and of the process for making a claim regarding property damage. A copy of this information must be submitted to Council.
(46) EROSION AND SEDIMENT CONTROL - BETWEEN 250 AND 2,500SQM
Prior to the commencement of demolition/excavation/construction work, an Erosion and Sediment Control Plan (ESCP) must be submitted to and be approved by the Principal Certifying Authority. The ESCP must:
(a) Conform to the specifications and standards contained in Managing Urban Stormwater: Soils and Construction (Landcom, 2004); the Guidelines for Erosion and Sediment Control on Building Sites (City of Sydney, 2004); and the NSW Protection of the Environment Operations Act 1997.
(b) Include a drawing(s) that clearly shows:
(i) location of site boundaries and adjoining roads
(ii) approximate grades and indications of direction(s) of fall
(iii) approximate location of trees and other vegetation, showing items for removal or retention
(iv) location of site access, proposed roads and other impervious areas
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(v) existing and proposed drainage patterns with stormwater discharge points
(vi) north point and scale
(c) Specify how soil conservation measures will be conducted on site including:
(i) timing of works
(ii) locations of lands where a protective ground cover will, as far as is practicable, be maintained
(iii) access protection measures
(iv) nature and extent of earthworks, including the amount of any cut and fill
(v) where applicable, the diversion of runoff from upslope lands around the disturbed areas
(vi) location of all soil and other material stockpiles including topsoil storage, protection and reuse methodology
(vii) procedures by which stormwater is to be collected and treated prior to discharge including details of any proposed pollution control device(s)
(viii) frequency and nature of any maintenance program
(ix) other site-specific soil or water conservation structures.
(47) TEMPORARY GROUND ANCHORS, TEMPORARY SHORING AND PERMANENT BASEMENT/RETAINING WALLS AFFECTING THE ROAD RESERVE
For temporary shoring including ground anchors affecting the road reserve, a separate application under Section 138 of the Roads Act 1993 must be lodged with Council.
(48) CONSTRUCTION TRAFFIC MANAGEMENT PLAN
A Construction Traffic Management Plan must be submitted to and approved by Council prior to a Construction Certificate being issued.
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(49) CLASSIFICATION OF WASTE
Prior to the exportation of waste (including fill or soil) from the site, the waste materials must be classified in accordance with the provisions of the Protection of the Environment Operations Act 1997 and the NSW DECC Waste Classification Guidelines, Part1: Classifying Waste (July 2009). The classification of the material is essential to determine where the waste may be legally taken. The Protection of the Environment Operations Act 1997 provides for the commission of an offence for both the waste owner and the transporters if the waste is taken to a place that cannot lawfully be used as a waste facility for the particular class of waste. For the transport and disposal of industrial, hazardous or Group A liquid waste advice should be sought from the EPA.
(50) ARCHAEOLOGICAL DISCOVERY DURING EXCAVATION
(a) Should any relics be unexpectedly discovered on the site during excavation, all excavation or disturbance to the area is to stop immediately and the Heritage Council of NSW should be informed in accordance with section 146 of the Heritage Act 1977.
(b) Should any Aboriginal objects be unexpectedly discovered then all excavation or disturbance of the area is to stop immediately and NSW Government Office of Environment and Heritage is to be informed in accordance with Section 89A of the National Parks and Wildlife Act 1974.
(c) Should any archaeological remains or Aboriginal objects be discovered, a copy of recording of the finds and the final archaeological summary report is to be submitted to Council prior to the Occupational Certificate;
(d) if the discovery is on Council’s land, Council must be informed.
(51) PHOTOGRAPHIC ARCHIVAL DOCUMENTATION (MINOR WORKS)
Prior to a Construction Certificate being issued, an archival photographic recording of the existing buildings are to be prepared to Council's satisfaction. The recording may be in either digital or film-based form, or a combination of both, prepared in accordance with the NSW Heritage Division of the Department of Environment and Heritage guidelines titled "Photographic Recording of Heritage Items using Film or Digital Capture". One copy of the record is to be submitted to Council to be lodged with Council's Archives.
The form of the recording is to be as follows:
(a) In A4 format, placed in archival plastic sleeves in an appropriate archival folder.
(b) The Development Application number must be noted on the front of the folder and in the report.
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(c) Include a summary report detailing the project description, date and authorship of the photographic record, method of documentation and limitations of the photographic record.
(d) Each negative, slide or digital image is to be cross referenced to a photographic catalogue and photographic base plans.
(e) Include written confirmation, issued with the authority of both the applicant and the photographer that the City of Sydney is granted a perpetual non-exclusive licence to make use of the copyright in all images supplied, including the right to make copies available to third parties as though they were Council images. The signatures of both the applicant and the photographer must be included.
A digital based recording is to include:
(f) CD or DVD containing the report in PDF format and the electronic images saved as JPEG, TIFF or PDF files and cross referenced to the digital catalogue sheets and base plans.
A film based recording is to include:
(g) 35mm film images submitted as contact sheets with equivalent negatives, a selection of black and white prints 200 x 250mm, and 35mm colour transparencies, all labelled and cross-referenced to the catalogue sheets and base plans.
(52) LANDSCAPING OF THE SITE
(a) A detailed landscape plan, drawn to scale, by a qualified landscape architect or landscape designer, must be submitted to and approved by Council’s Area Planning Manager prior to the issue of a Construction Certificate for above ground building works. The plan must include:
(i) Location of existing and proposed structures on the site including, but not limited to, existing and proposed trees, paved areas, planted areas on slab, planted areas in natural ground, lighting and other features;
(ii) Details of earthworks and soil depths including mounding and retaining walls and planter boxes (if applicable). The minimum soil depths for planting on slab must be 1000mm for trees, 450mm for shrubs and 200mm for groundcovers;
(iii) Location, numbers, type and supply of plant species (and NATSPEC – see below);
(iv) Details of planting procedure and maintenance;
(v) Details of drainage, waterproofing and watering systems.
(b) Prior to the issue of a Construction Certificate, a maintenance plan is to be submitted to and approved by the Principal Certifying Authority. The maintenance plan is to be complied with during occupation of the property.
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(c) All landscaping in the approved plan is to be completed prior to an Occupation Certificate being issued.
(53) CAR PARK VENTILATION
The car park must be ventilated in accordance with the Building Code of Australia and, where necessary, Australian Standard AS1668, Parts 1 and 2. Ventilation must be controlled by carbon monoxide monitoring sensors to ensure compliance with occupant health requirements.
(54) FUTURE FOOD USE - MECHANICAL VENTILATION PROVISION
The approved mechanical exhaust systems are to be designed to be capable of accommodating exhaust requirements for all ground floor retail tenancies in accordance with relevant Australia Standards, in order to allow for the event that any of the tenancies are approved for future use by food premises or other uses which require mechanical exhaust. Any exhaust system servicing an area where food is being cooked must discharge exhaust air at roof level.
(55) MECHANICAL VENTILATION
(a) The premises must be ventilated in accordance with the Building Code of Australia and AS1668.1 and AS1668.2.
(b) Details of any mechanical ventilation and/or air conditioning system complying with AS1668.1 and AS1668.2, the Building Code of Australia and relevant Australian Standards must be prepared by a suitably qualified person certified and certified in accordance with Clause A2.2(a)(iii) of the Building Code of Australia, to the satisfaction of the Certifying Authority prior to the issue of a Construction Certificate.
(c) Prior to issue of an Occupation Certificate and following the completion, installation, and testing of all the mechanical ventilation systems, a Mechanical Ventilation Certificate of Completion and Performance in accordance with Clause A2.2(a)(iii) of the Building Code of Australia, must be submitted to the Principal Certifying Authority.
(56) MICROBIAL CONTROL IN WATER SYSTEMS
(a) Prior to the issue of a Construction Certificate detailed plans of any water cooling system (including cooling towers) as defined under the Public Health Act 2010 must be prepared by a suitably qualified person and certified in accordance with AS3666: 1: 2011 Air handling and water systems of buildings – Microbial Control – Design, installation and commissioning and must be submitted to and approved by Council.
(b) Water cooling system operation and maintenance manuals and maintenance service records shall be readily available at the premises for inspection by an authorised officer upon request. Such records must be kept on the premises in accordance with Clause 2.6 to AS/NZS 3666:2:2011 Air handling and water systems of buildings – Microbial control, operation and maintenance.
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(c) The installation, operation and maintenance of warm water systems and water cooling systems (as defined under the Public Health Act 2010) must comply with the following:
(i) Public Health Act 2010, Public Health Regulation 2012 and Parts 1 and 2 (or part 3 if a Performance-based water cooling system) of AS3666:2011 Air handling and water systems of buildings – Microbial Control and the NSW Health Code of Practice for the Control of Legionnaires Disease.
(ii) Prior to the issue of an Occupation Certificate or if non applicable, prior to commencement of the use, the owner or occupier of the premises at which any warm water system and/or water cooling system is installed must cause notice of such installation(s) by providing to Council’s Environmental Health department, written notification by way of the prescribed form under Clause 12 to the Public Health Regulation 2012. Any changes to these particulars must be notified to Council’s Environmental Health department in writing within 7 days of the change(s). Copies of the notification forms are available on the City of Sydney website.
(57) ALIGNMENT LEVELS – MINOR DEVELOPMENT
(a) Where ground floor levels of existing buildings are being retained, alignment levels for the buildings and site frontages of those buildings must be submitted to and approved by Council prior to a Construction Certificate being issued for public domain works or above ground building works, whichever is earlier. The submission must be prepared by a Registered Surveyor or suitably qualified engineer and must be submitted with a completed Alignment Levels checklist (available in the Public Domain Manual) and Footpath Levels and Gradients Approval Application form (available on the City’s website).
(b) If a Public Domain Plan condition applies to the development consent the Public Domain Plan submission must incorporate the approved Alignment Levels. If the proposed detailed design of the public domain requires changes to any previously approved Alignment Levels, then an amended Alignment Levels submission must be submitted to and approved by Council to reflect these changes prior to a Construction Certificate being issued for public domain work.
(58) PHOTOGRAPHIC RECORD / DILAPIDATION REPORT - PUBLIC DOMAIN
Prior to an approval for demolition being granted or a Construction Certificate being issued, whichever is earlier, a photographic recording of the public domain site frontages is to be prepared and submitted to Council's satisfaction.
The recording must include clear images of the building facade adjoining the footpath, the footpath, nature strip, kerb and gutter, driveway crossovers and laybacks, kerb ramps, road carriageway, street trees and plantings, parking restriction and traffic signs, and all other existing infrastructure along the street.
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The form of the recording is to be as follows:-
(a) A PDF format report containing all images at a scale that clearly demonstrates the existing site conditions;
(b) Each image is to be labelled to identify the elements depicted, the direction that the image is viewed towards, and include the name of the relevant street frontage;
(c) Each image is to be numbered and cross referenced to a site location plan;
(d) A summary report, prepared by a suitable qualified professional, must be submitted in conjunction with the images detailing the project description, identifying any apparent existing defects, detailing the date and authorship of the photographic record, the method of documentation and limitations of the photographic record;
(e) Include written confirmation, issued with the authority of both the applicant and the photographer that the City of Sydney is granted a perpetual non-exclusive license to make use of the copyright in all images supplied, including the right to make copies available to third parties as though they were Council images. The signatures of both the applicant and the photographer must be included.
Any damage to the public way including trees, footpaths, kerbs, gutters, road carriageway and the like must immediately be made safe and functional by the applicant. Damage must be fully rectified by the applicant in accordance with the City’s standards prior to a Certificate of Completion being issued for Public Domain Works or before an Occupation Certificate is issued for the development, whichever is earlier.
(59) PROTECTION OF STONE KERBS
(a) The existing stone kerbs on the Belmore Lane and Mary Street frontages of the site are to be retained and properly protected during excavation and construction works.
(b) To avoid damage to stone kerbs during construction and / or excavation works for the development, temporary removal and storage of the stone kerbs may be approved by Council. Removed, serviceable stone kerbs (ie. those that are in good condition as agreed by City officers) must be re-installed in accordance with the City’s standard details and specifications after the construction and / or excavation works have been completed. Note: A temporary concrete kerb will need to be constructed to retain the footpath and road access until the stone kerbs can be reinstalled. The removed stone kerbs are to be reinstalled prior to the issue of an Occupation Certificate. Note: all costs associated with the works are to be at no cost to the Council.
(c) Damaged kerbs are to be replaced to match existing to the City’s satisfaction or as otherwise advised by City officers.
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(d) Where new crossings or temporary crossings are to be constructed to access the property, the affected kerb stones should be salvaged and reused wherever possible.
(e) All new driveway laybacks and kerbs are to be constructed with stone kerbs to match existing stones or as specified by City officers. All unused stone kerbs are to be salvaged and returned to the City’s store.
(f) Council approval is required before kerbs are removed.
(60) PRESERVATION OF SURVEY MARKS
All works in City streets must ensure the preservation of existing permanent survey marks (a brass bolt, or a lead plug holding a brass tack, covered by a cast iron box). At least forty-eight hours prior to the commencement of any works in the public way within 1 metre of a permanent survey mark contact must be made with the City's Project Manager Survey / Design Services to arrange for the recovery of the mark.
Prior to the issue of a Construction Certificate, a survey plan, clearly showing the location of all permanent survey marks fronting the site and within 5 metres on each side of the frontages must be submitted to Council.
At least forty-eight hours prior to the commencement of any works in the public way within 1 metre of a permanent survey mark contact must be made with the City’s Senior Surveyor to arrange for the recovery of the mark.
A fee must be paid to the Council for the replacement of any permanent survey mark removed or damaged in accordance with the City's Schedule of Fees and Charges (Reinstatement of Survey Box).
(61) PUBLIC DOMAIN PLAN
(a) A detailed Public Domain Plan must be prepared by a suitably qualified architect, urban designer, landscape architect or engineer and must be lodged with Council’s Public Domain Section and be approved by Council prior to a Construction Certificate being issued for public domain work or above ground building work, whichever is later. The Public Domain Plan must be submitted with a completed Public Domain Plan checklist (available in the City of Sydney’s Public Domain Manual).
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(b) The Public Domain Plan must document all works required to ensure that the public domain complies with the City of Sydney’s Public Domain Manual, Sydney Streets Design Code and Sydney Streets Technical Specification, including requirements for road pavement, traffic measures, footway pavement, kerb and gutter, drainage, vehicle crossovers, pedestrian ramps, lighting, street trees and landscaping, signage and other public domain elements. If an Alignment Levels condition applies to the development, the Public Domain Plan submission must incorporate the approved Alignment Levels. If the proposed detailed design of the public domain requires changes to any previously approved Alignment Levels, then an amended Alignment Levels submission must be submitted to and approved by Council to reflect these changes prior to a Construction Certificate being issued for public domain work.
(c) The works to the public domain are to be completed in accordance with the approved Public Domain Plan and Alignment Levels plans and the Public Domain Manual before any Occupation Certificate is issued in respect of the development or before the use commences, whichever is earlier.
(d) A Public Domain Works Deposit will be required for the public domain works, in accordance with the City of Sydney’s adopted fees and charges and the Public Domain Manual. The Public Domain Works Deposit must be submitted as an unconditional bank guarantee in favour of Council as security for completion of the obligations under this consent.
(e) Council's Public Domain section must be contacted to determine the guarantee amount prior to lodgement of the guarantee. The guarantee must be lodged with Council prior to a Construction Certificate being issued.
(f) The Bank Guarantee will be retained in full until all Public Domain works are completed and the required certifications, warranties and works-as-executed documentation are submitted and approved by Council in writing. On satisfying the above requirements, 90% of the total securities will be released. The remaining 10% will be retained for the duration of the specified Defects Liability Period.
(62) PUBLIC DOMAIN WORKS - HOLD POINTS AND HANDOVER
(a) Prior to a Construction Certificate being issued for public domain work, including civil, drainage and subsurface works, , a set of hold points for approved public domain, civil and drainage work is to be determined with and approved by the City's Public Domain section in accordance with the City of Sydney's Public Domain Manual and Sydney Streets Technical Specification.
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(b) Prior to a Certificate of Completion being issued for public domain works and before the issue of any Occupation Certificate for the development or before the use commences, whichever is earlier, electronic works-as-executed (as-built) plans and documentation, certified by a suitably qualified, independent professional must be submitted to and accepted by Council for all public domain works. Completion and handover of the constructed public domain works must be undertaken in accordance with the City of Sydney's Public Domain Manual and Sydney Streets Technical Specification, including requirements for as-built documentation, certification, warranties and the defects liability period.
(63) STORMWATER AND DRAINAGE - MAJOR DEVELOPMENT
(a) Prior to a Construction Certificate being issued for any excavation, civil construction, drainage or building work (whichever is earlier), excluding approved preparatory or demolition work, details of the proposed stormwater disposal and drainage from the development including a system of on-site stormwater detention in accordance with Council’s standard requirements and details of the provision and maintenance of overland flow paths must be submitted to and approved by Council. All approved details for the disposal of stormwater and drainage are to be implemented in the development.
(b) The requirements of Sydney Water with regard to the on site detention of stormwater must be ascertained and complied with. Evidence of the approval of Sydney Water to the on-site detention must be submitted prior to a Construction Certificate being issued excluding any approved preparatory, demolition or excavation works.
(c) Prior to the issue of any Occupation Certificate, a Positive Covenant must be registered on the title for all drainage systems involving On- Site Detention (OSD) to ensure maintenance of the approved OSD system regardless of the method of connection.
(d) Any proposed connection to the Council's underground drainage system will require the owner to enter into a Deed of Agreement with the Council and obtain registration on Title of a Positive Covenant prior to Construction Certificate being issued for public domain works or above ground building works, whichever is earlier, and prior to the commencement of any work within the public way.
(e) An "Application for Approval of Stormwater Drainage Connections" must be submitted to the Council with the appropriate fee at the time of lodgement of the proposal for connection of stormwater to the Council's drainage system.
(f) Prior to a Construction Certificate being issued for any excavation, civil construction, drainage or building work (whichever is earlier), but excluding approved preparatory or demolition work, a stormwater quality assessment must be undertaken by a suitably qualified drainage engineer and must be approved by Council, demonstrating how the development will be designed to ensure that the flow of post- development pollutants from the site due to stormwater will be reduced.
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(64) ACOUSTIC PRIVACY BETWEEN UNITS
(a) The development must be designed and constructed to satisfy the requirements of the Sydney DCP 2012 acoustic privacy requirements. A report prepared by a suitable qualified acoustic professional must be prepared and submitted to the Certifying Authority prior to the issue of a Construction Certificate, and must be suitably referenced in the Construction Certificate documentation.
(b) The report must:-
(i) quantify the level of impact (noise at the exposed facades) from the normal noise of the area on the development; and
(ii) identify acoustic mitigation measures to be incorporated into the building design to ensure compliance with the design goals contained within the Sydney DCP 2012.
(c) The Certifying Authority (PCA) must ensure that the acoustic mitigation measures identified in the subject report are suitable incorporated into the development as erected prior to the issue of an Occupation Certificate.
(65) FLOOR TO CEILING HEIGHT
Prior to a Construction Certificate being issued, the Certifying Authority must ensure that all living rooms and bedrooms in sole occupancy units must have a minimum finished floor to ceiling height of not less than 2.7 metres.
(66) NUMBER OF ADULTS PER ROOM
(a) No more than two adult people shall permanently occupy any bedroom and no bedroom shall contain more than two beds. This excludes children and children’s beds, cots or bassinets.
(b) The total number of adults residing in one unit shall not exceed twice the number of approved bedrooms.
(67) REDUCTION OF NOISE FROM EXTERNAL SOURCES (RESIDENTIAL AND SERVICED APARTMENTS)
(a) Prior to a Construction Certificate being issued, an acoustic assessment report prepared by a suitably qualified acoustic consultant must be submitted to and approved by the Certifying Authority demonstrating compliance with the requirements of the Sydney DCP 2012 in relation to acoustic privacy. The approved drawings and specifications for construction are to be in accordance with the requirements of the DCP.
