COUNCIL
Meeting No 11 Monday 21 September 2009 Notice No 11/1490 Notice Date 17 September 2009
Monday 21 September 2009 910
INDEX TO MINUTES
ITEM PAGE NO
1. CONFIRMATION OF MINUTES...... 913
2. DISCLOSURES OF INTEREST ...... 913
3. MINUTES BY THE LORD MAYOR –
3.1 ABANDONED SHOPPING TROLLEYS ...... 914
3.2 SYDNEY MORNING HERALD – PUBLIC TRANSPORT ENQUIRY..... 915
3.3 LIQUOR FREEZE...... 918
3.4 PLANNING FOR THE BAYS PRECINCT ...... 922
4. MEMORANDA BY THE CHIEF EXECUTIVE OFFICER –
4.1 ELECTION OF DEPUTY LORD MAYOR ...... 924
4.2 CENTRAL SYDNEY PLANNING COMMITTEE – ELECTION OF COUNCILLORS ...... 925
4.3 COUNCIL COMMITTEES – FUNCTIONS, MEMBERSHIP, ELECTION OF CHAIRPERSONS ...... 929
4.4 TRAFFIC COMMITTEE – FUNCTION, MEMBERSHIP, ELECTION OF CHAIRPERSON...... 940
5. QUESTION TIME...... 945
6. MATTERS FOR TABLING ...... 957
7. REPORT OF THE CORPORATE, FINANCE, PROPERTIES AND TENDERS COMMITTEE - 14 SEPTEMBER 2009...... 958
7.1 DISCLOSURES OF INTEREST...... 958
7.2 INVESTMENTS HELD AS AT 31 AUGUST 2009 ...... 959
7.3 PRESENTATION OF 2008/09 ANNUAL FINANCIAL REPORTS TO COUNCIL ...... 959
7.4 COUNCILLORS' EXPENSES POLICY – PUBLIC EXHIBITION...... 959
7.5 PROPOSED LEASE – PORTION OF GOULBURN STREET ADJOINING 251-253 GOULBURN STREET SURRY HILLS ...... 960
7.6 EXEMPTION FROM TENDER - 2010 SYDNEY NEW YEAR'S EVE CREATIVE DIRECTOR ENGAGEMENT...... 960
7.7 TENDER – PREVENTATIVE AND REACTIVE MAINTENANCE OF MECHANICAL SERVICES ...... 961
911 Monday 21 September 2009
INDEX TO MINUTES
ITEM PAGE NO
7.8 TENDER - CHIPPENDALE CHILD CARE MANAGEMENT ...... 961
7.9 TENDER – SUPPLY OF 100% GREENPOWER...... 961
7.10 TENDER - DECENTRALISED ENERGY MASTER PLAN - RENEWABLE ENERGY ...... 962
7.11 TENDER - STRATEGIC ADVISOR URBAN RENEWAL ...... 962
7.12 TENDER - PRINCE ALFRED PARK POOL UPGRADE – ELECTRICAL SUBSTATION AND ASSOCIATED WORKS ...... 962
7.13 TENDER - UNION STREET CYCLEWAY PYRMONT ...... 963
7.14 TENDER – PRIORITY CYCLEWAY - BOURKE ROAD, MANDIBLE STREET AND BOWDEN STREET, ALEXANDRIA ...... 963
7.15 TENDER - BUSINESS CASE TO ESTABLISH AN ALTERNATIVE WASTE TECHNOLOGY FACILITY...... 964
8. REPORT OF THE ENVIRONMENT AND HERITAGE COMMITTEE – 14 SEPTEMBER 2009...... 965
8.1 DISCLOSURES OF INTEREST...... 965
8.2 OFF-LEASH PROPOSAL – ISABELLA HILLS REST AREA ERSKINEVILLE ...... 965
8.3 PITT STREET MALL REFURBISHMENT – CATENARY LIGHTING – CONCEPT DESIGN...... 966
8.4 SCOPING – PRINCE ALFRED PARK GREEN TRANSFORMER STUDY ...... 966
9. REPORT OF THE CULTURAL AND COMMUNITY SERVICES COMMITTEE – 14 SEPTEMBER 2009 ...... 968
9.1 DISCLOSURES OF INTEREST...... 968
9.2 DELEGATION VISIT TO GUANGZHOU CHINA – NOVEMBER 2009 ...... 969
9.3 SPONSORSHIP REQUEST – SYDNEY MUSIC ARTS AND CULTURE (SMAC) AWARDS ...... 969
9.4 ALLOCATION OF LOCAL ACTION PLAN MATCHING GRANTS – ROUND TWO...... 970
9.5 PUBLIC ART ADVISORY PANEL – REAPPOINTMENT OF MEMBERS ...... 975
Monday 21 September 2009 912
INDEX TO MINUTES
ITEM PAGE NO
9.6 RAINBOW FLAGS...... 975
9.7 SMOKING IN THE PUBLIC DOMAIN...... 976
10. REPORT OF THE PLANNING DEVELOPMENT AND TRANSPORT COMMITTEE - 14 SEPTEMBER 2009...... 977
10.1 DISCLOSURES OF INTEREST...... 978
10.2 GENERAL BUSINESS ...... 979
10.3 DEVELOPMENT APPLICATION: 1-3 MACARTHUR STREET ULTIMO - INTERNATIONAL GRAMMAR SCHOOL...... 979
10.4 DEVELOPMENT APPLICATION: 1 SPARKES LANE CAMPERDOWN ...... 988
10.5 DEVELOPMENT APPLICATION: 181 GLEBE POINT ROAD GLEBE ...... 989
10.6 DEVELOPMENT APPLICATION: 21-23 ERSKINEVILLE ROAD NEWTOWN ...... 994
10.7 DEVELOPMENT APPLICATION: 184-190 PITT STREET-168- 174 PITT STREET AND 432-450 GEORGE STREET SYDNEY - PITT STREET MALL BRIDGES ...... 1004
10.8 SECTION 96 APPLICATION: 261-265 CHALMERS STREET REDFERN ...... 1013
10.9 DEVELOPMENT APPLICATION: 261-265 CHALMERS STREET REDFERN ...... 1014
11. QUESTIONS ON NOTICE...... 1016
12. SUPPLEMENTARY ANSWERS TO PREVIOUS QUESTIONS...... 1019
13. NOTICES OF MOTION...... 1033
PRESENT
The Right Hon The Lord Mayor Councillor Clover Moore MP (Chair)
Councillors - Phillip Black, The Hon Dr Meredith Burgmann, Irene Doutney, Chris Harris, Marcelle Hoff, Robert Kok, Shayne Mallard, John McInerney and Di Tornai.
913 Monday 21 September 2009
At the commencement of business at 5.05pm, those present were:-
The Lord Mayor, Councillors Black, Burgmann, Doutney, Harris, Hoff, Kok, Mallard, McInerney and Tornai.
The Chief Executive Officer, Director City, Community and Cultural Services, Director City Engagement, Director City Projects, Director City Strategy and Design, Director Property, Director Legal Services, Director City Planning and Regulatory Services and Acting Director Corporate Services were also present.
Order of Business
During discussion on Item 10, in accordance with Clause 239(2) of the Local Government (General) Regulation 2005, Council resolved that the Order of Business be altered such that Items 10.6 to 10.9 inclusive be brought forward and dealt with before Items 10.3 and 10.4.
Opening Prayer
The Lord Mayor opened the meeting with prayer and an acknowledgement of country.
ITEM 1 CONFIRMATION OF MINUTES
Moved by Councillor Tornai, seconded by Councillor McInerney –
That the minutes of meeting of Council of Monday 31 August 2009, as circulated to Councillors, be confirmed.
Carried unanimously.
ITEM 2 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 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.
Monday 21 September 2009 914
ITEM 3.1 ABANDONED SHOPPING TROLLEYS
FILE NO:
MINUTE BY THE LORD MAYOR
To Council:
The number of shopping trolleys dumped in public areas of the City has increased dramatically. Many of the retailers who should be managing their trolleys are not meeting their responsibility.
Abandoned trolleys can obstruct and endanger pedestrians, can damage motor vehicles and are often used as impromptu rubbish bins. They are dumped in our parks and landscaped nature strips. They have environmental impacts when they enter waterways and can interfere with public services. Abandoned shopping trolleys are unacceptable urban blight.
Most retailers who provide shopping trolleys are required to have a management plan detailing how they will keep trolleys on their site and recover any trolleys that leave the site. Typically this requires abandoned trolleys to be collected within 24 hours.
In the last 12 months the City has reported over 9,000 trolleys abandoned on public land. This does not include trolleys left on private land, such as HousingNSW properties, schools and church lands.
Over the past year, most of the abandoned trolleys the City has reported on public land have belonged to Coles (74%). Other trolleys reported belonged to Harris Farm (8%), Kmart (5%), Woolworths (4%), BI-LO (2%), Franklins (1%) and Target (1%). Five percent were not branded.
The City has had little response from its attempts to work with retailers to prevent abandoned trolleys. Some retailers seem to rely on Council staff and residents reporting the trolleys, rather than taking responsibility for finding and collecting them.
It is not appropriate for Council to subsidise retailers by continually recording and reporting trolleys, and then reinspecting to check if they have been collected. Retailers need effective systems to manage their shopping trolleys.
I propose a new strategy to deal with this problem, which includes:
strengthening consent conditions for applicable new developments to ensure all shopping trolleys remain and are contained within the shopping complex;
informing all relevant retailers of our concern and asking them to detail what actions they will take to contain all trolleys within the boundaries of their property;
impounding abandoned trolleys by using the authority of the Impounding Act 1993 to remove abandoned and unattended items on the public way;
imposing a collection fee on the trolley owner when the trolley is reclaimed; and
auctioning or disposing of any unclaimed shopping trolleys after 28 days.
915 Monday 21 September 2009
RECOMMENDATION
It is resolved that:
(A) the Chief Executive Officer write to relevant retailers informing them of the City’s concern about abandoned shopping trolleys, the strategies being developed by the City to address this problem, and the actions required by retailers;
(B) following notification to relevant retailers, the City implement a policy of impounding all abandoned trolleys and releasing them on payment of a collection fee;
(C) the new collection fee be placed on public exhibition for a period of 28 days prior to submission to Council for endorsement; and
(D) the Chief Executive Officer develop and implement operational procedures for the effective management of abandoned shopping trolleys, as outlined in this Minute.
COUNCILLOR CLOVER MOORE MP Lord Mayor
Moved by the Chair (the Lord Mayor), seconded by Councillor McInerney -
That the Minute by the Lord Mayor be endorsed and adopted.
Carried unanimously.
ITEM 3.2 SYDNEY MORNING HERALD – PUBLIC TRANSPORT ENQUIRY
FILE NO:
MINUTE BY THE LORD MAYOR
To Council:
The City of Sydney has set a target of reducing greenhouse gas emissions by 70 per cent by 2030 based on 2006 levels. This ambitious target is based on evidence that strong action is essential to play our part in averting global warming.
Sustainable Sydney 2030 identifies where the reductions must come from: the key areas are buildings, energy and transport. Transport changes alone could reduce Sydney’s green house gas emissions by at least five per cent over the next 20 years.
Our research for Sustainable Sydney 2030 shows that the renewal of public transport infrastructure is also critical for Sydney’s economic and social sustainability. Our railway network has historically served us well, but under-investment in public transport infrastructure is now affecting our status as a global city, undermining Sydney’s liveability, and impacting on the national economy.
The City of Sydney is geographically small, but generated GDP of about $74 billion in 2007/08, one twelfth of the national GDP and one quarter of the NSW economy. The City of Sydney has a unique responsibility for the valuable commercial, retail and residential core of Sydney. Ensuring residents, workers, shoppers, visitors and tourists get safely and easily into and around central Sydney provides benefit and is of significance for all Sydney and Australia.
Monday 21 September 2009 916
Our Asian neighbours recognise that good, efficient public transport is essential for the success of a modern city. Cities such as Singapore and Shanghai are investing billions in public transport.
We need comparable investment to achieve the significant modal shift in travel patterns that will firmly establish Sydney’s place as a successful, sustainable global city for the future. It is a necessary response to the global economy, peak oil impacts and climate change.
Independent Public Inquiry
The Sydney Morning Herald has launched an Independent Public Inquiry to create a Long-term Public Transport Plan for Sydney. The plan will cover the following topics: the optimisation and integration of existing public transport operations (including ferry, bus, light rail and heavy rail); the expansion of public transport services and infrastructure, as well as cycle commuting infrastructure, over a 30-year planning horizon, taking into account existing transport accessibility problems and integration with future land use changes; the most appropriate governance arrangements to guarantee the plan's longevity to remove the negative impact of single-term party politics and to optimise investments; key environmental sustainability issues; key social and economic issues;
proposals for short-term and long-term funding; and the cost-effectiveness of solutions, taking into account short-term financial costs and benefits, and longer term environmental, congestion and other external costs and land use and accessibility benefits.
The Inquiry is chaired by Mr Ron Christie AM, who will be assisted by independent experts. It aims to develop a plan that can assist the public and government to make informed decisions about priorities for transport investment.
The inquiry has also commissioned research into transport funding. The first project, by Allen Consulting, is to determine in detail potential sources of funding for public transport in Sydney. The second work, by the Centre for Choice at the University of Technology, Sydney, is testing public acceptance of the options that emerge from the first project.
The Inquiry has invited submissions and is holding public hearings. A preliminary report will be issued by the end of this year and a final report published by autumn next year.
Further information on the inquiry, including background papers, is available at www.transportpublicinquiry.com.au. Public submissions close on 8 October 2009.
The City’s Transport Strategy
Through our extensive research and consultation for Sustainable Sydney 2030, the City has established a strong public mandate for action by all levels of government, local, state and federal, to re-imagine and re-invest in our transport systems.
Sustainable Sydney 2030 envisages a green future for our City: not congested, polluted, noisy, traffic-dominated and difficult to get around, but transformed through a coordinated program of pedestrian, cycling, public domain and transport improvements.
917 Monday 21 September 2009
We engaged Professor Jan Gehl to assess our streets and he has urged us to allocate more quality space for pedestrians and cyclists. He proposed a dedicated north-south public transport corridor, linked by a series of public squares and transformed into a central thoroughfare for people to walk, cycle and travel on light rail.
We are creating a 200km City bike network over four years, including 55km of safe separated cycleways, and have worked with 14 surrounding councils to map out a 245km regional network. This work will establish cycling as a practical and desirable means of daily transport for adults and children alike.
These changes require traffic calming, a parking and servicing strategy, and a rational street hierarchy for designated pedestrian streets, vehicle transit streets, boulevards, general streets and slow streets as shared zones.
With effective public transport, we can enable the necessary significant shift away from car dependency. The public transport system must include the appropriate mode for the local area’s density and needs - including light rail, heavy rail, metro and bus - with seamless interchanges and integrated ticketing.
We know inner Sydney particularly needs an extended light rail network, including a CBD light rail loop and a line to Green Square, to support high population densities and continued economic development.
Reform is essential. The first step must be the creation of a single Government transport coordination body with responsibility and expertise for an integrated transport plan, and the authority to implement it. There are too many government agencies currently involved, often with competing priorities and agendas.
To rebuild public trust and ensure a lasting commitment, it is also essential that the integrated transport plan be underpinned by legislative guarantees that contain clear targets that are regularly and publically reported. This would secure long-term funding for the plan’s full implementation and ensure that future governments are held accountable.
City of Sydney Support and Submission
I believe that the City can take a leadership role in supporting this Inquiry, encouraging our communities to participate, and making a detailed, practical submission based on our research and expertise.
The Sydney Morning Herald has requested that the City of Sydney further support the inquiry by: providing free use of a City venue to hold a public meeting to discuss transport issues specific to Central Sydney; and helping pay for the research work into long-term funding sources for public transport.
This Inquiry provides an opportunity for us to significantly contribute toward the development of a planned, sustainable, integrated transport plan for all of Sydney.
Monday 21 September 2009 918
RECOMMENDATION
It is resolved that:
(A) Council request the Chief Executive Office prepare a submission to the Independent Public Inquiry for a Long-term Public Transport Plan for Sydney, in line with Sustainable Sydney 2030 and the principles in this Lord Mayoral Minute;
(B) authority be delegated to the Chief Executive Officer to finalise the submission in consultation with the Lord Mayor;
(C) Council approve a grant of $10,000 to the Independent Transport Inquiry to fund research work into long-term funding sources; and
(D) Council approve a grant of cash and in-kind up to a value of $10,000 for use of a City of Sydney venue and promotions for a meeting to address Central Sydney transport issues.
COUNCILLOR CLOVER MOORE MP Lord Mayor
Moved by the Chair (the Lord Mayor), seconded by Councillor McInerney –
That the Minute by the Lord Mayor be endorsed and adopted.
Carried unanimously.
ITEM 3.3 LIQUOR FREEZE
FILE NO: S076570
MINUTE BY THE LORD MAYOR
To Council:
The Liquor Amendment (Temporary Licence Freeze) Bill 2009 was introduced into Parliament on 3 September 2009 and passed by the Legislative Assembly on 10 September 2009. A copy of the Bill, which should be debated in the Legislative Council this week, is at Attachment A.
I welcome this action by the State Government and recommend that the City of Sydney also establish a freeze for potential new and expanded footway dining areas for premises that are covered by the legislation.
The Liquor Freeze Bill responds to my question in Parliament in June seeking legislative support for Council’s action to address the safety and amenity impacts of what has become a large, drunken, violent, street event every weekend in some City precincts. The problems go beyond the impact of specific venues and are created by the concentration of venues and alcohol-fuelled people on the streets.
919 Monday 21 September 2009
Liquor licences in the City, where residents live in the highest densities in the State, outnumber licences within the whole of NSW by a ratio of more than five to one. It is not sustainable to allow the number of licensed premises to expand indefinitely in areas where there is a record of serious alcohol-related violence and anti-social behaviour.
The Bill provides for a 12 month freeze on liquor licence applications and related development applications in three seriously affected precincts in Kings Cross, Oxford Street Darlinghurst and southern George Street in the CBD. Liquor licence applications already lodged at the time of the Premier’s announcement and development applications lodged prior to the Bill’s introduction into Parliament are not covered by the freeze.
The aim of the Bill is to halt the growth in patron numbers in these precincts and to prevent a further deterioration of safety and amenity, while longer-term, integrated, evidence-based and sustainable solutions are developed and implemented. Under the Bill, new venues in the identified precincts will generally not be able to open up and existing venues will not be able to increase their trading hours or patron capacities.
I want to use this freeze to work with the State Government and the new Sydney Liquor Taskforce to achieve effective long-term action. We need clear and enforced licensing obligations; effective dialogue with residents; adequate late night transport; joint operations involving police, council and the Office of Liquor Gaming and Racing; benchmarks for noise and amenity standards; and planning measures to help councils control new licensed venues in high-risk areas.
I also want the City to use this opportunity to continue promoting the growth of small bars and other alternative venues that help support young creative talent and provided a more civilised and diverse drinking culture. There are many opportunities for small bars to create a genuine alternative, outside the streets with serious alcohol-related problems that the liquor freeze is seeking to address.
Ten small bars currently operate in the City and another 18 are at various stages in the development application process. More bars have been approved here in the first year of the new licensing regime than during the equivalent period in Melbourne.
In order to promote small bars, the City hosts seminars to provide support, advice and assistance to people who want to open a new small bar in Sydney. The City also has a program to upgrade laneways with alfresco dining, theatrical spaces, new paving and art boxes. From October to January our By George! art program will transform laneways off George Street with a range of exciting temporary art installations.
Freeze Precincts
The three precincts included in the freeze have been defined due to the density of licensed premises and the level of alcohol-related violence. The precincts are:
1. Kings Cross: Darlinghurst Road from William Street to the start of Macleay Street. Bayswater Road from Darlinghurst Road to the Ward Avenue intersection.
2. Oxford Street, Darlinghurst: Oxford Street from Whitlam Square to the Flinders Street intersection (at Taylor Square). Flinders Street from Oxford Street to Short Street. Numbers 10-20 Oxford Square.
Monday 21 September 2009 920
All streets and laneways enclosed by the following streets: o Crown Street from Oxford Street to the Campbell Street. o Campbell Street from Crown Street to Bourke Street. o Patterson Lane from Bourke Street to Flinders Street.
3. Southern CBD Precinct: George Street from Park Street to Hay Street. Liverpool Street from George Street to Castlereagh Street. Goulburn Street from Harbour Street to Castlereagh Street.
Freeze Licence Categories
The freeze on liquor licences is effective from the date of the Premier’s announcement on 25 June 2009 until 24 June 2010.
The following licence categories are included in the freeze for new licences and for extended trading applications:
Hotel licence Club licence On-premises licence that relates to a public entertainment venue Packaged liquor licence Producer/wholesaler licence
Authorisations for on-premises licences for venues other than those providing public entertainment (including for restaurants) are also included in the freeze if they: increase the patron capacity of the premises; or increase the number of people able to enter the freeze precinct.
The Bill also restricts the granting of extended hours, the variation or revocation of certain liquor licence conditions, the issue of “primary service authorisations” (allowing the service of alcohol without an accompanying meal) and restricts the ability to change the boundaries of licensed premises.
Development Application (DA) Freeze
The freeze on development applications is effective from the date of the Bill’s introduction into Parliament on 3 September 2009 until 24 June 2010.
The Bill requires that the consent authority (which for the proposed precincts will generally be the City) must not grant development consent to premises subject to the liquor licence freeze, located in the freeze areas. This includes DAs for new premises and those seeking to increase patron capacity via trading hours of expansion of premises. The Bill provides that there is no right of appeal to the Land and Environment Court based on a deemed refusal for these types of applications during the freeze period.
Exempted from the DA freeze are restaurants and development applications lodged prior to the day that the Bill was introduced into parliament.
921 Monday 21 September 2009
Footway Freeze
Consistent with the aims of the Bill, I recommend that Council implement a freeze on new and extended footway seating areas for premises subjected to the liquor licence freeze.
This footways freeze supports the principles of the Bill by ensuring that new or expanded outdoor seating areas do not increase patron capacity of the premises or increase the number of people likely to enter the freeze precinct principally to consume alcohol.
It will mean that Council will not grant footway applications for new venues and for venues with existing footway areas seeking to extend trading hours or increase capacity. This applies to all licensed premises affected by the freeze.
Footway dining approvals will still be assessed in accordance with the City’s ordinary processes for licensed venues outside of the freeze area, and will still be considered for non-licensed premises within the freeze areas (such as cafés).
In line with the Bill’s principle that applications already lodged are not affected, I propose that the footway freeze commence from 21 September 2009. A list of footway applications currently being assessed for the freeze precincts is at Attachment B.
RECOMMENDATION
It is resolved that:
(A) Council endorse the directions proposed by the Liquor Amendment (Temporary Licence Freeze) Bill 2009; and
(B) Council not grant new or expanded footway approvals that will intensify use for premises that are subject to the licence freeze, as outlined in the Liquor Amendment (Temporary Licence Freeze) Bill 2009, effective from the date of this resolution; and
(C) authority be delegated to the Lord Mayor and Chief Executive Officer to continue working with the State Government on strategies to address the cumulative impact of licensed premises, particularly in those City areas at or above saturation.
COUNCILLOR CLOVER MOORE MP Lord Mayor
Moved by the Chair (the Lord Mayor), seconded by Councillor McInerney -
That the Minute by the Lord Mayor be endorsed and adopted.