(b) In the preparation of the report:
(i) The environmental noise monitoring at the site of the proposed development must be undertaken for not less than 3 week days, or not less than 2 weeks where the site is affected by noise from part-time operations;
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(ii) The repeatable maximum LAeq (1 hour) for the daytime period (0700-2200 hours) and for the night time period (2200-0700 hours) is to be identified, and
(iii) The LAeq (1 hour) noise levels within living rooms and bedrooms with windows and doors both open and closed must be shown.
(c) Prior to an Occupation Certificate being issued, a Compliance Certificate from a qualified, practicing acoustic engineer must be submitted to the satisfaction of the Principal Certifying Authority, certifying compliance with the condition.
(68) APPLICATION FOR HOARDINGS AND SCAFFOLDING ON A PUBLIC PLACE
(a) A separate application under Section 138 of the Roads Act 1993 is to be made to Council to erect a hoarding and/or scaffolding (temporary structures) in a public place.
(b) Where a consent is granted allowing the placement of temporary structures in a public place the structures must comply fully with Council’s Policy for the Design of Construction Hoardings and the conditions of any consent granted including:
(i) maintaining a current and valid consent for the full duration that the temporary structures are installed in the public place (Section 139, Roads Act 1993);
(ii) bill posters and graffiti being removed within 24 hours of their placement (Clause 3.1);
(iii) maintaining temporary structures in a clean and tidy condition including repainting where directed by an authorised officer of Council (Clause 3.1);
(iv) hoarding site fences complying with Clause 3.3 - Element 3;
(v) site sheds on decks of Type B hoardings being fully screened from the public place (Clause 3.3 - Element 5); and
(vi) providing and maintaining operational artificial lighting systems under Type B hoardings (Clause 3.3 – Element 9).
(69) PUBLIC DOMAIN DAMAGE DEPOSIT
A Public Domain Damage Deposit calculated on the basis of 77 lineal metres of asphalt and concrete footway site frontages must be lodged with Council in accordance with the City of Sydney’s adopted Schedule of Fees and Charges. The Public Domain Damage Deposit must be submitted as an unconditional bank guarantee in favour of Council as security for repairing any damage to the public domain in the vicinity of the site.
The guarantee must be lodged with Council prior to an approval for demolition being granted or a Construction Certificate being issued, whichever is earlier.
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The Bank Guarantee will be retained in full until the final Occupation Certificate has been issued and any rectification works to the footway and Public Domain are completed to Council’s satisfaction. On satisfying the above requirements 90% of the total securities will be released, with the remaining 10% to be retained for the duration of the 12 months Defect Liability Period.
(70) LOT CONSOLIDATION
All land titles within the site must be consolidated into one lot. A plan of consolidation must be registered with the Land and Property Information Division of the Department of Lands, prior to an Occupation Certificate being issued.
(71) STRATA SUBDIVISION – DEVELOPMENT CONSENT
Any proposal for strata subdivision will require development consent and therefore the lodgment of a separate development application or complying development application and subsequent approval from Council, or an accredited certifier, of the Strata Plan – and issue of a Strata Certificate, under the Strata Schemes (Freehold Development) Act 1973.
(72) ELECTRICITY SUBSTATION
If required by the applicable energy supplier, the owner must dedicate to the applicable energy supplier, free of cost, an area of land within the development site, but not in any landscaped area or in any area visible from the public domain, to enable an electricity substation to be installed. The size and location of the substation is to be submitted for approval of Council and Energy Australia, prior to a Construction Certificate being issued or the commencement of the use, whichever is earlier.
(73) TELECOMMUNICATIONS PROVISIONS
(a) Appropriate space and access for ducting and cabling is to be provided within the plant area and to each apartment within the building within for a minimum of three telecommunication carriers or other providers of broad-band access by ground or satellite delivery. The details must be submitted for the approval of the Certifying Authority prior to a Construction Certificate being issued.
(b) A separate DA must be submitted prior to the installation of any external telecommunication apparatus, or the like.
(74) UTILITY SERVICES
To ensure that utility authorities are advised of the development:
(a) Prior to the issue of a Construction Certificate a survey is to be carried out of all utility services within and adjacent to the site including relevant information from utility authorities and excavation if necessary, to determine the position and level of services.
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(b) Prior to the commencement of work the applicant is to obtain written approval from the utility authorities (e.g. Energy Australia, Sydney Water, and Telecommunications Carriers) in connection with the relocation and/or adjustment of the services affected by the construction of the underground structure. Any costs in the relocation, adjustment or support of services are to be the responsibility of the developer.
(75) WASTE AND RECYCLING MANAGEMENT - RESIDENTIAL
(a) The Waste Management Plan accompanying this Development Application has not been approved by this consent.
(b) A Waste Management Plan is to be submitted to and approved by Council’s Area Planning Manager prior to a Construction Certificate being issued. The plan must comply with the Council's Policy for Waste Minimisation in New Developments 2005, and include a key to provide for Council access to the garbage room. All requirements of the approved Waste Management Plan must be implemented during construction of the development.
(c) The building must incorporate designated areas or separate garbage rooms constructed in accordance with Council’s Policy for Waste Minimisation in New Developments 2005, to facilitate the separation of commercial waste and recycling from residential waste and recycling.
UPON COMPLETION OF THE DEVELOPMENT
(d) Prior to an Occupation Certificate being issued or the use commencing, whichever is earlier, the Principal Certifying Authority must obtain Council’s approval of the waste and recycling management facilities provided in the development and ensure arrangements are in place for domestic waste collection by Council.
(76) STREET TREE PROTECTION
Street trees must be protected in accordance with the Australian Standard 4970 Protection of Trees on Development Sites. All street trees must be protected during the construction works as follows:
(a) Tree trunk and major limb protection must be undertaken prior to or during the installation of any hoarding or scaffoldings. The protection must be installed by a qualified Arborist (AFQ 2 or 3) and must include:
(i) An adequate clearance, minimum 250mm, must be provided between the structure and tree branches, limbs and truck at all times;
(ii) Tree trunk/s and/or major branches, located within 500mm of any hoarding or scaffolding structure, must be protected by wrapped hessian or similar material to limit damage, and
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(iii) Timber planks (50mm x 100mm or similar) must be placed around tree trunk/s. The timber planks must be spaced at 100mm intervals, and must be fixed against the trunk with tie wire, or strapping. The hessian and timber planks must not be fixed to the tree in any instance, or in any fashion,
(iv) Tree trunk and major branch protection is to remain in place for the duration of construction and development works, and must be removed at the completion of the project.
(b) All hoarding support columns are to be placed a minimum of 300mm from the edge of the existing tree pits/setts, so that no sinking or damage occurs to the existing tree setts. Supporting columns must not be placed on any tree roots that are exposed.
(c) Materials or goods, including site sheds, must not be stored or placed:
(i) around or under the tree canopy; or
(ii) within two (2) metres of tree trunks or branches of any street trees.
(d) Protective fencing (1.8 metre chain wire mesh fencing) must be erected on top of the hoarding to protect any branches during the construction works.
(e) Any damage sustained to street tree/s as a result of the erection of hoardings, scaffolding, or due to the loading/unloading of vehicles adjacent the site, must be immediately reported to the Council's Street Tree Contract Coordinator on 9265 9333, in order to determine the appropriate action for maintaining the health and structural integrity of any damaged street tree.
SCHEDULE 1C
During Construction/Prior to Occupation/Completion
(77) HOURS OF WORK AND NOISE – OUTSIDE CBD
The hours of construction and work on the development must be as follows:
(a) All work, including building/demolition and excavation work, and activities in the vicinity of the site generating noise associated with preparation for the commencement of work (eg. loading and unloading of goods, transferring of tools etc) in connection with the proposed development must only be carried out between the hours of 7.30am and 5.30pm on Mondays to Fridays, inclusive, and 7.30am and 3.30pm on Saturdays, with safety inspections being permitted at 7.00am on work days, and no work must be carried out on Sundays or public holidays.
(b) All work, including demolition, excavation and building work must comply with the City of Sydney Code of Practice for Construction Hours/Noise 1992 and Australian Standard 2436 - 1981 Guide to Noise Control on Construction, Maintenance and Demolition Sites.
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Note: The City of Sydney Code of Practice for Construction Hours/Noise 1992 allows extended working hours subject to the approval of an application in accordance with the Code and under Section 96 of the Environmental Planning and Assessment Act 1979.
(78) ENCROACHMENTS – NEIGHBOURING PROPERTIES
No portion of the proposed structure shall encroach onto the adjoining properties.
(79) SURVEY CERTIFICATE AT COMPLETION
A Survey Certificate prepared by a Registered Surveyor must be submitted at the completion of the building work certifying the location of the building in relation to the boundaries of the allotment.
(80) COVERING OF LOADS
All vehicles involved in the excavation and/or demolition process and departing the property with demolition materials, spoil or loose matter must have their loads fully covered before entering the public roadway.
(81) EROSION AND SEDIMENT CONTROL
The Soil and Water Management Plan (SWMP) or Erosion and Sediment Control Plan (ESCP) which has been approved by the Principal Certifying Authority must be implemented in full during the construction period.
During the construction period:
(a) erosion and sediment controls must be regularly inspected, repaired and maintained in working order sufficient for a 10 year Average Recurrence Interval (ARI) rainfall event;
(b) erosion and sediment control signage available from Council must be completed and attached to the most prominent structure visible at all times when entering the site for the duration of construction; and
(c) building operations and stockpiles must not be located on the public footway or any other locations which could lead to the discharge of materials into the stormwater system.
(82) VEHICLE CLEANSING
Prior to the commencement of work, suitable measures are to be implemented to ensure that sediment and other materials are not tracked onto the roadway by vehicles leaving the site. It is an offence to allow, permit or cause materials to pollute or be placed in a position from which they may pollute waters.
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(83) STREET NUMBERING – MAJOR DEVELOPMENT
Prior to an Occupation Certificate being issued, street numbers and the building name must be clearly displayed at either end of the ground level frontage in accordance with the Policy on Numbering of Premises within the City of Sydney. If new street numbers or a change to street numbers is required, a separate application must be made to Council.
(84) OCCUPATION CERTIFICATE TO BE SUBMITTED
An Occupation Certificate must be obtained from the Principal Certifying Authority and a copy submitted to Council prior to commencement of occupation or use of the whole or any part of a new building, an altered portion of, or an extension to an existing building.
(85) SYDNEY WATER CERTIFICATE
A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.
Application must be made through an authorised Water Servicing Coordinator. Please refer to the Building Developing and Plumbing section on the web site www.sydneywater.com.au then refer to “Water Servicing Coordinator” under “Developing Your Land” or telephone 13 20 92 for assistance.
Following application a “Notice of Requirements” will advise of water and sewer infrastructure to be built and charges to be paid. Please make early contact with the Coordinator, since building of water/sewer infrastructure can be time consuming and may impact on other services and building, driveway or landscape design.
The Section 73 Certificate must be submitted to Council or the Principal Certifying Authority prior to an Occupation Certificate or subdivision/strata certificate being issued.
(86) ACCESS DRIVEWAYS TO BE CONSTRUCTED
Approved driveways are to be constructed for all vehicular access to the construction site in accordance with the requirements of Council’s “Driveway Specifications” to the satisfaction of Council.
(87) LOADING AND UNLOADING DURING CONSTRUCTION
The following requirements apply:
(a) All loading and unloading associated with construction activity must be accommodated on site.
(b) If, during excavation, it is not feasible for loading and unloading to take place on site, a Works Zone on the street may be considered by Council.
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(c) A Works Zone may be required if loading and unloading is not possible on site. If a Works Zone is warranted an application must be made to Council at least 8 weeks prior to commencement of work on the site. An approval for a Works Zone may be given for a specific period and certain hours of the days to meet the particular need for the site for such facilities at various stages of construction. The approval will be reviewed periodically for any adjustment necessitated by the progress of the construction activities.
(d) In addition to any approved construction zone, provision must be made for loading and unloading to be accommodated on site once the development has reached ground level.
(e) The structural design of the building must allow the basement and/or the ground floor to be used as a loading and unloading area for the construction of the remainder of the development.
(f) Where hoisting activity over the public place is proposed to be undertaken including hoisting from a Works Zone, a separate approval under Section 68 of the Local Government Act 1993 must be obtained.
(88) NO OBSTRUCTION OF PUBLIC WAY
The public way must not be obstructed by any materials, vehicles, refuse, skips or the like, under any circumstances. Non-compliance with this requirement will result in the issue of a notice by Council to stop all work on site.
(89) USE OF MOBILE CRANES
The following requirements apply:
(a) Mobile cranes operating from the road must not be used as a method of demolishing or constructing a building.
(b) For special operations including the delivery of materials, hoisting of plant and equipment and erection and dismantling of on site tower cranes which warrant the on-street use of mobile cranes, permits must be obtained from Council for the use of a mobile crane. The permits must be obtained 48 hours beforehand for partial road closures which, in the opinion of Council will create minimal traffic disruptions and 4 weeks beforehand in the case of full road closures and partial road closures which, in the opinion of Council, will create significant traffic disruptions.
(c) Special operations and the use of mobile cranes must comply with the approved hours of construction. Mobile cranes must not be delivered to the site prior to 7.30am without the prior approval of Council.
SCHEDULE 2
The prescribed conditions in accordance with Clause 98 of the Environmental Planning and Assessment Regulation 2000 apply to the development.
Carried unanimously.
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ITEM 9.7
DEVELOPMENT APPLICATION: 4 LYNE STREET ALEXANDRIA (D/2014/333)
It is resolved that consent be refused for Development Application No. D/2014/333 for the following reasons:
(1) Density and Overdevelopment
The density of the proposed development as defined by the proposed floor space ratio (FSR) is excessive and is an overdevelopment of the site. The proposed development is contrary to s5(a)(i) and (ii) of the Environmental Planning and Assessment Act 1979 (the Act), it is inconsistent with Principle 4: Density of the State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development (SEPP 65), and fails to satisfy objectives and controls contained at clause 4.4(1)(b) and (d), and clause 4.4(2) of the Sydney Local Environmental Plan 2012 (the LEP).
(2) Contravention of a Development Standard
A written request for an exception to the FSR development standard has not been submitted in accordance with cl.4.6 of the LEP.
(3) Character of the Area and Heritage Conservation
The proposed development exceeds height in storeys and FSR controls. The proposed bulk, scale, and form are considered to be inconsistent with the character of the area and streetscape and fail to adequately respond to the site’s setting and heritage context. The proposed development is contrary to provision 4.2.1, and the locality statement and design principles at provision 2.7.6 of the Sydney Development Control Plan 2012 (the DCP). It is inconsistent with SEPP 65 Principles 1, 2 and 3: Context, Scale and Built Form. It is contrary to DCP heritage provision 3.9.9 and is inconsistent with LEP heritage aims and objectives contained in clause 1.2(2)(k) and clause 5.10(1)(a) and (b) of the LEP.
(4) Landscaping, Amenity and Flexibility
The proposed development provides a poor degree of amenity. The proposed development provides no adaptable dwellings and provides inadequate flexibility for the needs of future occupants. It is inconsistent with SEPP 65 Principles 6 and 7: Landscape and Amenity, and is inconsistent with the aims of the LEP contained at clause 1.2(2)(e) and (h). It is contrary to DCP adaptability and amenity requirements contained in provisions 3.12, 4.2.1.2, 4.2.3.1, 4.2.3.2, 4.2.3.5, 4.2.3.6, 4.2.3.8 and 4.2.3.11.
(5) Design Excellence
The proposed development does not exhibit design excellence and is contrary to LEP aims, objectives and controls contained at clause 1.2(2)(j) and clause 6.21(1), (3) and (4)(a), (b) and (d)(i), (iii), (v), (vii), (x), (xii) and (xiii).
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(6) The Public Interest and the Objects of the Act
As a matter for consideration pursuant to clause 79C(1)(e) of the Act, the proposal is not in the public interest and is inconsistent with the objects of the Act to encourage proper development for the purpose of promoting a better environment.
Carried unanimously.
Speakers
Mr Michael Bremner addressed the meeting of the Planning and Development Committee (Major Development Assessment Sub-Committee) on Item 9.7.
Report of the Development Assessment Sub-Committee
Moved by Councillor Mant, seconded by Councillor Green -
That the report of the Development Assessment Sub-Committee of its meeting of 19 August 2014 be received, with the recommendation set out below for Item 9.9 being adopted, and Item 9.8 being dealt with as shown immediately following that item.
Carried unanimously.
The Development Assessment Sub-Committee recommended the following:
ITEM 9.8
DEVELOPMENT APPLICATION: 767-779 BOTANY ROAD ROSEBERY (D/2014/505)
The Development Assessment Sub-Committee decided that consideration of this matter be deferred to the meeting of Council on 25 August 2014.
At the meeting of Council, it was moved by Councillor Mant, seconded by Councillor Kok –
It is resolved that consent be granted to Development Application No. D/2014/505, subject to the conditions as detailed in the subject report.
Foreshadowed Motion. Councillor Kemmis foreshadowed that, should the motion moved by Councillor Mant be lost or withdrawn, she would move an alternative motion as follows:
It is resolved that consent be refused for Development Application No. 2014/505 for the following reasons:
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(1) Trip Generation
The application does not assess the impacts of the high traffic generating use on the surrounding road network, as it relies on the 2002 Roads and Maritime Services trip generation rates for speciality retail assessed in the base approved consent (D/2013/1174), rather than updated surveys of the area or other Dan Murphy’s stores. This is contrary to Section 79C(1)(b) of the Environmental Planning and Assessment Act and 7.4(i) of Schedule 7 of the Sydney Development Control Plan 2012.
The impacts of the proposal on the amenity of the surrounding area have not been addressed, as insufficient information has been provided with the application to assess the trip generation and traffic impact. This is contrary to Section 79C(1)(b) of the Environmental Planning and Assessment Act and clause 1.2(2)(h) of the Sydney Local Environmental Plan 2012.
In particular:
(a) The base approved consent (D/2013/1174) applied to a trip generation rate of 4.6 trips per 100sqm of gross leasable floor area.
(b) Recent case law in IPM Pty Ltd v Mosman Municipal Council [2014] NSWLEC 1141 for a similar sized Dan Murphy’s store and road network applied 21.7 and 15.1 trips per 100sqm in the Friday and Saturday PM periods respectively. These trip generation rates were derived from a survey of Dan Murphy’s stores in Alexandria, Manly Vale and Wentworthville.
(2) Social Impact
The application will have an unacceptable social impact on the surrounding communities of Rosebery and Alexandria, contrary to the objects of the Environmental Planning and Assessment Act and the aims and objectives of the Sydney Local Environmental Plan 2012. The location of a bulk discount alcohol retailer adjacent to a community where the level of alcohol-related harm is already high, and attributed by the NSW Police to the existing concentration of liquor outlets, may exacerbate the social problems in the area.
(3) The Public Interest
As a matter for consideration pursuant to clause 79C(1)(e) of the Environmental Planning and Assessment Act, the proposal is not in the public interest and is inconsistent with the objects of the Act to encourage proper development for the purpose of promoting a better environment.
The motion moved by Councillor Mant was lost on the following show of hands –
Ayes (4) Councillors Forster, Kok, Mandla and Mant
Noes (5) The Lord Mayor, Councillors Doutney, Green, Kemmis and Vithoulkas.
Motion lost.
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Councillor Kemmis then moved her foreshadowed motion, seconded by Councillor Doutney.
The motion moved by Councillor Kemmis was carried on the following show of hands –
Ayes (5) The Lord Mayor, Councillors Doutney, Green, Kemmis and Vithoulkas
Noes (4) Councillors Forster, Kok, Mandla and Mant.
Motion carried.
Speakers
Ms Yvonne Walsh, Ms Janet Dyne, Ms Yenda Clifton, Mr Wayne Moody, Mr Aaron Sutherland and Mr Tony Schwartz addressed the meeting of the Planning and Development Committee (Development Assessment Sub-Committee) on Item 9.8.
ITEM 9.9
DEVELOPMENT APPLICATION: 50-54 COWPER STREET GLEBE (D/2014/182)
It is resolved that:
(A) pursuant to the provisions of Clause 4.6 of Sydney Local Environmental Plan 2012, the variation sought to Clause 4.3 Height of Buildings of the Sydney Local Environmental Plan 2012 be supported in this instance; and
(B) consent be granted to Development Application No. D/2014/182, subject to the following conditions:
SCHEDULE 1A
Approved Development/Design Modifications/Covenants and Contributions/Use and Operation
Note: Some conditions in Schedule 1A are to be satisfied prior to issue of a Construction Certificate and some are to be satisfied prior to issue of Occupation Certificate, where indicated.
(1) APPROVED DEVELOPMENT
(a) Development must be in accordance with Development Application No. D/2014/182 dated 14 February 2014 and the following drawings:
Drawing Number Architect Date
DA002-A Andrew Burns Architect 02/07/14 Plans – Basement/Ground DA003-B Andrew Burns Architect 02/07/14 Plans- Level 1/ Level 2 DA004- B Andrew Burns Architect 02/07/14 Roof Pan
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Drawing Number Architect Date
DA005-B Andrew Burns Architect 02/07/14 Elevations DA006-B Andrew Burns Architect 02/07/14 Sections DA010-B Andrew Burns Architect 02/07/14 Area Calculations
and as amended by the conditions of this consent.
(b) In the event of any inconsistency between the approved plans and supplementary documentation, the plans will prevail.
(2) DESIGN MODIFICATIONS
(a) The eastern boundary wall in the rear yards of units 1, 2 and 3 and adjacent to 21 Queen Street is to be increased by approximately 0.8 metres in height to prevent overlooking onto the neighbouring rooftop courtyard.
(b) The eastern facing edge of the planter boxes/roof gardens on the upper level roof top terraces are to include privacy screens. The screens are to be a minimum of 1.5 metres above finished floor level.
(c) Privacy screen are also required to be constructed between each roof terrace. The privacy screens are to be a minimum of 1.5 metres in height above finished floor level. The screens are to be constructed along the boundary of each terrace and run the full trafficable length of each terrace (i.e. excluding the roof garden).
(d) Details of the above are to be submitted to Council for the satisfaction of the Director City Planning, Development and Transport prior to the issue of a Construction Certificate.
(3) MATERIALS AND FINISHES
(a) The materials and finishes must be in accordance with Drawing 1131- DA013- Materials and Finishes prepared by Andrew Burns Architect and dated 06/01/14.
(b) Element 3 Coloured Masonry Concrete is to be ‘Dulux Morocco’, consistent with the revised lighter element submitted by Andrew Burns architect and received by Council 30 May 2014.
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(4) SECTION 94 WESTERN PRECINCT CITY OF SYDNEY DEVELOPMENT CONTRIBUTIONS PLAN 2006
As a consequence of this development, Council has identified an additional demand for public amenities and facilities. Pursuant to Section 94 of the Environmental Planning and Assessment Act, 1979 (as amended), and City of Sydney Section 94 Contributions Development Contributions Plan 2006 the following monetary contributions towards the cost of providing facilities and amenities are required.
Contribution Category Amount
Community Facilities $5,239.30
Public Domain $10,101.90
New Open Space $82,933.19
Accessibility $829.13
Management $896.48
Total $100,000.00
The above payments will be adjusted according to the relative change in the Consumer Price Index using the following formula.
Contributions at Time of Payment = C x CPI2 / CPI1
where:
C is the original contribution amount as shown above;
CPI2 is the Consumer Price Index: All Groups Index for Sydney available from the Australian Bureau of statistics at the time of payment; and
CPI1 is the Consumer Price Index: All Groups Index for Sydney available from the Australian Bureau of Statistics at the date of calculation being – March 2014.
The contribution must be paid prior to issue of a Construction Certificate. Payment may be by EFTPOS (debit card only), CASH or a BANK CHEQUE made payable to the City of Sydney. Personal or company cheques will not be accepted.
Please contact Council’s Planning Administration staff at [email protected] to confirm the amount payable, prior to payment.
Copies of the City of Sydney Section 94 Development Contributions Plan 2006 may be inspected at Council’s offices.
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(5) NOISE - GENERAL
(a) The emission of noise associated with the use of the premises including the operation of any mechanical plant and equipment shall comply with the following:
(i) The LAeq, 15 minute noise level emitted from the use must not exceed the project specific noise level for that receiver as determined in accordance with the NSW Industrial Noise Policy. Noise must be measured in accordance with the Industrial Noise Policy and relevant requirements of Australian Standard AS 1055-1997 Acoustics – Description and measurement of environmental noise.
(ii) Project specific noise levels shall be determined by establishing the existing environmental noise levels, in complete accordance with the assessment LA90, 15 minute / rating LA90, 15 minute process to be in accordance with the requirements for noise monitoring listed in the NSW Industrial Noise Policy and relevant requirements of Australian Standard AS1055-1997 Standard AS 1055-1997 Acoustics – Description and measurement of environmental noise.
(iii) Modifying factors in Table 4.1 of the NSW Industrial Noise Policy are applicable.
(b) An LAeq,15 minute noise level emitted from the use must not exceed the LA90, 15 minute noise level by more than 3dB in any Octave Band Centre Frequency (31.5 Hz to 8 kHz inclusive) when assessed inside any habitable room of any affected residence or commercial premises provided that:
(i) Where the LA90, 15 minute noise level is below the threshold of hearing, Tf at any Octave Band Centre Frequency as defined in Table 1 of International Standard ISO 226 : 2003- Normal Equal- Loudness-Level Contours then the value of Tf corresponding to that Octave Band Centre Frequency shall be used instead.
(ii) The LAeq,15 minute noise level and the LA90,15 minute noise level shall both be measured with all external doors and windows of the affected residence closed.
(iii) The relevant background noise level (LA90, 15 minute) is taken to mean the day, evening or night rating background noise level determined in complete accordance with the methodology outlined in the NSW Industrial Noise Policy and Australian Standard AS1055.1997 Acoustics – Description and measurement of environmental noise.
(iv) Background noise shall be established in the absence of all noise emitted from the use but with the ventilation equipment normally servicing the affected residence operating. Background noise measurements are to be representative of the environmental noise levels at the affected location.
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(v) Modifying factors in Table 4.1 of the NSW Industrial Noise Policy are applicable. Internal Noise measurements are not to be corrected for duration.
(6) AIR CONDITIONERS IN CLASS 1 RESIDENTIAL BUILDINGS
For Class 1 residential buildings as defined by the National Construction Code, The air conditioner/s must comply with the requirements of Protection of the Environment Operations (Noise Control) Regulation 2008 and shall not:
(a) Emit noise that is audible within a habitable room in any other residential property (regardless of whether any door or window to that room is open):
(i) before 8.00am and after 10.00pm on any Saturday, Sunday or public holiday; or
(ii) before 7.00am and after 10.00pm on any other day; or
(b) Emit a sound pressure level that when measured at the boundary of any other residential property, at a time other than those specified in (i) and (ii) above, which exceeds the background (LA90, 15 minute) by more than 5dB(A). The source and background noise level must be measured as an LAeq 15 minute and LA90 15 minute in accordance with Australian Standard AS1055:1997, Acoustics – Description and measurement of environmental noise.
(7) LIGHTING IN VEHICLE ENTRANCE
(a) Suitable lighting is required at the Cowper Street vehicle entrance at night time.
(b) Details of the above are to be submitted to Council for the satisfaction of the Director City Planning, Development and Transport prior to the issue of a Construction Certificate.
(8) LAND SUBDIVISION – SEPARATE DA REQUIRED
Any proposal for land subdivision will require a separate application to Council to obtain development consent and the subsequent approval of the plan of subdivision and issue of a Subdivision Certificate under Section 109J of the Environmental Planning and Assessment Act 1979.
(9) STRATA SUBDIVISION – DEVELOPMENT CONSENT
Any proposal for strata subdivision will require development consent and therefore the lodgement of a separate development application or complying development application and subsequent approval from Council, or an accredited certifier, of the Strata Plan – and issue of a Strata Certificate, under the Strata Schemes (Freehold Development) Act 1973.
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(10) COMPLIANCE WITH ARBORIST’S REPORT
(a) All recommendations contained in the Arborist’s Report prepared by Naturally Trees dated 12 December 2013 must be implemented during the demolition, construction and use of the development, including the following:
(i) Section 4 – Arboricultural Method Statement
(ii) Appendix 4 – Tree protection fencing
(iii) Appendix 5 – Root zone and trunk protection
(iv) Appendix 6 – General guidance for working in Tree Protection Zone
(v) Appendix 7 – Schedule of works and responsibilities
(vi) Appendix 8 - Tree Protection Plan
(11) SITE SUPERVISION AND REPORTING
(a) An Arborist with minimum qualifications in Arboriculture of Level 5 (under the Australian Qualification Framework) must oversee various stages of work within the Tree Protection Zone in accordance with Australian Standard AS4970 Protection of Trees on Development Sites. The Arborist must certify compliance with each key milestone detailed below to the Director City Planning, Development and Transport:
(i) The installation of tree protection measures prior to the issuing of a Construction Certificate;
(ii) During demolition of (insert specific details of structures to be demolished within close proximity to TPZ/s);
(iii) During excavation and construction of (insert details if applicable);
(iv) During any Landscape works within xx metres of the trees trunk.
(b) A fortnightly/monthly/quarterly compliance report shall be submitted to the Director City Planning, Development and Transport which provides details on the health and structure of tree to be retained and protected and must include:
(i) Certification of compliance with each key milestone;
(ii) Details of any other works undertaken on any tree to be retained or within TPZ/s;
(iii) Documentary evidence of compliance with tree protection and measures (including photographs and site notes);
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(iv) Ensure that the soil moisture is appropriate and the irrigation system is functioning in accordance with the Arborist’s specifications.
(12) ADVANCE TREE PLANTING
Tree planting within the property must be undertaken in accordance with the following conditions, and to Council's satisfaction, prior to the issuing of the Occupancy Certificate.
(a) Five trees are to be planted at the completion of all construction works
(b) The tree species, when mature, must attain a minimum height of no less than six (6) metres. Fruit trees and species recognised to have a short life span are not considered a suitable replacement.
(c) The tree must be grown to NATSPEC Guidelines for Specifying Trees to ensure quality trees and more successful establishment.
(d) At the time of planting, the container size is to be a minimum of 75 litres and a minimum height of 1.5 metres.
(e) The tree must be allowed to develop a natural form.
(f) The tree must be planted by a qualified Horticulturalist or Arborist with a minimum AQF Level 2.
(g) The replacement planting/s must be planted in such a manner as to promote good health during the establishment period, and must be maintained, as far as practicable to ensure tree growth into maturity.
(h) Any newly planted tree that fails to establish within 2 years of the initial planting date must be replaced with a tree of comparable qualities.
(i) Upon receipt and acceptance that all replacement tree planting/s have been completed to Council’s satisfaction, an occupancy certificate will be issued.
(13) TREES APPROVED FOR REMOVAL
All trees detailed in Table 1 below are approved for removal.
Table 1 – Tree Removal:
That the following trees be removed during the development works on the subject site.
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Tree No: Botanical Name Dimension (metres) 1 Strelitzia reginae 5 x 3 2 Celtis sinensis 16 x 16 3, 4, 5, 6 Hymenosporum flavum Various 8, 9, 14 Gleditsia triacanthos Various 10 Grevillea robusta 12 x 4 11, 12, 15 Olea europea var Africana Various 16 Viburnum tinus 3 x 2 17 Murraya paniculata 2 x 2
(14) TREES THAT MUST BE RETAINED
That the existing trees detailed in Table 2 below be retained and protected throughout the proposed development.
Table 2 – Tree Retention:
Approval is NOT granted for the removal of the following trees, which Council has determined to be prominent landscape elements.
Tree No: Botanical Dimension Tree Protection Name (metres) Zone 13 Ficus 16 x 14 6 metres microcarpa var. hillii
(15) POTENTIAL RELOCATION OF WILDLIFE
Prior to the issue of a Construction Certificate, it is recommended that:
(a) Assessment of the habitat value of the trees onsite is required to determine if nesting possums are present. A brief report is to be prepared by a qualified and appropriately experienced ecologist to confirm presence or absence of nesting possums.
(b) Upon confirmation that the tree does provide nesting habitat for native fauna species such as possums and that the trees removal could put those protected native species at risk of harm, a licensed specialist contractor should be engaged to install a nest box within 50m of the tree and relocate the possums to that box prior to the tree being removed.
(16) ARCHAEOLOGICAL ASSESSMENT
An archaeological assessment undertaken by a suitably qualified archaeologist must be must be submitted to and approved by Council’s Heritage Specialist prior to the issue of a Construction Certificate. The report must assess whether the proposed works have the potential to disturb any archaeological remains and the need for any archaeological investigation prior to commencement of any works on site. The report should also recommend measures and documentation to be undertaken during the process of demolition and excavation work.
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Recommendations by the archaeological assessment are to be implemented during the process of demolition and excavation work.
Should the assessment report suggest the site may contain relics and the proposed work may disturb them, council may request the applicant to amend the proposal so that the relics are properly protected or interpreted.
(17) ASSOCIATED ROADWAY COSTS
All costs associated with the construction of any new road works including kerb and gutter, road pavement, drainage system and footway shall be borne by the developer. The new road works must be designed and constructed in accordance with the City’s “Development Specification for Civil Works Design and Construction”.
(18) BICYCLE PARKING AND END OF TRIP FACILITIES
(a) The minimum number of bicycle parking spaces and end of trip facilities to be provided for the development must comply with the table below.
Bicycle Parking Type Number Requirements Residential 5 Spaces must be a class 1
5 Bicycle lockers class 1
Residential visitor 3 Spaces must be Class 3 bicycle rails
Notes:
(i) If a basement storage area on title that is large enough to store a bike and is no smaller than a class 1 bike locker this can be counted as a space.
(b) The layout, design and security of bicycle facilities must comply with the minimum requirements of Australian Standard AS 2890.3 Parking Facilities Part 3: Bicycle Parking Facilities. The details must be submitted to and approved by the Principle Certifying Authority confirming prior to the Construction Certificate being issued.
(19) PARKING ON COMMON PROPERTY AREAS
No part of the common property, apart from the visitor vehicle spaces which are to be used only by visitors to the building, and service vehicle spaces which are to be used only by service vehicles, is to be used for the parking or storage of vehicles or boats. The strata subdivision of the building is to include an appropriate documentary restriction pursuant to Section 88B of the Conveyancing Act 1919, so burdening common property, with the Council being the authority to release, vary or modify the restriction.
(20) SIGNS AT EGRESS
The following signs must be provided and maintained within the site at the point(s) of vehicle egress:
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(a) Compelling drivers to stop before proceeding onto the public way
(b) Compelling drivers to "Give Way to Pedestrians" before crossing the footway; or compelling drivers to "Give Way to Pedestrians and Bicycles" before crossing a footway on an existing or identified shared path route.
(21) CAR PARKING SPACES AND DIMENSIONS
A maximum of 5 off-street car parking spaces must be provided. The design, layout, signage, line marking, lighting and physical controls of all off-street parking facilities must comply with the minimum requirements of Australian Standard AS/NZS 2890.1 - 2004 Parking facilities Part 1: Off-street car parking and Council’s Development Control Plan. The details must be submitted to and approved by the Principal Certifying Authority prior to a Construction Certificate being issued.
(22) TRAFFIC WORKS
Any proposals for alterations to the public road, involving traffic and parking arrangements, must be designed in accordance with RMS Technical Directives and must be referred to and agreed to by the Local Pedestrian, Cycling and Traffic Calming Committee prior to any work commencing on site.
(23) VEHICLE FOOTWAY CROSSING
A separate application is to be made to, and approved by, Council for the construction of any proposed vehicle footway crossing or for the removal of any existing crossing and replacement of the footpath formation where any such crossings are no longer required.
All disused or redundant vehicle crossings and laybacks must be removed and footway, kerb, gutter and road restoration reinstated in accordance with Council’s standards, to suit the adjacent finished footway and edge treatment materials, levels and details, or as otherwise directed by Council officers. All construction and replacement works are to be completed in accordance with the approved plans prior to the issue of an Occupation Certificate.
Note: In all cases the construction materials should reinforce the priority of pedestrian movement over that of the crossing vehicle.
(24) CHANGES TO KERB SIDE PARKING RESTRICTIONS
A separate submission must be made to the Local Pedestrian, Cycling and Traffic Calming Committee via the City Infrastructure and Traffic Operations Unit seeking the City’s approval for any changes to kerb side parking arrangements. There is no guarantee kerb side parking will be changed, or that any change will remain in place for the duration of the development use.
The submission must include two plans. One showing the existing kerb side parking restriction signs and stems, the second showing the proposed kerb side parking restriction signs and stems. Both plans must include chainages to all signs and stems from the kerb line of the nearest intersection.
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All costs associated with the parking proposal will be borne by the developer.
Note: As parking in the LGA is at a premium, it is recommended that the applicant should approach the Area Traffic Engineer to discuss the proposal before making a submission.
(25) COST OF SIGNPOSTING
All costs associated with signposting for any kerbside parking restrictions and traffic management measures associated with the development shall be borne by the developer.
(26) ON SITE LOADING AREAS AND OPERATION
All loading and unloading operations associated with servicing the site must be carried out within the confines of the site, at all times and must not obstruct other properties/units or the public way.
At all times the service vehicle docks, car parking spaces and access driveways must be kept clear of goods and must not be used for storage purposes, including garbage storage.
(27) VEHICLE ACCESS
The site must be configured to allow all vehicles to be driven onto and off the site in a forward direction.
(28) LOCATION OF DRIVEWAYS
(a) 10 metres from the kerb line of the nearest cross street/lane.
(b) 20 metres from the kerb line of the nearest signalised cross street/lane.
(c) 1 metre from the property boundary of the adjacent site.
(d) 2 metres from any other driveway.
(e) The details must be submitted to and approved by the Certifying Authority prior to a Construction Certificate being issued.
SCHEDULE 1B
Prior to Construction Certification/Commencement of Work/Health and Building
Note: Prior to the issue of the Construction Certificate, sufficient information must be forwarded to the certifying authority (whether Council or a private accredited certifier) illustrating compliance with the relevant requirements of the Building Code of Australia (and a copy forwarded to Council where Council is not the certifying authority). If Council is to be the certifying authority, please contact the Building Unit to discuss the requirements prior to submission of the application for construction certificate.
(29) COMPLIANCE WITH BUILDING CODE OF AUSTRALIA
The proposed work must comply with the Building Code of Australia (BCA).
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(30) DILAPIDATION REPORT – MINOR
Subject to the receipt of permission of the affected landowner, dilapidation report/s of adjoining buildings are to be prepared by an appropriately qualified practising structural engineer and submitted for the approval of the Principal Certifying Authority:
(a) prior to the commencement of demolition/excavation works; and
(b) on completion of construction demolition/excavation works.
(31) DEMOLITION, EXCAVATION AND CONSTRUCTION NOISE AND VIBRATION MANAGEMENT PLAN
A site specific noise management plan shall be submitted to the Council for comment and approval prior to issue of any Construction Certificate.
The Plan must be prepared by a suitably qualified person who possesses the qualifications to render them eligible for membership of the Australian Acoustic Society, Institution of Engineers Australia or the Australian Association of Acoustic Consultants.