Carried unanimously.
Monday 21 September 2009 922
ITEM 3.4 PLANNING FOR THE BAYS PRECINCT
FILE NO: S072608
MINUTE BY THE LORD MAYOR
To Council:
The Bays Precinct - an 80 hectare site covering Glebe Island, White Bay, White Bay Power Station, Rozelle Bay, Rozelle Rail Yards and Blackwattle Bay, including Sydney Fish Market - is highly significant for Sydney’s future.
The Precinct encompasses the western boundary of the City of Sydney and includes sites that are important for implementing our Sustainable Sydney 2030 strategy.
The State Government has commenced a planning process for the Bays Precinct that is guided by the Bays Precinct Taskforce, composed of State Government representatives including the Sydney Harbour Foreshore Authority; Department of Premier and Cabinet; Sydney Ports Corporation; NSW Maritime Authority; NSW Treasury; Department of Planning; Department of State and Regional Development; Ministry of Transport and the Sydney Metro Authority.
I am concerned that local elected Members of Parliament and Councils are not participating on the Bays Precinct Taskforce. The process needs to include democratically elected representatives if it is to be accountable and get the right outcome.
Local Government representatives particularly need to be involved if the process is to effectively address local and state planning objectives. The process needs to acknowledge our planning role and strategic knowledge. The City of Sydney has significant relevant expertise and has made a major contribution to the waterfront through work on the Glebe Foreshores, Water Police Site, Beare Park and Rushcutters Bay Park.
The State Government has also established a Bays Precinct Community Reference Group to canvas the views of local community representatives. The Minister for Planning invited the City to participate in the Community Reference Group and I have asked the Deputy Lord Mayor to represent me on the Reference Group.
The Community Reference Group has been told that its role is for a limited area of the Precinct only, covering Glebe Island, White Bay and White Bay Power Station. Focus on this limited area is likely to fragment planning and will not ensure an integrated and community-endorsed vision for the whole Bays Precinct area.
Strategic issues
The Bays Precinct provides a unique opportunity to achieve a world-class Harbour- oriented renewal.
I believe the most important issues to be addressed are:
maximising public access to our foreshores;
923 Monday 21 September 2009
achieving opportunities for public open space, especially linked with existing and potential open space (such as Wentworth Park and the Fish Markets); enhancing people’s rightful enjoyment of views to the Harbour, including not diminishing views through massive and bulky marina developments; focusing on opportunities for harbour-related activities, including sailing, rowing and water-based public transport; maintaining the harbour’s industrial and maritime heritage; and ensuring any development is mixed use, including associated maritime uses.
Strengthening the Planning Framework
A strategic framework is needed for the entire Bays Precinct, beginning with agreement on a set of planning principles. Attachment A includes draft principles that can be refined through an effective public engagement process, as the first stage of strategic planning for the entire Precinct.
Detailed master plans can subsequently be created for each local area that relate to each site’s unique location and opportunities. Existing master plans for Blackwattle Bay and Rozelle Bay can form the basis of the planning for those specific areas, but should not restrict opportunities to establish a visionary and sustainable planning framework.
I believe that the City’s work on Sustainable Sydney 2030 provides a model for the Bays Precinct. This important Sydney Harbour precinct needs a world-class planning vision developed through an effective public engagement and detailed research.
RECOMMENDATION
It is resolved that Council:
(A) request that the State Government include the City of Sydney and other relevant Local Councils on the Bays Precinct Taskforce;
(B) request that the State Government broaden the Terms of Reference of the Community Reference Group to include all areas of the Bays Precinct;
(C) request the Chief Executive Officer develop, in consultation with the Lord Mayor, a detailed proposal for the State Government outlining the City’s vision for the Bays Precinct, in line with the planning principles in Attachment A to this Minute; and
(D) endorse the Lord Mayor to work with the State Government to achieve improvements to the Bays Precinct strategic planning process, in line with the framework in this Lord Mayoral Minute.
COUNCILLOR CLOVER MOORE MP Lord Mayor
Moved by the Chair (the Lord Mayor), seconded by Councillor Hoff -
That the Minute by the Lord Mayor be endorsed and adopted.
Carried unanimously.
Monday 21 September 2009 924
ITEM 4.1 ELECTION OF DEPUTY LORD MAYOR
FILE NO: S062388
MEMORANDUM BY THE CHIEF EXECUTIVE OFFICER
To Council:
Section 231 of the Local Government Act 1993 provides:
(1) The councillors may elect a person from among their number to be the deputy mayor.
(2) The person may be elected for the mayoral term or a shorter term.
Section 249 of the Act provides:
(5) A council may pay the deputy mayor (if there is one) a fee determined by the council for such time as the deputy mayor acts in the office of the mayor. The amount of the fee so paid must be deducted from the mayor’s annual fee.
On 5 June 2000 the City of Sydney Council resolved to:
“Pay Councillors the maximum of the range (as determined annually by the Local Government Remuneration Tribunal) as a matter of standing policy.
Pay the Lord Mayor the maximum of the range (in addition to his fee as a Councillor) - as a matter of standing policy (less the Deputy Lord Mayor’s fee).
Pay the Deputy Lord Mayor, in addition to her fee as a Councillor, an amount equal to 10% of the mayoral fee actually paid to the Lord Mayor as a matter of standing policy.”
At the Council meeting of 29 September 2008, Councillor Marcelle Hoff was elected Deputy Lord Mayor until 30 September 2009.
Nominations are to be made in writing by two or more Councillors (one of whom may be the nominee). Nomination forms will be provided to Councillors.
The Local Government (General) Regulation 2005 provides the method of conducting an election for Deputy Lord Mayor. The last time the Deputy Lord Mayor’s position was contested the method of voting selected by the Council was open, exhaustive voting.
RECOMMENDATION:
It is resolved that:
(A) Council elect a Deputy Lord Mayor for a term effective immediately until 30 September 2010;
(B) the method of voting be by open, exhaustive voting; and
(C) the Chief Executive Officer conduct the election forthwith.
MONICA BARONE Chief Executive Officer
925 Monday 21 September 2009
Moved by the Chair (the Lord Mayor), seconded by Councillor McInerney –
It is resolved that:
(A) Council elect a Deputy Lord Mayor for a term effective immediately until 30 September 2010;
(B) the method of voting be by open, exhaustive voting; and
(C) the Chief Executive Officer conduct the election forthwith.
Carried unanimously.
At this stage of the meeting, the Chief Executive Officer, as Returning Officer, called upon the Manager Council Business to assist with the conduct of the ballot.
The Manager Council Business announced that two duly completed, written nominations had been received, namely –
Councillor Phillip Black (nominated by Councillor McInerney, seconded by Councillor Hoff)
Councillor Chris Harris (nominated by Councillor by Councillor Doutney, seconded by Councillor Harris)
An election for the position of Deputy Lord Mayor was then conducted and resulted as follows –
Councillor Black - 7 votes Councillor Harris - 2 votes
(Note – Councillor Mallard abstained from voting on the position of Deputy Lord Mayor.)
The Manager Council Business then declared Councillor Phillip Black duly elected to the office of Deputy Lord Mayor in accordance with the provisions of Section 231 of the Local Government Act 1993 for a term commencing immediately and ending on 30 September 2010.
ITEM 4.2 CENTRAL SYDNEY PLANNING COMMITTEE - ELECTION OF COUNCILLORS
FILE NO: S062388
MEMORANDUM BY THE CHIEF EXECUTIVE OFFICER
To Council:
The Central Sydney Planning Committee (CSPC) is constituted by the City of Sydney Act 1988.
Section 34(1) of the Act provides that the Committee shall consist of seven members:
(a) the Lord Mayor of Sydney,
Monday 21 September 2009 926
(b) 2 councillors of the City of Sydney elected by the City Council,
(c) 4 persons (2 of whom are senior State government employees and 2 of whom are not State or local government employees) appointed by the Minister administering Part 4 of the Planning Act, each having expertise in at least one of architecture, building, civic design, construction, engineering, transport, tourism, the arts, planning or heritage.
The persons appointed by the Minister pursuant to Clause (c) are Mr Peter Mould, NSW Government Architect; Mr Richard Pearson, Deputy Director General in the Department of Planning; Mr Brendan Crotty; and the Hon. Craig Knowles, a former NSW Minister for Planning.
Previously, the Council has chosen to hold a separate election for each of the two positions and the elections were by open, exhaustive voting.
At the Council meeting of 29 September 2008, Council elected Councillor Phillip Black and Councillor John McInerney to the position on the CSPC until the next ordinary election of Council.
The City of Sydney Act provides that Council may appoint an alternate for each of the elected members. Last year, Council appointed Councillor Robert Kok as alternate to Councillor Black and Councillor Di Tornai as alternate to Councillor McInerney.
RECOMMENDATION
It is resolved that:
(A) Council elect two Councillors to be members of the Central Sydney Planning Committee effective immediately until 30 September 2010;
(B) the method of voting be open, exhaustive voting;
(C) the Chief Executive Officer conduct the election forthwith; and
(D) Council appoint alternates for each member elected.
MONICA BARONE Chief Executive Officer
Moved by the Chair (the Lord Mayor), seconded by Councillor McInerney –
It is resolved that:
(A) Council elect two Councillors to be members of the Central Sydney Planning Committee effective immediately until 30 September 2010;
(B) the method of voting be open, exhaustive voting;
(C) the Chief Executive Officer conduct the election forthwith; and
(D) Council elect alternates for each member elected.
Carried unanimously.
927 Monday 21 September 2009
At this stage of the meeting, the Chief Executive Officer, as Returning Officer, called upon the Manager Council Business to assist with the conduct of the ballot.
The Manager Council Business invited nominations from Councillors for the first position on the Central Sydney Planning Committee.
The Manager Council Business announced that two nominations had been received, namely –
Councillor John McInerney (nominated by Councillor Black, seconded by Councillor Tornai)
Councillor Irene Doutney (nominated by Councillor Harris, seconded by Councillor Doutney)
Councillors McInerney and Doutney in turn indicated acceptance of their nominations.
An election for the first position on the Central Sydney Planning Committee was then conducted (alphabetically) and resulted as follows –
Councillor Doutney - 2 votes Councillor McInerney - 8 votes
The Manager Council Business than declared Councillor McInerney duly elected to the first position on the Central Sydney Planning Committee for a term commencing immediately and ending on 30 September 2010.
At this stage of the meeting, the Manager Council Business invited nominations from Councillors for the second position on the Central Sydney Planning Committee.
The Manager Council Business announced that two nominations had been received, namely –
Councillor Di Tornai (nominated by Councillor McInerney, seconded by Councillor Black)
Councillor Irene Doutney (nominated by Councillor Harris, seconded by Councillor Doutney)
Councillors Tornai and Doutney in turn indicated acceptance of their nominations.
An election for the second position on the Central Sydney Planning Committee was then conducted (alphabetically) and resulted as follows –
Councillor Doutney - 3 votes Councillor Tornai - 7 votes
The Manager Council Business than declared Councillor Tornai duly elected to the second position on the Central Sydney Planning Committee for a term commencing immediately and ending on 30 September 2010.
At this stage of the meeting, the Manager Council Business invited nominations from Councillors for the first alternate position on the Central Sydney Planning Committee.
Monday 21 September 2009 928
The Manager Council Business announced that two nominations had been received, namely –
Councillor Robert Kok (nominated by Councillor Tornai, seconded by Councillor McInerney)
Councillor Irene Doutney (nominated by Councillor Harris, seconded by Councillor Doutney)
Councillors Kok and Doutney in turn indicated acceptance of their nominations.
An election for the first alternate position on the Central Sydney Planning Committee was then conducted (alphabetically) and resulted as follows –
Councillor Doutney - 3 votes Councillor Kok - 7 votes
The Manager Council Business than declared Councillor Kok duly elected to the first alternate position on the Central Sydney Planning Committee for a term commencing immediately and ending on 30 September 2010.
At this stage of the meeting, the Manager Council Business invited nominations from Councillors for the second alternate position on the Central Sydney Planning Committee.
The Manager Council Business announced that two nominations had been received, namely –
Councillor Irene Doutney (nominated by Councillor Harris, seconded by Councillor Doutney)
Councillor Phillip Black (nominated by Councillor Kok, seconded by Councillor McInerney)
Councillors Doutney and Black in turn indicated acceptance of their nominations.
An election for the second alternate position on the Central Sydney Planning Committee was then conducted (alphabetically) and resulted as follows –
Councillor Black - 7 votes Councillor Doutney - 3 votes
The Manager Council Business than declared Councillor Black duly elected to the second alternate position on the Central Sydney Planning Committee for a term commencing immediately and ending on 30 September 2010.
929 Monday 21 September 2009
ITEM 4.3 COUNCIL COMMITTEES – FUNCTIONS, MEMBERSHIP, ELECTION OF CHAIRPERSONS
FILE NO: S062388
MEMORANDUM BY THE CHIEF EXECUTIVE OFFICER
To Council:
The Local Government (General) Regulations 2005 enable councils to ‘establish such committees as it considers necessary’ (regulation 259).
On 29 September 2008, Council resolved to adopt meeting times, functions, policies and procedures of the following Committees:
• Finance, Properties and Tenders Committee commencing at 2.00pm, but commencing at 1.00pm when the Quarterly Reviews are to be considered.
• Environment and Heritage Committee and the Cultural and Community Services Committee meeting consecutively after the conclusion of the Finance, Properties and Tenders Committee.
• Planning Development and Transport Committee commencing at 4.30pm, noting that development application matters will not be dealt with earlier than 6.00pm.
It is recommended that these Committees continue with a minor variation to the Committee functions.
It is proposed that the Planning Development and Transport Committee consider footway licence applications, currently considered by the Corporate, Finance, Properties and Tenders Committee. This is in response to recent Councillor requests and will assist public participation in the consideration of these applications as the Planning Development and Transport Committee meets later in the afternoon.
Council is required to elect the Deputy Chairperson of each Committee and Sub- Committee and, if the Lord Mayor does not wish to be the Chairperson of any Committee, elect the Chairperson of each such Committee and Sub-Committee.
On 29 September 2008, Council elected Deputy Chairpersons for each of the Committees and Sub-Committees, until the next ordinary election of Council, with the Lord Mayor chairing all Committees.
Those Committees were:
(1) the Corporate, Finance, Properties and Tenders Committee;
(2) the Environment and Heritage Committee;
(3) the Cultural and Community Services Committee;
(4) the Planning Development and Transport Committee and its Sub-Committees:
• Planning Policy
• Major Development Assessment
Monday 21 September 2009 930
• Development Assessment; and
(5) the Traffic Committee (see Note)
(Note - As the Traffic Committee is a statutory committee, not a Committee of Council, it will be dealt with by Council as a separate item.)
RECOMMENDATION
It is resolved that:
(A) consideration of footway licence applications be removed from the function of the Corporate, Finance, Properties and Tenders Committee and added to the functions of the Planning Development and Transport Committee;
(B) subject to clause (A), the amended Functions, Delegations, Policies and Procedures of Council Committees, as shown at Attachment A to the subject Memorandum, be endorsed and adopted;
(C) Council elect the Deputy Chairperson of each Committee and Sub-Committee and, if the Lord Mayor does not wish to be the Chairperson of any Committee, elect the Chairperson of each such Committee and Sub-Committee, for a term effective immediately until 30 September 2010;
(D) the method of voting be open, exhaustive voting; and
(E) the Chief Executive Officer conduct the election forthwith.
MONICA BARONE Chief Executive Officer
Moved by the Chair (the Lord Mayor), seconded by Councillor McInerney –
It is resolved that:
(A) consideration of footway licence applications be removed from the function of the Corporate, Finance, Properties and Tenders Committee and added to the functions of the Planning Development and Transport Committee;
(B) subject to clause (A), the amended Functions, Delegations, Policies and Procedures of Council Committees, as shown at Attachment A to the subject Memorandum, be endorsed and adopted;
(C) Council elect the Deputy Chairperson of each Committee and Sub-Committee and, if the Lord Mayor does not wish to be the Chairperson of any Committee, elect the Chairperson of each such Committee and Sub-Committee, for a term effective immediately until 30 September 2010;
(D) the method of voting be open, exhaustive voting; and
(E) the Chief Executive Officer conduct the election forthwith.
Carried unanimously.
At this stage of the meeting, the Chief Executive Officer, as Returning Officer, called upon the Manager Council Business to assist with the conduct of the ballot.
931 Monday 21 September 2009
The Manager Council Business invited nominations from Councillors for the positions of Deputy Chairs of Committees and Sub-Committees.
Nominations were made and accepted as follows. Where necessary, an election was conducted with the results as follows -
(A) Corporate, Finance, Properties and Tenders Committee
One nomination for the Deputy Chairperson was received, as follows –
Councillor Robert Kok (nominated by Councillor Hoff, seconded by Councillor McInerney)
The Manager Council Business then declared Councillor Kok duly elected to the position of Deputy Chairperson of the Corporate, Finance, Properties and Tenders Committee for a term commencing immediately and ending on 30 September 2010.
(B) Environment and Heritage Committee
Two nominations for the Deputy Chairperson were received, as follows –
Councillor Phillip Black (nominated by Councillor McInerney, seconded by Councillor Kok)
Councillor Chris Harris (nominated by Councillor Doutney, seconded by Councillor Harris)
An election for the position of Deputy Chairperson of the Environment and Heritage Committee was then conducted (alphabetically) and resulted as follows –
Councillor Black - 8 votes Councillor Harris - 2 votes
The Manager Council Business then declared Councillor Black duly elected to the position of Deputy Chairperson of the Environment and Heritage Committee for a term commencing immediately and ending on 30 September 2010.
(C) Cultural and Community Services Committee
Two nominations for the Deputy Chairperson were received, as follows
Councillor Marcelle Hoff (nominated by Councillor Tornai, seconded by Councillor Kok)
Councillor Irene Doutney (nominated by Councillor Harris, seconded by Councillor Doutney)
An election for the position of Deputy Chairperson of the Cultural and Community Services Committee was then conducted (alphabetically) and resulted as follows –
Councillor Doutney - 2 votes Councillor Hoff - 8 votes
Monday 21 September 2009 932
The Manager Council Business then declared Councillor Hoff duly elected to the position of Deputy Chairperson of the Cultural and Community Services Committee for a term commencing immediately and ending on 30 September 2010.
(D) Planning Policy Sub-Committee
One nomination for the Deputy Chairperson was received, as follows -
Councillor John McInerney (nominated by Councillor Hoff, seconded by Councillor Tornai)
The Manager Council Business then declared Councillor McInerney duly elected to the position of Deputy Chairperson of the Planning Policy Sub-Committee for a term commencing immediately and ending on 30 September 2010.
(E) Major Development Assessment Sub-Committee
One nomination for the Deputy Chairperson was received, as follows -
Councillor Di Tornai (nominated by Councillor Black, seconded by Councillor McInerney)
The Manager Council Business then declared Councillor Tornai duly elected to the position of Deputy Chairperson of the Major Development Assessment Sub-Committee for a term commencing immediately and ending on 30 September 2010.
(F) Development Assessment Sub-Committee
One nomination for the Deputy Chairperson was received, as follows -
Councillor Phillip Black (nominated by Councillor Kok, seconded by Councillor McInerney)
The Manager Council Business then declared Councillor Black duly elected to the position of Deputy Chairperson of the Development Assessment Sub-Committee for a term commencing immediately and ending on 30 September 2010.
Note – the Chairmanship, Deputy Chairmanships, functions, quorums and delegations of Council’s Committees are as follows:
933 Monday 21 September 2009
TERMS OF REFERENCE - COUNCIL COMMITTEES
CORPORATE, FINANCE, PROPERTIES AND TENDERS COMMITTEE
Meeting Time: Monday 2.00pm (generally)
Monday 1.00pm (when Quarterly Reviews are being considered)
Venue: Council Chamber
Chairperson: The Lord Mayor (Councillor Clover Moore MP)
Deputy Chairperson: Councillor Robert Kok
Members: Councillor Phillip Black Councillor Meredith Burgmann Councillor Irene Doutney Councillor Chris Harris Councillor Marcelle Hoff Councillor Shayne Mallard Councillor John McInerney Councillor Di Tornai
Quorum: (A majority of the members of the Committee)
Functions: To deal with all matters relating to:
(a) Finance (b) Consideration of budgets and quarterly budget performance (c) Information Technology Policy (d) Asset management (e) Internal and external audit (f) Fees and charges (g) Rating matters (h) Council vehicles and fleet management (i) Industrial relations (j) Organisational policy issues eg industrial agreements (k) Council property management, including management, maintenance, leasing, licensing and sale of Council property (excluding footways but including the use, leasing and purchase of other non-Council property) (l) Tenders (m) Grants and sponsorships
Monday 21 September 2009 934
TERMS OF REFERENCE - COUNCIL COMMITTEES
ENVIRONMENT AND HERITAGE COMMITTEE
Meeting Time: At the conclusion of the meeting of the Corporate, Finance, Properties and Tenders Committee
Venue: Council Chamber
Chairperson: The Lord Mayor (Councillor Clover Moore MP)
Deputy Chairperson: Councillor Phillip Black
Members: Councillor Meredith Burgmann Councillor Irene Doutney Councillor Chris Harris Councillor Marcelle Hoff Councillor Robert Kok Councillor Shayne Mallard Councillor John McInerney Councillor Di Tornai
Quorum: (A majority of the members of the Committee)
Functions: To deal with all matters relating to:
(a) Environmental management and sustainability
(b) Parks and open spaces
(c) Street Trees
(d) Street and footpath maintenance
(e) Footpath and street cleaning
(f) Graffiti removal
(g) Waste and recycling
(h) Street furniture
(i) Street lighting
(j) History and heritage projects
(k) Grants and sponsorships
935 Monday 21 September 2009
TERMS OF REFERENCE - COUNCIL COMMITTEES
CULTURAL AND COMMUNITY SERVICES COMMITTEE
Meeting Time: At the conclusion of the Environment and Heritage Committee Venue: Council Chamber Chairperson: The Lord Mayor (Councillor Clover Moore MP)
Deputy Chairperson: Councillor Marcelle Hoff Members: Councillor Phillip Black Councillor Meredith Burgmann Councillor Irene Doutney Councillor Chris Harris Councillor Robert Kok Councillor Shayne Mallard Councillor John McInerney Councillor Di Tornai Quorum: (A majority of the members of the Committee) Functions: To deal with all matters relating to: (a) Arts (including visual and performing) and culture within the City of Sydney (b) City of Sydney events, programs and activities (c) Assistance to community and cultural organisations (d) Community services (e) Recreation services (f) Library services (g) Cultural and social diversity (h) Cultural, social and economic disadvantage (i) Operational and promotional issues relating to restaurants and hotels (j) Health inspections (k) Liquor Licensing (l) Community housing (m) Cultural venue management (n) Small Business and retailing (o) Tourism (p) the Film Industry (q) Grants and sponsorships
Monday 21 September 2009 936
TERMS OF REFERENCE - COUNCIL COMMITTEES
PLANNING DEVELOPMENT AND TRANSPORT COMMITTEE
Meeting Time: Monday 4.30pm.
Note: Development Applications will not be dealt with earlier than 6.00pm.