The plan must include but not be limited to the following:-
(a) identification of noise sensitive receivers near to the site.
(b) A prediction as to the level of noise impact likely to affect the nearest noise sensitive receivers from the use and proposed number of high noise intrusive appliances intended to be operated onsite. A statement should also be submitted outlining whether or not predicted noise levels will comply with the noise criteria stated within the City of Sydney Construction Hours /Noise Code of Practice 1992 for the typical construction hours of 07.00am to 7.00pm. Where resultant site noise levels are likely to be in exceedance of this noise criteria then a suitable proposal must be given as to the duration and frequency of respite periods that will be afforded to the occupiers of neighbouring property.
(c) A representative background noise measurement (LA90, 15 minute) should be submitted, assessed in the vicinity of any potentially affected receiver locations and measured in accordance with AS 1055:1.2.1997.
(d) Confirmation of the level of community consultation that has/is and will be undertaken with Building Managers/ occupiers of the main adjoining noise sensitive properties likely to be most affected by site works and the operation of plant/machinery particularly during the demolition and excavation phases.
(e) Confirmation of noise monitoring methodology that is to be undertaken during the main stages of work at neighbouring noise sensitive properties in order to keep complaints to a minimum and to ensure that noise from site works complies with the noise criteria contained within City's Construction Noise Code.
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(f) What course of action will be undertaken following receipt of a complaint concerning offensive noise.
(g) Details of any noise mitigation measures that have been outlined by an acoustic consultant or otherwise that will be deployed on site to reduce noise impacts on the occupiers of neighbouring noise sensitive property to a minimum.
(h) What plant and equipment is to be used on site, the level of sound mitigation measures to be undertaken in each case and the criteria adopted in their selection taking into account the likely noise impacts on the occupiers of neighbouring property and other less intrusive technologies available.
(32) COMPLIANCE WITH THE ACOUSTIC REPORT - ACOUSTIC ASSESSMENTS REQUIRED PRIOR TO CONSTRUCTION AND OR OCCUPATION CERTIFICATES
(a) All recommendations contained in the acoustic report prepared by ACOUSTICA dated December 2013 must be implemented during construction and use of the premises.
(b) Beyond this, all windows on ground and first floors facing the southern Queen Street façade are to have improved acoustic laminated glass to reduce potential noise impacts. Details are to be submitted to Council for approval prior to the issue of a Construction Certificate.
(c) The Principal Certifying Authority (PCA) shall obtain a statement from appropriately qualified acoustic consultant who possesses the qualifications to render them eligible for membership of the Australian Acoustic Society, Institution of Engineers Australia or the Australian Association of Acoustic Consultants, certifying that the acoustic mitigation measures outlined in the above stated report have been suitably incorporated into the development and that relevant noise criteria have been satisfied prior to issue of Occupational Certificate.
(d) Where detailed design and specification of acoustic performance requirements cannot be completed during the DA stage acoustic report, a suitably qualified acoustic consultant* is to be engaged prior to the commencement of the construction stage of the project. Prior to the Construction certificate being issued, the proponent’s consultant will finalise acoustic specifications such that the proposed use is capable of complying and operating within the sound transmission and insulation requirements of the National Construction Code and the following requirements of the design criteria identified in the acoustic report:
(33) ACOUSTIC DESIGN
(a) The proposed alterations must not affect the existing acoustic integrity of the building in relation to the control of noise emissions from the premises.
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(b) No additional equipment may be installed or changes made to the acoustic design unless certified by a suitably qualified acoustic consultant* that the equipment will not increase noise emissions from building.
Note: Suitably qualified Acoustic Consultant means a consultant who possesses the qualifications to render them eligible for membership of the Australian Acoustics Society, Institution of Engineers Australia or the Association of Australian Acoustic Consultants at the grade of member.
(34) EXCAVATION AND CONSTRUCTION NOISE MANAGEMENT PLAN
(a) A site specific noise management plan shall be submitted to the Council for comment and approval prior to CC.
(b) The Plan must be prepared by a suitably qualified person who possesses the qualifications to render them eligible for membership of the Australian Acoustic Society, Institution of Engineers Australia or the Australian Association of Acoustic Consultants.
(c) The plan must include but not be limited to the following:-
(d) identification of noise sensitive receivers near to the site.
(e) A prediction as to the level of noise impact likely to affect the nearest noise sensitive receivers from the use and proposed number of high noise intrusive appliances intended to be operated onsite. A statement should also be submitted outlining whether or not predicted noise levels will comply with the noise criteria stated within the City of Sydney Construction Hours /Noise Code of Practice 1992 for the typical construction hours of 07.00am to 7.00pm. Where resultant site noise levels are likely to be in exceedance of this noise criteria then a suitable proposal must be given as to the duration and frequency of respite periods that will be afforded to the occupiers of neighbouring property.
(f) A representative background noise measurement (LA90, 15min) should be submitted, assessed in the vicinity of any potentially affected receiver locations and measured in accordance with AS 1055:1.2.1997.
(g) Confirmation of the level of community consultation that has is and will be undertaken with Building Managers/occupiers of the main adjoining noise sensitive properties likely to be most affected by site works and the operation of plant/machinery particularly during the demolition and excavation phases.
(h) Confirmation of noise monitoring methodology that is to be undertaken during the main stages of work at neighbouring noise sensitive properties in order to keep complaints to a minimum and to ensure that noise from site works complies with the noise criteria contained within City's Construction Noise Code.
(i) What course of action will be undertaken following receipt of a complaint concerning offensive noise.
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(j) Details of any noise mitigation measures that have been outlined by an acoustic consultant or otherwise that will be deployed on site to reduce noise impacts on the occupiers of neighbouring noise sensitive property to a minimum.
(k) What plant and equipment is to be used on site, the level of sound mitigation measures to be undertaken in each case and the criteria adopted in their selection taking into account the likely noise impacts on the occupiers of neighbouring property and other less intrusive technologies available.
(35) COMPLIANCE WITH ACOUSTIC REPORT
(a) All recommendations contained in the acoustic report prepared by ACOUSTICA dated December 2013 must be implemented during construction and use of the premises.
(b) Beyond this, all windows on ground and first floors facing the southern Queen Street façade are to have improved acoustic laminated glass to reduce potential noise impacts. Details are to be submitted to Council for approval prior to the issue of a Construction Certificate.
(c) The Principal Certifying Authority (PCA) shall obtain a statement from appropriately qualified acoustic consultant who possesses the qualifications to render them eligible for membership of the Australian Acoustic Society, Institution of Engineers Australia or the Australian Association of Acoustic Consultants, certifying that the acoustic mitigation measures outlined in the above stated report have been suitably incorporated into the development and that relevant noise criteria have been satisfied prior to issue of Occupational Certificate.
(36) ACOUSTIC REPORT PRIOR TO CONSTRUCTION CERTIFICATE
A statement is required to be submitted to the Certifying Authority prior to Occupation Certificate being issued that certifies the development or proposed use is capable of, complying with the design criteria and operating without causing a nuisance.
(37) CONTAMINATION
(a) The exportation of waste (including fill or soil) from the site must be in accordance with the provisions of the Protection of the Environment Operations Act 1997 and the NSW DECC Waste Classification Guidelines, Part1: Classifying Waste (July 2009)'.
(b) Any new information which comes to light during remediation, demolition or construction works which has the potential to alter previous conclusions about site contamination must be immediately notified to the Council and the Principal Certifying Authority.
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(38) LAND REMEDIATION (Where Site Auditor engaged)
(a) The site is to be remediated and validated in accordance with the Remediation Action plan prepared by Douglas Partners dated April 2014 and Letter of Interim Advice prepared by Julie Evans ENVIRON Australia Pty Ltd EPA Accredited Site Auditor Ref AS121718 dated 12 May 2014. All remediation work carried out shall be conducted in accordance with the guidelines in force under the Contaminated Land Management Act 1997.
(b) Any new information which comes to light during remediation, demolition or construction works which has the potential to alter previous conclusions about site contamination must be immediately notified to the Council and the Principal Certifying Authority.
(c) Any variations to the approved Remediation Action Plan shall be approved in writing by the Accredited Site Auditor and Council prior to the commencement of such work.
(39) SITE AUDIT STATEMENT
Prior to the execution of works associated with the built form of the development (excluding building work directly related to remediation) a Site Audit Statement (SAS) is to be obtained from a NSW EPA Accredited Site Auditor is to be submitted to the Area Planning Manager. The SAS must confirm that the site has been remediated in accordance with the approved Remediation Action Plan and clearly state that site is suitable for the proposed use. Conditions on the Site Audit Statement shall form part of the consent.
(a) Where the SAS is subject to conditions that require ongoing review by the Auditor or Council these should be reviewed and approved by Council before the SAS is issued. In circumstances where the SAS conditions (if applicable) are not consistent with the consent, a S96 application pursuant to the Environmental Planning & Assessment Act 1979 shall be submitted to ensure that they form part of the consent conditions.
(b) An Occupation Certificate must not be issued by the PCA unless a Site Audit Statement has been submitted to the City in accordance with this condition.
(40) WASTE AND RECYCLING MANAGEMENT – RESIDENTIAL
(a) A Waste Management Plan is to be submitted to and approved by Council’s Area Planning Manager prior to a Construction Certificate being issued. The plan must comply with the Council's Policy for Waste Minimisation in New Developments 2005. All requirements of the approved Waste Management Plan must be implemented during construction of the development.
(b) The building must incorporate designated areas or separate garbage rooms constructed in accordance with Council’s Policy for Waste Minimisation in New Developments 2005, to facilitate the separation of commercial waste and recycling from residential waste and recycling.
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UPON COMPLETION OF THE DEVELOPMENT
(c) Prior to an Occupation Certificate being issued or the use commencing, whichever is earlier, the Principal Certifying Authority must obtain Council’s approval of the waste and recycling management facilities provided in the development and ensure arrangements are in place for domestic waste collection by Council.
(41) WASTE AND RECYCLING COLLECTION
(a) Clearance height for access by collection vehicle must be no less than 3.6 metres at any point if vehicle to enter site to service bins;
(b) The maximum travel distance between the storage point and collection point for all waste and recycling receptacles shall be no more than 10 meters;
(c) Unimpeded access shall be provided for collection vehicles between 6am and 6pm on collection days;
(d) Waste and recycling containers will not be supplied until construction in developments is completed unless otherwise organised with waste services;
(e) If there is commercial tenancies in this development they are not to use the residential waste and recycling service;
(f) Waste and recycling receptacles to be stored on property at all times with council access key for servicing if required;
(g) Each unit owner to be responsible for the bins to be presented and kept off the street on non-collection days; and
(h) 120lt bins to be used for recycling as crates no longer in service.
(42) CLASSIFICATION OF WASTE
Prior to the exportation of waste (including fill or soil) from the site, the waste materials must be classified in accordance with the provisions of the Protection of the Environment Operations Act 1997 and the NSW DECC Waste Classification Guidelines, Part1: Classifying Waste (July 2009). The classification of the material is essential to determine where the waste may be legally taken. The Protection of the Environment Operations Act 1997 provides for the commission of an offence for both the waste owner and the transporters if the waste is taken to a place that cannot lawfully be used as a waste facility for the particular class of waste. For the transport and disposal of industrial, hazardous or Group A liquid waste advice should be sought from the EPA.
(43) WASTE AND RECYCLING MANAGEMENT - MINOR
The proposal must comply with the relevant provisions of Council's Policy for Waste Minimisation in New Developments 2005 which requires facilities to minimise and manage waste and recycling generated by the proposal.
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(44) MECHANICAL VENTILATION
(a) The premises must be ventilated in accordance with the Building Code of Australia and AS1668.1 and AS1668.2.
(b) Details of any mechanical ventilation and/or air conditioning system complying with AS1668.1 and AS1668.2, the Building Code of Australia and relevant Australian Standards must be prepared by a suitably qualified person certified and certified in accordance with Clause A2.2(a)(iii) of the Building Code of Australia, to the satisfaction of the Certifying Authority prior to the issue of a Construction Certificate.
(c) Prior to issue of an Occupation Certificate and following the completion, installation, and testing of all the mechanical ventilation systems, a Mechanical Ventilation Certificate of Completion and Performance in accordance with Clause A2.2(a)(iii) of the Building Code of Australia, must be submitted to the Principal Certifying Authority..
(45) ASSOCIATED ROADWAY COSTS
All costs associated with the construction of any new road works including kerb and gutter, road pavement, drainage system and footway shall be borne by the developer. The new road works must be designed and constructed in accordance with the City’s “Development Specification for Civil Works Design and Construction”.
(46) ALIGNMENT LEVELS – MAJOR DEVELOPMENT
(a) Proposed building floor levels, basement levels, basement car park entry levels and ground levels shown on the approved Development Application plans are indicative only and have not been approved by this consent.
(b) Prior to a Construction Certificate being issued for any excavation, civil construction, drainage or building work (whichever is earlier), excluding approved preparatory or demolition work, alignment levels for the building and site frontages must be submitted to and approved by Council. The submission must be prepared by a Registered Surveyor, must be in accordance with the City of Sydney's Public Domain Manual and must be submitted with a completed Alignment Levels checklist (available in the Public Domain Manual) and Footpath Levels and Gradients Approval Application form (available on the City’s website).
(c) These alignment levels, as approved by Council, are to be incorporated into the plans submitted with the application for a Construction Certificate for any civil, drainage and public domain work as applicable under this consent. If the proposed detailed design of the public domain requires changes to any previously approved Alignment Levels, then an amended Alignment Levels submission must be submitted to and approved by Council to reflect these changes prior to a Construction Certificate being issued for public domain work.
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(47) FOOTPATH DAMAGE BANK GUARANTEE
A Footpath Damage Bank Guarantee calculated on the basis of 58 lineal metres of the asphalt footway on Cowper Street and Queen Street site frontages must be lodged with Council in accordance with the City of Sydney’s adopted Schedule of Fees and Charges. The Footpath Damage Bank Guarantee must be submitted as an unconditional bank guarantee in favour of Council as security for repairing any damage to the public domain in the vicinity of the site.
The guarantee must be lodged with Council prior to issue of a Construction Certificate.
The Bank Guarantee will be retained in full until the final Occupation Certificate has been issued and any rectification works to the footway and Public Domain are completed to Council’s satisfaction. On satisfying the above requirements 90% of the total securities will be released, with the remaining 10% to be retained for the duration of the 12 months Defect Liability Period.
(48) PUBLIC DOMAIN PLAN
(a) A detailed Public Domain Plan must be prepared by a suitably qualified architect, urban designer, landscape architect or engineer and must be lodged with Council’s Public Domain Section and be approved by Council prior to a Construction Certificate being issued for public domain work or above ground building work, whichever is later. The Public Domain Plan must be submitted with a completed Public Domain Plan checklist (available in the City of Sydney’s Public Domain Manual).
(b) The Public Domain Plan must document all works required to ensure that the public domain complies with the City of Sydney’s Public Domain Manual, Sydney Streets Design Code and Sydney Streets Technical Specification, including requirements for road pavement, traffic measures, footway pavement, kerb and gutter, drainage, vehicle crossovers, pedestrian ramps, lighting, street trees and landscaping, signage and other public domain elements. If an Alignment Levels condition applies to the development, the Public Domain Plan submission must incorporate the approved Alignment Levels. If the proposed detailed design of the public domain requires changes to any previously approved Alignment Levels, then an amended Alignment Levels submission must be submitted to and approved by Council to reflect these changes prior to a Construction Certificate being issued for public domain work.
(c) The works to the public domain are to be completed in accordance with the approved Public Domain Plan and Alignment Levels plans and the Public Domain Manual before any Occupation Certificate is issued in respect of the development or before the use commences, whichever is earlier.
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(d) A Public Domain Works Deposit will be required for the public domain works, in accordance with the City of Sydney’s adopted fees and charges and the Public Domain Manual. The Public Domain Works Deposit must be submitted as an unconditional bank guarantee in favour of Council as security for completion of the obligations under this consent.
(e) Council's Public Domain section must be contacted to determine the guarantee amount prior to lodgement of the guarantee. The guarantee must be lodged with Council prior to a Construction Certificate being issued.
(f) The Bank Guarantee will be retained in full until all Public Domain works are completed and the required certifications, warranties and works-as-executed documentation are submitted and approved by Council in writing. On satisfying the above requirements, 90% of the total securities will be released. The remaining 10% will be retained for the duration of the specified Defects Liability Period.
(49) PUBLIC DOMAIN WORKS - HOLD POINTS AND HANDOVER
(a) Prior to a Construction Certificate being issued for public domain work, including civil, drainage and subsurface works, , a set of hold points for approved public domain, civil and drainage work is to be determined with and approved by the City's Public Domain section in accordance with the City of Sydney's Public Domain Manual and Sydney Streets Technical Specification.
(b) Prior to a Certificate of Completion being issued for public domain works and before the issue of any Occupation Certificate for the development or before the use commences, whichever is earlier, electronic works-as-executed (as-built) plans and documentation, certified by a suitably qualified, independent professional must be submitted to and accepted by Council for all public domain works. Completion and handover of the constructed public domain works must be undertaken in accordance with the City of Sydney's Public Domain Manual and Sydney Streets Technical Specification, including requirements for as-built documentation, certification, warranties and the defects liability period.
(50) PHOTOGRAPHIC RECORD / DILAPIDATION REPORT - PUBLIC DOMAIN
Prior to an approval for demolition being granted or a Construction Certificate being issued, whichever is earlier, a photographic recording of the public domain site frontages is to be prepared and submitted to Council's satisfaction.
The recording must include clear images of the building facade adjoining the footpath, the footpath, nature strip, kerb and gutter, driveway crossovers and laybacks, kerb ramps, road carriageway, street trees and plantings, parking restriction and traffic signs, and all other existing infrastructure along the street.
The form of the recording is to be as follows:-
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(a) A PDF format report containing all images at a scale that clearly demonstrates the existing site conditions;
(b) Each image is to be labelled to identify the elements depicted, the direction that the image is viewed towards, and include the name of the relevant street frontage;
(c) Each image is to be numbered and cross referenced to a site location plan;
(d) A summary report, prepared by a suitable qualified professional, must be submitted in conjunction with the images detailing the project description, identifying any apparent existing defects, detailing the date and authorship of the photographic record, the method of documentation and limitations of the photographic record;
(e) Include written confirmation, issued with the authority of both the applicant and the photographer that the City of Sydney is granted a perpetual non-exclusive license to make use of the copyright in all images supplied, including the right to make copies available to third parties as though they were Council images. The signatures of both the applicant and the photographer must be included.
Any damage to the public way including trees, footpaths, kerbs, gutters, road carriageway and the like must immediately be made safe and functional by the applicant. Damage must be fully rectified by the applicant in accordance with the City’s standards prior to a Certificate of Completion being issued for Public Domain Works or before an Occupation Certificate is issued for the development, whichever is earlier.
(51) STORMWATER AND DRAINAGE - MINOR DEVELOPMENT
The drainage system is to be constructed in accordance with Council's standard requirements as detailed in Council's 'Stormwater Drainage Connection Information' document dated July 2006. This information is available on Council's website - www.cityofsydney.nsw.gov.au.
The development is to be designed so that the flow of pollutants from the site due to stormwater is reduced.
Prior to the issue of any Occupation Certificate, a Positive Covenant must be registered on the title for all drainage systems involving On-site Detention (OSD) to ensure maintenance of the approved OSD system regardless of the method of connection.
(52) PRESERVATION OF SURVEY MARKS
All works in City streets must ensure the preservation of existing permanent survey marks (a brass bolt, or a lead plug holding a brass tack, covered by a cast iron box). At least forty-eight hours prior to the commencement of any works in the public way within 1 metre of a permanent survey mark contact must be made with the City's Project Manager Survey / Design Services to arrange for the recovery of the mark.
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Prior to the issue of a Construction Certificate, a survey plan, clearly showing the location of all permanent survey marks fronting the site and within 5 metres on each side of the frontages must be submitted to Council.
At least forty-eight hours prior to the commencement of any works in the public way within 1 metre of a permanent survey mark contact must be made with the City’s Senior Surveyor to arrange for the recovery of the mark.
A fee must be paid to the Council for the replacement of any permanent survey mark removed or damaged in accordance with the City's Schedule of Fees and Charges (Reinstatement of Survey Box).
(53) PROTECTION OF STONE KERBS
(a) The existing stone kerbs on the Queen Street and Cowper Street frontages of the site are to be retained and properly protected during excavation and construction works.
(b) To avoid damage to stone kerbs during construction and / or excavation works for the development, temporary removal and storage of the stone kerbs may be approved by Council. Removed, serviceable stone kerbs (ie, those that are in good condition as agreed by City officers) must be re-installed in accordance with the City’s standard details and specifications after the construction and / or excavation works have been completed. Note: A temporary concrete kerb will need to be constructed to retain the footpath and road access until the stone kerbs can be reinstalled. The removed stone kerbs are to be reinstalled prior to the issue of an Occupation Certificate. Note: all costs associated with the works are to be at no cost to the Council.
(c) Damaged kerbs are to be replaced to match existing to the City’s satisfaction or as otherwise advised by City officers.
(d) Where new crossings or temporary crossings are to be constructed to access the property, the affected kerb stones should be salvaged and reused wherever possible.
(e) All new driveway laybacks and kerbs are to be constructed with stone kerbs to match existing stones or as specified by City officers. All unused stone kerbs are to be salvaged and returned to the City’s store.
(f) Council approval is required before kerbs are removed.
(54) CONSTRUCTION TRAFFIC MANAGEMENT PLAN
A Construction Traffic Management Plan must be submitted to and approved by Council prior to a Construction Certificate being issued.
(55) APPLICATION FOR HOARDINGS AND SCAFFOLDING ON A PUBLIC PLACE
(a) A separate application under Section 138 of the Roads Act 1993 is to be made to Council to erect a hoarding and/or scaffolding (temporary structures) in a public place.
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(b) Where a consent is granted allowing the placement of temporary structures in a public place the structures must comply fully with Council’s Policy for the Design of Construction Hoardings and the conditions of any consent granted including:
(i) maintaining a current and valid consent for the full duration that the temporary structures are installed in the public place (Section 139, Roads Act 1993);
(ii) bill posters and graffiti being removed within 24 hours of their placement (Clause 3.1);
(iii) maintaining temporary structures in a clean and tidy condition including repainting where directed by an authorised officer of Council (Clause 3.1);
(iv) hoarding site fences complying with Clause 3.3 - Element 3;
(v) site sheds on decks of Type B hoardings being fully screened from the public place (Clause 3.3 - Element 5); and
(vi) providing and maintaining operational artificial lighting systems under Type B hoardings (Clause 3.3 – Element 9).
(56) TELECOMMUNICATIONS PROVISIONS
(a) Appropriate space and access for ducting and cabling is to be provided within the plant area and to each apartment within the building within for a minimum of three telecommunication carriers or other providers of broad-band access by ground or satellite delivery. The details must be submitted for the approval of the Certifying Authority prior to a Construction Certificate being issued.
(b) A separate DA must be submitted prior to the installation of any external telecommunication apparatus, or the like.
(57) UTILITY SERVICES
To ensure that utility authorities are advised of the development:
(a) Prior to the issue of a Construction Certificate a survey is to be carried out of all utility services within and adjacent to the site including relevant information from utility authorities and excavation if necessary, to determine the position and level of services.
(b) Prior to the commencement of work the applicant is to obtain written approval from the utility authorities (e.g. Energy Australia, Sydney Water, and Telecommunications Carriers) in connection with the relocation and/or adjustment of the services affected by the construction of the underground structure. Any costs in the relocation, adjustment or support of services are to be the responsibility of the developer.
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SCHEDULE 1C
During Construction/Prior to Occupation/Completion
(58) OCCUPATION CERTIFICATE TO BE SUBMITTED
An Occupation Certificate must be obtained from the Principal Certifying Authority and a copy submitted to Council prior to commencement of occupation or use of the whole or any part of a new building, an altered portion of, or an extension to an existing building.
(59) USE OF HIGH NOISE EMISSION APPLIANCES / PLANT
(a) The operation of high noise emission appliances, plant and/or machinery such as pile – drivers, rock breakers and hydraulic hammers and those which are not listed in Groups B, C, D, E or F of Schedule 1 of the City of Sydney Code of Practice for Construction Hours/Noise 1992 and Australian Standard 2436-2010 Guide to Noise Control on Construction, Maintenance and Demolition Sites is restricted to the hours of (EHO to specify hours)
(b) All reasonable and feasible steps must be undertaken to ensure that the work, including demolition, excavation and building complies with the City of Sydney Code of Practice for Construction Hours/Noise 1992 and Australian Standard 2436- 2010 Guide to Noise Control on Construction, Maintenance and Demolition Sites.
(60) ENCROACHMENTS – PUBLIC WAY
No portion of the proposed structure, including gates and doors during opening and closing operations, shall encroach upon Council’s footpath area.
(61) ENCROACHMENTS – NEIGHBOURING PROPERTIES
No portion of the proposed structure shall encroach onto the adjoining properties.
(62) SURVEY
All footings and walls adjacent to a boundary must be set out by a registered surveyor. On commencement of brickwork or wall construction a survey and report must be submitted to the Principal Certifying Authority indicating the position of external walls in relation to the boundaries of the allotment.
(63) SURVEY CERTIFICATE AT COMPLETION
A Survey Certificate prepared by a Registered Surveyor must be submitted at the completion of the building work certifying the location of the building in relation to the boundaries of the allotment.
(64) HOURS OF WORK AND NOISE – OUTSIDE CBD
The hours of construction and work on the development must be as follows:
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(a) All work, including building/demolition and excavation work, and activities in the vicinity of the site generating noise associated with preparation for the commencement of work (eg. loading and unloading of goods, transferring of tools etc) in connection with the proposed development must only be carried out between the hours of 7.30am and 5.30pm on Mondays to Fridays, inclusive, and 7.30am and 3.30pm on Saturdays, with safety inspections being permitted at 7.00am on work days, and no work must be carried out on Sundays or public holidays.
(b) All work, including demolition, excavation and building work must comply with the City of Sydney Code of Practice for Construction Hours/Noise 1992 and Australian Standard 2436 - 1981 Guide to Noise Control on Construction, Maintenance and Demolition Sites.
Note: The City of Sydney Code of Practice for Construction Hours/Noise 1992 allows extended working hours subject to the approval of an application in accordance with the Code and under Section 96 of the Environmental Planning and Assessment Act 1979.
(65) ACCESS DRIVEWAYS TO BE CONSTRUCTED
Approved driveways are to be constructed for all vehicular access to the construction site in accordance with the requirements of Council’s “Driveway Specifications” to the satisfaction of Council.
(66) LOADING AND UNLOADING DURING CONSTRUCTION
The following requirements apply:
(a) All loading and unloading associated with construction activity must be accommodated on site.
(b) If, during excavation, it is not feasible for loading and unloading to take place on site, a Works Zone on the street may be considered by Council.
(c) A Works Zone may be required if loading and unloading is not possible on site. If a Works Zone is warranted an application must be made to Council at least 8 weeks prior to commencement of work on the site. An approval for a Works Zone may be given for a specific period and certain hours of the days to meet the particular need for the site for such facilities at various stages of construction. The approval will be reviewed periodically for any adjustment necessitated by the progress of the construction activities.
(d) In addition to any approved construction zone, provision must be made for loading and unloading to be accommodated on site once the development has reached ground level.
(e) The structural design of the building must allow the basement and/or the ground floor to be used as a loading and unloading area for the construction of the remainder of the development.
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(f) Where hoisting activity over the public place is proposed to be undertaken including hoisting from a Works Zone, a separate approval under Section 68 of the Local Government Act 1993 must be obtained.
(67) USE OF MOBILE CRANES
The following requirements apply:
(a) Mobile cranes operating from the road must not be used as a method of demolishing or constructing a building.
(b) For special operations including the delivery of materials, hoisting of plant and equipment and erection and dismantling of on site tower cranes which warrant the on-street use of mobile cranes, permits must be obtained from Council for the use of a mobile crane. The permits must be obtained 48 hours beforehand for partial road closures which, in the opinion of Council will create minimal traffic disruptions and 4 weeks beforehand in the case of full road closures and partial road closures which, in the opinion of Council, will create significant traffic disruptions.
(c) Special operations and the use of mobile cranes must comply with the approved hours of construction. Mobile cranes must not be delivered to the site prior to 7.30am without the prior approval of Council.
(68) NO OBSTRUCTION OF PUBLIC WAY
The public way must not be obstructed by any materials, vehicles, refuse, skips or the like, under any circumstances. Non-compliance with this requirement will result in the issue of a notice by Council to stop all work on site.
Carried unanimously.
Speakers
Ms Michele Fraser and Mr Andrew Burns addressed the meeting of the Planning and Development Committee (Development Assessment Sub-Committee) on Item 9.9.
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ITEM 10 QUESTIONS ON NOTICE
PR AND MARKETING (S103141)
1. By Councillor Mandla
Question
The City of Sydney has a number of Public Relations and Communications employees and external consultants within various departments. A quick scan of the City’s website and the constant daily media releases show at least nine people are employed or engaged in Public Relations and Communications roles during the past month. This does not include any agencies or external consultants that the City employs.
This seems an enormous amount of Public Relations and Communications personnel, given that the Premier of NSW only has three Public Relations and Communications staff to service a population of 7.29 million compared to the City’s population of 170,000.
What was the cost spent on Public Relations and Communications employees and external consultants for the 2013-2014 financial year broken up by department (including the Office of the Lord Mayor) with a head count for each department?
What is the purpose and function of each of these employees?
Answer by the Lord Mayor
The Office of the Premier is supported by an extensive network of media and communications staff. The staff in the Office of the Premier work closely with and are supported by media and communication material produced by media and communications staff from across multiple ministerial offices and the media and communications units within each of the Government’s agencies.
The City of Sydney has a statutory obligation to inform all residents in its Local Government Area of its actions and operations, the majority of which emanate from decisions of Council.
The Media and Communications Unit in City Engagement has seven media staff, including an overall manager, and the Comms team has five.
The Unit promotes the City’s many operations, services, and projects which are delivered on behalf of ratepayers, residents, workers, visitors and tourists every single day of the year.
These services, including cleansing, waste collection, parks, libraries, swimming pools and recreation, ensure that our global city looks its best, and that Sydneysiders have the essential services they expect.
In 2013-14, the media team managed 880 individual media inquiries and issued over 360 media releases nationally, and internationally, leading to media coverage valued at over $60 million. A benchmarking exercise conducted by independent media provider iSentia assessed the City’s media coverage against the City of Melbourne, and Destination NSW. The City of Sydney’s coverage achieved over the 12 month period was almost twice the second ranked organisation (City of Melbourne) and 2.5 times that of Destination NSW. The study also revealed the City of Sydney’s brand is 4.5 times more prominent nationally than Destination NSW and 1.5 times more prominent than the City of Melbourne.
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Media staff also promote, and drive up attendance at, the City's many events, including New Year's Eve, the biggest and best fireworks party in the world.
In 13/14 the team significantly increased positive coverage of the City’s own events as follows:
Art & About Sydney: Achieved 920 stories in TV, print, radio and online. 234 stories were generated in Chinese media outlets. Total audience reach was 25 million (31% up on previous festival). Media coverage was worth $3.2 million (a 68% increase on the previous year).
Sydney New Year's Eve: Achieved 9,828 stories in TV, print, radio and online. Total audience reach was 130 million (up from 96 million the previous year). Media coverage was worth $16 million (an increase of $5 million on the previous year).
Chinese New Year: Achieved 3,927 stories in TV, print, radio and online locally, nationally and overseas. This included 2,276 stories in Chinese media, up 31% on the previous year. Total Australian audience reach was 27.6 million. Media coverage was worth $3.8 million (an increase of 31% on the previous year).
Media team costs for 13/14 were $782,781 which includes salaries and wages, overtime, superannuation, annual leave and long service leave.
Comms staff communicate directly to residents and update the City of Sydney’s corporate website homepage.
These staff do not deal with media issues. They ensure the public is informed of upcoming capital works projects, project updates and launches and public consultation processes.
This includes the production of website materials, letterbox drops, flyers, signage, the Council's annual report, residents’ guides, and activity guides.
Comms team costs for 13/14 were $475,511, which includes salaries and wages, overtime, superannuation, annual leave and long service leave.
A total of $73,592 was spent on external consultants in 13/14 in relation to Chinese translations, and on publicity for Art & About.
Chinese media coverage achieved was substantial. There were 13,500 mentions of the City in ethnic media, including significant coverage in People’s Daily, Beijing Morning Post, Sing Tao Daily, Australian Chinese Daily, Australian New Express Daily, Xinhua News and several Chinese Government department websites.
The Office of the Lord Mayor has three Communications staff members. As there are only three staff members, the requested information about costs could identify personal salary levels which are confidential. Therefore only information about the band levels is available and there is one staff member on Band 10 and two on Band 7.
The Lord Mayor approves, on average, around nine media releases a week (440 a year) and responds to numerous, daily, individual media inquiries from local, national and international print, radio & TV journalists.
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CAR SHARE (S103141)
2. By Councillor Mandla
Question
There are approximately 600 car share spaces made available in the Sydney LGA for use by car share operators such as Go Get.
Why do car share operators have to pay for the use of the allocated car share parking spot?
Answer by the Lord Mayor
The Roads and Maritime Services Technical Directive (TDT 2007/04) for the Implementation of On-street Car Share Parking stipulates that each car share vehicle parked within a dedicated car share parking space must display an authorisation permit from the relevant Council.
The City imposes an annual fee on car share operators to reissue the authorisation permit. Annual fees range from $25 to $37, depending on the environmental performance of the car share vehicle.
The City also charges car share operators a one-off fee of $2,250 for every new dedicated space provided. This fee covers the line-marking and signposting of each dedicated space as well as the administrative cost associated with processing each new application.
Furthermore, the costs associated with removing a dedicated car share space are also passed on in full to each operator.
STAFF INVESTIGATIONS BY CITY OF SYDNEY STAFF (S103141)
3. By Councillor Mandla
Question
Why does the City of Sydney have an ex ICAC Investigator in the Legal and Governance department on staff to investigate Councillors, their support staff and City of Sydney employees?
How many governance employees are there in the City of Sydney Council?
Who determines who and what is to be investigated?
Please list the number of investigations the Manager of Governance (past and present) or equivalents have run since September 2012?
Please note in that list whether the person investigated in that meeting had or didn't have a support person and if that person was told of their right to have a support person.
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Answer by the Lord Mayor
The role of the Manager of Governance includes conducting investigations of probity and corruption allegations. The role also includes managing the City’s frameworks for ensuring compliance with the Government Information Public Access Act and the Privacy and Personal Protection Act.
There are two full time and one part time staff members in the Governance Unit.
All allegations are reviewed by the Manager of Governance and a decision made about investigation in consultation with the Director Legal and Governance and, where a disciplinary issue potentially arises, representatives of the Workforce and Information Services Division.
One investigation has been conducted since September 2012.
The right to a support person is afforded each person the subject of allegations who is interviewed.
WIGRAM ROAD (S103141)
4. By Councillor Mandla
Question
The City of Sydney council notified residents in Wigram Road in April of this year that work was to commence on footpath upgrades. Nearly four months later, work is yet to commence.
What is the reason for the delay and when will work commence?
Answer by the Lord Mayor
The footway works at Wigram Road, Glebe between Glebe Point Road and Rock Lane are part of the City’s footpath renewal program.
The City sent a notification letter to the residents on 23 April 2014 about the upcoming upgrade works at Wigram Road.
The construction of the footpath involves working near Sydney Trains (formerly known as RailCorp) underground high voltage electrical assets. The City requested approval from Sydney Trains to carry out work near their underground assets on 16 April 2014, which has not been received. City staff have been working with Sydney Trains in an attempt to gain the necessary approval.
Residents were notified about the delay and the need to postpone the works on 19 May 2014. City staff will notify residents before any works are planned to begin.
1799 Monday 25 August 2014
CAR PARKING SPACES (S103148)
5. By Councillor Forster
Question
What was the total number of car parking places across the LGA at the end of each of the financial years between 2011-2012 and 2013-2014? How many car parking spaces are there expected to be at the end of the 2014-2015 financial year?
How many car share spaces were allocated across the LGA at the end of each of the financial years between 2011-2012 and 2013-2014? How many car share places are expected to be allocated across the LGA at the end of the 2014-2015 financial year?
Answer by the Lord Mayor
It is difficult to provide the total number of car parking places within the City’s Local Government Area (LGA). The Australian Standards considers a parallel parking space to generally be six metres in length; however, as cars have on average been getting smaller, the number of vehicles able to park in the same space has increased.
In addition to variances in vehicle size, on-street parking provision is also further influenced by driver ability, local demand for parking and changes to parking restrictions across a day. For instance, a Clearway restriction may remove on-street parking during peak periods, but permits on-street parking during the inter-peak periods.
Taking these issues into account, it is estimated there are about 40,000 on-street parking spaces across the LGA.
In addition, the Floor Space & Employment survey (FES) found that there are 125,000 car spaces in commercial and mixed use developments in the LGA.
It is estimated there could also be around 47,000 on-site spaces in residential dwellings in the LGA – based on the assumption that on average 50 per cent of the 94,000 private dwellings in the LGA have an on-site parking space.
In total, it is estimated that there are 213,000 on-street & off-street car spaces in the LGA.
With regard to the number of car share spaces installed within the City’s LGA:
• at the end of the 2011/12 Financial Year, there was a total of 397 car share spaces on the City’s streets; • at the end of the 2012/13 Financial Year, there was a total of 506 car share spaces on the City’s streets; and • at the end of the 2013/14 Financial Year, there was a total of 599 car share spaces on the City’s streets.
The City is currently aiming for a maximum increase of 95 on-street parking spaces for car share vehicles in the 2014/15 Financial Year. This target will only be provided if growth in car share membership demands additional on-street capacity.
It should also be noted that the Car Share Policy is currently under review.
Monday 25 August 2014 1800
MILLERS POINT GRANT (S103148)
6. By Councillor Forster
Question
On 8 August 2014, the Lord Mayor issued a Millers Point update via Clover’s eNews and on her personal website, which stated:
“We’ve opened our community facilities for support services to provide counselling, mental health and legal services, given a grant to help Millers Point residents’ groups in their campaign to save their homes, and to the Redfern Legal Centre to support tenants through advocacy and advice.”
City of Sydney in May 2014 provided a grant of $100,000 to the Redfern Legal Centre for Millers Point public housing tenants support, advocacy and advice. What other grant has been given to “help Millers Point residents’ groups in their campaign to save their homes”?
Answer by the Lord Mayor
On 7 April 2014, Council resolved the following:
“Council approve the allocation of up to $10,000 to the Millers Point Community Defence Group or an appropriate auspice organisation for work to support residents.”
In May 2014, a coalition of Millers Point Groups, including; the Millers Point Community Defence Group, CoRE, Resident Action Group and the Dawes Point, Millers Point and The Rocks Public Housing Tenants Association, formed the Millers Point Community Organisation Incorporated.
The City’s grant will fund:
• A Housing Study Report in partnership with SGS Consultants incorporating a cost benefit analysis of the sale and the development of alternative options; and
• Community Picnic Event that would bring together the entire Millers Point and surrounding community to celebrate the history, diversity and resilience of the local community and raise public awareness about the public housing sale.