Venue: Council Chamber
Chairperson: The Lord Mayor (Councillor Clover Moore MP)
Members: Councillor Phillip Black Councillor Meredith Burgmann Councillor Irene Doutney Councillor Chris Harris Councillor Marcelle Hoff Councillor Robert Kok Councillor Shayne Mallard Councillor John McInerney Councillor Di Tornai
Quorum: (A majority of the members of the Committee)
Functions:
(1) To exercise the following functions (see also clause (2)):
(a) Development applications not dealt with by the Central Sydney Planning Committee and other applications for approval under the Environmental Planning and Assessment Act 1979, including applications under Section 96 and Section 82A
(b) Planning instruments ie LEPs, DCPs, Policies
(c) Transport and access initiatives and issues
(d) Parking policy
(e) Traffic and Sydney Traffic Committee
(f) Design of City of Sydney projects, including public spaces, street furniture, parks, city buildings and community facilities
(g) Safety Programs
(h) Urban infrastructure, particularly roads, stormwater, drainage and footpaths
(i) The environment and sustainability
937 Monday 21 September 2009
TERMS OF REFERENCE - COUNCIL COMMITTEES
(j) Referrals from other authorities for comment on any of the above matters
(k) All matters relating to grants and sponsorships
(l) All applications for footway usage approvals
(2) To form the following sub-committees, and to exercise the functions listed above through these Sub-Committees:
(a) Planning Policy Sub-Committee -
Chairperson: The Lord Mayor (Councillor Clover Moore MP)
Deputy Chairperson: Councillor John McInerney
Members: All Councillors
Quorum: (A majority of the members of the Sub-Committee)
Functions: To exercise functions in respect of the planning instruments ie LEPs, DCPs, Policies and strategic and transport planning.
(b) Major Development Assessment Sub-Committee -
Chairperson: The Lord Mayor (Councillor Clover Moore MP)
Deputy Chairperson: Councillor Di Tornai
Members: All Councillors
Quorum: (A majority of the members of the Sub-Committee)
Functions: To exercise all of the functions of the Planning Development and Transport Committee in respect of any development application relating to a proposed building of four or more storeys (as defined in the applicable planning instrument.
(c) Development Assessment Sub-Committee -
Chairperson: The Lord Mayor (Councillor Clover Moore MP)
Deputy Chairperson: Councillor Phillip Black
Members: All Councillors
Quorum: (A majority of the members of the Sub-Committee)
Monday 21 September 2009 938
TERMS OF REFERENCE - COUNCIL COMMITTEES
Functions: To exercise all of the functions of the Planning Development and Transport Committee in respect of any development application relating to a proposed building of less than four storeys (as defined in the applicable planning instrument).
Delegations: Council delegates its powers under the Environmental Planning and Assessment Act 1979 to Planning Development and Transport Committee and, subject to clauses (2) (b) and (c) above, to the Major Development Assessment and Development Assessment Sub- Committees:
(a) under section 80(1), to determine development applications;
(b) under section 80(3) to grant deferred commencement consent;
(c) under section 80(4) and 80(5) to grant staged development consent;
(d) under Section 82A except where the determination being reviewed had been made by Council or by the Planning Development and Transport Committee;
(e) and under section 96 to approve modifications to any of those consents;
except where the Chairperson determines that an application, or applications, be referred to Council for determination.
The items to which the delegation applies are to be so listed on the agenda.
The Council also authorises the Planning Development and Transport Committee and the Major Development Assessment and Development Assessment Sub- Committees to approve submissions, relating to the matters listed above, to other consent authorities.
Procedure: At meetings of the Planning Development and Transport Committee, the three Sub-Committees will convene and meet as required.
939 Monday 21 September 2009
TERMS OF REFERENCE - COUNCIL COMMITTEES
POLICIES AND PROCEDURES OF COMMITTEES
(a) The structure and functions of Committees is standing policy of Council.
(b) All correspondence from, or to, all Committees, and Sub- Committees, shall be handled through normal Council processes.
Correspondence to any Committee/Sub-Committee shall be tabled at the Committee meeting and placed on the relevant file.
The contents of any outward correspondence, purporting to state the views of a Committee/Sub-Committee shall conform with existing Council policy and shall be circulated to Councillors via the Councillors’ Information Service.
(c) All Committees and Sub-Committees shall be advisory to Council and have no independent role, except where specific authorities are delegated to them by Council.
(d) The quorum for each Committee shall be half of the members except where otherwise specified in this policy.
(e) Matters dealt with in Committee shall be submitted to Council without recommendation only when the chairperson so determines.
(f) The chairpersons of Standing Committees and Sub-Committees shall have a casting vote in the event of an equality of voting.
Monday 21 September 2009 940
ITEM 4.4 TRAFFIC COMMITTEE - FUNCTION, MEMBERSHIP, ELECTION OF CHAIRPERSON
FILE NO: S062388
MEMORANDUM BY THE CHIEF EXECUTIVE OFFICER
To Council:
The Traffic Committee is a Statutory Committee, established under the Roads Act and in accordance with administrative procedures required by the Roads and Traffic Authority (RTA).
Councils have been delegated certain powers from the RTA regarding the regulation of traffic on local roads. A condition of this delegation is that councils must take into account the advice of their Traffic Committee before exercising these powers.
The Traffic Committee itself, however, has no decision-making powers. It is primarily a technical review body which is required to advise Council and Council staff on traffic related matters. Council and Council staff are not therefore bound or required to implement a proposal supported by the Traffic Committee. Any proposal supported by the Traffic Committee must be approved by either the elected Council or authorised Council staff (depending on the nature of the proposal) if it is to be implemented. This can only be done when the advice of the Committee is unanimous. Where the advice of the Committee is not unanimous, Council must separately notify and obtain the endorsement from the RTA and the NSW Police Force.
Membership of the Traffic Committee, as required by the RTA delegation, is four formal (voting) representatives, one from each of the following:
Council (Chairperson); Police Service; Roads and Traffic Authority; and Local Members of Parliament or their nominee.
Note: Representatives of the NSW Police Force and representatives of State MPs can only vote on issues in their command or electorate respectively.
The Chairperson and their alternate is to be determined by Council and Council’s representative may be any Councillor or a Council officer. Council (in consultation with the formal members of the Traffic Committee) may also decide to have additional informal (non-voting) advisors who can provide non-binding input into the deliberation process.
The adopted Terms of Reference for the Sydney Traffic Committee include informal (non-voting) representatives from each of the following:
State Transit Authority; Transport Workers’ Union; Sydney Harbour Foreshore Authority; and a cycling representative appointed by the Lord Mayor.
Council staff convene meetings and provide administrative support for the Committee including the preparation of agendas, reports and minutes and formally represent Council when both the Chairperson and the alternate are absent. Council is now required to elect the Chairperson and alternate.
941 Monday 21 September 2009
RECOMMENDATION
It is resolved that:
(A) the existing Functions, Policies and Procedures of the Traffic Committee, as contained in Attachment A to the subject Memorandum, be endorsed and adopted;
(B) the existing informal (non-voting) advisors to the Traffic Committee, as outlined in the subject Memorandum, be endorsed;
(C) Council elect the Chairperson of the Traffic Committee for a term effective immediately until 30 September 2010;
(D) Council elect the alternate Chairperson of the Traffic Committee for a term effective immediately until 30 September 2010;
(E) the method of voting be open, exhaustive voting; and
(F) the Chief Executive Officer conduct the election forthwith.
MONICA BARONE Chief Executive Officer
Moved by the Chair (the Lord Mayor), seconded by Councillor McInerney –
It is resolved that:
(A) the existing Functions, Policies and Procedures of the Traffic Committee, as contained in Attachment A to the subject Memorandum, be endorsed and adopted;
(B) the existing informal (non-voting) advisors to the Traffic Committee, as outlined in the subject Memorandum, be endorsed;
(C) Council elect the Chairperson of the Traffic Committee for a term effective immediately until 30 September 2010;
(D) Council elect the alternate Chairperson of the Traffic Committee for a term effective immediately until 30 September 2010;
(E) the method of voting be open, exhaustive voting; and
(F) the Chief Executive Officer conduct the election forthwith.
Carried unanimously.
At this stage of the meeting, the Chief Executive Officer, as Returning Officer, called upon the Manager Council Business to assist with the conduct of the ballot.
The Manager Council Business invited nominations from Councillors for the position of Chairperson of the Traffic Committee.
One nomination for the Chairperson was received, as follows –
Monday 21 September 2009 942
Councillor John McInerney (nominated by Councillor Tornai, seconded by Councillor Hoff)
Councillor McInerney indicated acceptance of his nomination.
The Manager Council Business then declared Councillor McInerney duly elected to the position of Chairperson of the Traffic Committee for a term commencing immediately and ending on 30 September 2010.
At this stage of the meeting, the Manager Council Business invited nominations from Councillors for the position of alternate Chairperson of the Traffic Committee.
One nomination for the alternate Chairperson was received, as follows –
Councillor Di Tornai (nominated by Councillor Black, seconded by Councillor Kok)
Councillor Tornai indicated acceptance of her nomination.
The Manager Council Business then declared Councillor Tornai duly elected to the position of alternate Chairperson of the Traffic Committee for a term commencing immediately and ending on 30 September 2010.
Note – the Chairmanship, alternate Chairmanship, functions, policies and procedures of the Traffic Committee are as follows:
943 Monday 21 September 2009
TERMS OF REFERENCE - TRAFFIC COMMITTEE
TRAFFIC COMMITTEE
The Traffic Committee is a Statutory Committee, established under the Roads Act and in accordance with administrative procedures established by the Roads and Traffic Authority.
Chairperson: Councillor John McInerney.
Deputy Chairperson: Councillor Di Tornai.
Members: There are four formal members of the Traffic Committee:
(a) Four formal (voting) representatives, one from each of the following- the City of Sydney Council (Chairperson) the NSW Police Service the NSW Roads and Traffic Authority Local State Members of Parliament or their nominee. Note: representatives of the NSW Police Service and representatives of State MPs can only vote on issues in their command or electorate respectively. (b) Informal (non-voting) representatives, where relevant, from each of the following - State Transit Authority Transport Workers Union Sydney Harbour Foreshore Authority A cycling representative appointed by the Lord Mayor The Chairperson and their alternate shall be determined by Council. The views of informal members are considered but not binding.
Administration: Council staff convene meetings and provide administrative support for the Committee, including the preparation of agendas, reports and minutes and formally represent Council when both the Chairperson and the alternate are absent.
Monday 21 September 2009 944
TERMS OF REFERENCE - TRAFFIC COMMITTEE
Function: Council has been delegated certain powers from the Roads and Traffic Authority with regards to traffic matters on local roads. A condition of this delegation is that Council must take into account the advice of the Traffic Committee. The Traffic Committee has no decision- making powers. It is primarily a technical review body which is required to advise Council on traffic related matters. All proposals recommended by the Traffic Committee must still be formally approved by either the elected Council or authorised Council staff (depending on the nature of the proposal). This can only be done when the advice of the Committee is unanimous. Where the advice of the Committee is not unanimous, Council must separately notify and obtain endorsement from the Roads and Traffic Authority and the NSW Police Service.
Meetings/Attendance: The Traffic Committee generally meets every third Wednesday of the month at 2pm in the Council Chamber, Level 3, Town Hall House, 456 Kent Street, Sydney. Members of the public are welcome to attend and speak to an item on the Traffic Committee agenda. Addresses to the Committee are limited to 3 minutes, but this can be extended at the discretion of the Chairperson. If a member of the pubic wishes to attend, it is requested that they inform the Committee Secretary in advance on 9265 9333.
945 Monday 21 September 2009
ITEM 5 QUESTION TIME
QUESTIONS WITHOUT NOTICE
LINKS TO GLBT SERVICES ON THE CITY’S WEBSITE (S063656)
1. By Councillor Black
Question
Lord Mayor, I am prompted by a recent article in the Sydney Star Observer about Ku- ring-gai Council including a GLBT service page on its website. The paper provides a list of organisations who provide services for gay, lesbian, bisexual, transgender and intersex communities. I am aware the City’s website has a page listing GLBT services that we provide at Council, but could this be expanded to include information and links to key community organisations and services, because I know an upgrading is happening on our website?
Answer by the Lord Mayor
Thank you for that suggestion; it is worthwhile. Indeed, our website is a starting point for people who want to get information, usually about events, I understand, or it could be about services or other information, and it is a way to link to our various businesses, residents and community groups. I think one of the objectives of our Social Plan is to provide access and equity to information, as well as services and facilities for GLBT people and providing key links to services and to organisations on our website could help support that goal of our policy, so I will ask the Chief Executive Officer if this could be done.
SKATE PARK (S063659)
2. By Councillor Harris
Question
Lord Mayor, could you please let Councillors know where the City’s first skate park will be built, and could you let us know when that will commence?
Answer by the Lord Mayor
That is an important question and I hope we will be coming back to you with information about that in the near future. I am sure the Chief Executive Officer will take that on board.
AFFORDABLE RENTAL HOUSING SEPP (S063663)
3. By Councillor McInerney
Question
Lord Mayor, could the City obtain support from the Local Government and Shires Associations (LGSA) and the Inner City Mayors Forum, to urge the Minister to amend the new Affordable Rental Housing State Environmental Planning Policy (SEPP), to ensure local development standards are not ignored?
Monday 21 September 2009 946
Answer by the Lord Mayor
The lack of affordable housing is a significant issue for our area. We have set a target in 2030 of 900 affordable housing units over the next 21 years. We have set a target of 7 per cent of affordable housing and 7 per cent of social housing. I think we have 1 per cent of affordable housing at the moment, so there is an incredible amount of work that needs to be done. We are also finalising our draft Affordable Rental Housing Strategy, and that will help us to map out how we achieve this goal. It is going to be a real effort from Council, from other inner Sydney councils and, of course, it is something that we have discussed at our Inner City Mayoral Forum. It is also a very important goal for the Federal and State Governments, and I think it is very welcome that for the first time in at least a decade we have a Federal Government concerned about and engaged with this issue. It is a beginning.
We also need a greater commitment from the State in terms of our planning legislation, which of course guides us in this area, and we need to ensure that those changes do not subvert local development standards, which I think there is great concern about, and they need to protect the environment and amenity, be based on sound principles and, at the same time, give us affordable housing. I am also concerned that the SEPP the State has developed could cause the State to prevent local planning responses to the affordable housing shortage, including our own Affordable Housing Strategy. We have been talking about advocating for a local government area wide levy for this very purpose, and we have also been lobbying for a value capture for spot rezoning, in terms of our planning policies. The research tells us that the levy will not unduly impact on the supply or cost of housing and that is something that we have discussed, as you know, with the Property Council.
I will ask the Chief Executive Officer to work with the LGSA and Inner City Councils, and by that, of course, we mean our whole planning area, to develop a joint response to the SEPP. Thank you for that important question.
WATERLOO LIBRARY APARTMENT (S063658)
4. By Councillor Doutney
Question
Lord Mayor, it has been brought to my attention that there is a three-bedroom apartment above the Waterloo Library, known as the Caretakers Rooms, that, as far as I know, is not being used. I would like to know if we have any plans for this space? Could it be used for community purposes or could it be offered as affordable housing to Council staff?
Answer by the Lord Mayor
I will ask the Chief Executive Officer to respond to that question in the CEO Update.
947 Monday 21 September 2009
SOCIAL IMPACT ASSESSMENT POLICY (S063660)
5. By Councillor Hoff
Question
Lord Mayor, I was interested to learn from a recent CEO Update about the implementation of the City’s Social Plan that the City is developing a Social Impact Assessment Policy. I congratulate all our staff who are involved in this Policy and in implementing our Social Plan, and I ask if Council could have more information on the proposed Policy and the timeframe for its being reported to Council?
Answer by the Lord Mayor
I am sure all Councillors read the CEO Update that talked about delivering on commitments in relation to our Social Policy, and we are similarly very encouraged by the work that we are committing to in developing our Social Plan. The memo accompanying the document also identified actions to ensure that new developments have a positive social impact on the community. In fact, this is quite an important issue for us when we are dealing with another matter tonight. The comprehensive Social Impact Assessment Policy will make linkages between new developments and older neighbourhoods which is important, particularly in the southern parts of the City. It will include the provision of community facilities and open space, as well as looking at the needs of young people when we are assessing City developments. I think this is a really important initiative, and I will ask the Chief Executive Officer if she can provide more information about the development of this Policy and the timeframe for it being reported to Council in the CEO Update.
ORPHAN SCHOOL CREEK (S063657)
6. By Councillor Burgmann
Question
Could the Lord Mayor take the necessary action to review Glebe-Forest Lodge residents’ outstanding concerns to maximise the biodiversity/habitat aspects of the Orphan School Creek project site, which can so easily and cheaply be implemented? That is, those aspects to do with lighting, fencing, provenance species, signage and possum dreys. This would help restore residents’ faith in the consultation processes for this important ecological restoration project, which was recently described by international ecological restoration expert, Andre Clewell, as a trail-blazing effort. The residents’ aims are totally in line with the Council’s 2030 environmental vision and the project is Council’s first significant attempt at habitat restoration. So far, on all of those questions, Council has failed to get back to the residents.
Answer by the Lord Mayor
Thank you for that question, Councillor Burgmann. I do reject your statement. I believe that Council has again and again responded, so I will take that on board and, I guess, we will do the same response.
Monday 21 September 2009 948
ROSEBERY DEPOT (S063664)
7. By Councillor Tornai
Question
As you are aware, a number of residents have been keeping regular contact with Councillors over the preceding months about our proposed depot at Rosebery. I am wondering whether, through you, Lord Mayor, the Chief Executive Officer could provide Council with an update about the status of that particular development application and advise Council when it is likely to come before us as a report?
Answer by the Lord Mayor
I will ask the Chief Executive Officer to give us that information about this application’s status – of course, it is being assessed by an independent assessor – and when we are likely to get that report on the depot. I, too, have been in contact with residents. They have come to see me, they have given me a petition which I presented at a recent Council meeting, and it is on the agenda to be discussed at the community forum next week. I understand the independent consultant has recently asked Council for additional information relating to traffic, and staff are currently giving that information to the independent planner. I will ask the Chief Executive Officer to get back to us, but I think that it would probably be possible that we would be receiving this at our next round, in the light of information I have received.
DESIGN FOR BARANGAROO SITE (S063662)
8. By Councillor Mallard
Question
Lord Mayor, you would be aware of recent media reports in The Sydney Morning Herald and subsequent letters pages today, citing great concerns and disappointment at the significant changes being made to the winning design by Philip Thalis and his team for the Barangaroo site. Of course, we appreciate Philip’s and his team’s work for their award winning design for the Water Police site park, and their input to Sydney 2030. I, personally, share that growing concern of the community about the interventions. As a member of the Barangaroo Implementation Authority Board, can you advise your views on the Keating changes and inform Council of the debate that is clearly taking place behind closed doors and without consultation or scrutiny with the community?
Answer by the Lord Mayor
I share your concern about the exclusion of Philip Thalis, who is a talented architect, and his significant achievement. As you would know, his project was chosen before the Board was created and before I was a member of the Board, and the process that the Board is now going through is assessing proposals. Whilst going through the process of assessing the proposals, I am unable to give you any more public information but, as soon as I am able, of course, I will make that available to you. Rest assured, when I am reading those letters, I have to agree with people who say these sorts of things should go through a merit-based public process. That is my personal position, but I cannot give you any more information other than saying that the Board is currently assessing key proponents, and I am hoping that all the things that we stand for and promote here at the City will be included in the winning bid. Basically, that is all I can say at this moment in time.
949 Monday 21 September 2009
Supplementary Question by Councillor Mallard
Continuing on that issue, I note that Bridget Smyth, the City’s Design Director, is a member of the Design Excellence Review Panel chaired by Paul Keating, which is where these changes have been driven from. Her membership is promoted by the Barangaroo Implementation Authority as being a City of Sydney employee and involved in Sydney 2030. I am not aware that Council was consulted about this appointment, but I would expect that a senior employee of our Council would be seeking the views of Council on the development of the site as they are representing Council. What can Ms Smyth add to Council’s knowledge of the situation with Philip Thalis’s design? Can she consult Council about the design changes? Perhaps, Councillors can have a briefing on this matter.
Answer by the Lord Mayor
Yes, I will take that on notice, because there are some really good suggestions there and I think that is a very legitimate role.
WAITING TIMES FOR PEDESTRIANS (S063661)
9. By Councillor Kok
Question
Lord Mayor, my question refers to pedestrian waiting times. At the City Talk last Wednesday, Ken Livingstone spoke about length of time pedestrians have to wait at traffic lights when walking through the CBD. Can you please advise what action the City is taking to improve this situation?
Answer by the Lord Mayor
It is really very interesting. We have two eminent international visitors who are committed to the urban environment. We had Jan Gehl, the quite eminent Danish urbanist, and then we had Ken Livingstone, who is so admired for the work that he did in London, both recently addressing us and both saying, spontaneously, how appalled they were moving around Sydney streets about the disregard and disrespect pedestrians are treated with, and how much time – I think, Jan Gehl was absolutely outraged – that you had to register to be able to cross the road. Ken Livingstone made the point at the City Talk last week that it took longer for him to wait for the lights to change than it did when he was there with, I think, Channel Seven, for the subsequent interview. I think one only needs to visit other cities to realise that in other cities, this is clearly not the case.
I think that those figures that I referred to at the City Talk last week: 85 per cent of people coming into our City are coming in by public transport and, of course, when they get here they are pedestrians and they are moving around our City, those million people – well, 850,000 are workers and visitors; 150,000 are our residents – and only 15 per cent are car-based and, yet, it is the motorist that is favoured in terms of the pedestrian lights. I am hoping that Minister Campbell, who now has a joint portfolio of Roads and Transport, which I think is a very good thing – both of those areas need to be under the one Ministry – will in fact respond because it is very much part of what we are proposing through our 2030 work that we get a pedestrian-friendly City, a City that is pleasant to walk around, a City where you are not discouraged.
Monday 21 September 2009 950
If you remember that slide Jan Gehl showed of great crowds of people all moving as one; they wait as one, they move across as one, and they all move down the street as one. It looks quite funny but, in fact, it is not funny at all; it is quite shocking that you have to wait for 30, 40, or 50 other people and then move with them across the road. Hopefully that matter will be addressed. I know that there were various people from the State Government at the City Talk last week and, in fact, the Minister met Ken Livingstone the night before and this was a very important issue that he raised. In fact, I think it was the first issue he raised about how unfriendly the City is in relation to pedestrians. Thank you for that question.
SUSTAINABLE HOUSE DAY (S063656)
10. By Councillor Black
Question
Lord Mayor, the Sunday before last was the annual Sustainable House Day across Australia, and I noticed the press coverage of that. Given the objectives of Sustainable House Day strongly complement the objectives of Sustainable Sydney 2030, could the Chief Executive Officer investigate how the City could participate in future Sustainable House Days?
Answer by the Lord Mayor
There were approximately 180 sustainable buildings open to the public for Sustainable House Day, including two within our City, I understand. What that did was give people a real-life look inside houses and buildings that have been designed, built or fitted with sustainability in mind, and talk to the owners. This is why, of course, we are running sustainability forums, so that people can know exactly what it is that they can do. There were architects and builders available to give expert advice. This, in fact, was an initiative that began quite a while ago, in 2001. It has taken a while to get here but, certainly, it is an initiative that we support. I wanted to just note that, in fact, in future our Surry Hills community and library facility could be available for inspection. We have also got our Live Green house, which is going to be on display at Taylor Square for Art and About, and I think that is very important. The Chief Executive Officer might like to add to that.