The City understands that the Community Picnic Event will take place on 14 September 2014. The City will receive a copy of the Housing Study Report, event activity summary and financial acquittal by 30 June 2015.
PARKING ENFORCEMENT (S103141)
7. By Councillor Mandla
Question
Please answer the following questions:
1. Staffing: (a) Ranger staff numbers by permanent employees for the last seven years; and
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(b) Casual employees for the last seven years. (c) Provide employment agreements and / or contracts and /or conditions of employment that Rangers enter into in the course of their employment. (d) Please provide a copy of any manuals that may exist in the Ranger Unit.
2. An organisational chart demonstrating reporting lines from the (CEO) to the rangers unit.
3. Provide an analysis of casual staff in terms of numbers and shifts for the 2011, 2012, 2013 and 2014 years.
4. Sick leave analysis for the last seven years by casual and permanent staff.
5. Staff turnover of permanent and casuals for the last seven years.
6. Seven year analysis of infringement notices issued, highlight the years and percentage by which fines went up and the revenue. This should be directly contrasted with parking meter revenue and noting average infringements issued by ranger.
7. Please break down the FY14 analysis above to the four quarters showing when the new rostering system was implemented.
8. An analysis of infringement notices issued and revenue since the introduction of the new roster.
9. In respect of the Warfield enquiry and / or engagement provide: (a) Copy of the letter of engagement. (b) Reports and materials that arose in the course of their engagement.
10. Detail and name the reports and consultant engagements looking at Ranger performance, culture, efficiency or problems in the last 5 years.
Answer by the Lord Mayor
1.(a) The following table provides the number of staff employed as permanent employees in the City Ranger’s unit excluding Ordinance Rangers, Team leaders and administrative staff:
Financial 2007/2008 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 2013/2014 Year
Permanent 93 93 95 95 95 95 93 Employees
1.(b) The following table provides the number of staff employed as casual employees in the City Ranger’s unit excluding Ordinance Rangers and administrative staff:
Financial 2007/2008 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 2013/2014 Year
Casual 0 0 0 0 11 10 7 Employees
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1.(c) Staff employed as City Rangers are employed in accordance with the employment conditions in the City of Sydney Wages/Salary Award 2014, the South Sydney City Council Salaried Officers Award 2014 and the South Sydney City Council Wages Staff Award 2014 . The City’s Awards are available from the City’s intranet and can be made available to Councillors on request.
1.(d) As well as the City-wide policy and procedure manuals, the Rangers have the following unit specific manuals and instructions:
City Rangers Standard Operating Procedures Guideline to the Issue of Cautions for Parking Offences Road Rules Handbook Work Health and Safety Safe Work Method Statements Induction Handouts.
A copy of these documents can be made available to Councillors on request.
2. The organisational chart demonstrating reporting lines from the (CEO) for the City Rangers unit will be made available by e-mail to Councillors.
3. Casual employees are reported above in table 1(b). An analysis of casual staff by shift is not available.
4. The following table provides the average annual sick leave (days) for permanent employees in the City Ranger’s unit excluding Ordinance Rangers, Team leaders and administrative staff. Casual employees do not have an entitlement to sick leave.
Financial 2007/2008 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 2013/2014 Year
Sick leave 11.2 13.7 13.1 16.0 16.8 19 16.1 Average (days)
5. The following table provides the staff turnover rates for permanent and casual employees in the City Ranger’s unit excluding Ordinance Rangers, Team leaders and administrative staff over the past 7 years:
Financial 2007/2008 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 2013/2014 Year
Turnover 25.8 8.6 8.4 10.5 6.3 15.8 10.8 %
6, 7 and 8.
The following table shows analysis of infringement notices issued and revenue, together with parking meter revenue and noting average infringements issued by rangers.
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2007/2008 2008/2009-9 2009/2010 2010/2011
PIN numbers 376,877 390,618 397,771 372,220 (*)
Fine revenue $37,033,501.00 (gross) $36,348,544.00 $38,433,084.00 $38,608,858.00
% difference 5.70% 0.45% -4.08%
Average infringement 1949 2092 2387 2077 per Ranger per year (***)
Parking Meter $34,273,447.00 Revenue $27,285,615.00 $29,493,945.00 $31,591,802.00
2011/2012 2012/2013 2013/2014
PIN numbers 344,560 317,559 290,131 (*)
Fine revenue $35,441,660.00 $36,267,857.00 $33,269,906.00 (gross)
% difference -4.20% 2.3%(**) -8.2
Average infringement 1923 1856 1697 per Ranger per year (***)
Parking Meter $34,112,250.00 $34,839,961.00 $35,779,243.00 Revenue
Monday 25 August 2014 1804
2013/2014 year Q1 Q2 Q3 (****) Q4
Penalty notices 82,345 67,399 68,747 71,640 issued
Fine revenue $9,408,297 $7,779,265 7,902,210 $8,180,134 (gross)
(*) Penalty notices reflect both parking and ordinance fines. On average over the past three financial years, 143 ordinance penalty notices per month were issued. (**) Fine amount increased by more than CPI. (***) Calculation is based on all staff who issue infringement notices. Team Leaders and ordinance staff issue less penalty notices than parking rangers. (****) New roster commenced on the 16 November 2013.
9. Warfield and Associates were engaged under a Standard Consultancy Agreement. The scope for the engagement was agreed in a briefing meeting between Warfield and Associates, the Manager Human Resources Operations and the Director City Operations.
Warfield and Associates were engaged in May 2012 to investigate complaints and grievances made by staff within the Rangers Unit. The report submitted by Warfield and Associates contains personal and confidential information and cannot be disclosed. The table below lists the main recommendations of the report and the actions taken by Council.
Main Recommendations Actions implemented Ensure the Management and Team Scheduled management meetings are held Leader meetings are held on a fortnightly and Team Leader meetings are held regular basis. This should be the monthly. forum for raising issues and More frequent ‘unscheduled’ meetings are held to ensuring consistent approach to discuss specific issues as they arise. communication and strategy. The Seven “tool box talks” a day are held, in which the meetings should be at least monthly staff starting work are briefed on topical issues if not fortnightly. and have the opportunity to raise questions about operational matters. “Feedback Forums” are held monthly in which elected staff representatives meet with management, Workforce Services staff, and the Director (as required), raising topical issues and making constructive suggestions for change. The Unit also uses tools such as a monthly newsletter to all staff and regular all staff briefings to disseminate information to staff
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Main Recommendations Actions implemented Consider creating a strategy team Recommendation was considered but deemed involving Team Leaders and a impractical. Having 8 parking rangers and 8 team Ranger Representative from each leaders meeting daily with the administration staff team to plan and carry out and supervisors to allocate duties for the following operations and day to day roster day was not workable. Instead, suggestions from allocation of sectors. the “Feedback Forum”, concurrent with an on- going analysis of the complaints and motorists’ habits, as well as feedback from field staff, ensures the allocation of daily duties is in response to changing demands. Provide more training for Team Workshops and coaching was provided to Leaders as to how to communicate develop collaboration and team work amongst and effectively manage non- Team Leaders. performers Additional training sessions were provided in – • Performance and Development Planning • Performance Conversations (including difficult conversations) • Resilience training • Creating a positive workplace culture. Have Team Leaders spend more The organisational structure of City Rangers was time in the field so they know the reviewed, resulting in the creation of three new areas, conditions and build rapport coordinator roles, as well as a re-organisation of with staff. administrative support functions. These changes allow Team Leaders to spend more time in the field with their staff. Regular meetings between Co-ordinators and Team Leaders to ensure the latter are managing their staff effectively, providing support and guidance when required. Clearly articulate performance Promotion to Team Leader or transfer to criteria for promotion to Team Ordinance is in accordance with the City’s Leaders and / or transfer to Recruitment and Selection Policy. Candidates are Ordinance. Ordinance is perceived required to demonstrate a capacity to fulfil the as a 'better job' due to higher wages responsibilities of the position as outlined in the and not having to walk around all position description. day. In conjunction with the City-wide focus on developing staff, parking rangers who are considering a career as an ‘ordinance’ ranger now have the opportunity to act in the role for three months before deciding whether to apply or not. In this time, they are mentored and learn the requirements of the role and what skill gaps there may be. Similarly with Team Leader positions, rangers have the opportunity of relieving duties as a supervisor, during which they are mentored and learn the requirements of the role. Regular performance conversations between staff and their supervisors, in which the staff are encouraged to discuss their career aspirations and together with their supervisor, agree on a plan of development to help them achieve their goals.
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Main Recommendations Actions implemented Conduct an audit of lowest The City introduced a new Staff Performance performers in each group. Management and Development System, which establishes performance criteria for all staff. All employees are assessed against these criteria during performance reviews held twice a year. These reviews may identify where an employee fails to meet the expectations of the organisation, against both results and standards of behaviour. Team Leaders also review the operational performance of their team members on a daily basis. Let Team Leaders and Rangers The management of staff grievances is in know the progress of grievances accordance with the relevant City policies and and Code of Conduct breaches so procedures. Staff have been briefed on these they don't think the grievance has procedures, including the Code of Conduct, WHS been 'swept under the carpet'. Consultation Procedure (including complaints handling), and the Staff Complaints Policy. All staff have received training in the City’s Code of Conduct.
10. In October 2009, an Internal Audit was undertaken entitled "Internal Audit of Parking Enforcement and Revenue Management". Only minor issues were identified relating to: the reconciliation of data between State Debt Recovery Office and the City’s systems, potential improvement to the way that patrols are scheduled to address non-compliance and internal communications between Parking and Rangers.
In September 2013, Governance completed a report into its review of an allegation that a City Ranger had failed to disclose a conflict of interest. The review found that a City Ranger failed to remove themself from an internal infringement notice appeal process that related to a penalty issued to a close family member. Disciplinary action was taken against the City Ranger by Workforce and Services.
In June 2013, Governance completed a report into its review of an allegation that a City officer was providing advanced notice of Ranger inspections to the proprietor of a business. The review was unable to find any evidence of misconduct and the allegation was not sustained. A briefing was given to all City Rangers regarding the circumstances of the allegation and reminded them of their obligations to act ethically.
In January 2013, an internal audit delivered a report to the City setting out its findings from a review which was conducted into allegations of nepotism during City Rangers recruitment processes. The audit examined the recruitment of three officers and made no adverse findings. The audit also found that recruitment practices were appropriate, however, a recommendation to upload and properly store selection panel convener’s notes was adopted. This was a follow-up to an earlier audit of recruitment practices for Rangers in 2010.
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DIVERSIFICATION, EQUAL REPRESENTATION AND ETHICAL CONDUCT (S103147)
8. By Councillor Vithoulkas
Question
Given the strong internal focus on diversification, equal representation and ethical conduct that influences daily decisions within the organisation of the City Of Sydney, is support of similar values being encouraged with the partners we work with?
Does the City have set criteria that include diversification, equal representation and ethical conduct regarding any businesses or organisations that we sponsor that must be met in order for sponsorship to be considered?
What are the methods the City Of Sydney uses to discover diversity principles and ethical conduct values of potential and exiting partners?
Answer by the Lord Mayor
The City of Sydney’s Grants and Sponsorships Policy and Corporate Sponsorship Policy both include an ethics framework.
Ethics Framework
The City will not support any activities or entities that are considered to unnecessarily:
• Pollute land, air or water • Destroy or waste non-recurring resources • Market, promote or advertise products or services in a misleading or deceitful manner • Produce, promote or distribute products or services likely to be harmful to the community • Acquire land or commodities primarily for the purpose of speculative gain • Create, encourage, or perpetuate militarism or engage in the manufacture of armaments • Entice people into financial over-commitment • Exploit people through the payment of below-award wages or poor working conditions • Unlawfully discriminate, or encourage unlawful discriminatory behaviour, including discrimination on the basis of race, religion or sex in employment, marketing or advertising practices • Contribute to the inhibition of human rights generally.
Outgoing Grants and Sponsorships
For all outgoing grants and sponsorships, the City requires that recipients comply with the ethics framework as detailed in the Grants and Sponsorship Policy 2012. Applicants are required to confirm that their organisation and projects align with the City’s framework through a mandatory question in the application form. The Grants and Sponsorship Policy also states that the City does not provide grants and sponsorships for projects that directly contravene existing City policies.
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Incoming Sponsorships
The Corporate Sponsorship Policy 2012 states the types of sponsorships that are not permitted under the policy, including those that pose a conflict between the objectives and values of the City and those of the Sponsor. As part of the procedure in acquiring a sponsor, the City researches each organisation via the ethical database, http://www.ethical.org.au/, in order to assess the credentials before engaging the sponsor.
Whilst we have this framework in place, the organisations we sponsor and organisations that sponsor City events might have undisclosed connections with other organisations around the world. We actively respond to any complaints or issues that are brought to our attention.
RECYCLING CONTAMINATION EDUCATION SCHEME (S103142)
9. By Councillor Scott
Question
What are the City of Sydney contamination rates of residential recycling collections?
In the past 10 years, has the City invested in an education scheme for residents to raise awareness of the problems regarding waste contamination in residential recycling collections?
If so, when and at what cost?
Will the City consider investing in a residents’ education scheme to raise awareness of recycling contamination in future?
Answer by the Lord Mayor
The City of Sydney’s current residential recycling contamination rate is 7.6%.
In the past 10 years, the City has invested in a range of education schemes for residents that aim to raise their awareness about contamination issues in the recycling bin.
The primary scheme is the City’s Zero Waste Campaign which launched in 2008. The campaign promotes waste as a valuable resource through targeted recycling education collateral (ie, the Waste and Recycling Guide, bin stickers, posters for apartment buildings), online recycling resources and targeted campaigns that promote the City’s waste and recycling services. The program also provides information on what can and cannot be placed in the residential recycling bin and how residents can help the City reach the resource recovery target of 68% by 2014 (achieved for the first time in 2014).
The cost of the Zero Waste Campaign is approximately $278K per year and is recovered through the domestic waste management charge.
The City is committed to increasing residents’ awareness of contamination issues and will continue to use the Zero Waste Campaign to educate residents on how to recycle correctly.
1809 Monday 25 August 2014
CCTV NETWORK (S103142)
10. By Councillor Scott
Question
In a press release issued by the City of Sydney on Friday 25 July and titled “Expanded CCTV network to boost safety and fight crime”, the Lord Mayor was quoted: “This expansion of our CCTV network with full-sweep cameras and better quality images for should [sic] act as a deterrent and assist police in keeping people safe in our late-night hot spots”.
Has the City commissioned or conducted any research into the claim that CCTV cameras act as a deterrent or increase safety in late-night hot spot areas?
When was this research commissioned and what was the cost?
Was this research completed?
Can the Lord Mayor provide any peer-reviewed research reports that support her claim that CCTV cameras act as a deterrent to prevent crime?
Answer by the Lord Mayor
In May 2012, the City engaged Sydney Institute of Criminology, Sydney University, to complete an evaluation of the Street Safety Camera Program against its stated objectives. The evaluation was to be completed over a two year period, using a pre and post installation analysis of the expansion of the program in Kings Cross.
Due to the large number of crime and public safety initiatives implemented during the period of evaluation, the University advised it was not possible to determine the impact of CCTV on crime prevention, intervention, investigation, and prosecution rates. On that basis, the project was terminated by agreement with the University in October 2013. The cost of this project up to October 2013 was $81,000. The research and data provided from this study was then transferred to the new study outlined below. There was no additional cost to the City for the new study.
The City has recently been invited to participate in an Australia-wide research project being undertaken by the Australian Institute of Criminology. The research project seeks to answer questions relating to:
• the extent of CCTV use by local councils and shires in Australia;
• the characteristic of CCTV systems currently in use by local councils and shires;
• the costs associated with the installation, operation and maintenance of CCTV systems; and
• the main benefits and challenges associated with public place CCTV systems.
The City has offered to support the project by providing preliminary data from the City’s CCTV evaluation project. This data includes:
• focus groups with police, residents, businesses, prosecutors, and City staff;
Monday 25 August 2014 1810
• Kings Cross street surveys completed pre and post installation of cameras; and
• pre and post-installation data of crime in the Kings Cross area.
While the outcomes of this research will not be known for some time, it is important to note that, in 2013/14, the City’s CCTV operators managed over 3,500 incidents, contacted the police over 2,000 times, assisted in the immediate identification of 290 offenders, and provided police with over 900 items of footage to assist with investigation of offences.
The City’s Street Safety Camera Program operates in partnership with the NSW Police. Our CCTV operators frequently identify potential incidents of antisocial behaviour. These potential incidents are quickly escalated to NSW Police via vision transfer, facilitating a rapid response and an increased police presence to deter potential offenders.
GRANTS AND SPONSORSHIPS (S103142)
11. By Councillor Scott
Question
How many festivals, conferences, organisations, or events have been allocated funding or sponsorship outside of the Grants and Sponsorships Policy or Quick Response Grant process since 2004, including a table of:
. Year; . Name of the festival, conference, organisation, or event; . Value of the grant or sponsorship for each recipient; and . Value in-kind of the grant or sponsorship for each recipient?
Answer by the Lord Mayor
The first Grants and Sponsorship Policy was endorsed by Council on 9 May 2005 and included 10 programs. Since that time, the Grants and Sponsorship Program has grown, informed by Sustainable Sydney 2030 and the corporate policies and strategic directions. Currently, there are 19 grants and sponsorship programs.
The most recent Policy adopted by Council in 2012 states that “Council may approve grants and sponsorships outside this policy as it sees fit.”
Occasionally, grants and sponsorship requests do not fit neatly within the criteria applied to the programs and, as with other grants and sponsorships, these are brought to Council for approval.
These ad hoc grant requests are one reason the City is undertaking the Grants and Sponsorship review. The recommendations of this review will be put to Council later this year.
Data has been provided for the previous two years that covers the existing policy period. Staff would need considerably more time to investigate the volume of grants approved between 2004 and 2012, and to check the data against previous versions of the policy.
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The City supported a total of 22 festivals, conferences, organisations, or events in 2012/13 and 2013/14 through ad hoc grants approved by Council which did not sit clearly within current Grants and Sponsorship Policy programs. In total, the City provided funding of $1,174,774, of which $815,200 was in cash and $359,574 was in-kind.
Year Name of Organisations /Events supported Value in Value in- approved cash kind 2013/14 Vivid Sydney NIL $230,000 2013/14 Australian Institute of Architects - 2014 and $10,000 NIL 2016 Venice Architecture Biennales 2013/14 Pyrmont Ultimo Chamber of Commerce and $30,000 $2,000 Industry Incorporated - Pyrmont Festival of Wine, Food and Art 2013/14 Potts Point Partnership Incorporated - Kings $50,000 $4,000 Cross Festival 2013/14 Glebe Chamber of Commerce - Glebe Street $30,000 $12,000 Fair 2013/14 South Cares Public Benevolent Institution - $50,500 NIL South Cares Rabbitohs Grant 2013/14 Australian Institute of Architects - Australian $10,000 NIL Institute of Architects' National Architecture Awards 2013 2013/14 New Democracy Foundation - New $60,000 $18,921 Democracy and the Thomas Kelly Foundation 2013/14 Taronga Conservation Society Australia - $7,000 NIL White Rhinos 2013/14 Australian Community Energy Congress - 16 $5,000 NIL and 17 June 2014 2013/14 Walsh Bay Arts and Commerce Incorporated - $30,000 $20,000 Walsh Bay Arts Festival 2013/14 Walkley Foundation - Walkley Awards for $30,000 NIL Excellence in Journalism 2013/14 United Nations Association of Australia $3,000 NIL (NSW) - International Day of Peace Program Wreath Laying Ceremony 2013/14 Australian Red Cross - Centenary $5,000 NIL Humanitarian Village 2012/13 Royal Australian Navy - International Fleet $330,000.00 $24,000 Review 2013 2012/13 Woop! Incorporated - 2012 Woop! Rolling $25,000 $2,653 Festival 2012/13 Australian Water Association - Decentralised $7,700 NIL Water and Wastewater Systems Conference 2012 2012/13 Potts Point Partnership - 2012 Kings Cross $120,000 NIL Cultural Festival 2012/13 Australasian Waste and Recycling Expo - $9,000 NIL Australasian Waste & Recycling Expo 2012 2012/13 Energy Efficiency Council - Energy Efficiency $3,000 NIL Council 2012 National Conference 2012/13 WWF - Earth Hour 2013 NIL $16,000 2012/13 Springboard Enterprises NIL $30,000 $815,200 $359,574
Monday 25 August 2014 1812
COMPOST REVOLUTION (S103142)
12. By Councillor Scott
Question
Will the City of Sydney seek to participate in the Compost Revolution, Waste Less, Recycle More scheme?