Chief Executive Officer
I actually attended four sustainable houses on that day because they were in my neighbourhood. I could only get into two – you could not get in because of the crowds – it was fantastic. Two were actually in my street, which was great, because I got to meet my neighbours and find people I can swap vegetables and things with. I just want to follow up on what the Lord Mayor was saying about the sustainable house we have that is going to be at Taylor Square. It is actually going to be there for a number of days during Art and About, with lots of seminars. One of the questions that Council asked us previously was about doing more of The Watershed type activities, and I am in the process of preparing a memo to show the numbers of people that are attending all sorts of activities. There is The Watershed; then there is our own sustainable house – the temporary one that moves around – and all of the other seminars. Our Live Green newsletter is getting up to 8,000 subscribers now, I think, so we are really getting a great deal of coverage in terms of getting a lot of those messages out.
951 Monday 21 September 2009
Answer by the Lord Mayor (continued)
I might just add, too, that last week I opened September Sustainable Business Forum down at Customs House, for businesses concerned about making their business more sustainable in order to attract more customers and clients. That was very well attended, and it is just one of the many initiatives that we are carrying out at the moment to enable people to take action to reduce their ecological footprint, whether it is in their homes or in their businesses. Together with action we hope is going to happen in the UN tomorrow when national leaders come together and that is why – you might be wondering – some of us are wearing a “Tck Tck Tck” badge? It is because, today, we rang the bells of Town Hall in unison with a thousand other cities and towns and villages in 88 countries across the world to call upon the national leaders who are meeting in the UN tomorrow, to act responsibly in terms of developing proposals in Copenhagen that will lead to a long-term, responsible and binding treaty. That is what the bell ringing, what the badges are about and, really, it is about sustainable houses, too; it is what we can do in our homes, as well as our businesses, and what our leaders need to do in Copenhagen.
CAR ENTHUSIASTS IN DOWLING AND NICHOLSON STREETS (S063659)
11. By Councillor Harris
Question
Lord Mayor, a Woolloomooloo resident tells me that the promised traffic calming initiatives for Dowling Street have not yet materialised. The speed hump and kerb extensions in Nicholson Street were completed a few weeks ago but these, according to my correspondent, have not reduced the late night activities of hot car enthusiasts at all. Could you let Councillors know what is proposed to address this problem and when residents can expect some more action?
Answer by the Lord Mayor
We will get information on that. These are probably our menacing hoons from Cowper Wharf Road but, certainly, I will ask for a report on the work we have done so far, action the Police are taking, and what else we need to do to give some relief.
FINANCIAL INCENTIVES FOR SUSTAINABLE DESIGN (S063663)
12. By Councillor McInerney
Question
Lord Mayor, a metropolitan Council in Victoria is offering developers a financial incentive, I think it is $500, to use Council approved sustainable design tools when lodging development applications. The rebate is offered when developers lodge planning applications and use the sustainable tool – the title of their document is Sustainable Tools for Environmental Performance Strategy, or it is sometimes described as a Sustainable Design Scorecard – as part of the Council’s sustainable design assessment process. Could the City investigate a similar type of initiative that might be applicable?
Monday 21 September 2009 952
Answer by the Lord Mayor
Again, it relates to this whole issue of how we reduce our footprint, and I know that the Department of Environment and Climate Change (DECC) currently offers financial incentives for developers for a five star or above rating. We are also looking at how we can incorporate environmentally sustainable design measures and incentives into our City Plan, and we have been exploring whether it is possible to introduce a number of measures for using sustainable design tools, including a mandatory four star rating under the City’s Multi-Unit Residential Rating Tool for multi-unit residential development; a mandatory four star rating under the Green Building Council’s Green Star Rating Tool for commercial office development over 1000 square metres; and a mandatory 4.5 star rating under the NABERS Energy for office for commercial office development of over 1000 square metres. They are the areas we are looking at.
At the moment, unfortunately, neither the Green Building Council nor DECC have shown support for mandatory use of these tools. I will ask the Chief Executive Officer to prepare a submission to the Ministers for Planning and Environment and Climate Change about options to improve incentive-based mandatory use of sustainable rating tools in all major developments. We know that 80 per cent of emissions happen in our cities, and we know that a very significant part of that is related to buildings; it is transport, buildings and energy generation. We have to take every opportunity we can to ensure we are reducing emissions in buildings and I think that the mandatory incentive system is a really good way of doing that, so I will ask the Chief Executive Officer to follow up on that.
SAFEGUARDING LANEWAY ARTWORK (S063658)
13. By Councillor Doutney
Question
Lord Mayor, it was with much disappointment that I read in The Sydney Morning Herald on 18 August 2009, that the Munroe Griss installation, which was part of the Sydney Design Festival, was destroyed and looted, along with other exhibits in the laneway which were also damaged and graffitied. As we plan to have many future laneway art projects during Art and About, can you advise what safeguards will be put into place to make sure that art work and installations will be protected from such vandalism?
Answer by the Lord Mayor
When I read that, my response was the same as yours. It was very sad, particularly as the money was being raised for a charity, I think, Mission Australia. We have eight absolutely fabulous proposals for laneways coming up with Art and About. They are going to be in place for three months, and they are going to be very exciting and very much part of our promotion of laneways, small bars, that whole creative industries culture. I will ask the Chief Executive Officer to give us information about what measures we can take to ensure that we do not have vandalism occurring in those laneways.
953 Monday 21 September 2009
Chief Executive Officer
We have been very lucky, I have to say. I do not think we have had any serious problems with any of our laneways work. I think with Art and About, we have a lot of things in the public, not just in the laneways. If there is anything of particular value or if there are any other issues, we certainly do have some security there to try and protect it, because we would not want any of the artists or people who contribute to our projects to feel disappointed because their work was not looked after.
OFFICIAL OPENING OF PARK ON FORMER WATER POLICE SITE (S063660)
14. By Councillor Hoff
Question
Lord Mayor, I am really curious about the timing for the official opening of the park on the former Water Police site, and so I am wondering if the Chief Executive Officer can give us any indication of the date for this opening?
Answer by the Lord Mayor
There is a date in my diary, and I cannot think what it is, Councillor Hoff. The reason why it has been put back is that the kiosk had taken longer to build than was originally anticipated and, given that the landscaping work was completed long before the kiosk and people wanted to use it as you know, we took down all the fencing and invited people in, but postponed the official opening so that the kiosk could be completed. I am not sure if the Director City Projects can give us a brief update on the status. I know when I went down and looked at the kiosk a few weeks ago – with its very heraldic roof, I have got to say – it was not looking to me as though it was quite near completion, but that is often the way our projects look near the end.
Director City Projects
I think we are looking at late November at the moment, or perhaps early December. There is also the need for a fit-out for the operator of the kiosk as well which, I think, may possibly take it over into the new year.
Answer by the Lord Mayor (continued)
And we are, in parallel, seeking an operator so that we can be up and running?
Director City Projects
Yes, that is right.
Answer by the Lord Mayor (continued)
We will get that information circulated. I have to say the kiosk in Sydney Park, is quite wonderful; wonderful design, adjacent to that absolutely stunning children’s all-abilities playground. When I was there on tree planting day, it was just packed with children, parents and dogs, too; it was very good.
Monday 21 September 2009 954
A PEDESTRIAN-FRIENDLY UNDERGROUND CITY (S063657)
15. By Councillor Burgmann
Question
In anticipation of Sydney’s growing population – in fact the latest population projection figures show an unexpected increase in Sydney’s population in the next 20 years – will the Lord Mayor give consideration to Urban Planner, Craig Allchin’s ideas that a new pedestrian-friendly subterranean Sydney should be encouraged, and that this underground system could form a more diverse, low cost part of the City centre, providing necessary fertile space for new and more experimental businesses to start up?
Answer by the Lord Mayor
When we did our comprehensive consultation on 2030 and our research, we did identify – and, of course, we have been given figures by the State in terms of the Metropolitan Plan about targets we have to reach as part of the City Plan – where we would accommodate those targets that we have been directed to reach. I also want to say that Craig Allchin has worked with us on our laneways project. In fact, he did our initial work, and one of his proposals has been how we can use those underground routes that Jan Gehl was so critical of. Given our wonderful climate, Jan Gehl thinks it is a good idea for Sydneysiders to actually be on the surface rather than be subterranean. But I think Craig Allchin’s got some really interesting ideas, and one of the successes of the Melbourne bars are, of course, that they are difficult to find, and that is why people like them and that is all part of the experience of going there, through the network. Of course, Craig Allchin worked initially on the Melbourne bars, and then he did the initial work for us on our laneways, as you all recall. His ideas are very much part of what we are now developing and you will see it very soon in Art and About. Thank you for that question.
FOOD SAFETY INSPECTION PRACTICES (S063664)
16. By Councillor Tornai
Question
Lord Mayor, my question refers to food safety inspection practices. I am aware that other countries, such as the United Kingdom, the United States and our friends across the ditch in New Zealand, all have laws to allow the display of food inspection reports on business windows or similar visible locations. In New South Wales, only the NSW Food Authority has legal protection to make the results of food inspections publicly available. I am wondering whether you could outline what steps the City could take to extend this protection to City officers, so the City can take positive steps to inform and protect consumers and, importantly, provide consumers with the capacity to make informed decisions about where they purchase their food?
955 Monday 21 September 2009
Answer by the Lord Mayor
This has been very much a preoccupation of Matthew Moore of The Sydney Morning Herald, as I am sure you have all read, over many months. The City has acted very proactively and responsibly in terms of taking as much action as we can under the law, but the fact of the matter is that the Food Act of 2003 does not allow City officers to have protection from defamation or other claims that could result from a score under a system in which the results from food safety inspections are displayed as a score on the shop’s front door. I think that was also something that has been very much pushed by Matthew Moore. Under the Act, the only protection that exists is for the NSW Food Authority, and this protection is the basis for their current register of penalty notices on the Authority’s website, which they call a “Name and Shame” list. That is what the law allows to occur, and the Council does not have any authority to go further than that.
ATTRACTING CONFERENCES TO SYDNEY (S063661)
17. By Councillor Kok
Question
Lord Mayor, my question refers to invigorating the City’s economy by tapping into the conference market. Could Councillors be informed of the work the City does to attract conferences to Sydney and, in particular, what action is being taken to promote the refurbished Town Hall as an ideal venue for smaller conferences?
Answer by the Lord Mayor
Attracting conferences to Sydney is one of the responsibilities of the Brand Sydney Project which, you are probably aware, has been set up recently by the State and which the City has been invited to participate in. I think we would all agree that the refurbished Town Hall could be used for conferences, and there would be an opportunity for plenary sessions to be held in Centennial Hall or Lower Town Hall, and those five new rooms that we will be making available could be used for break-out sessions and workshops. I will ask the Chief Executive Officer if she could update Council on the work of Brand Sydney and what it is doing in terms of attracting conferences to Sydney, and what action we can take in terms of promoting the Town Hall as a venue?
Chief Executive Officer
The organisation that does a lot of work on seeking conferences in Sydney is called Business Sydney and we, of course, are members of that, and we do a number of things to support them. One of the things that we always do when they are going out around the world seeking conferences to come to Sydney, is have a letter from the Lord Mayor encouraging them to come to Sydney and explaining all the things that we can offer. You will often see banners supporting some of those big expos and conferences around the City, that are often held at Darling Harbour or other locations, and they are sponsored by the City or whoever supported them by promoting those events. Probably, a little bit more work needs to be done, as it has been done in the past, with making sure that our retailers are aware of the people coming into the City for those events, and making sure that they reach out to them, and have signage in appropriate languages and those kinds of things.
Monday 21 September 2009 956
That is the work that occurs, although one of the things that Brand Sydney has been looking at and, I know the City is very keen on, is how we can be a little bit more proactive with some of that, so we are certainly looking to that. In terms of the Town Hall, Council requested, I cannot recall if it was a Question Without Notice or a Notice of Motion, that we look at a marketing plan for Town Hall. I had a very good meeting with the Director City, Community and Cultural Services to go through the process for developing that marketing plan and we will certainly be bringing some more information back to Council, and we will make sure we incorporate that possible use as part of that process.
957 Monday 21 September 2009
ITEM 6 MATTERS FOR TABLING
Disclosures of Interest
Moved by the Chair the Lord Mayor, seconded by Councillor McInerney –
It is resolved that the Disclosures of Interest returns be received and noted.
Carried.
Monday 21 September 2009 958
ITEM 7 REPORT OF THE CORPORATE, FINANCE, PROPERTIES AND TENDERS COMMITTEE - 14 SEPTEMBER 2009
PRESENT
The Lord Mayor Councillor Clover Moore MP (Chair)
Councillor Robert Kok (Deputy Chair)
Councillors Phillip Black, The Hon Dr Meredith Burgmann, Irene Doutney, Chris Harris, Marcelle Hoff, Shayne Mallard, John McInerney and Di Tornai.
At the commencement of business at 2.10pm those present were -
The Lord Mayor, Councillors Black, Burgmann, Doutney, Harris, Hoff, Kok, Mallard, McInerney and Tornai.
Councillor Burgmann left the meeting of the Corporate, Finance, Properties and Tenders Committee at 3.20pm during discussion on Item 7.7 and returned at 3.31pm during discussion on Item 7.10.
Closed Meeting
At 4.07pm, the Corporate, Finance, Properties and Tenders Committee resolved to close the meeting to the public to discuss confidential Attachment A to Item 7.15 on the agenda.
Open Meeting
At 4.23pm, the Corporate, Finance, Properties and Tenders Committee resolved to reopen the meeting to the public.
The meeting of the Corporate, Finance, Properties and Tenders Committee concluded at 4.25pm.
Report of the Committee
Moved by Councillor Kok, seconded by the Chair (the Lord Mayor) -
That the report of the Corporate, Finance, Properties and Tenders Committee of its meeting of 14 September 2009 be received, and the recommendations set out below for Items 7.2, 7.3, 7.5 to 7.13 inclusive and 7.15 be adopted, with Item 7.1 being noted, and Items 7.4 and 7.14 being dealt with as shown immediately following those items.
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 Corporate, Finance, Properties and Tenders Committee.
959 Monday 21 September 2009
The Committee recommended the following:
ITEM 7.2
INVESTMENTS HELD AS AT 31 AUGUST 2009 (S034147)
It is resolved that the Investment Report as at 31 August 2009 be received and noted.
Carried unanimously.
ITEM 7.3
PRESENTATION OF 2008/09 ANNUAL FINANCIAL REPORTS TO COUNCIL (S073142)
It is resolved that Council:
(A) receive the Financial Reports for City of Sydney for the year ended 30 June 2009, as shown at Attachment A to the subject report;
(B) authorise the Lord Mayor, the Deputy Chair of the Corporate, Finance, Properties and Tenders Committee, Chief Executive Officer, and the Finance Manager to sign the General Purpose Financial Reports;
(C) authorise the Lord Mayor, the Deputy Chair of the Corporate, Finance, Properties and Tenders Committee, Chief Executive Officer, and the Finance Manager to sign the Special Purpose Financial Reports;
(D) receive the auditor’s reports on the 2008/09 Financial Reports; and
(E) authorise that notice be given, by newspaper advertisement, of public presentation of the audited 2008/09 Financial Reports for the City of Sydney at the Council meeting on 2 November 2009.
Carried unanimously.
(Note – at the meeting of the Corporate, Finance, Properties and Tenders Committee, Mr Dennis Banicevic, Director of PricewaterhouseCoopers, was invited to address the meeting of the Corporate, Finance, Properties and Tenders Committee on the 2008/09 Financial Reports.
Mr Banicevic, as Council’s auditor, then addressed the Corporate, Finance, Properties and Tenders Committee on the 2008/09 Financial Reports.)
ITEM 7.4
COUNCILLORS' EXPENSES POLICY – PUBLIC EXHIBITION (S048524)
It is resolved that Council approve the draft Councillors’ Expenses Policy 2009, shown at Attachment A to the subject report, subject to the amount for local transport (in paragraphs 17.0 and 17.8) being changed to $5,000, being placed on public exhibition for a period of 28 days.
Monday 21 September 2009 960
Note – the recommendation of the Corporate, Finance, Properties and Tenders Committee was not adopted.
At the meeting of Council, it was moved by Councillor Kok, seconded by Councillor Black -
It is resolved that Council approve the draft Councillors’ Expenses Policy 2009, shown at Attachment A to the subject report, being placed on public exhibition for a period of 28 days, subject to:
(A) the amount for local transport (in paragraphs 17.0 and 17.8) being changed to $5,000; and
(B) all references to private car use and private vehicle use be amended to include car share and vehicle rental.
Carried unanimously.
ITEM 7.5
PROPOSED LEASE – PORTION OF GOULBURN STREET ADJOINING 251-253 GOULBURN STREET SURRY HILLS (2008147)
It is resolved that:
(A) Council grant a lease, pursuant to Section 153 of the Roads Act 1993, to the Owners’ Corporation of Strata Plan 20211 at 251-253 Goulburn Street, Surry Hills for the occupation of part of Goulburn Street as shown on the plan at Attachment B to the subject report;
(B) the lease be for a term of five years, subject to the conditions contained in the schedule shown at Attachment C to the subject report; and
(C) the initial rent be $5,000 per annum plus Goods and Services Tax (GST) with Consumer Price Index review annually.
Carried unanimously.
ITEM 7.6
EXEMPTION FROM TENDER - 2010 SYDNEY NEW YEAR'S EVE CREATIVE DIRECTOR ENGAGEMENT (S062882)
It is resolved that:
(A) Council grant exemption for the requirement to go to tender for the 2010 Sydney New Year’s Eve Creative Director, due to extenuating circumstances in accordance with Section 55 of the Local Government Act 1993; and
(B) authority be delegated to the Chief Executive Officer to enter into a Consultancy Agreement with Rhoda Roberts as the 2010 Sydney New Year’s Eve Creative Director.
Carried unanimously.
961 Monday 21 September 2009
ITEM 7.7
TENDER – PREVENTATIVE AND REACTIVE MAINTENANCE OF MECHANICAL SERVICES (S073088)
It is resolved that:
(A) Council accept the tender offer of Tenderer ‘A’ for the provision of preventative and reactive maintenance of fire services; and
(B) Tender Evaluation Summary, Attachment A to the subject report, remain confidential in accordance with Section 10A(2)(d) of the Local Government Act 1993.
Carried unanimously.
ITEM 7.8
TENDER - CHIPPENDALE CHILD CARE MANAGEMENT (S059762)
It is resolved that:
(A) Council accept the tender offer of Tenderer ‘A’ for the operation and management of the Chippendale Work Based Child Care Centre;
(B) Tender Evaluation Summary, Attachment A to the subject report, remain confidential in accordance with Section 10A(2)(d) of the Local Government Act 1993; and
(C) Council note that, in paragraph 13 of the subject report, the amount of $130,000 should be $30,000.
Carried unanimously.
ITEM 7.9
TENDER – SUPPLY OF 100% GREENPOWER (S050466)
It is resolved that:
(A) Council accept the tender offer of Tenderer ‘A’ for the Supply of 100% GreenPower; and
(B) Tender Evaluation Summary, Attachment A to the subject report, remain confidential in accordance with Section 10A(2)(d) of the Local Government Act 1993.
Carried unanimously.
Monday 21 September 2009 962
ITEM 7.10
TENDER - DECENTRALISED ENERGY MASTER PLAN - RENEWABLE ENERGY (S072290)
It is resolved that:
(A) Council accept the tender offer of Tenderer ‘A’ to develop the Decentralised Energy Master Plan Tender - Renewable Energy; and
(B) Tender Evaluation Summary, Attachment B to the subject report, remain confidential in accordance with Section 10A(2)(d) of the Local Government Act 1993.
Carried unanimously.
ITEM 7.11
TENDER - STRATEGIC ADVISOR URBAN RENEWAL (S053921)
It is resolved that:
(A) Council accept the tender received from Tenderer ‘A’ for Strategic Advisor Urban Renewal; and
(B) Tender Evaluation Summary, Attachment A to the subject report, remain confidential in accordance with Section 10A(2)(d) of the Local Government Act 1993.
Carried unanimously.
ITEM 7.12
TENDER - PRINCE ALFRED PARK POOL UPGRADE – ELECTRICAL SUBSTATION AND ASSOCIATED WORKS (S038715)
It is resolved that:
(A) Council accept the tender offer of Tenderer ‘B’ for the construction of the electrical substation and associated works at Prince Alfred Park; and
(B) Tender Evaluation Summary, Attachment A to the subject report, remain confidential in accordance with Section 10A(2)(d)(ii) of the Local Government Act 1993.
Carried unanimously.
963 Monday 21 September 2009
ITEM 7.13
TENDER - UNION STREET CYCLEWAY PYRMONT (S072302)
It is resolved that:
(A) Council accept the tender offer of Tenderer ‘A’ for Union Street Cycleway, Pyrmont;
(B) Council approve additional funds for the 2010/11 forward capital estimates to complete the project, as detailed in confidential Attachment B; and
(C) Tender Evaluation Summary, Attachment B to the subject report, remain confidential in accordance with Section 10A(2)(d) of the Local Government Act 1993.
Carried unanimously.
ITEM 7.14
TENDER – PRIORITY CYCLEWAY - BOURKE ROAD, MANDIBLE STREET AND BOWDEN STREET, ALEXANDRIA (S077175)
It is resolved that:
(A) Council accept the tender offer of Tenderer ‘A’ for Bourke Road, Mandible Street and Bowden Street priority separated cycleway; and
(B) Tender Evaluation Summary, Attachment C to the subject report, remain confidential in accordance with Section 10A(2)(d) of the Local Government Act 1993.
Note – the recommendation of the Corporate, Finance, Properties and Tenders Committee was not adopted.
At the meeting of Council, it was moved by Councillor Kok, seconded by Councillor Tornai –
It is resolved that:
(A) Council accept the tender offer of Tenderer ‘A’ for Bourke Road, Mandible Street and Bowden Street priority separated cycleway;
(B) Tender Evaluation Summary, Attachment C to the subject report, remain confidential in accordance with Section 10A(2)(d) of the Local Government Act 1993; and
(C) the scope of work for the Bourke Road, Mandible Street and Bowden Street priority separated cycleway be extended to include the use of a green surface on the full length of the cycleway.
Carried unanimously.
Monday 21 September 2009 964
Closed Meeting
At 4.07pm, at the meeting of the Corporate, Finance, Properties and Tenders Committee, it was –
Moved by Councillor Kok, seconded by Councillor Hoff
That the meeting of the Corporate, Finance, Properties and Tenders Committee be closed in accordance with the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 to discuss confidential Attachment A to Item 7.15 on the agenda, as this matter comprised commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the persons who supplied it; and
It be further resolved that the meeting be closed for this item on the basis that discussion of this matter in open session would, on balance, be contrary to the public interest, specifically, there is a need to preserve confidentiality having regard to the subject matter and the circumstances of communication.
Carried.
Open Meeting
At 4.23pm, at the meeting of the Corporate, Finance, Properties and Tenders Committee, it was –
Moved by Councillor Kok, seconded by the Chair (the Lord Mayor) –
That the meeting of the Corporate, Finance, Properties and Tenders Committee be reopened to the public.
Carried.
ITEM 7.15
TENDER - BUSINESS CASE TO ESTABLISH AN ALTERNATIVE WASTE TECHNOLOGY FACILITY (S064050)
It is resolved that:
(A) Council accept the tender offer of Tenderer ‘E’ to prepare a business case to establish an Alternative Waste Technology Treatment Facility;
(B) additional funds be approved from the Capital Works contingency budget, as identified in Attachment A to the subject report; and
(C) Tender Evaluation Summary, Attachment A to the subject report, remain confidential in accordance with Section 10A (2) (d) of the Local Government Act 1993.
Carried unanimously.
965 Monday 21 September 2009
ITEM 8 REPORT OF THE ENVIRONMENT AND HERITAGE COMMITTEE – 14 SEPTEMBER 2009
PRESENT
The Lord Mayor Councillor Clover Moore MP (Chair)
Councillor Phillip Black (Deputy Chair)
Councillors The Hon Dr Meredith Burgmann, Irene Doutney, Chris Harris, Marcelle Hoff, Robert Kok, Shayne Mallard, John McInerney and Di Tornai.
At the commencement of business at 4.37pm those present were –
The Lord Mayor, Councillors Black, Doutney, Harris, Hoff, Kok, Mallard, McInerney and Tornai.
Councillor Burgmann arrived at the meeting of the Environment and Heritage Committee at 4.45pm during discussion on Item 8.2.
The meeting of the Environment and Heritage Committee concluded at 5.17pm.
Report of the Committee
Moved by Councillor Black, seconded by the Chair (the Lord Mayor) -
That the Report of the Environment and Heritage Committee of its meeting of 14 September 2009 be received, and the recommendations set out below for Items 8.2 to 8.4 inclusive be adopted, with Item 8.1 being noted.
Carried unanimously.
ITEM 8.1
DISCLOSURES OF INTEREST
No Councillors disclosed any pecuniary or non-pecuniary interests in any matter on the agenda for this meeting of the Environment and Heritage Committee.
The Committee recommended the following:
ITEM 8.2
OFF-LEASH PROPOSAL – ISABELLA HILLS REST AREA ERSKINEVILLE (S057589)
It is resolved that Isabella Hills Rest Area be designated as an off-leash area at all times.
Carried unanimously.
Monday 21 September 2009 966
Speakers
Ms Madeleine Anderson, Ms Kelly Burke and Mr Arthur Haddad addressed the meeting of the Environment and Heritage Committee on Item 8.2.
ITEM 8.3
PITT STREET MALL REFURBISHMENT – CATENARY LIGHTING – CONCEPT DESIGN (S066995)
It is resolved that Council:
(A) endorse the proposed smart lighting system in connection with the statutory lighting for Pitt Street Mall;
(B) endorse the concept design for the catenary lighting in Pitt Street Mall, as shown at Attachment A to the subject report, for progress to detailed design and construction documentation to achieve an elegant, uncluttered and iconic design with minimal impact on the view to the sky from the Mall; and
(C) request that the detailed design be reviewed by the City’s Design Advisory Panel and then reported back to Council.
Carried unanimously.
ITEM 8.4
SCOPING – PRINCE ALFRED PARK GREEN TRANSFORMER STUDY (S038715)
It is resolved that Council:
(A) note attached studies, peer reviews and Allan Jones Energy & Climate Change overview and feedback;
(B) endorse further design and documentation of Option 1B Trigeneration plant (reciprocating gas fired engine, back up boiler, thermal store allowing plant to operate efficiently, chiller for air conditioning) with the potential for a future Fuel Cell link-in;
(C) request that a Business Case be prepared and reported on Option 1B Trigeneration plant with a future Fuel Cell link-in to assist Council in deciding to proceed with this plant;
(D) amend the tender documentation to include a flexible plant room to house either the base case pool heating equipment or Option 1B Trigeneration plant with future Fuel Cell link-in;
(E) approve a variation for the Head Consultant, Neeson Murcutt Architects, to design and document the flexible plant room and Option 1B Trigeneration plant with future Fuel Cell link-in;
(F) approve variation for the Head Consultant, Neeson Murcutt Architects, to complete increased construction services for this project; and
967 Monday 21 September 2009
(G) call tenders for pool facility works including the flexible plant room in early 2010.
Carried unanimously.
Monday 21 September 2009 968
ITEM 9 REPORT OF THE CULTURAL AND COMMUNITY SERVICES COMMITTEE – 14 SEPTEMBER 2009
PRESENT
The Lord Mayor Councillor Clover Moore MP (Chair)
Councillor Marcelle Hoff (Deputy Chair)
Councillors Phillip Black, The Hon Dr Meredith Burgmann, Irene Doutney, Chris Harris, Robert Kok, Shayne Mallard, John McInerney and Di Tornai.
At the commencement of business at 5.18pm those present were –
The Lord Mayor, Councillors Black, Burgmann, Doutney, Harris, Hoff, Kok, Mallard, McInerney and Tornai.
Councillor Kok left the meeting of the Cultural and Community Services Committee at 6.15pm during discussion on Item 9.4, and did not return.
Order of Business
The Cultural and Community Services Committee agreed, for the convenience of the public present, that the Order of Business be altered such that Item 9.7 be brought forward and dealt with before Item 9.2.
The meeting of the Cultural and Community Services Committee concluded at 6.31pm.
Report of the Committee
Moved by Councillor Hoff, seconded by the Chair (the Lord Mayor) -
That the Report of the Cultural and Community Services Committee of its meeting of 14 September 2009 be received, and the recommendations set out below for Items 9.3, 9.5 and 9.7 be adopted, with Item 9.1 being noted, and Items 9.2, 9.4 and 9.6 being dealt with as shown immediately following those items.
Carried unanimously.
ITEM 9.1
DISCLOSURES OF INTEREST
No Councillors disclosed any pecuniary or non-pecuniary interests in any matter on the agenda for this meeting of the Cultural and Community Services Committee.
The Committee recommended the following:
969 Monday 21 September 2009
ITEM 9.2
DELEGATION VISIT TO GUANGZHOU CHINA – NOVEMBER 2009 (S043115)
It is resolved that Council:
(A) endorse Councillor Marcelle Hoff leading a delegation, with Councillor Robert Kok and the Manager Protocol, to Guangzhou for the International Sister Cities Conference and United Cities and Local Governments World Council in Guangzhou, China from 11 to 14 November 2009; and
(B) note that the Councillors’ Expenses Policy requires Councillors to provide a report on the delegation outcomes to Council.
Note – the recommendation of the Cultural and Community Services Committee was not adopted.
At the meeting of Council, it was moved by Councillor Hoff, seconded by Councillor Kok -
It is resolved that Council:
(A) endorse Councillor Phillip Black leading a delegation, with Councillor Robert Kok and the Manager Protocol, to Guangzhou for the International Sister Cities Conference and United Cities and Local Governments World Council in Guangzhou, China from 11 to 14 November 2009; and
(B) note that the Councillors’ Expenses Policy requires Councillors to provide a report on the delegation outcomes to Council.
The motion was carried on the following show of hands –
Ayes (9) The Lord Mayor, Councillors Black, Burgmann, Doutney, Harris, Hoff, Kok, McInerney and Tornai.
Noes (1) Councillor Mallard.
Motion carried.
ITEM 9.3
SPONSORSHIP REQUEST – SYDNEY MUSIC ARTS AND CULTURE (SMAC) AWARDS (S069600)
It is resolved that:
(A) Council approve a sponsorship of $20,000 cash (excluding GST) to FBi 94.5FM for the production of the 2009 Sydney Music Arts & Culture (SMAC) Awards; and
(B) authority be delegated to the Chief Executive Officer to enter into an agreement with FBi 94.5FM.
Carried unanimously.
Monday 21 September 2009 970
ITEM 9.4
ALLOCATION OF LOCAL ACTION PLAN MATCHING GRANTS – ROUND TWO (S072018)
It is resolved that:
(A) Council approve the 2009/10 Local Action Plan Matching Grants Round Two – Community Celebrations and Small Events project recommendations listed below (all figures exclude GST and all value in-kind is subject to availability):
$ Amount Community Project and conditions for LAP Community and VIK Group funding (if required) Contribution Recommended In-Cash 'Neighbour Day’ event contribution to Conditions: Provide the value of Moore evidence that temporary food $200 Theological licenses have been obtained In-Kind College for the event. contribution to Student Union Liaise with the City's Public Inner the value of Housing Liaison Officer West $200 $300 In-Cash contribution to Working Bee and Celebration the value of at the inaugural Kitchen $620 Garden at Bourke Street In-Kind The Children’s Public school contribution to Kitchen Garden Conditions: Grant to be Inner the value of used for catering only East $11,768 $1,040 Spanish Community Care Association 2009 Christmas In-Cash Party contribution to Conditions: Provide the value of Spanish evidence that temporary food $1,250 Community licenses have been obtained In-Kind Care for the event. contribution to Association Funding not to be used for Inner the value of the purchase of gifts South $2,010 $2000 25th Anniversary celebration of the Food Distribution Network The Food Conditions: Provide In-Kind Distribution evidence that temporary food contribution to Network Inc licenses have been obtained Inner the value of for the event South $2336 $2,092 In-Cash contribution to the value of $1,500 In-Kind Serial Space contribution to Gallery A celebration of artist run Inner the value of initiatives in Chippendale West $2,900 $2,600
971 Monday 21 September 2009
$ Amount Community Project and conditions for LAP Community and VIK Group funding (if required) Contribution Recommended In-Cash contribution to the value of $6,470 In-Kind Harbour City Showcase of International City contribution to Bears Inc 'Bear Culture' via a film East the value of festival $1,280 $3,400 In-Cash contribution to Activities and workshops for the value of Forest Lodge the Mitchell Street Fete $1,610 and Glebe Conditions: Provide In-Kind Coordination evidence to demonstrate contribution to Group relevant approvals to stage North the value of the event. West $2,230 $3,620 Community Festival aimed at celebrating the village of artists and artisans In-Cash Conditions: Grant money to contribution to Erskineville be used on the value of Public School marketing/promotion only. $22,295 Parents & Banner must be re-usable. In-Kind Citizens Provide evidence that contribution to Association temporary food licenses have Inner the value of been obtained for the event West $28,655 $3,808 Monthly community celebrations at 'The Block' in Redfern Conditions: Provide evidence of owners consent for the event to take place. Provide public liability insurance certificate for jumping castle operator. $1200 only to be used for waste services. $3090 only to be used for jumping castle hire. In-Kind Tribal Warrior Work with the City's Senior contribution to Association Project Coordinator (Safe Inner the value of City). South $109,500 $8,580
Monday 21 September 2009 972
$ Amount Community Project and conditions for LAP Community and VIK Group funding (if required) Contribution Recommended Book publication and launch for 'Centre Stage' Conditions: Book to be published with an International Standard Book Number (ISBN). Proceeds from the sale of the book to go to the Older Women’s Network. Acknowledge the City of Sydney's support in all promotional materials or event related to the book. Provide 5 copies of the publication to the City's In-Cash Archive and Library contribution to $5,099 borrowing collection. the value of and VIK Use Invite the Lord Mayor and $400 of Older Women’s Councillors to the book In-Kind Community Network NSW launch event. contribution to facility to the Theatre Group No funding for 'administration City the value of value of and auspice fees' Central $26,240 $260
(B) authority be delegated to the Chief Executive Officer to enter into agreements with any organisation approved for a grant or sponsorship under agreements consistent with the Grants and Sponsorship Policy.
Note – the recommendation of the Cultural and Community Services Committee was not adopted.
At the meeting of Council, it was moved by Councillor Harris, seconded by the Chair (the Lord Mayor) –
It is resolved that:
(A) Council approve the 2009/10 Local Action Plan Matching Grants Round Two – Community Celebrations and Small Events project recommendations listed below (all figures exclude GST and all value in-kind is subject to availability):
$ Amount Community Project and conditions for LAP Community and VIK Group funding (if required) Contribution Recommended In-Cash 'Neighbour Day’ event contribution to Conditions: Provide the value of Moore evidence that temporary food $200 Theological licenses have been obtained In-Kind College for the event. contribution to Student Union Liaise with the City's Public Inner the value of Housing Liaison Officer West $200 $300
973 Monday 21 September 2009
$ Amount Community Project and conditions for LAP Community and VIK Group funding (if required) Contribution Recommended Spanish Community Care Association 2009 Christmas In-Cash Party contribution to Conditions: Provide the value of Spanish evidence that temporary food $1,250 Community licenses have been obtained In-Kind Care for the event. contribution to Association Funding not to be used for Inner the value of the purchase of gifts South $2,010 $2000 25th Anniversary celebration of the Food Distribution Network The Food Conditions: Provide In-Kind Distribution evidence that temporary food contribution to Network Inc licenses have been obtained Inner the value of for the event South $2336 $2,092 In-Cash contribution to the value of $1,500 In-Kind Serial Space contribution to Gallery A celebration of artist run Inner the value of initiatives in Chippendale West $2,900 $2,600 In-Cash contribution to the value of $6,470 In-Kind Harbour City Showcase of International City contribution to Bears Inc 'Bear Culture' via a film East the value of festival $1,280 $3,400 In-Cash contribution to Activities and workshops for the value of Forest Lodge the Mitchell Street Fete $1,610 and Glebe Conditions: Provide In-Kind Coordination evidence to demonstrate contribution to Group relevant approvals to stage North the value of the event. West $2,230 $3,620 Community Festival aimed at celebrating the village of artists and artisans In-Cash Conditions: Grant money to contribution to Erskineville be used on the value of Public School marketing/promotion only. $22,295 Parents & Banner must be re-usable. In-Kind Citizens Provide evidence that contribution to Association temporary food licenses have Inner the value of been obtained for the event West $28,655 $3,808
Monday 21 September 2009 974
$ Amount Community Project and conditions for LAP Community and VIK Group funding (if required) Contribution Recommended Monthly community celebrations at 'The Block' in Redfern Conditions: Provide evidence of owners consent for the event to take place. Provide public liability insurance certificate for jumping castle operator. $1200 only to be used for waste services. $3090 only to be used for jumping castle hire. In-Kind Tribal Warrior Work with the City's Senior contribution to Association Project Coordinator (Safe Inner the value of City). South $109,500 $8,580 Book publication and launch for 'Centre Stage' Conditions: Book to be published with an International Standard Book Number (ISBN). Proceeds from the sale of the book to go to the Older Women’s Network. Acknowledge the City of Sydney's support in all promotional materials or event related to the book. Provide 5 copies of the publication to the City's In-Cash Archive and Library contribution to $5,099 borrowing collection. the value of and VIK Use Invite the Lord Mayor and $400 of Older Women’s Councillors to the book In-Kind Community Network NSW launch event. contribution to facility to the Theatre Group No funding for 'administration City the value of value of and auspice fees' Central $26,240 $260
(B) the application by the Children’s Kitchen Garden be funded “out of round” and that the following components of the application be supported through the Local Action Plans Matching Grants Program:
Compost bins, worm farm and worms $164 Chicken run $700 Tools $1,500 Kanga jack hammer hire $97 Cement mixer hire $58 Wacker packer hire $97 Materials $1,500 Bulk materials $1,400
975 Monday 21 September 2009
Plan and seeds $1,000 Associated with the purchase of a BBQ and homemade lemonade $1,040 Total $7,556
(C) authority be delegated to the Chief Executive Officer to enter into agreements with any organisation approved for a grant or sponsorship under agreements consistent with the Grants and Sponsorship Policy.
Carried unanimously.
ITEM 9.5
PUBLIC ART ADVISORY PANEL – REAPPOINTMENT OF MEMBERS (S054607)
It is resolved that:
(A) Council re-appoint the Public Art Advisory Panel members for a term of two years; and
(B) authority be delegated to the Chief Executive Officer to appoint replacement members within the two year period, in consultation with the Lord Mayor, and update the Terms of Reference as required.
Carried unanimously.
ITEM 9.6
RAINBOW FLAGS (S071623)
It is resolved that Council:
(A) endorse the flying of the rainbow flag at Sydney Town Hall during Mardi Gras Festival (February/March) and Pride Week (June) annually and at other times significant to the gay, lesbian, bisexual and transgender community as required or requested;
(B) request the Chief Executive Officer to liaise with New Mardi Gras limited to arrange:
(i) New Mardi Gras’ and the GLBT community’s participation in the raising of the rainbow flag by the Lord Mayor; and
(ii) inclusion of the event in the annual Sydney Gay and Lesbian Mardi Gras program; and
(C) acknowledge the suggestions made by Councillor Mallard in his report to Council on 1 September 2008 on the San Francisco Sister City Visit.
At the meeting of Council, it was moved by Councillor Black, seconded by the Chair (the Lord Mayor) -
That the recommendation of the Cultural and Community Services Committee be adopted, subject to clause (C) reading as follows:
Monday 21 September 2009 976
(C) acknowledge the suggestions made by Councillors Mallard and Black in their respective reports to Council on 1 September 2008 and 23 February 2009 on the San Francisco Sister City Visit.
Carried unanimously.
ITEM 9.7
SMOKING IN THE PUBLIC DOMAIN (S041093)
It is resolved that the City develop a policy to direct the management of smoking in the public domain, including timeframes and costs. The key policy directions may include that:
(A) the City install “no smoking” signage at the entrance to the City’s children’s playgrounds, community centres, and in covered seating areas and grandstands at City sports facilities;
(B) the City install “courtesy signage” in key malls, plazas and civic spaces, bus and taxi waiting areas, and make announcements about smoking etiquette at all City events;
(C) the City work with key agencies to deliver a public awareness campaign about the courtesy signage;
(D) the City increase installation of bins and ashtrays;
(E) a group of key City staff further investigate issues around outdoor dining smoking bans and viability of designated outdoor smoking areas; and
(F) the City advocate to the State Government for enhanced state legislation and state funding that supports measures by councils across NSW to manage smoking in the public domain.
Carried unanimously.
Speakers
Mr Andy Mark, Mr Stafford Sanders and Mr Andrew Brown addressed the meeting of the Cultural and Community Services Committee on Item 9.7.
977 Monday 21 September 2009
ITEM 10 REPORT OF THE PLANNING DEVELOPMENT AND TRANSPORT COMMITTEE - 14 SEPTEMBER 2009
PRESENT
The Lord Mayor Councillor Clover Moore MP (Chair)
Councillors Phillip Black, The Hon. Dr Meredith Burgmann, Irene Doutney, Chris Harris, Marcelle Hoff, Robert Kok, Shayne Mallard, John McInerney and Di Tornai.
At the commencement of business at 4.35pm those present were:
The Lord Mayor, Councillors Black, Doutney, Harris, Hoff, Kok, Mallard, McInerney and Tornai.
Councillor Burgmann arrived at the meeting of the Planning Development and Transport Committee at 6.37pm, at the resumption of the meeting, which had earlier been adjourned.
The Lord Mayor left the meeting of the Planning Development and Transport Committee at 9.34pm during discussion on Item 10.9, which had been brought forward, and did not return.
Councillor Black left the meeting of the Planning Development and Transport Committee at 10.07pm, during discussion on Item 10.5 and returned at 10.12pm, during discussion on Item 10.2.
Adjournment
At 4.36pm, it was moved by Councillor McInerney, seconded by Councillor Harris -
That the meeting of the Planning Development and Transport Committee be adjourned to enable the meetings of the Environment and Heritage Committee and the Cultural and Community Services Committee to be held.
At the resumption of the meeting of the Planning Development and Transport Committee at 6.37pm, those present were:
The Lord Mayor, Councillors Black, Burgmann, Doutney, Harris, McInerney and Tornai.
Councillor Hoff returned to the meeting of the Planning Development and Transport Committee at 6.39pm, during discussion on Item 10.3, which had been brought forward.
Councillor Mallard returned to the meeting of the Planning Development and Transport Committee at 6.41pm, also during discussion on Item 10.3.
Councillor Kok was not present at the resumption of the meeting of the Planning Development and Transport Committee meeting, having extended his apologies for his inability to attend the remainder of the meeting, as he was representing the Lord Mayor at a function to celebrate the 60th anniversary of the establishment of The People’s Republic of China.
Monday 21 September 2009 978
Sub-Committees
Meetings of the following Sub-Committees of the Planning Development and Transport Committee commenced at the times shown below.
The Planning Policy Sub-Committee, with Councillor McInerney as Deputy Chair, commenced at 10.09pm.
The Major Development Assessment Sub-Committee, with Councillor Tornai as Deputy Chair, commenced at 6.38pm.
The Development Assessment Sub-Committee, with Councillor Black as Deputy Chair, and with Councillor McInerney as Acting Chair during Councillor Black’s absence for part of the discussion on Item 10.9, commenced at 7.13pm.
Order of Business
The Planning Development and Transport Committee agreed, for the convenience of the public present, that the Order of Business be altered such that the agenda items be dealt with in the following order -
3. Development Application: 1-3 Macarthur Street Ultimo – International Grammar School 1. Disclosures of Interest 4. Development Application: 1 Sparkes Lane Camperdown 6. Development Application: 21-23 Erskineville Road Newtown 8. Section 96 Application: 261-265 Chalmers Street Redfern 9. Development Application: 261-265 Chalmers Street Redfern 7. Development Application: 184-190 Pitt Street – 168-174 Pitt Street and 432-450 George Street Sydney – Pitt Street Mall Bridges 5. Development Application: 181 Glebe Point Road Glebe 2. General Business
The meeting of the Planning Development and Transport Committee and all its Sub- Committees concluded at 10.15pm.
ITEM 10.1
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 Development and Transport Committee.
(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 Development and Transport Committee.
979 Monday 21 September 2009
Report of the Planning Policy Sub-Committee
Moved by Councillor McInerney, seconded by Councillor Black -
That the report of the Planning Policy Sub-Committee of its meeting of 14 September 2009 be received, with Items 10.1 and 10.2 being noted.
Carried.
ITEM 10.2
GENERAL BUSINESS (S054963)
State Environmental Planning Policy (Infrastructure) 2007
Councillor Mallard raised the issue of an amendment to State Environmental Planning Policy (Infrastructure) 2007 associated with public transport facilities and its effect on existing development applications, such as for the Domain Car Park and Bus Layover and the 311 Bus Stops, and asked if any information could be provided on this matter.
The Director City Planning and Regulatory Services and the Manager Planning Assessments provided an update on the current status of the Domain Car Park and Bus Layover development application and undertook to provide further information as it becomes available.
It was noted that the issue of the 311 Bus Stops may also require consideration by the Director City Strategy and Design.
Report of the Major Development Assessment Sub-Committee
Moved by Councillor Tornai, seconded by Councillor McInerney -
That the report of the Major Development Assessment Sub-Committee of its meeting of 14 September 2009 be received, with the recommendations set out below for Items 10.3 and 10.4 being adopted.
Carried unanimously.
The Major Development Assessment Sub-Committee recommended the following:
ITEM 10.3
DEVELOPMENT APPLICATION: 1-3 MACARTHUR STREET ULTIMO - INTERNATIONAL GRAMMAR SCHOOL (D/2009/1270)
It is resolved that consent be granted subject to the following conditions:
Monday 21 September 2009 980
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/2009/1270 dated 13 August 2009 and Statement of Environmental Effects prepared by Conics, dated August 2009 and the following drawings: Drawing Architect Date Number
A0000/07 Allen Jack + Cottier 13 August 2009
A2101/09 Allen Jack + Cottier 13 August 2009
A3101/07 Allen Jack + Cottier 13 August 2009
A3201/06 Allen Jack + Cottier 13 August 2009
A8110/02 Allen Jack + Cottier 13 August 2009
A9000/04 Allen Jack + Cottier 13 August 2009
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) STREET LEVEL FACADE
Any future installation of wire mesh or the like on the street level facade openings, to address any possible future security and/or rubbish issues is not supported. Any resolution of such security and/or rubbish issues is to be a coordinated with Council and a high quality design response achieved.