If so, what benefits will be available for residents?
If not, why not?
Answer by the Lord Mayor
The City will not be seeking funding under the NSW Environmental Protection Authority’s ‘Waste Less, Recycle More Initiative’ to fund a Compost Revolution program.
A review of the Compost Revolution trial in June 2014 by the City’s Sustainability Programs team found the program was not efficient in terms of the amount of waste recovered through the program compared to the amount of resources required to deliver the initiative to residents.
It was also determined that this particular method of sustainability engagement was not as effective as the current composting workshops available to residents through the City’s Green Villages program.
CHINESE NEW YEAR FESTIVAL ADVISORY GROUP (S103142)
13. By Councillor Scott
Question
Who chairs the meetings of the City’s Chinese New Year Festival Advisory Group?
Who are the members of the City’s Chinese New Year Festival Advisory Group?
What is the process for the appointment of a chair to the City’s Chinese New Year Festival Advisory Group?
What is the process for the appointment of members to the City’s Chinese New Year Festival Advisory Group?
What are the terms of reference for the City’s Chinese New Year Festival Advisory Group?
What are the future meeting dates, times, and locations of the City’s Chinese New Year Festival Advisory Group for 2014?
Where are past minutes of the City’s Chinese New Year Festival Advisory Group available?
Where will the Chinese New Year Parade occur in 2016?
1813 Monday 25 August 2014
Answer by the Lord Mayor
The Chinese New Year Advisory Group evolved several years ago from the Chinatown Cultural Advisory Committee’s Chinese New Year Festival sub-committee. This was not established as a panel by the Council. At the time, membership guidelines were developed. These have acted as terms of reference. In answer to the questions above:
Councillor Robert Kok is the Chair. Members are: Ms Lin Abbot, Dr Tony Goh, Ms Josephine Lam, Ms Daphne Lowe Kelley, Ms Patricia Quah, Mr Aaron Seeto, Ms Vivien Sung, Mr Raymond Tai, Ms Imogen Yang, Mr Shah Yee.
In accordance with the Membership Guidelines, the Chair is appointed by the CEO, in consultation with the Lord Mayor. All appointments are made by the CEO, in consultation with the Lord Mayor. All appointments are for a period of two years, for a maximum of three terms.
Following the 2014 Festival, the City began a period of extensive community consultation on the future of the Festival, precipitated by the external impacts on the Festival’s core events:
(a) the loss of George Street for the Twilight Parade after the 2015 Festival due to light rail works; and
(b) the ongoing impacts on the Dragon Boat events due to works at Darling Harbour for the redevelopment of the Sydney Convention and Exhibition Centre and the IMAX building.
In order to obtain direct feedback on the community consultation process, which has been commenced by the current Advisory Group, the current members were renewed for one additional year.
The functions of the advisory group are:
• To advise the City on matters relating to cultural events and activities for the Chinese New Year Festival in all parts of the City of Sydney Local Government Area.
• To assist with running various aspects of events within the Chinese New Year Festival as directed by City staff.
• To provide the City with cultural advice and feedback to ensure all elements of the Chinese New Year Festival are culturally appropriate.
• To provide advice/feedback to the City in regard to the development and implementation of Chinese New Year Festival events and projects.
• To assist the City to raise funds and secure sponsorship for the Chinese New Year Festival.
Future meeting dates are currently:
Wednesday, 27 August 2014 Wednesday, 24 September 2014 Tuesday, 21 October 2014
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Wednesday, 7 January 2015 Wednesday, 4 February 2015 Wednesday, 25 March 2015 (2015 CNY Festival Debrief)
Staff will ensure that these are included in the Key Diary Dates, including their location. It should be noted that meeting dates and times change according to the availability of the panel members. Staff will prepare CEO updates following each meeting, with a summary of the minutes. The Chinese New Year Festival is in a period of transition. A community consultation process is underway. A report will be brought to Council in due course on the future of the Festival, including options for the Parade, and recommendations as to the membership and new Terms of Reference for the Advisory Panel.
LORD MAYOR’S CHRISTMAS 2014 LAUNCH (S103142)
14. By Councillor Scott
Question
Has there been a launch for the City’s Christmas Decorations?
If so, what date was the launch held?
What was the venue for the launch?
What was the total cost of the launch, broken down by:
. Design, printing, and distribution of the invitations; . Catering; . Value in-kind room hire; . Other?
Who was invited to the launch?
Which Councillors were invited?
Which Councillors attended?
Answer by the Lord Mayor
The City hosted an event on 29 July 2014 in the Vestibule at Sydney Town Hall to provide information to retailers and potential and existing commercial partners for the City’s Christmas celebrations.
The City presented the overall three year Christmas vision and marketing strategy, including the introduction of Melissa Doyle as the Christmas Ambassador. It aimed to encourage our retailers and potential and existing partners to contribute to the City’s initiatives over the Christmas period and to consider partnership opportunities for 2014 and beyond.
Below gives a breakdown of the costs (figures below exclude GST):
1815 Monday 25 August 2014
Description Costs excl GST Design/printing/distribution of invitations (template emails) NIL Catering $6,045 Venue (value in kind room hire) NIL Production (includes lighting/screen/projection/technicians/theming) $5,800 Photographer $1,320 TOTAL (excluding GST) $13,165
Those invited to the event included Sydney retailers, potential and existing commercial partners and Chambers of Commerce. As a normal operational event, rather than a launch of Christmas decorations, Councillors were not invited.
PUBLIC HEALTH ISSUE IN MILLERS POINT (S103142)
15. By Councillor Scott
Question
What actions have the City taken to deal with the increase of the number of rats in Millers Point?
Answer by the Lord Mayor
City records indicate there have been no reports of increased rat activity in Millers Point. The City continues to monitor and control rats by having a permanent rat control program of baiting in this and other areas of the City in order to control and monitor rat infestations.
The Millers Point area has permanent bait stations in Rodens Lane, Downshire Street and Ferry Lane. These bait stations were checked on Thursday 14th August by the City’s Pest Control Officer who recorded that there had been ‘no rat activity’.
The City’s parks maintenance contractor also implements a baiting program as part of their services which is ongoing.
SMALL BARS IN THE CITY OF SYDNEY (S103148)
16. By Councillor Forster
In the June 2014 edition of the City of Sydney's Sydney City News, it was stated that "Sydney now boasts more than 80 small bars some of which have enlivened many of our laneways and forgotten spaces."
There are seven liquor licence categories in New South Wales. The Small Bar Licence allows liquor to be sold in a bar that is restricted to a maximum of 60 patrons.
How many bars in Sydney hold Small Bar Licences?
Monday 25 August 2014 1816
Answer by the Lord Mayor
In 2007, the NSW Liquor Act was amended to include ‘General Bar Licence’ and the ‘Primary Service Authorisation’, which came into effect on 1 August 2008. ‘Small bars’ opened in the City of Sydney use one of these two licence types. There was no small bar specific licence introduced or available at that time.
The City of Sydney Late Night Trading DCP 2007 definition of a Category B low impact premise includes: • a hotel within the meaning of the Liquor Act 2007 that has a capacity of 120 patrons or less and is designated as a general bar licence; and • premises that have a capacity of 120 patrons or less where the primary purpose is the sale or supply of liquor for consumption on the premises
This definition of a low impact licensed premise with 120 people or under became popularly defined, locally and nationally, as a ‘small bar’ and was known as such by the public, media and relevant authorities at that time, including the Police, The Office of Liquor Gaming and Racing and the City of Sydney. The Small Bars Association NSW, defines a small bar as being a ‘venue’ with a capacity of 120 people or less, no matter what type of licence is held. Under this definition there are 80 small bars in Sydney.
The small bar licence, of 60 patrons or under, was introduced by the Office of Liquor, Gaming and Racing in July 2013. There are currently 8 venues in the City of Sydney LGA operating under the small bar licence.
CHAMBERS OF COMMERCE AND BUSINESS PARTNERSHIPS FORUM (S103142)
17. By Councillor Scott
Question
What was the total cost of the Chambers of Commerce and Business Partnerships Forum in May 2014, broken down by: . Design, printing, and distribution of the invitations; . Catering; . Value in-kind room hire; . Other?
Who was invited to the launch?
Which Councillors were invited?
Which Councillors attended?
Has the City hosted any other Chambers of Commerce events in 2014?
If so, can details be provided of the dates of each event and the total cost of each event, broken down by:
. Design, printing, and distribution of the invitations; . Catering; . Value in-kind room hire; . Other?
1817 Monday 25 August 2014
Answer by the Lord Mayor
The costs of the Lord Mayor’s Chambers Forum on 15 May 2014 were: AV equipment $1,339.25 Catering/Drinks $2,000.00 Auslan Interpreter $480.00 Design, print & distribution of invitations $0 Email invite Room Hire $0 Lord Mayor’s Reception Room Total $3,819.25
Chambers of Commerce invited: • Glebe Chamber of Commerce • Haymarket Chamber of Commerce • Leichhardt & Annandale Chamber of Commerce • Darlinghurst/2010 Business Partnership • Chippendale Creative Precinct • Potts Point Partnership • Paddington Business Partnership • Sydney Harbour Foreshore Authority • Lane Cove Alive • Chippendale Creative Precinct • Walsh Bay Arts & Commerce • Walsh Bay Precinct Partnership • South Sydney Business Chamber • Newtown Precinct Business Association • Pyrmont Ultimo Chamber of Commerce • NSW Business Chamber • Sydney Business Chamber • Darling Harbour Business Association Inc • Paddington Business Partnership
Liquor Accords invited: • South Sydney Liquor Accord • City North Liquor Accord
Councils invited • Ashfield Municipal Council • Woollahra Municipal Council • Waverley Council • North Sydney Council • Marrickville Council • Pittwater Council • North Sydney Council • Bankstown Council • Botany Bay City Council • Parramatta Council • City of Canada Bay Council • Leichhardt Municipal Council • Warringah and Pittwater Councils • Randwick City Council • Rockdale City Council • Camden Council
Monday 25 August 2014 1818
Other stakeholders invited • Office of Small Business Commissioner • Tourism Accommodation Australia • NSW Restaurant & Catering Association • Korean Community Association of NSW • Brain Injury Association of NSW • Three Saints Square Project Group • Restaurant and Catering Australia • Deaf Ministries International • Design Advisory Panel • Property Council of Australia, NSW Branch • Australian Hotels Association (NSW) • Destination NSW • Australian Network on Disability • Macquarie University MQ Hearing Strategy for Learning and Teaching • Australian National Retailer's Association • Brookfield Office Properties Australia • Louis Vuitton Australia
Councillors invited: • Lord Mayor Clover Moore - Accepted • Deputy Lord Mayor Robyn Kemmis - Accepted • Cr Irene Doutney - Accepted • Cr Christine Forster - Accepted, Did not attend • Cr Jenny Green - Accepted, Did not attend • Cr Robert Kok - No response • Cr John Mant - Declined • Cr Edward Mandla - Declined • Cr Angela Vithoulkas - Accepted • Cr Linda Scott - Declined
Key City Staff invited: • Monica Barone, CEO • Ann Hoban – Director City Life • Andrea Beattie - Executive Manager, Research, Strategy & Corporate Planning • Suzie Matthews - Manager City Business & Safety • Robyn Simon – Business Precincts Manager • Steven Hillier – Research Manager – Speaker • Phillip Raskall – Strategic Research Manager – Speaker • Francesca O’Brien – Manager Economic Strategy - Speaker
During 2014 the City also hosted a forum for Chambers of Commerce on 19 February 2014 with Marcus Westbury, Renew Australia, as the speaker. The costs were:
Speaker $2, 236.57 Catering/Drinks $650.00 Design, print & distribution of invitations $0 Email invite Room Hire & AV - Marconi Room $331.81 Total $3,218.38
1819 Monday 25 August 2014
ITEM 11 SUPPLEMENTARY ANSWERS TO PREVIOUS QUESTIONS
There were no supplementary answers to previous Questions on Notice for this meeting of Council.
Monday 25 August 2014 1820
ITEM 12 NOTICES OF MOTION
RESCISSION MOTION - WEBCASTING
1. Moved by Councillor Kemmis, seconded by Councillor Green -
That, pursuant to the notice of a motion to rescind given at the meeting of Council on 28 July 2014, under section 13.8 of the Council’s Code of Meeting Practice, it be resolved that the Resolution of Council of that date relating to Item 13.5, Webcasting, be rescinded.
Point of Order
Councillor Mant raised a point of order in that Councillor Mandla, when speaking on the motion, was incorrect in saying that ICAC was being held to his head.
The Chair (the Lord Mayor) asked Councillor Mandla to withdraw his comment and he declined.
The Chair (the Lord Mayor) upheld the point of order and again asked Councillor Mandla to withdraw the comment.
Councillor Mandla then withdrew the comment.
A show of hands on the motion resulted in an equality of voting as follows:
Ayes (5) The Lord Mayor, Councillors Green, Kemmis, Kok and Mant
Noes (5) Councillors Doutney, Forster, Mandla, Scott and Vithoulkas.
The Chair (the Lord Mayor) exercised her casting vote in favour of the motion.
Motion carried.
BAYS PRECINCT URBAN RENEWAL PROJECT (S103133)
2. Moved by Councillor Scott, seconded by Councillor Doutney -
It is resolved that Council:
(A) note and support the community’s calls for the Bays Precinct Urban Renewal Project planning process to ensure:
(i) precedence is given to the public good as a driving overarching principle for the renewal of these publicly owned foreshores and bays;
(ii) that the community of Sydney is able to fully engage in all stages of the planning process;
(iii) excellence in planning and design for all development proposals by designating clear, publicly endorsed planning principles developed by the Bays Precinct Community Reference Group and actively seeking local and international ideas for renewal;
1821 Monday 25 August 2014
(iv) that all unsolicited development proposals relating to any Bays Precinct public land or waters be subject to open competitive tenders and proper public scrutiny;
(v) that there be no alienation of the Bays Precinct foreshores from public ownership by sale or long term lease;
(vi) that high priority be given to the inclusion of social and affordable housing as a significant element of any residential uses;
(vii) that continuous public access to the harbour foreshore be a core principle for all development in the Bays Precinct;
(viii) the creative adaption and re-use of key heritage items such as the White Bay Power Station and the Glebe Island Bridge; and
(ix) that these principles be reflected in any memorandum of understanding between the City of Sydney and the NSW State Government with regards to the Bays Precinct Urban Renewal Project;
(B) note the particular expertise and local knowledge of community organisations within the Bays Precinct area to come together to contribute to the future plans of this urban renewal project;
(C) endorse the development of a wider campaign alliance incorporating interested community organisations and individuals across Sydney;
(D) call on the NSW State Government to ensure that the Bays Precinct Urban Renewal Project follows a democratic and open process which enables public and private interests to come together creatively and imaginatively to ensure that the outcome will be worthy of the site and of Sydney’s status as a global city and properly protective of the public interest;
(E) request that the Chief Executive Officer write to the Premier and the Minister for Planning requesting that:
(i) they meet with community organisations immediately to provide a brief on the Bays Precinct Urban Renewal Project and to discuss the community concerns about the planning process; and
(ii) they invite community organisations to the November summit so that community expertise and views can be incorporated directly into the Bays Precinct planning process; and
(F) request that the Chief Executive Officer consult with relevant community groups to provide necessary financial and in-kind support to convene a people’s summit, in concert with local community organisations and affected local government areas, preceding the November summit to allow for direct and democratic participation in the shaping of the urban renewal process for the publicly-owned foreshores and bays encompassed by the Bays Precinct Urban Renewal Project.
Monday 25 August 2014 1822
The motion was carried on the following show of hands –
Ayes (9) The Lord Mayor, Councillors Doutney, Forster, Green, Kemmis, Kok, Mant, Scott and Vithoulkas
Noes (1) Councillor Mandla.
Motion carried.
MEDICARE CO-PAYMENT (S103137)
3. Moved by Councillor Doutney, seconded by Councillor Scott -
It is resolved that Council:
(A) note:
(i) that public health is critical to the City’s 2030 strategy as outlined by the strong focus on personal health in the City’ Wellbeing Indicator Framework;
(ii) that access to primary health care for all Australians is a vital pathway to early intervention and preventative healthcare;
(iii) the proposed introduction of a Medicare co-payment by the Federal Government represents a significant shift away from universal health care;
(iv) that the proposed co-payment represents a disincentive, and, in some cases, barrier, to regular preventative health checks and closer management of chronic disease;
(v) that the administration of the proposed co-payment provides a disincentive for GP clinics to continue to bulk bill patients; and
(vi) that there is no guarantee that the co-payment price will not be increased in future;
(B) write to the Federal Minister for Health, the Federal Leader of the Opposition, the Federal Leader of the Greens and the Federal Leader of the Palmer United Party to express Council’s opposition to the introduction of the proposed Medicare co- payment, in any form, for the reasons given above;
(C) write to the Save Medicare Campaign to indicate support for its ongoing campaign to stop the introduction of the Medicare co-payment; and
(D) take opportunities to inform the community of Council’s opposition to the Medicare co-payment.
The motion was carried on the following show of hands - Ayes (7) The Lord Mayor, Councillors Doutney, Green, Kemmis, Kok, Mant and Scott
Noes (3) Councillors Forster, Mandla and Vithoulkas.
Motion carried.
1823 Monday 25 August 2014
ANZAC MEMORIAL DONATION (S103139)
4. Moved by Councillor Forster, seconded by Councillor Mandla -
It is resolved that:
(A) Council note that:
(i) NSW Premier Mike Baird and Minister for Veterans’ Affairs Victor Dominello have announced a $38 million plan to redevelop the ANZAC Memorial at Hyde Park, which would complete the original 1930 vision for the Memorial;
(ii) the redevelopment includes plans to build a permanent Education and Interpretation Centre beneath the Memorial, as well as a water cascade on the southern side of the monument;
(iii) the NSW Government will make an initial $20 million contribution to the project, which will enhance the Memorial as a permanent tribute to the service and sacrifice made by NSW service men and women;
(iv) the entire redevelopment plan, at a total cost $38 million, has been endorsed unanimously by a meeting of the ANZAC Memorial Trustees, who include the Lord Mayor of the City of Sydney; and
(v) the shortfall of $18 million required for the redevelopment plan is expected to be raised from a variety of sources, including private and corporate donations; and
(B) Council approve a cash grant of up to $9 million for the redevelopment of the ANZAC Memorial at Hyde Park, subject to the raising of matching funding amounting to a minimum of $9 million from other sources, including private and corporate donations.
Point of Order
Councillor Forster raised a point of order in that Councillor Green, when speaking on the motion, was not confining her comments to the motion.
The Chair (the Lord Mayor) overruled the point of order.
Dissent
Councillor Forster moved dissent against the ruling of the Chair (the Lord Mayor) on the Point of Order.
The motion of dissent was put to the vote and was lost on the following show of hands –
Ayes (2) Councillors Forster and Mandla
Noes (8) The Lord Mayor, Councillors Doutney, Green, Kemmis, Kok, Mant, Scott and Vithoulkas.
Motion of dissent lost.