(3) LANDSCAPING OF THE SITE
(a) A detailed Landscape Plan, drawn to scale, by a landscape architect or approved landscape consultant, must be submitted to and approved by Council prior to a Construction Certificate being issued. The plan must include:
(i) Location, numbers and type of plant species;
(ii) Details of planting procedure and maintenance;
(iii) Details of drainage and watering systems.
981 Monday 21 September 2009
All landscaping in the approved plan is to be completed prior to an Occupation Certificate being issued or the use commencing, whichever is earlier.
(b) Prior to a Construction Certificate being issued, a maintenance plan is to be submitted for approval of the Certifying Authority and be complied with during occupation of the property.
(4) DESIGN CHANGES
The following design changes are to be submitted to and approved by Council prior to a Construction Certificate being issued:
(a) The cogging on the western edge of the facade at 5 – 7 MacArthur Street is to be exposed (as shown in the photomontage, drawing A9000-04) so as to interpret the historical association of the four storey building with the subject site. To achieve this, the proposed adjoining wall is to be set back from the outer surface of the cogging.
(b) The proposed balustrade atop the perimeter of the parapet along MacArthur and Bay Streets is to be setback to a distance so that is not highly visible from the surrounding streets.
(5) REMEDIATION
(a) The recommendations and details contained in the Stage 1 Environmental Site Assessment, prepared by Environmental Investigation Services, dated July 2009, must be complied with, in particular, with regard to fill material, ground water and dewatering and acid sulphate soils.
Following the further investigations recommended in the Stage 1 report, the site is to be fully remediated in accordance with current industry standards and a Remediation Action Plan (if required) is to be prepared by an Accredited Site Auditor prior to the commencement of construction works.
(b) Prior to the commencement of any work, other than demolition or excavation in association with remediation of the site, a Site Audit Statement prepared by a NSW DECC accredited auditor is to be submitted clearly stating that the site is suitable for the proposed use.
(6) STUDENT NUMBERS
As a result of the development student numbers across the International Grammar School Ultimo campus must not increase.
(7) BUILDING HEIGHT
Prior to an Occupation Certificate being issued, a Registered Surveyor must provide certification that the height of the building accords with the RL’s (AHD) specified in the approved plans, to the satisfaction of the Principal Certifying Authority.
Monday 21 September 2009 982
(8) DESIGN DETAILS (MAJOR DEVELOPMENT)
The design details of the proposed building facade including all external finishes, colours and glazing must be in accordance with the materials schedule and specifications prepared by Allen Jack + Cottier as shown on the approved architectural plans. Any changes must be submitted to and endorsed by the Director City Planning and Regulatory Services prior to issue of a Construction Certificate.
(9) DESIGN QUALITY EXCELLENCE
(10) ESD
In planning and construction the development must meet the minimum standards imposed by the Green Building Council Australia, Green Star – Education v1 rating tool.
(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;
(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.
(11) FLOOR SPACE RATIO
The following applies to Floor Space Ratio:
(a) The Floor Space Ratio for the building must not exceed 3.76:1; calculated in accordance with the South Sydney Local Environmental Plan 1998. For the purposes of the calculation of FSR, the Gross Floor Area of the building is 1,308sqm.
(b) Prior to an Occupation Certificate being issued, a Registered Surveyor must provide certification of the total Gross Floor Area, utilising the definition under the South Sydney Local Environmental Plan 1998, applicable at the time of development consent, to the satisfaction of the Principal Certifying Authority.
(12) CARE OF BUILDING SURROUNDS
(13) REMOVAL OF GRAFFITI
(14) WASTE AND RECYCLING COLLECTION
983 Monday 21 September 2009
(15) NOISE - GENERAL
(16) NOISE - MECHANICAL PLANT AND EQUIPMENT
(17) INTRUDER ALARM
(18) ASSOCIATED ROADWAY COSTS
(19) COST OF SIGNPOSTING
(20) REFLECTIVITY
(21) PARTITION WALLS
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.
(22) DEMOLITION/SITE RECTIFICATION (if cost is under $50m)
The following conditions apply to the development:
(a) Demolition or excavation must not commence until a Construction Certificate has been issued for construction of the substantive building.
(b) Prior to the Construction Certificate being issued, documentary evidence must be provided to Council that the owner of the site has entered into a Deed with Council, the cost of preparation and execution of such Deed (including stamp duty and registration fees) to be borne by the applicant, which contains such conditions as the Council reasonably requires to ensure the matters set out in this condition are adequately provided for.
(c) Without limiting the generality of paragraph (b), the Deed must provide for:
(i) a bank guarantee to be provided in the sum of $21,400 as security for the costs of such works provided that:
a. the maximum liability under the Deed must not exceed $21,400; and
b. the Council may accept a lesser amount as security if substantiated by detailed design and Quantity Surveyor costing for works which meet the objectives of the condition.
Monday 21 September 2009 984
(ii) Council to be given sufficient contractual rights to be able to ensure that in any of the following events namely:
a. demolition of the existing building has commenced but not been completed;
b. the existing building has been demolished; or
c. the site has been excavated; or
d. the erection of the structure has commenced;
that it, or any person authorised by it, may enter the site and carry out such works at the cost of the applicant (or such other person as the consent authority may approve) as may be then appropriate in the circumstances in each of the abovementioned events, to:
e. make the building safe and of an appearance acceptable to Council at ground level;
f. allow the ground level to be landscaped and of an appearance acceptable to Council from any public vantage point; or
g. for the hole to be covered to allow it to be landscaped and made attractive from any public vantage-point; or
h. in the event that the new building is constructed beyond the ground floor, to allow any hoardings to be removed and the ground floor development to be completed to a tenantable stage;
AND to call on such bank guarantee to cover the cost thereof.
(d) If the site is commenced to be developed and there is suspension in activity for 6 months (or suspensions of activity which in the aggregate exceed 6 months), resulting in a building site which has an appearance not acceptable to Council, then the Council will have the readily enforceable rights to:
(i) require certain works including but not limited to those works necessary to achieve the results referred to in sub-clause (c) (ii)e – h to take place on the site; and
(ii) in the event of default, have the right to enter and carry out these works and to call upon security in the nature of a bank guarantee to cover the cost of the works.
(e) The Deed may provide for the release of the Bank Guarantee at such time that the Final Occupation Certificate for the approved development is issued. If the approved development also relates to works to existing buildings, the relevant Final Occupation Certificate is the one that relates to that part of the approved development which involves the demolition and new construction.
985 Monday 21 September 2009
(23) FLOOD LEVELS
The building is to comply with the flood study titled “Brewsher Consulting Pty Ltd, dated 14 August 2009.
A commemorative plaque, recording the names of the developer, architect, consent authority and year of completion of construction must be installed on the building prior to occupation. The design, location and wording must be submitted to and approved by Council prior to an Occupation Certificate being issued.
(24) PHOTOGRAPHIC ARCHIVAL DOCUMENTATION (MINOR WORKS)
(25) ARCHAEOLOGICAL DISCOVERY DURING EXCAVATION
(26) WASTE AND RECYCLING MANAGEMENT - MINOR
(27) WASTE AND RECYCLING COLLECTION CONTRACT
(28) CONTAMINATED WASTE
(29) NO DEMOLITION PRIOR TO A CONSTRUCTION CERTIFICATE
(30) CONSTRUCTION TRAFFIC MANAGEMENT PLAN
(31) DEMOLITION, EXCAVATION AND CONSTRUCTION MANAGEMENT
(32) EROSION AND SEDIMENT CONTROL - BETWEEN 250 AND 2,500SQM
(33) TEMPORARY GROUND ANCHORS, TEMPORARY SHORING AND PERMANENT BASEMENT/RETAINING WALLS AFFECTING THE ROAD RESERVE
(34) ASBESTOS REMOVAL
(35) PROHIBITION OF ASBESTOS RE-USE
(36) DISPOSAL OF ASBESTOS
(37) ASBESTOS REMOVAL SIGNAGE
(38) SIGNAGE LOCATION AND DETAILS
(39) SKIPS AND BINS
(40) NOTIFICATION OF ASBESTOS REMOVAL
(41) ACID SULPHATE SOILS (ASS)
Prior to development the applicant shall submit details of testing to confirm the presence of ASS and submit an ASS Management Plan for approval by the Certifying Authority if the presence on site is confirmed.
(42) STREET TREE HOARDING PROTECTION
(43) ELECTRICITY SUBSTATION
Monday 21 September 2009 986
(44) SYDNEY WATER CERTIFICATE (QUICK CHECK)
(45) UTILITY SERVICES
(46) TELECOMMUNICATIONS PROVISIONS
(47) ACCESS AND FACILITIES FOR PERSONS WITH DISABILITIES
(48) INSTALLATION OF DUAL-FLUSH TOILETS
(49) INSTALLATION OF WATER EFFICIENT TAPS
(50) INSTALLATION OF WATER EFFICIENT URINALS
(51) RAINWATER TANKS
(52) PHYSICAL MODELS
(53) SUBMISSION OF ELECTRONIC MODELS PRIOR TO CONSTRUCTION CERTIFICATE AND PRIOR TO OCCUPATION CERTIFICATE
(54) FOOTPATH DAMAGE BANK GUARANTEE
(55) APPLICATION FOR HOARDINGS AND SCAFFOLDING ON A PUBLIC PLACE
(56) BARRICADE PERMIT
(57) STORMWATER AND DRAINAGE - MINOR DEVELOPMENT
(58) MECHANICAL VENTILATION
(59) CONTINUED PERFORMANCE OF MECHANICAL VENTILATION
(60) MICROBIAL CONTROL
(61) CONTROL OF LEGIONNAIRES DISEASE
(62) STRUCTURAL CERTIFICATION FOR DESIGN - BCA (ALL BUILDING CLASSES)
(63) ACOUSTIC TREATMENT
(64) ANNUAL FIRE SAFETY STATEMENT FORM
(65) FIRE SAFETY CERTIFICATE TO BE SUBMITTED
(66) SPRINKLER SYSTEM
(67) COMPLIANCE WITH BUILDING CODE OF AUSTRALIA
987 Monday 21 September 2009
SCHEDULE 1C
During Construction/Prior to Occupation/Completion
(68) HOURS OF WORK AND NOISE – OUTSIDE CBD
(69) SITE NOTICE OF PROJECTS DETAILS AND APPROVALS
(70) USE OF APPLIANCE OF A HIGHLY INTRUSIVE NATURE
(71) LIGHTING OF SITE OUTSIDE OF STANDARD CONSTRUCTION HOURS
(72) SYDNEY WATER CERTIFICATE
(73) CONNECTION TO SEWERS OF SYDNEY WATER CORPORATION
(74) EROSION AND SEDIMENT CONTROL
(75) PROTECTION OF STREET TREES DURING CONSTRUCTION
(76) CONNECTION TO SEWERS OF SYDNEY WATER CORPORATION
(77) HAZARDOUS AND INDUSTRIAL WASTE
(78) COVERING OF LOADS
(79) VEHICLE CLEANSING
(80) ENCROACHMENTS – NEIGHBOURING PROPERTIES
(81) ENCROACHMENTS – PUBLIC WAY
(82) SURVEY
(83) SURVEY CERTIFICATE AT COMPLETION
(84) STREET NUMBERING – MAJOR DEVELOPMENT
(85) STREET NAME PLATE
(86) OCCUPATION CERTIFICATE TO BE SUBMITTED
(87) LOADING AND UNLOADING DURING CONSTRUCTION
(88) NO OBSTRUCTION OF PUBLIC WAY
(89) USE OF MOBILE CRANES
SCHEDULE 2
The prescribed conditions in accordance with Clause 98 of the Environmental Planning and Assessment Regulation 2000 apply to the development.
Carried unanimously.
Monday 21 September 2009 988
ITEM 10.4
DEVELOPMENT APPLICATION: 1 SPARKES LANE CAMPERDOWN (D/2009/799)
It is resolved that the application be refused for the following reasons:
(1) Impacts on neighbouring residential amenity. The proposal will result in a loss of privacy and overshadowing as a result of the site constraints, building separation issues and over-development of the site. The proposal does not meet the objectives of the mixed use zone or the performance criteria FSR and height controls.
(2) The proposal fails to comply with the public domain requirements contained within SEPP 65, the Residential Design Code and the South Sydney DCP in terms of:
(a) The provision of a 4m wide through site link. The proposed link is too narrow, and has insufficient planting. The relationship of the through site link with the adjoining driveway and garages and the set back of the upper floors of the building do not provide an attractive, legible and safe public space.
(b) No ground level open space or planting are proposed.
(c) The loss of a mature, healthy oak tree on site and the adverse impacts on the stability and health of a weeping willow tree at 14 Sparkes Street.
(3) The proposal fails to comply with the urban design requirements contained within SEPP 65, the Residential Design Code and the South Sydney LEP and DCP in terms of:
(a) Fifty per cent of the units fail to comply with SEPP 65 which requires 2 bedroom units to have a minimal internal area of 80sqm. The units have no outlook due to lack of separation with adjoining residential buildings.
(b) The location and design of the building entry is unacceptable. The building entry lacks public presence, it does not contribute positively to the streetscape or allow equal access and will result in public safety issues.
(c) The facade treatment lacks articulation and detailing and does not contribute to the character and design of the public domain and streetscape.
(d) The garbage area is insufficient in size to meet the needs of the development.
(e) The roof design is not integrated with the development and the space will overlook neighbouring residents.
(4) Insufficient information has been submitted to address flooding issues.
989 Monday 21 September 2009
(5) The proposal is not in the public interest.
Carried unanimously.
Speakers
Mr Peter Punch, Mr Stefan Rosenfield, Mr Laurence James Laffan, Mr David McCarroll and Mr Andrew Aitchison addressed the meeting of the Planning Development and Transport Committee (Major Development Assessment Sub-Committee) on Item 10.4. Report of the Development Assessment Sub-Committee
Moved by Councillor Black, seconded by Councillor McInerney -
That the report of the Development Assessment Sub-Committee of its meeting of 14 September 2009 be received, with the recommendation set out below for Item 10.5 being adopted, and Items 10.6 to 10.9 inclusive being dealt with as shown immediately following those items.
Carried unanimously.
The Development Assessment Sub-Committee recommended the following:
ITEM 10.5
DEVELOPMENT APPLICATION: 181 GLEBE POINT ROAD GLEBE (D2009/761)
It is resolved that consent be granted 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. D2009/761 dated 28/5/2009 and Statement of Environmental Effects prepared by ‘kpa’-Ken Powell architect, dated 20 May 2009 and the following drawings:
Drawing Architect Date Number
DA01 Rev A Kpa – ken powell architect September 2008
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.
Monday 21 September 2009 990
(2) DESIGN MODIFICATIONS
The design of the building must be modified as follows:
(a) Existing external walls on the rear wing are to remain unclad to facilitate the interpretation of the original heritage building.
(b) The existing third/top floor windows within the Glebe Point Road facade of the building are to be restored to their original form and detailing, based on historic and documentary evidence.
(c) The proposed alterations to the existing rear windows are not approved. An alternative fire solution is to be developed that retains the existing sash windows or provides the same style of window. A solution may include retaining the existing windows and fixing them closed.
(d) The proposed modifications to the balustrade of the main stair are to be sympathetic to the design of the original stair. The design is to ensure that impacts on heritage fabric and appearance are minimised.
(e) That the ground level addition is amended to include a minimum of 1 permanent bicycle storage space for use by staff members; and
(f) That the off street car park design be reconfigured to include 1 disabled parking space that connects to a continuous accessible path of travel into the building from the rear.
The above modifications are to be submitted to and approved by Council prior to any Construction Certificate being issued.
(3) FLOOR SPACE RATIO - ALL OTHER AREAS
The following applies to Floor Space Ratio:
(a) The Floor Space Ratio for the commercial use must not exceed 2.3:1 calculated in accordance with the Leichhardt LEP 2000. For the purposes of the calculation of FSR, the total Gross Floor Area of the site including the proposed development is 535.5sqm.
(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 Leichhardt LEP 2000, applicable at the time of development consent, to the satisfaction of the Principal Certifying Authority.
(4) APPROVED DESIGN ROOF - TOP PLANT
(5) GENERAL HERITAGE
(6) MATERIALS
(7) STAFF AND STUDENT NUMBERS
A maximum of 41 students is permitted within the entirety of the complex at any one time.
991 Monday 21 September 2009
(8) 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 $225.48
Public Domain $321.82
New Open Space $2,642.10
Accessibility $26.42
Management $28.56
Total $3,244.38
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 – June 2009.
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 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.
Monday 21 September 2009 992
(9) NOISE - GENERAL
(10) CAR PARKING SPACES AND DIMENSIONS
A maximum of 3 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.
(11) STACKED PARKING EMPLOYEES OR TENANTS ONLY
(12) BICYCLE PARKING
(13) LOCATION OF DRIVEWAYS
(14) VEHICLE FOOTWAY CROSSING
(15) LOADING WITHIN SITE
(16) PARKING METERS
(17) TRAFFIC WORKS
(18) ASSOCIATED ROADWAY COSTS
(19) INSTALLATION OF DUAL-FLUSH TOILETS
(20) INSTALLATION OF WATER EFFICIENT TAPS
(21) INSTALLATION OF WATER EFFICIENT URINALS
SCHEDULE 1B
Prior to Construction Certificate/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.
(22) STRUCTURAL CERTIFICATION FOR DESIGN - BCA (ALL BUILDING CLASSES)
(23) STRUCTURAL CERTIFICATION FOR PARTY WALLS
(24) BCA COMPLIANCE - ALTERATIONS AND ADDITIONS - UPGRADE OF WHOLE OR PART OF BUILDING IS REQUIRED (CC REQUIRED)
(25) BCA - NEW BUILDINGS WORKS - CLASS 2-9 BUILDINGS
993 Monday 21 September 2009
(26) WASTE AND RECYCLING MANAGEMENT - COMMERCIAL
(27) NO DEMOLITION PRIOR TO A CONSTRUCTION CERTIFICATE
(28) EROSION AND SEDIMENT CONTROL - BETWEEN 250 AND 2,500SQM
(29) DILAPIDATION REPORT – MINOR
(30) ROAD OPENING PERMIT
(31) ASBESTOS REMOVAL
(32) CONTAMINATION
(33) UTILITY SERVICES
(34) FOOTPATH DAMAGE BANK GUARANTEE
(35) APPLICATION FOR HOARDINGS AND SCAFFOLDING ON A PUBLIC PLACE
(36) BARRICADE PERMIT
(37) ALIGNMENT LEVELS
(38) STORMWATER AND DRAINAGE - MAJOR DEVELOPMENT
(39) DEMOLITION, EXCAVATION AND CONSTRUCTION MANAGEMENT
(40) CONSTRUCTION TRAFFIC MANAGEMENT PLAN
SCHEDULE 1C
During Construction/Prior to Occupation/Completion
(41) HOURS OF WORK AND NOISE – OUTSIDE CBD
(42) ANNUAL FIRE SAFETY STATEMENT FORM
(43) FIRE SAFETY CERTIFICATE TO BE SUBMITTED
(44) FLASHINGS TO BOUNDARY WALLS
(45) SYDNEY WATER CERTIFICATE
(46) PROTECTION OF STREET TREES DURING CONSTRUCTION
(47) COVERING OF LOADS
(48) VEHICLE CLEANSING
(49) LOADING AND UNLOADING DURING CONSTRUCTION
(50) NO OBSTRUCTION OF PUBLIC WAY
Monday 21 September 2009 994
(51) ACCESS DRIVEWAYS TO BE CONSTRUCTED
(52) USE OF MOBILE CRANES
(53) SURVEY CERTIFICATE AT COMPLETION
(54) OCCUPATION CERTIFICATE TO BE SUBMITTED
SCHEDULE 2
The prescribed conditions in accordance with Clause 98 of the Environmental Planning and Assessment Regulation 2000 apply to the development.
Carried unanimously.
ITEM 10.6
DEVELOPMENT APPLICATION: 21-23 ERSKINEVILLE ROAD NEWTOWN (D/2009/537)
The Development Assessment Sub-Committee decided that consideration of this matter be deferred to the meeting of Council on 21 September 2009.
At the meeting of Council, it was moved by Councillor Black, seconded by Councillor Mallard –
It is resolved that consent be granted subject to the conditions as detailed in the subject report.
Variation. At the request of Councillor McInerney, and by consent, the motion was varied by the amendment of Condition (15), such that it read as follows:
(15) TRAFFIC WORKS
(a) To avoid peak hour queuing across the intersection of Gowrie Street and Erskineville Road, the applicant must approach the RTA and investigate a means to enforce ‘no queuing across the intersection’. This is to be at no expense to Council and evidence of the options investigated must be submitted to Council’s satisfaction prior to the issue of a construction certificate.
(b) A separate submission must be made to the Sydney Traffic Committee via the City Infrastructure Traffic Operations Unit seeking the City’s approval for any changes to kerb-side parking arrangements, with the exception of spaces lost as a result of new vehicle crossovers. 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 changes to all signs and stems from the kerb line of the nearest intersection. All costs to the changes to the sign posting will be at no cost to Council.
995 Monday 21 September 2009
The motion was carried on the following show of hands –
Ayes (7) The Lord Mayor, Councillors Black, Hoff, Kok, Mallard, McInerney and Tornai
Noes (3) Councillors Burgmann, Doutney and Harris.
Motion carried.
The motion, as adopted by Council, is as follows:
It is resolved that consent be granted 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/2009/537 dated 20 April 2009 and the following drawings:
Drawing Number Architect Date
DA03 Revision B Brian Meyerson Architects 06.04.2009
DA04 Revision B Brian Meyerson Architects 06.04.2009
DA05 Revision B Brian Meyerson Architects 06.04.2009
DA06 Revision B Brian Meyerson Architects 06.04.2009
DA07 Revision B Brian Meyerson Architects 06.04.2009
DA08 Revision B Brian Meyerson Architects 06.04.2009
DA09 Revision B Brian Meyerson Architects 06.04.2009
DA11 Revision B Brian Meyerson Architects 06.04.2009
DA12 Revision B Brian Meyerson Architects 06.04.2009
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.
Monday 21 September 2009 996
(2) APPROVED USE
The approved use for the site is a grocery store/supermarket.
(3) TRADING AREA
The size of the trading area is to be no larger than 745m², as shown on the ground floor plan (DA03, Revision B).
(4) DESIGN MODIFICATIONS
To eliminate its encroachment on the public way, the entry door shown on the Gowrie Street opening of the car park onto the public footway is to be deleted or re-designed to Council’s satisfaction. The modification is to be submitted to and approved by Council prior to a Construction Certificate being issued.
(5) GLAZING
All glazing to the street frontage is to be clear and untinted.
(6) DESIGN DETAILS
(7) EXTERNAL COLOUR SCHEME
(8) HOURS OF OPERATION
The hours of operation are restricted to between 7.00am and 10.00pm, Monday to Saturday; and 8.00am to 10.00pm on Sunday.
(9) CUSTOMER TROLLEYS
Only hand-held baskets can be provided to customers of the grocery store/supermarket. The use of trolleys is prohibited.
(10) SIGNS - SEPARATE DA REQUIRED
(11) SERVICE VEHICLES
The length of any vehicle servicing the site is not to exceed 8.8m.
(12) PLAN OF MANAGEMENT TO BE SUBMITTED AND APPROVED
(a) A Plan of Management and Security Management Plan must be prepared to address all operational, management and security procedures to be employed, to ensure that the premises can operate without disturbance to the surrounding locality. The plans must reflect the whole of the operations.
(b) The Plan of Management and Security Management Plan must specify how the use will be operated / managed, taking into account management of anti-social behaviour; security and response methods; security management of the public and private domain within and surrounding the site; the handling of complaints; and other operational conditions.
997 Monday 21 September 2009
(c) In terms of traffic measures, the Plan of Management must:
(i) Restrict vehicles servicing the site that are over 7m in length from turning right from Erskineville Road into Gowrie Street from 6.00am to 10.00am and 3.00pm to 7.00pm, Monday to Friday.
(ii) Restrict vehicles servicing the site that are over 7m in length from turning right from Angel Street into Erskineville Road from 6.00am to 10.00am and 3.00pm to 7.00pm, Monday to Friday. This restriction is to be reviewed by the RTA after one year of operation to determine its effect and remedial measures undertaken if the restrictions are ineffective or result in any adverse impacts.
(d) The plans must be submitted to and approved by Council prior to a Construction Certificate being issued.
(e) The approved plans must be implemented during operation of the use.
(13) CAR PARKING SPACES AND DIMENSIONS
(a) A minimum of 16 off-street car parking spaces must be provided.
(b) 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.
(14) LOADING AREA
(a) The loading dock must have minimum dimensions of 3.5m x 7.5m with a minimum head clearance of 3.6m.
(b) Adequate space must be provided to allow manoeuvring and turning of the different sized vehicles. The design, layout, signage, line marking, lighting and physical controls for all service vehicles must comply with the minimum requirements of Australian Standard AS 2890.2 – 2002 Off-Street Parking Part 2: Commercial vehicle facilities. Details must be submitted to and approved by the Certifying Authority prior to a Construction Certificate being issued.
(15) TRAFFIC WORKS
(a) To avoid peak hour queuing across the intersection of Gowrie Street and Erskineville Road, the applicant must approach the RTA and investigate a means to enforce ‘no queuing across the intersection’. This is to be at no expense to Council and evidence of the options investigated must be submitted to Council’s satisfaction prior to the issue of a construction certificate.
Monday 21 September 2009 998
(b) A separate submission must be made to the Sydney Traffic Committee via the City Infrastructure Traffic Operations Unit seeking the City’s approval for any changes to kerb-side parking arrangements, with the exception of spaces lost as a result of new vehicle crossovers. 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 changes to all signs and stems from the kerb line of the nearest intersection. All costs to the changes to the sign posting will be at no cost to Council.
(16) ACCESSIBLE CAR PARKING SPACES
Of the required car parking spaces, at least one must be 3.2m x 5.5m minimum (with minimum headroom of 2.5m) and must be clearly marked and appropriately located as accessible parking for people with mobility impairment. The design and layout of accessible car parking for people with mobility impairment is to be provided in accordance with Australian Standard AS/NZS 2890.1 - 2004 Parking facilities Part 1: Off-street car parking and the City of Sydney Access Development Control Plan 2004. The details must be submitted to and approved by the Certifying Authority prior to a Construction Certificate being issued.
(17) LOCATION OF ACCESSIBLE CAR PARKING SPACES
(18) VEHICLES ENTER/LEAVE IN FORWARD DIRECTION
(19) SIGNS AT EGRESS
(20) VEHICLE FOOTWAY CROSSING
(21) LOADING WITHIN SITE
(22) LOADING/PARKING KEPT CLEAR
(23) BICYCLE PARKING
(a) The proposed bicycle parking along the footway on Erskineville Road is not approved. All required bicycle parking is to be located within the development site.
(b) The layout, design and security of bicycle facilities either on-street or off-street must comply with the minimum requirements of Australian Standard AS 2890.3 – 1993 Parking Facilities Part 3: Bicycle Parking Facilities except that:
(i) All bicycle parking for staff/employees of any land uses must be Class 2 bicycle facilities, and
(ii) Bicycle parking for visitors of any land uses must be Class 3 bicycle rails.
(24) NO SPRUIKING/AMPLIFIED NOISE
999 Monday 21 September 2009
(25) VISIBILITY TO STORE INTERIOR
(a) The layout of any shop fittings, refrigeration equipment and the like in the Erskineville Road shopfront windows must maintain substantial visibility to the shop interior. In order to maintain substantial visibility, shop fittings, refrigeration equipment, shelving etc must not be located flush against the shopfront window.
(b) A plan showing the store’s internal layout must be submitted and approved prior to the issue of a Construction Certificate.
(26) COMPLIANCE WITH ACOUSTIC REPORT
All recommendations contained in the acoustic report prepared by Acoustic Logic Consultancy (report reference 2007599.2/1203A/R2/VF, dated April 2009, are to be implemented during construction and use of the premises, including the following:
(a) Use of the loading dock only between the hours of 7.00am to 8.00pm Monday to Saturday and 8.00am to 6.00pm on Sundays
(b) Garbage compacting within the loading dock can be operated during the day and evening (7.00am to 10.00pm) only with the entry/exit roller shutter doors closed.
(c) The roller shutter to the loading dock remaining closed at all times except for when trucks enter and leave the loading docks.
(d) A secondary DMF International 4mm thick PVC Quick Lift door to be installed behind the roller shutters with all perimeter gaps minimised. The secondary door to be spaced a minimum of 200mm away from the external roller door. The secondary doors should be operated so that they are open for a minimum amount of time, and close before the external roller shutter.
(e) The loading dock shall be ventilated with all plant and relief air openings acoustically treated to comply with the recommended receiver noise levels.
(f) The ceiling of the loading dock shall be lined with an absorptive lining having an NRC > 0.7.
Details of (d), (e) and (f) are to be submitted and approved by Council prior to the issue of a Construction Certificate.
(27) NOISE - GENERAL
(28) NOISE - MECHANICAL PLANT AND EQUIPMENT
(29) TREE REMOVAL
(a) Approval is not granted for the removal of the following trees, which Council has determined to be prominent landscape elements:
Monday 21 September 2009 1000
Botanical Name Dimension Location (metres)
Platanus 4 x 3 Erskineville Road Platanus 4 x 3 Erskineville Road Pistachio chinensis 4 x 2 Gowrie Street
(b) In accordance with approved drawing DA03 (Revision B), the two remaining street trees (Pistachio chinensis) located on the public footway, adjacent to the property on Gowrie Road, can be removed during development works.
(30) TREE PROTECTION DURING CONSTRUCTION
(31) STREET TREE PLANTING AND MAINTENANCE
(a) A Landscape Plan indicating the location of the street trees to be planted in association with the development must be submitted to Council for approval prior to the issuing of the Construction Certificate. Street trees must be located and planted in accordance with the City’s Street Tree Master Plan, and the following requirements:
(b) The replacement species must be two Pistachio chinensis (Chinese Pistachio) planted in a minimum container size of 200 litres with a height of 1.5 metres, and planted in accordance with the City’s Street Tree Masterplan.
(c) The street trees must be planted:
(i) By a qualified Arborist or Horticulturist (AQF Level 3); and
(ii) Before the issuing of an Occupation Certificate.
(d) The tree pits must be inspected by Council’s Contract Coordinator – Street Trees, before and after planting.
(e) All street trees planted in accordance with the approved Landscape Plan must be maintained by a qualified Horticulturist or Arborist (AQF Level 2 or 3) for a minimum period of twelve (12) months commencing on the planting date. Maintenance includes, without limitation, watering, weeding, removal of rubbish from tree base, pruning, fertilizing, pest and disease control and any other operations to maintain a healthy robust tree.
(f) At the end of the twelve (12) month maintenance period, written approval must be obtained from Council before hand-over of any street tree to Council.
(g) If a street tree has been replaced due to maintenance deficiencies during the twelve (12) month maintenance period, the twelve (12) month maintenance period will start again from the date that the street tree is replaced.
1001 Monday 21 September 2009
(32) TREE PRUNING AND REMOVAL
(a) The Consent from Council must be obtained prior to the undertaking of any street tree pruning works. Only minor pruning will be approved by Council.
(b) Any pruning that is required to accommodate hoardings, scaffolding, or to accommodate the loading/unloading of vehicles, and has been approved by Council shall be carried our by a qualified Arborist (AQF Level 3), and must be in accordance with AS4373-1997 Australian Standard ‘Pruning of Amenity Trees”.
(c) The removal of any street tree approved by Council must include complete stump removal and the temporary reinstatement of levels so that no trip or fall hazards exist until suitable replanting planting occurs. These works must be completed immediately following the tree’s removal.
(33) 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 $ 3,505.21
Public Domain $ 6,758.40
New Open Space $55,484.18
Accessibility $ 554.70
Management $ 599.76
Total $66,902.25
The above payments will be adjusted according to the relative change in the Consumer Price Index using the following formula.
Monday 21 September 2009 1002
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 – Sept 2008.
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 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.
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.
(34) NO DEMOLITION PRIOR TO A CONSTRUCTION CERTIFICATE
(35) DEMOLITION, EXCAVATION AND CONSTRUCTION MANAGEMENT
(36) CONSTRUCTION TRAFFIC MANAGEMENT PLAN
(37) PUBLIC DOMAIN PLAN
(38) APPLICATION FOR HOARDINGS AND SCAFFOLDING ON A PUBLIC PLACE
(39) BARRICADE PERMIT
(40) FOOTPATH DAMAGE BANK GUARANTEE
(41) STORMWATER AND DRAINAGE - MAJOR DEVELOPMENT
(42) SYDNEY WATER CERTIFICATE (QUICK CHECK)
(43) WASTE AND RECYCLING MANAGEMENT - COMMERCIAL
(44) WASTE AND RECYCLING COLLECTION CONTRACT
1003 Monday 21 September 2009
(45) ACCESS FOR PERSONS WITH DISABILITIES
(46) STRUCTURAL CERTIFICATION FOR DESIGN - BCA (ALL BUILDING CLASSES)
(47) STRUCTURAL CERTIFICATION FOR EXISTING BUILDING - ALTERATIONS AND ADDITIONS
(48) VERIFICATION OF SUPPORT FOR NEW LOADS
(49) STRUCTURAL CERTIFICATION FOR DESIGN - BCA (ALL BUILDING CLASSES)
(50) BCA - NEW BUILDINGS WORKS - CLASS 2-9 BUILDINGS
(51) ANNUAL FIRE SAFETY STATEMENT FORM
(52) FIRE SAFETY CERTIFICATE TO BE SUBMITTED
(53) CONSTRUCTION AND FITOUT OF FOOD PREMISES
(54) FINAL INSPECTION (FOOD PREMISES)
(55) FOOD PREMISES DATA BASE
(56) NOTIFY NSW FOOD AUTHORITY
SCHEDULE 1C
During Construction/Prior to Occupation/Completion
(57) OCCUPATION CERTIFICATE TO BE SUBMITTED
(58) HOURS OF WORK AND NOISE – OUTSIDE CBD
(59) LOADING AND UNLOADING DURING CONSTRUCTION
(60) NO OBSTRUCTION OF PUBLIC WAY
(61) COVERING OF LOADS
(62) PROTECTION OF STREET TREES DURING CONSTRUCTION
(63) VEHICLE CLEANSING
(64) ACCESS DRIVEWAYS TO BE CONSTRUCTED
(65) USE OF MOBILE CRANES
(66) SYDNEY WATER CERTIFICATE (QUICK CHECK)
Monday 21 September 2009 1004
SCHEDULE 2
The prescribed conditions in accordance with Clause 98 of the Environmental Planning and Assessment Regulation 2000 apply to the development.
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 McInerney –
That Councillor Mallard be granted an extension of time to speak on this matter.
Carried.
Moved by Councillor Tornai, seconded by Councillor Black –
That Councillor McInerney be granted an extension of time to speak on this matter.
Carried.
Moved by the Chair (the Lord Mayor), seconded by Councillor McInerney –
That Councillor Harris be granted an extension of time to speak on this matter.
Carried.
Speakers
Mr Robert Plius, Mr Brett Mason, Ms Marjo Oksanen, Mr Wayne Armstrong, Ms Penny Hardy, Ms Jan Novak, Mr Mike Perrott, Mr Zio Ledeux, Ms Judy Law, Mr Craig Wilcox, Mr James Adams, Mr David Latham, Mr Peter Brewer, Mr Leith Mansell, Mr Gary Shiels, Mr Peter Leyshon, Mr Harold Finger and Mr Graham Pindar addressed the meeting of the Planning Development and Transport Committee (Development Assessment Sub- Committee) on Item 10.6.
ITEM 10.7
DEVELOPMENT APPLICATION: 184-190 PITT STREET-168-174 PITT STREET AND 432-450 GEORGE STREET SYDNEY - PITT STREET MALL BRIDGES (D/2009/817)
The Development Assessment Sub-Committee decided that consideration of this matter be deferred to the meeting of Council on 21 September 2009.
At the meeting of Council, it was moved by Councillor Black, seconded by Councillor McInerney –
It is resolved that consent be granted subject to the conditions as detailed in the subject report.
Variation. During discussion, Councillor Black, with the consent of the seconder of the motion, varied the motion by amending Condition (22), such that it reads as follows:
1005 Monday 21 September 2009
(22) ECOLOGICALLY SUSTAINABLE DEVELOPMENT
Details are to be provided to confirm that the pedestrian bridge has been designed to ensure a structure that matches the 5 star approved rating system of the broader Westfield Sydney City development known as Consent No D/2007/1228 and associated Section 96 approvals, through the use of natural ventilation and materials and shall ensure that the bridge is not mechanically ventilated to the extent that it is consistent with the contents of the letter dated 18 September 2009 from Cundall to Westfield Design and Construction Pty Ltd, with the one exception that natural ventilation louvres are to be open when the outside air temperature is between 16 and 26 degrees as measured in the shade.
The motion, as varied by consent, was carried unanimously.
The motion, as adopted by Council, is as follows:
It is resolved that consent be granted 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/2009/817 dated 5 June 2009 and Statement of Environmental Effects prepared by Ingham Planning Pty Ltd, dated June 2009 and the following drawings:
Drawing Architect Date Number BR2-DA-309/3 John Wardle Architects 02.06.09 BR2-DA-310/2 John Wardle Architects 15.05.09 BR2-DA-311/2 John Wardle Architects 15.05.09 BR2-DA-349/2 John Wardle Architects 15.05.09 BR2-DA-350/2 John Wardle Architects 15.05.09 BR2-DA-351/2 John Wardle Architects 15.05.09 BR2-DA-352/2 John Wardle Architects 15.05.09 BR2-DA-552/2 John Wardle Architects 15.05.09 BR2-DA-560/3 John Wardle Architects 02.06.09 BR2-DA-580/2 John Wardle Architects 15.05.09 BR2-DA-590/3 John Wardle Architects 02.06.09
Monday 21 September 2009 1006
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
Prior to the issue of a Construction Certificate the applicant is to provide a detailed Architectural Design and Engineering Report (including detailed plans and material sample boards) to the satisfaction of the Director City Planning and Regulatory Services demonstrating:
(a) The design of the bridges will be seamless, lightweight, structurally sound and will achieve maximum transparency through design and material selection generally in accordance with the photomontages submitted with the application.
(b) Restoration and reconstruction details for reinstating the Pitt Street facade of the Sydney Central Plaza building at the two existing bridge penetration points to match existing masonry and window details and (as relevant) other original materials, colours, finishes, sizes and profiles.
(c) Details of glazing immediately flanking the bridge at the Pitt Street entry point to Sydney Central Plaza building facade that confirm it will be aligned with the primary glass line in the existing masonry openings.
(d) Deletion of the folded glass canopy above and adjacent to the bridge entry point to the facade of the Sydney Central Plaza building.
(e) Deletion of the canopy/cowl above and adjacent to the bridge entry point to the facade of the Westfield City Sydney building.
(f) Deletion of those sections of the louvred bays adjacent to the bridge entry point to the Westfield City Sydney facade that protrude beyond the main building facade line and over the Pitt Street Mall.
(g) Frit pattern details to the roof of the bridge that confirm light colours will be used giving an opacity that does not exceed 50%.
(h) Details of design modifications to the bridge’s central primary deck and supporting beam structure that reduce the actual and perceived massing and depth of the supporting beam through greater use of profiled edges such as illustrated in the JWA sketch dated 28/7/09 (959105/G).
(i) Details of internal lighting.
(j) Details that confirm that the bridge soffit design will ameliorate reverberant noise.
(k) How the pedestrian bridge will be maintained and kept clean. This includes details of any installations to be erected on the bridge to enable cleaning to take place.
(3) DESIGN QUALITY EXCELLENCE
1007 Monday 21 September 2009
(4) REFLECTIVITY
All bridge glazing, including the rooftop, is to have a visible light reflectivity of 17% or less.
(5) USE - PEDESTRIAN ACCESS ONLY
The bridge is not to be sub-let for any retail use, vending machines and the like. The bridge must be used as a means of pedestrian access only.
(6) SIGNS PROHIBITED/ GLAZING KEPT CLEAR OF OBSTRUCTIONS
The bridge is not to contain any form of signage and glazing is to be kept clear of any intrusions of clutter at all times. No internal furniture, partitions or temporary displays are permitted.
(7) HOURS OF OPERATION - MINOR DEVELOPMENT
The bridge is to remain accessible at all times during the openings of connecting stores.
(8) CONSENT TO LAPSE
Consent for the bridge is to lapse upon the departure of Myer from the connecting site at 432-450 George Street, Sydney or upon termination of any Council lease associated with the approved bridge, whichever is the sooner.
(9) REMOVAL OF GRAFFITI
(10) NO SPRUIKING/AMPLIFIED 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 the bridge.
(11) NOISE - USE (GENERAL)
(12) NOISE - MECHANICAL PLANT AND EQUIPMENT
(13) SECTION 61 CONTRIBUTIONS PAYABLE - REGISTERED QUANTITY SURVEYOR'S DETAILED COST REPORT - SUBMITTED AND VERIFIED PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE
A cash contribution comprising 1% of the total cost of the development is payable to the City of Sydney pursuant to section 61 of the City of Sydney Act 1988 and the Central Sydney Contribution (Amendment) Plan 2002 in accordance with the following:
(a) Prior to a Construction Certificate being issued, evidence must be provided of Council’s written verification of the amount of the contribution as required in (b) below, and then that the levy has been paid to the Council in accordance with this condition. Payment may be by EFTPOS (debit card only), CASH or a BANK CHEQUE made payable to the City of Sydney. Direct debit, personal or company cheques will not be accepted.
Monday 21 September 2009 1008
(b) The contribution must not be paid to the City of Sydney until it is accompanied by separate written verification by the City of Sydney of the specific amount payable. In order to obtain such verification, the “City of Sydney Registered Quantity Surveyor's Detailed Cost Report” indicating the itemised cost of the development must be completed and submitted to Council by the Certifying Authority (CA), together with copies of the plans the subject of the application for the Construction Certificate. A copy of the required format for the “City of Sydney Registered Quantity Surveyor's Detailed Cost Report” may be obtained from the City of Sydney One Stop Shop, any of the Neighbourhood Service Centres and the City of Sydney’s website (www.cityofsydney.nsw.gov.au).
(c) The Council will consider the documentation submitted under subclause (b) and determine the cost of the proposed development having regard to the information submitted and to such other matters as it considers appropriate and will notify the CA accordingly.
(d) The items to be included in the calculation of the cost of development are demolition works, site remediation including decontamination, excavation and site preparation, construction costs, fit out, professional fees as part of the design (including design competitions) documentation and implementation process, fixed building machinery, equipment and appliances, kitchens and bar areas, car parking, air conditioning plant and equipment, services (fire, mechanical ventilation, electrical, hydraulic), ceilings, fire protection devices, installation of services (power, water, sewer, telephone), lifts and other essential machinery, floor coverings, Building Code of Australia compliance works, replacement of existing materials, fixtures and fittings, construction related insurance, assessment and construction related fees, charges and GST and any other matter not expressly excluded in (e) below.
(e) The items to be excluded in the calculation of the cost of development are the cost of land, marketing expenses (excluding display suites etc), finance and interest, building insurance after practical completion, drapery, commercial stock inventory, loose furniture, loose equipment, loose electrical appliances, minor maintenance of existing retained fixtures (patching, repainting) and stamp duty.
(f) The amount of Section 61 contribution payable may be reduced by an amount equivalent to the cost of works provided in lieu of the contribution in respect of the upgrade of Pitt Street Mall, as maybe agreed to under Consent No. D2007/1228, in addition to the general public domain works required by other conditions of this consent. This amount is to be agreed with Council.
1009 Monday 21 September 2009
SCHEDULE 1B
Prior to Construction Certificate/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.
(14) GENERAL HERITAGE
(a) The proposed works are to be carried out in a manner that minimises demolition, alterations and new penetrations/fixings to the significant facade fabric of the existing Sydney Central Plaza building which is listed as a Heritage Building Element.
(b) Appropriately qualified tradespersons (as appropriate) are to be commissioned who are skilled in traditional building and engineering trades to carry out the scope of works for all facade reinstatement required by the conditions of this consent and where the bridge connects to the Sydney Central Plaza building.
(15) USE OF CONSERVATION ARCHITECT
(16) STRUCTURAL INTEGRITY OF RETAINED FACADE
(17) MATERIALS
In regard to the Sydney Central Plaza building, new materials, including those for making good, are to match the original materials in terms of colours, finishes, sizes, profile and materials.
(18) NO DEMOLITION PRIOR TO A CONSTRUCTION CERTIFICATE
(19) CONSTRUCTION MANAGEMENT/AGREEMENTS
(a) Plans associated with the demolition and construction phase of the proposal including, but not necessarily limited to, construction and traffic management, demolition methods, waste removal and hoarding construction shall be incorporated into equivalent plans approved under conditions of consent for the broader Westfield Sydney City development known as Consent No D/2007/1228. This also includes incorporating such works into discussions and negotiations undertaken with the Construction Liaison Committee required under Consent No. D/2007/1228. The amended plans shall be submitted and approved by Council prior to issue of a Construction Certificate.
Monday 21 September 2009 1010
(b) Where relevant construction agreements, bank guarantees or bonds required under conditions of consent for the broader Westfield Sydney City development known as Consent No D/2007/1228 shall be amended to include the construction of the pedestrian bridges approved under this consent.
(20) DILAPIDATION REPORT - DEMOLITION
(a) Subject to the receipt of permission of the affected landowner, dilapidation report/s, including a photographic survey of the Sydney Central Plaza Pitt Street building façade, 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 DEMOLITION
(b) A second Dilapidation Report/s, including a photographic survey shall 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 shall 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 shall be submitted to Council.