Foreshadowed Motion. Councillor Green foreshadowed that, should the motion moved by Councillor Forster be lost or withdrawn, she would move an alternative motion.
Monday 25 August 2014 1824
The motion moved by Councillor Forster was lost on the following show of hands –
Ayes (3) Councillors Forster, Mandla and Vithoulkas
Noes (7) The Lord Mayor, Councillors Doutney, Green, Kemmis, Kok, Mant and Scott.
Motion lost.
Councillor Green then moved her foreshadowed motion, seconded by Councillor Mant, as follows:
It is resolved that:
(A) Council note that:
(i) NSW Premier Mike Baird and Minister for Veterans’ Affairs Victor Dominello have announced a $38 million plan to redevelop the ANZAC Memorial at Hyde Park, which would complete the original 1930 vision for the Memorial;
(ii) the redevelopment includes plans to build a permanent Education and Interpretation Centre beneath the Memorial, as well as a water cascade on the southern side of the monument;
(iii) the NSW Government announced it will make an initial $20 million contribution to the project, which will enhance the Memorial as a permanent tribute to the service and sacrifice made by NSW service men and women;
(iv) the Returned Services League (RSL) website features a media release outlining funding of up to $19.6 million to the NSW Government from the Anzac Centenary Public Fund for redevelopment of the Hyde Park Memorial. The Anzac Centenary Public Fund was launched by the Prime Minister in December 2013;
(v) the City of Sydney is working closely with the ANZAC Memorial Trust and has undertaken extensive works to enhance and upgrade Hyde Park, ANZAC monuments in Hyde Park and throughout the City, including:
(a) a commissioned artwork to honour the sacrifices and bravery of Aboriginal and Torres Strait Islander service men and women to be installed in Hyde Park by Anzac Day 2015 at a cost of $805,000;
(b) a tender to upgrade ANZAC memorials throughout the City approved by Council in October 2013, encompassing the First World War Memorial to Pyrmont-Ultimo Servicemen, Oddfellows Memorial (Hyde Park), World War I Memorial (Redfern Park), Artillery gun (Redfern Park), WWI Soldiers Memorial (Woolloomooloo), Emden Gun (Hyde Park), Newtown War Memorial and Paddington War Memorial at a cost of $184,000;
(c) preservation works to other World War I monuments – the Cenotaph (Martin Place), Glebe War Memorial and Archibald German SMS Emden gun sunk by HMAS Sydney (Hyde Park), the World War I Soldiers Memorial, Woolloomooloo;
1825 Monday 25 August 2014
(d) capital expenditure of $5.6 million in the past 10 years on Hyde Park, and the allocation of $23.5 million in the coming 10 years, including the avenue of trees framing the ANZAC Memorial and supporting public domain works, tree replacement across Hyde Park and works to support the NSW Government project to upgrade Museum Station; and
(e) operational expenditure on Hyde Park of $17.56 million over the past 10 years, and $10 million has been allocated for the next 10 years;
(vi) the entire ANZAC Memorial redevelopment plan, at a total cost of $38 million, has been endorsed unanimously by a meeting of the ANZAC Memorial Trustees, who include the Lord Mayor of the City of Sydney; and
(vii) the shortfall of $18 million required for the redevelopment plan is expected to be raised from a variety of sources, including private and corporate donations; and
(B) request the Chief Executive Officer write to the NSW Government to confirm the level of funding being provided by the NSW Government in addition to the Federal funding and its fundraising activities, so the City can consider proposals to provide proportionate funding for the project in future years through the City’s budgeting processes.
Amendment. Moved by Councillor Forster, seconded by Councillor Mandla –
That the motion be amended by the deletion of clause (A)(iv).
The amendment was lost on the following show of hands –
Ayes (2) Councillors Forster and Mandla
Noes (8) The Lord Mayor, Councillors Doutney, Green, Kemmis, Kok, Mant, Scott and Vithoulkas.
Amendment lost.
The motion moved by Councillor Green was carried unanimously.
OXFORD STREET PROPERTY PORTFOLIO REACTIVATION STRATEGY (S103139)
5. Moved by Councillor Forster, seconded by Councillor Scott -
It is resolved that:
(A) Council note:
(i) Council owns the commercial properties on the north side of Oxford Street at 56-78 Oxford Street, 82-106 Oxford Street and 110-122 Oxford Street, as well as the public toilet (closed) and substation at 136 Oxford Street;
(ii) in the Second Quarter Corporate Plan Report for 2013/14, the Oxford Street Property Plan, which includes the Foley Street upgrade, was listed as 50% complete, with a target completion date of 2014;
Monday 25 August 2014 1826
(iii) in the Fourth Quarter Corporate Plan Report 2013/14, the Oxford Street Property Plan, which includes the Foley Street upgrade, was listed as 50% complete, with a target completion date which has been pushed back by 6 years to 2020;
(iv) the completion of the Oxford Street Property Plan has been delayed by six years without notice to Council, without Council being provided with any supporting evidence as to the success or failure of the Plan to date, and without any discussion at Council about the overarching strategy for the City’s Oxford Street property portfolio;
(v) Council has made significant investment in and around Oxford Street, including footpath upgrades and, more recently, the spending of $1.2 million on Stage 1 of the Foley Street upgrade and the planned spending of $3.1 million on the Foley Street Stage 2 and Stage 3 upgrades;
(vi) Council also plans to undertake remedial work in the basement, ground, first and second levels of its property at 74-76 Oxford Street;
(vii) Oxford Street has been in decline as a day-time destination for several years and its night-time economy has been severely impacted by the State Government’s new licensed premise lock-out laws, enacted in March 2014, which have had further flow-on effects for all the precinct’s businesses, both day-time and night-time;
(viii) the Foley Street Stage 1 upgrade has not attracted new tenants to the street;
(ix) many of Council’s Oxford Street properties are not under long-term lease at full commercial rates;
(x) many of Council’s Oxford Street commercial properties and creative spaces are empty;
(xi) Many of Council’s Oxford Street commercial properties are in very poor condition or uninhabitable; and
(B) Council request the Chief Executive Officer to:
(i) conduct a full and thorough review of the Oxford Street Property Plan;
(ii) report back to Council on the results of that review by the end of 2014;
(iii) devise a new and holistic strategy for the upgrading and redevelopment of all the Oxford Street properties owned by Council; and
(iv) begin implementation of the new Oxford Street strategy by mid-2015.
Variation. At the request of Councillor Scott, and by consent, the motion was varied in clause (B)(iii), such that it read as follows:
(iii) based on the principle from the City’s OPEN Sydney: future directions for Sydney at night strategy of delivering the best city environment for living, working, business and recreation, 24 hours a day, develop a new and holistic strategy for upgrading and redevelopment of all the Oxford Street properties owned by Council.
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Point of Order
Councillor Forster raised a point of order in that, when speaking on this matter, she had not stated that there be tower blocks in Oxford Street, as suggested by Councillor Green.
The Chair (the Lord Mayor) overruled the point of order.
Foreshadowed motion. Councillor Green foreshadowed that, should the motion moved by Councillor Forster be lost or withdrawn, she would move an alternative motion.
A show of hands on the motion moved by Councillor Forster resulted in an equality of voting as follows:
Ayes (5) Councillors Doutney, Forster, Mandla, Scott and Vithoulkas.
Noes (5) The Lord Mayor, Councillors Green, Kemmis, Kok and Mant
The Chair (the Lord Mayor) exercised her casting vote against the motion.
Motion lost.
Councillor Green then moved her foreshadowed motion, seconded by the Chair (the Lord Mayor) as follows:
It is resolved that Council note that:
(A) Oxford Street faces many challenges, created by complex factors arising over several decades, including the development of major retail centres at Bondi Junction and in the CBD, other market developments and NSW Government decisions, such as the introduction of the clearway and restrictions on licensed trading;
(B) of these challenges, the reversal of the NSW Government’s decision to make Oxford Street a clearway is the highest priority, as advocated by the City of Sydney, Woollahra Council, and the Darlinghurst and Paddington Business Partnerships, because the high volume of traffic creates a noisy and unpleasant environment at a time when most people want to eat or visit local shops;
(C) the Darlinghurst Business Partnership, which represents many Oxford Street businesses, recently wrote “for a long time, businesses from both City of Sydney and Woollahra have identified the removal of the clearways as a crucial aspect of successfully combating the problems faced by Oxford Street.”;
(D) Oxford Street’s challenges can only be solved by multiple agencies, governments and the private sector working together;
(E) the City of Sydney is working in collaborative partnership with the Darlinghurst Business Partnership, Paddington Business Partnership and Woollahra Council on joint initiatives to renew Oxford Street, and advocating for change by the NSW Government; and
(F) as part of the City’s own strategy for Oxford Street, the City:
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(i) invested more than $45 million on more than 50 individual projects to improve Oxford Street over the last six years, including upgrading footpaths, installing new lighting and providing new seating and landscaping;
(ii) adopts a strategic approach to the use of the City’s properties, including the creative spaces program, to achieve long term economic, social and cultural benefits, rather than short term financial gain for Council;
(iii) developed the Creative Spaces program, which has:
(a) provided affordable work spaces to over 150 artists and creative entrepreneurs;
(b) enabled several new successful creative enterprises being established, with tenants turning over between $5,000 and $25,000 in a single quarter and one tenant reporting turnover of over $100,000;
(c) increased diversification of the Oxford Street business mix; and
(d) increased custom for other Oxford Street businesses, with creative space tenants spending about $1 million on local goods and services through eating and shopping locally and, since the program began, has attracted over 45,000 visitors to Oxford Street;
(iv) refurbished the nearby Burton Street Tabernacle as the Eternity Playhouse, drawing theatregoers into the area, which are also patronising local restaurants, cafes and bars; and
(v) renewed Paddington Reservoir Gardens at a cost of approximately $10 million, and refurbished Paddington Town Hall to make it available as a performance space.
Point of Order
Councillor Forster raised a point of order in that Councillor Kemmis, when speaking on this matter, was not speaking to the motion on the table.
The Chair (the Lord Mayor) upheld the point of order.
The motion moved by Councillor Green was carried on the following show of hands –
Ayes (7) The Lord Mayor, Councillors Doutney, Green, Kemmis, Kok, Mant and Scott
Noes (3) Councillors Forster, Mandla and Vithoulkas.
Motion carried.
MILLERS POINT PUBLIC HOUSING - HERITAGE WORKS (S103139)
6. Moved by Councillor Green, seconded by Councillor Scott -
It is resolved that Council:
(A) note that:
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(i) the Government announced the sale of 293 public housing properties in Millers Point in March 2014;
(ii) all of the 293 properties are listed on the NSW State Heritage Register as part of the Millers Point Conservation Area. Of these properties, 214 are individually listed on the State Heritage Register;
(iii) the NSW Government has stated that there are no proposals to change the statutory heritage protection of these properties, and that the restoration and maintenance would be guaranteed through the sale process;
(iv) the NSW Government has previously sold 29 Millers Point properties with 99 year leases which included a list of works required to the specific property and timeframes for works, penalties and a heritage bond to ensure that the works were undertaken by approved heritage professionals;
(v) the NSW Government is selling the freehold title to the remaining properties. Conservation Management Plans are being prepared and sold with each property;
(vi) however, these Conservation Management Plans are not legally binding and there is no legal obligation to undertake specific heritage conservation works or ensure that restoration and conservation of individual properties takes place. Properties could be purchased and fall into a state of disrepair;
(vii) to secure the heritage restoration and conservation of these properties, a legal obligation to undertake specific heritage conservations works should be imposed as a covenant on the registered freehold title of each of the properties; and
(viii) the NSW Government may be offering current leasehold owners a conversion to freehold title in exchange for payment. This would remove the legal obligation to undertake specific heritage conservation works; and
(B) request that the Lord Mayor write to the NSW Government to:
(i) reaffirm the opposition of the City of Sydney Council to the sale of the 293 public housing properties;
(ii) retain the current leasehold arrangements for the previously sold Millers Point properties and the requirement to carry out heritage conservation works; and
(iii) state that, if the NSW Government proceeds with the sales of the public housing properties:
(a) they should be sold with 99 year leases with equivalent requirements for heritage works to previous leasehold sales; and
(b) if sold by freehold, a covenant should be placed on the registered title of any Millers Point property, to secure the repair, maintenance and conversation of the historic value of these properties.
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The motion was carried on the following show of hands –
Ayes (6) The Lord Mayor, Councillor Doutney, Green, Mant, Scott and Vithoulkas
Noes (1) Councillor Mandla.
Motion carried.
REVEREND JOHN CHARLES MCINTYRE (S103133)
7. Moved by Councillor Scott, seconded by the Chair (the Lord Mayor) -
It is resolved that:
(A) Council note the passing of Reverend John Charles McIntyre, former rector of St Saviour’s Anglican Church, Redfern on 6 June 2014;
(B) Council note the significant contribution of Reverend McIntyre to the community of Redfern throughout the 16 years he worked as the rector of St Saviour’s Anglican Church;
(C) all persons present in the Chamber stand for one minute’s silence to honour the life of Reverend McIntyre; and
(D) a letter be conveyed to Reverend McIntyre’s wife, Jan McIntyre, and family expressing Council’s sincere condolences.
Carried unanimously.
Note – Councillors, staff, press and members of the public stood in silence for one minute in honour of Reverend McIntyre.
CONDEMNATION OF RACISM IN THE CITY OF SYDNEY (S103133)
8. Moved by Councillor Scott, seconded by Councillor Kok -
It is resolved that Council:
(A) note the Resolution of Council (12 May 2014) endorsing the Australian Human Rights Commission’ National Anti-Racism Strategy and campaign “Racism. It Stops With Me”; (B) condemn in the strongest possible terms the sentiments expressed in xenophobic flyers and reported incidents of racism occurring recently in the City of Sydney; and
(C) write to the Australian Human Rights Commission’s Race Discrimination Commissioner to seek advice on further actions the City could take to combat racism.
Carried unanimously.
1831 Monday 25 August 2014
CITY OF SYDNEY JOB PROGRAM APP (S103138)
9. Moved by Councillor Vithoulkas, seconded by Councillor Scott -
It is resolved that Council:
(A) note that:
(i) the City of Sydney’s Retail Action Plan 2013 highlights that the retail sector is a direct contributor to Sydney’s economy. At last count (2012), there were over 21,500 unique businesses within the City of Sydney Local Government Area (LGA);
(ii) these businesses spanned a wide spectrum of industries and employed more than 437,000 workers;
(iii) in 2012 there were 7,867 retail-related businesses in the LGA or 36 per cent of all business establishments in the LGA. Retail businesses employed 66,169 workers which represents 15.14 per cent of the city’s workforce, well above the national average of 10.7 per cent;
(iv) the retail workforce comprises a higher proportion of part-time and casual workers when compared with other industries. In the City of Sydney LGA, 45.3 per cent of retail workers are part-time or casual compared with 16.4 per cent across all industries;
(v) at the same time the City of Sydney’s Retail Action Plan 2013 highlights encouragement of the development of a diverse workforce as a point of action detailing the following priorities:
(a) support the development and implementation of programs to increase the level of Aboriginal and Torres Strait Islander employment in the retail sector; and
(b) facilitate partnerships between the vocational and higher education organisations and the retail sector to pursue research, knowledge and skills development as well as opportunities for entry-level employment;
(vi) youth unemployment is an ongoing issue. In 2011 Census data showed 13.4% of the City of Sydney's labour force aged 15 to 24 years was classed as unemployed compared to 12.6% in Greater Sydney;
(vii) facilitating meaningful and cost effective connections between employers, community groups and those seeking work is a priority to reduce unemployment and meet labour needs for retail and other sectors in the City of Sydney;
(viii) a recruitment and training multi-platform app currently exists which, at a cost of $15,000 plus GST in total, would provide the mobile technology to enable the City to facilitate an innovative partnership in community job creation, assisting in meeting some of the strategic points of action in the City’s Retail Action Plan;
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(B) request that the Chief Executive Officer investigate the cost and feasibility of funding an innovative app “The City of Sydney Job Program” that will assist with job creation and employment in the City of Sydney and ensure it meets the criteria of:
(i) engaging young people, individuals, local job access networks, large community employers, shopping and community centre managers, secondary and tertiary education institutions and training colleges;
(ii) promoting suitable candidates for roles through data matching;
(iii) enabling job seekers to register for free with a single low cost for employers;
(iv) promoting community job creation and assisting local businesses to lower costs and support increased revenue;
(v) engaging with local job agencies, Indigenous Employment Strategy, Disability Employment Services, Job Services Australia providers as well as Registered Training Organisation’s for apprentices and other subsidised workers;
and report back to Council via CEO Update; and
(C) approve funding of $15,000 plus GST to implement the “City of Sydney Job Program App”
Variation. Following discussion, at the request of Councillor Vithoulkas, and by consent, the motion was varied by the deletion of clause (C) and the substitution of the following new clause (C):
(C) request that the Chief Executive Officer report back to Councillors via a CEO Update by the November 2014 Council meeting.
The motion, as varied by consent, was carried unanimously.
AFFORDABLE HOUSING IN BARANGAROO (S103133)
10. Moved by Councillor Scott, seconded by Councillor Doutney -
It is resolved that Council:
(A) note:
(i) the City of Sydney’s target of 7.5% of all dwellings in the City of Sydney to be affordable housing dwellings by 2030;
(ii) in 2013, only 0.7% of all dwellings in the City of Sydney were affordable housing dwellings;
(iii) the urgent need for action by Council to facilitate and advocate for affordable and low-cost rental housing in the City of Sydney; and
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(iv) on-site, affordable housing dwellings at Barangaroo are vital to the overall development of the precinct;
(B) request the Chief Executive Officer (CEO) write to the Barangaroo Development Authority (BDA) to seek their assurance that they will maintain the requirement, under the Project Development Agreement, that 2.3 per cent of residential floor area of the Barangaroo development will be dedicated as on-site key worker housing;
(C) further request that the CEO write to the BDA to request the BDA exercise their option under the Project Development Agreement to provide an increase in key worker housing for the Barangaroo development, which is to be designed and carried out by the Developer at a price which does not include the development profit; and
(D) write to the Minister for Planning calling on her to provide assurances that heritage protection, including the obligation to carry out short-, medium-, and long-term conservation works by approved heritage professionals, payment of heritage bonds, and heritage compliance checks will be undertaken on heritage-listed, public housing properties sold in Millers Point.
Variation. At the request of Councillor Mant, and by consent, the motion was varied such that it read as follows:
It is resolved that Council:
(A) note:
(i) the City of Sydney’s target of 7.5% of all dwellings in the City of Sydney to be affordable housing dwellings by 2030;
(ii) in 2013, only 0.7% of all dwellings in the City of Sydney were affordable housing dwellings;
(iii) the urgent need for action by all levels of government to facilitate and advocate for affordable and low-cost rental housing in the City of Sydney; and
(iv) on-site, affordable housing dwellings at Barangaroo are vital to the overall development of the precinct;
(B) request the Lord Mayor write to the Barangaroo Delivery Authority (BDA) to seek their assurance that they will maintain the requirement, under the Project Development Agreement, that 2.3 per cent of residential floor area of the Barangaroo development will be dedicated as on-site key worker housing; and
(C) further request that the Lord Mayor write to the BDA to request the BDA exercise their option under the Project Development Agreement to provide an increase in key worker housing for the Barangaroo development, which is designed and carried out by the Developer at a price which does not include the development profit.
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The motion, as varied by consent, was carried on the following show of hands –
Ayes (9) The Lord Mayor, Councillors Doutney, Forster, Green, Kemmis, Kok, Mant, Scott and Vithoulkas
Noes (1) Councillor Mandla.
Motion carried.
At 11.17pm the meeting concluded.
Chair of a meeting of the Council of the City of Sydney held on 15 September 2014 at which meeting the signature herein was subscribed.