(21) ACCESS AND FACILITIES FOR PERSONS WITH DISABILITIES
(22) ECOLOGICALLY SUSTAINABLE DEVELOPMENT
Details are to be provided to confirm that the pedestrian bridge has been designed to ensure a structure that matches the 5 star approved rating system of the broader Westfield Sydney City development known as Consent No D/2007/1228 and associated Section 96 approvals, through the use of natural ventilation and materials and shall ensure that the bridge is not mechanically ventilated to the extent that it is consistent with the contents of the letter dated 18 September 2009 from Cundall to Westfield Design and Construction Pty Ltd, with the one exception that natural ventilation louvres are to be open when the outside air temperature is between 16 and 26 degrees as measured in the shade.
(23) PHYSICAL MODELS
1011 Monday 21 September 2009
(24) SUBMISSION OF ELECTRONIC MODELS PRIOR TO CONSTRUCTION CERTIFICATE AND PRIOR TO OCCUPATION CERTIFICATE
(25) STRUCTURAL CERTIFICATION FOR DESIGN - BCA (ALL BUILDING CLASSES)
(26) STRUCTURAL CERTIFICATION FOR EXISTING BUILDING - ALTERATIONS AND ADDITIONS
(27) BCA - NEW BUILDINGS WORKS - CLASS 2-9 BUILDINGS
(a) Pursuant to Clause 98 of the Environmental Planning and Assessment Regulation 2000, the proposed building work must comply with the Building Code of Australia (BCA) including:
(i) Structural provisions - Part B1;
(ii) Fire resistance and stability - Part C1;
(iii) Compartmentation and separation - Part C2;
(iv) Protection of openings - Part C3;
(v) Provision for escape (access and egress) - Part D1;
(vi) Access for people with disabilities - Part D3;
Note: Compliance with the access provisions of Part D3 may necessitate design modifications prior to a construction certificate being issued.
(vii) Fire fighting equipment - Part E1;
(viii) Smoke hazard management - Part E2;
(ix) Emergency lighting, exit signs and warning systems - Part E4;
(x) Damp and weatherproofing - Part F1;
(xi) Light and ventilation - Part F4;
(xii) Energy Efficiency - Building fabric - Part J1;
(xiii) Energy Efficiency - External glazing - Part J2;
(xiv) Energy Efficiency - Building sealing - Part J3;
(xv) Energy Efficiency - Air movement - Part J4;
(xvi) Energy Efficiency - Air-conditioning and ventilation - Part J5;
(xvii) Energy Efficiency - Artificial lighting and power - Part J6; and
(xviii) Energy Efficiency - Access for maintenance - Part J8.
Monday 21 September 2009 1012
(b) If compliance with the deemed-to-satisfy provisions of the BCA and the matters listed in condition (1) above cannot be achieved, an alternate solution in accordance with Part A0 of the BCA must be prepared by a suitably qualified and accredited person and be submitted to the Certifying Authority illustrating how the relevant performance requirements of the BCA are to be satisfied. Prior to a Construction Certificate being issued, the Certifying Authority must ensure that the building complies with the Building Code of Australia.
(c) The BCA matters identified in this condition are not an exhaustive list of non-compliances with the BCA. Any design amendments required to achieve compliance with the BCA must be submitted to Council. Significant amendments may require an application under Section 96 of the Act to be lodged with Council to amend the development approved in this consent.
Note: The provisions of Clause 94 of the Environmental Planning and Assessment Regulation 2000 have been considered in the assessment of the proposed development.
(28) ANNUAL FIRE SAFETY STATEMENT FORM
(29) FIRE SAFETY CERTIFICATE TO BE SUBMITTED
(30) WASTE AND RECYCLING MANAGEMENT - MINOR
(31) APPLICATION FOR HOARDINGS AND SCAFFOLDING ON A PUBLIC PLACE
(32) BARRICADE PERMIT
SCHEDULE 1C
During Construction/Prior to Occupation/Completion
(33) OCCUPATION CERTIFICATE TO BE SUBMITTED
(34) HOURS OF WORK AND NOISE - CBD
(35) USE OF MOBILE CRANES
SCHEDULE 2
PRESCRIBED CONDITIONS
The prescribed conditions in accordance with Clause 98 of the Environmental Planning and Assessment Regulation 2000 apply where there is building work:
1. The prescribed conditions are as follows:
(a) The work must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date the application for the relevant construction certificate is made).
1013 Monday 21 September 2009
(b) This condition does not apply:
(i) to the extent to which an exemption is in force under Clause 187 or 188, subject to the terms of any condition or requirement referred to in Clause 187(6) or 188(4) of the Environmental Planning and Assessment Regulation 2000; or
(ii) to the erection of a temporary building.
2. In the case of residential building work for which the Home Building Act 1989 requires that there be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force.
Speakers
Ms Anne-Marie Elias, Mr James Parramore, Mr Andrew Robertson and Mr Paul Holden addressed the meeting of the Planning Development and Transport Committee (Development Assessment Sub-Committee) on Item 10.7.
ITEM 10.8
SECTION 96 APPLICATION: 261-265 CHALMERS STREET REDFERN (D/2008/354/A)
The Development Assessment Sub-Committee decided that consideration of this matter be deferred to the meeting of Council on 21 September 2009.
At the meeting of Council, it was moved by Councillor Black, seconded by Councillor McInerney –
It is resolved that consent be refused for the following reasons:
(1) The development as proposed to be modified is considered to be substantially different to that originally approved, contrary to Section 96 of the Environmental Planning and Assessment Act 1979.
(2) The proposal is inconsistent with Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979, because it would negatively impact on local residents and is contrary to Section 7(b) (Principal Objectives) of the South Sydney Local Environmental Plan 1998, which aims to ‘enhance the quality of life and well-being of the local community’.
(3) The proposal is inconsistent with Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, because it is contrary to the Aims of the South Sydney Development Control Plan – Urban Design 1997 as:
(a) The proposed large open balcony with vertical louvre blades fronting Douglas Street does not enhance or contribute to the character of the conservation area and streetscape.
(b) The proposal does not take into account its social impact and impact on environmental amenity.
Monday 21 September 2009 1014
(4) The proposal is inconsistent with Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, due to the negative environmental, social and economic impacts of the development, including:
(a) The proposed large open balcony fronting Douglas Street will result in a loss of amenity for nearby properties. In particular, there will be greater noise impacts and reduced levels of privacy.
(b) It is considered that the use of the proposed large open balcony fronting Douglas Street will not be able to be managed through the imposition of restrictive conditions, resulting in a loss of amenity for nearby properties.
(5) The proposal is inconsistent with Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, because it is not in the public interest.
Carried unanimously.
Speakers
Mr Mark Kuban, Mr Michael Goldberg, Ms Kersten Norlin, Ms Janet McNally, Mr Richard Nugent, Ms Alexis Strippoli and Ms Victoria Epworth addressed the meeting of the Planning Development and Transport Committee (Development Assessment Sub- Committee) on Item 10.8.
ITEM 10.9
DEVELOPMENT APPLICATION: 261-265 CHALMERS STREET REDFERN (D/2009/185)
The Development Assessment Sub-Committee decided that consideration of this matter be deferred to the meeting of Council on 21 September 2009.
At the meeting of Council, it was moved by Councillor Black, seconded by Councillor McInerney –
It is resolved that consideration of the matter be deferred for the Chief Executive to:
(A) investigate and report back to the next meeting of Council on the legal validity of the original 2007 development consent; and
(B) negotiate with South Sydney Leagues Club on an alternative proposal.
Amendment. Moved by Councillor Harris, seconded by Councillor Doutney –
That the motion be amended by the addition, at the end of clause (B), of the words “other than a supermarket”.
Following discussion, Councillor Harris, with the consent of the seconder of the amendment, withdrew his amendment.
Amendment. Moved by Councillor Harris, seconded by Councillor Doutney –
That the motion be amended by the deletion of clause (B).
1015 Monday 21 September 2009
The amendment was lost on the following show of hands –
Ayes (2) Councillors Doutney and Harris
Noes (8) The Lord Mayor, Councillors Black, Burgmann, Hoff, Kok, Mallard, McInerney and Tornai.
Amendment lost.
The motion was carried unanimously.
Speakers
Mr Mark Kuban, Mr Sean Beavis, Mr Michael Goldberg, Mr Paul Dorran, Mr Bruno Bouchet, Ms Kersten Norlin, Ms Alexis Strippoli, Mr Allen Grimwood and Mr Michael Briscas addressed the meeting of the Planning Development and Transport Committee (Development Assessment Sub-Committee) on Item 10.9.
Monday 21 September 2009 1016
ITEM 11 QUESTIONS ON NOTICE
ENERGY AUSTRALIA NEW MAJOR UNDERGROUND CABLE FROM SURRY HILLS TO ROSE BAY VIA CENTENNIAL PARK (S063653)
1. By Councillor Mallard
Question
Councillors would have received correspondence from Energy Australia announcing the plan for installation of a major underground power cable and substations from Surry Hills to Rose Bay. This cable traverses Albion Street, Bourke Street and Fitzroy Street and part of Lang Road in the City of Sydney. What measures is Council taking to manage and minimise the disruption of this major infrastructure project on residents and businesses? Will the Bourke Street section compromise the construction of the new bicycle path? What will be the construction hours? I am also very concerned that the major cable enters Moore Park and Centennial Park where it travels from Lang Road via Grand Drive to Bondi Junction. Can Council be informed of what plan of management the Centennial Park Trust has in place to manage the impact upon the mature figs in the Grand Drive?
Answer by the Lord Mayor
The CEO tells me:
City staff have met with the EnergyAustralia (EA) project team to discuss construction concerns along the project route in the City's Local Government area (LGA). EA will be working under the authority of the Electricity Act, but are inviting the City's input. City staff will be monitoring construction, safety of infrastructure and community disruption throughout the project. EA have also provided contact details for community concerns with the EA project team available on 1800 088 913 or email at [email protected].
The issue of the Bourke Street works has been brought to the EA project team's attention for consideration of timing the works at this location. City Projects and EA will negotiate the timing of works to minimise community disruption and avoid construction conflicts.
The City has advised EA the preferred construction hours are 7.30am to 5.30pm Monday to Friday and 7.30am to 3.30pm on Saturdays. EA has been asked to not do construction work in December, on Sundays or on Public Holidays.
EA construction for this project is now expected to begin late 2010 and be completed by mid 2012. The components within the City's LGA will take about 6 to 8 weeks of this period and timing is yet to be confirmed.
The works will all be located in the roadway by way of open cut trenching approximately 1.5m wide. EA have been told that the City's preference is to stage the permanent restorations in workable street sections to minimise community disruption.
The vacant lot at Riley and Albion Streets was purchased by EA in July 2008 for the construction of a Sub-Transmission Switching Station, which will be the feeder to the City East Cable Tunnel. This building is proposed for construction in 2013.
1017 Monday 21 September 2009
The City has been informed that EA have met with Centennial Parklands (CP) who have yet to provide formal approval to proceed. EA may not need formal approval, due to the statutory position. CP are expected to outline heritage and environmental conditions that will need to be adhered to, including protection of all CP assets. The exact cable route in Centennial Park is yet to be confirmed, despite an indication on the EA community newsletter that the cable will be the opposite side of Grand Drive away from the mature figs and heritage drainage within Centennial Park.
SUBSIDISED DISABILITY PARKING (S063648)
2. By Councillor Burgmann
Question
Given the ageing population and the current inadequate supply of disability parking in the CBD and on major shopping strips in the LGA, and given the loss of on-street parking spaces as the result of recent Council developments such as Cycleways and new buildings being approved without provision for off-street parking spaces, would Council investigate a system of subsidised disability parking spaces in parking stations throughout the LGA?
Answer by the Lord Mayor
On-street pay parking is free in New South Wales for Mobility Parking Scheme permit holders. Permit holders may park for an unlimited amount of time in any of the time- limited parking spaces over 30 minutes.
Most parking stations throughout the LGA are operated by private companies who determine the pricing structure. Private parking stations are required to allocate a percentage of parking spaces for mobility parkers.
City planning controls require a certain number of accessible car parking spaces within new developments. The actual number depends upon the type and size of development. The spaces must be designed in accordance with the relevant Australian Standard.
The City manages the Goulburn Street and Kings Cross parking stations, both of which have well marked disabled bays conveniently located on the ground level close to exits. These spaces are not currently fully used.
HOMOGENEITY/BLUE TILES GATEWAY TO GLEBE POINT ROAD (S063648)
3. By Councillor Burgmann
Question
At the recent Glebe-Forest Lodge community forum questions were raised about Council’s perceived treatment of its so-called villages as one of “homogeneity”, rather than an individual response which recognises each suburb’s unique character, and the blue tiles at the entrance to Glebe Point Road got a special mention. Does the Lord Mayor have plans to improve this major entry point to Glebe so that it has more of a Glebe flavour? Also is it possible to have the street flower displays in winter when Glebe Point Road needs them most?
Monday 21 September 2009 1018
Answer by the Lord Mayor
The City did extensive community consultation to design the upgrade of Glebe Point Road. Draft proposals were first presented to the community in June 2006. Feedback was incorporated into the detailed design, which was presented back to he community in November 2006 for further feedback.
The key elements of the upgrade included improvements such as traffic calming, improved pedestrian safety, new and wider footpaths, new trees, new street furniture and lighting, undergrounding of overhead power cables and public art.
A number of special places along Glebe Point Road were also identified and an urban design workshop held with the community in September 2006.
The corner of Parramatta Road and Glebe Point Road is one of these special places and the gateway to Glebe. In response to the feedback received at the workshop, a number of elements were included in the final design. New trees have been planted to provide shade, green the entrance to Glebe Point Road and provide a visual connection across to Victoria Park. The historic Jubilee fountain has been restored. The historic boundary stone and the Dave Sands Memorial Plaque have been restored and incorporated into the new design in prominent locations. Cobbles were installed in the roadway at the entrance to Glebe Point Road, providing a gateway treatment and distinguishing it from Parramatta Road.
The City has done three public art projects as part of the Glebe Point Road upgrade, including “Earth v Sky”, “Wireless House” and the new fence at Glebe Public School.
The Living Colour program is held each spring and summer over a six week period. Winter displays are not available due to the weather conditions. The City has a public domain landscaping program that provides permanent landscaping installations in high profile and high exposure areas. Around Glebe Point Road, this includes Derby Place, Lombard Street, Wigram Road, Ferry Road and Forsyth Street.
1019 Monday 21 September 2009
ITEM 12 SUPPLEMENTARY ANSWERS TO PREVIOUS QUESTIONS
Supplementary Answers to Questions on Notice and Questions without Notice are as follows:
Question without Notice - Council 6 July 2009
CAR POOL SPACE IN GADIGAL AVENUE (S063657)
6. By Councillor Burgmann
Question
Lord Mayor, I have been advised by residents that there is a car pool space in Gadigal Avenue, Victoria Park, which is never, or rarely used. What is Council doing to let residents know that car pooling is available for them?
Answer by the Lord Mayor
I will ask the Chief Executive Officer to find that out and provide that information to Councillors.
Supplementary Answer
Car share is different from car pooling, which describes the process of commuters sharing use of their own privately owned vehicle. Both car sharing and car pooling are important strategies to assist people to use private vehicle less, and reduce pollution and congestion.
Car share provides a flexible way for residents to easily access a vehicle and to pay by the trip, without the cost and expense of owning a car. Someone who drives less than 12,000 km per year and doesn't need a car every day for work is likely to save money.
Car share encourages people to be more considered in how they use a car for travel. Studies show that each share-vehicle can remove up to ten private cars from our roads, eliminating the second car or creating car-free households.
It is important for a car share vehicle to be available from a consistent location so that all hirers can easily find and use the vehicle. The City consults local residents by mail prior to the installation of a car share space. Enclosed with the consultation letter is a brochure outlining the car sharing concept, and the environmental and congestion benefits. There is further information on the City’s website.
Promotion of car sharing is undertaken both by the City of Sydney and by the car share operators, such as GoGet or CharterDrive. GoGet Carshare have promoted the Gadigal Avenue space to Victoria Park residents by direct marketing, and by having staff promoting and explaining the concept on site.
Monday 21 September 2009 1020
Additional promotion planned for the second half of 2009 includes an editorial in Sydney City News, a car share membership give-away in the Live Green e-newsletter, and reprinting of an updated car share brochure – which will be available at community forums and all Neighbourhood Service Centres. In addition to its inclusion in the consultation letters, information on car sharing will be included in parking permit renewal letters.
Usage of the car share space on Gadigal Avenue is growing quickly. At the time of installation, in late June, there were five households using GoGet car sharing in the local area. By early August, this had risen to more than 20 nearby households. The City will continue to monitor uptake of car sharing in this location. Given the demographics of the Victoria Park area, particularly the high rates of internet penetration and moderate levels of car ownership, car sharing is likely to be well suited to the area’s residents, either as an alternative to a first car, or an alternative to a second family car.
Question without Notice – Council 10 August 2009
CITY’S BICYCLEWAY NETWORK (S063657)
6. By Councillor Burgmann
Question
Lord Mayor, is it intended that vehicles other than conventional bicycles will share the City’s network of cycleways, and what will be the speed limit on the cycleways? Will wheelchair users, trailer bikers, scooter riders and roller bladers be encouraged to use the cycleways, and what are the plans for use by motorised bicycles, motorised wheelchairs, etcetera? Will non-car motorised wheeled vehicles that enhance people’s ability to carry children and/or a family’s shopping load to and from the supermarket be able to use the cycleways? Has Council’s planning for the City’s network of cycleways taken this multiplicity of possible users into account, and has Council considered a network of cycling boulevards as an alternative?
Answer by the Lord Mayor
That is quite a detailed question, so I think I will get quite a detailed response to it.
Supplementary Answer
Speed Limits
The speed limit applying to a road applies to the entire road reserve including any bicycle lane or bicycle path. Though it will be legal to ride up to the speed limit in the City’s cycleways, in practice the design of the City’s cycleways is such that most cyclists would generally travel at a maximum speed of around 20 – 30 kilometres per hour. Cyclists wishing to travel higher speeds are, however, still permitted to use the road network.
Range of Users
The City’s separated cycleways are technically defined as adjacent bicycle paths within the road in the NSW Bicycle Guidelines and are subject to the Australian Road Rules for bicycle paths.
1021 Monday 21 September 2009
Bicycle paths may be used by bicycles; by someone in or pushing a wheelchair; and those on rollerblades or similar wheeled recreational devices (including push scooters). However, these users must use the pedestrian crossing when crossing the road at a set of traffic signals and do not have priority over vehicles at bicycle crossings.
Power assisted bicycles (with a maximum power output of 200 watts) designed to provide assistance to people with low fitness or mobility are permitted in the cycleways; as are tricycles, pedicabs and bicycles with trailers.
Motorbikes, motor scooters and mopeds of any form are not permitted on bicycle paths.
The City’s planning and design for the bicycle network has taken into account the range of possible users, including load and child carrying bicycles and tricycles and trailers.
Bicycle boulevards
Council staff and the City’s consultants have considered bicycle boulevards for the network, including Bourke Street.
Bicycle boulevards suit existing cyclists who feel safe riding in traffic, not the general population. Social research has shown that 85 percent of non-regular bicycle riders would either take up cycling or ride their bicycles more often if a safe bicycle network were created. Safety, cars (both moving and parked) and risk of a driver’s door being opened in front of the rider are key reasons given for not riding.
Where these boulevards have been successful internationally and locally (e.g. Portland USA), they require frequent road closures, with dedicated on-road bicycle links through the closure. This results in increased traffic on the adjacent road network and decreased levels of parking provision (due to parking losses on each side of the closure); as well as decreased access by car to the local area for residents and their visitors. In the case of Bourke Street, there would be an increase in traffic on Crown Street, affecting the vibrancy of the retail and dining precinct and increasing delays to the bus network in the area.
On a separated cycleway, bicycle riders have their own dedicated lanes which are separated from moving vehicles, drivers’ doors and pedestrians, improving road safety for all road users. 40 percent of all bicycle accidents are of types that can be prevented by separated cycleways. Separated cycleways will allow broad scale take up of bicycles for transport and enable the City to reach its target of 10 percent of trips being made by bike.
Question without Notice – Council 15 December 2008
INCLUSION (DISABILITY) ACTION PLAN (S063664)
16. By Councillor Tornai
Question
Lord Mayor, I had a recent opportunity to review the Inclusion (Disability) Action Plan for the City. I am wondering whether we could ask the CEO to inform Councillors, perhaps via the CEO Update, on the progress in implementing those action items, and could we receive a report or perhaps progress against each of those action items and when might we receive that at Council.
Monday 21 September 2009 1022
Answer by the Lord Mayor
I am aware of your longstanding personal interest and professional expertise in this area. Council has adopted the Inclusion Disability Plan 2007-2011 – we did that on 10 March and Councillors were informed. Council will remember that it outlined actions for each section of the City organisation, from advocacy to ensuring that our publications are available in alternative formats; auditing, installing and maintaining kerb ramps throughout the City. I will ask the Chief Executive Officer if she can update us on the progress we’re making on that Disability Plan. And, of course, Councillor Hoff chairs, on my behalf, the Disability Forums that we have at regular quarterly periods, which you might like to attend in the future.
Supplementary Answer
Since the adoption of the Inclusion (Disability) Action Plan major achievements in mainstreaming the inclusion of people with a disability have occurred across many of the City's Business Units. In total, 85% of all actions due by the end of June 2009 are either completed, in practice, under active development or have been delayed for reasons outside of the City’s control. Many have been improved beyond the requirements of the Plan.
Key achievements include:
• Accessible Information
• Public Domain and Building Works
• Staff Training
• Policy Advice
• Community Consultation
• Grants and Sponsorship
• Employment
Accessible Information
The addition of an accessibility badge on the City’s major publications has been a major highlight. This badge advises residents to contact the City if they require the publication in an alternative format, or in a language other than English. This badge has been extremely well received. In particular, Sydney City News is now produced regularly in an audio format following community requests.
While on public exhibition, several draft documents have been produced in alternative formats. These included the draft Sustainable Sydney 2030 documents, the Inclusion (Disability) Action Plan 2007 -- 2011, and the Restaurant Seating policy and discussion papers. The publication of the draft of the Sustainable Sydney 2030 report in both audio and Braille was well received.
The access forum was also recently advertised on 2RPH.
1023 Monday 21 September 2009
Public Domain and Building Works
Access related advice has been provided for many new building projects and public domain works, including Wayfinding signage. This includes works to Sydney Town Hall and Town Hall House. Where appropriate, checklists are being created to streamline and mainstream these processes.
Kerb ramp installations are also occurring, with upgrades to existing streetscapes both on request and as part of standard upgrade procedures. Internal processes such as the access conference and access panel are also now in place, or will be further developed, to assist in the assessment of development applications that seek a concession from the requirements to provide access for people with a disability.
Staff Training
Training in the Disability Discrimination Act 1992, the Australian Standard for Access and Mobility and Disability Awareness Training has also occurred in 2007-8 and is currently under review. It is expected that this training will be continued in an ongoing basis.
Policy Advice
Policy advice has been provided to important Council strategies including Sustainable Sydney 2030, the draft Consolidated LEP and as well as the draft Footpath Trading Policy. In addition the city has prepared submissions on the National Disability Strategy, various State government Disability Action Plans and more recently the Disability (Access to Premises -- Buildings) Standards.
Community Consultation
Topic specific consultations have occurred with people with disabilities in regard to safety information, transport and public domain issues. The Access Forums have continued this year, with reasonable accommodations made to assist attendance upon request. Venue accessibility of the City’s own buildings continues to be a limitation. The establishment of the Inclusion Advisory Panel is keenly anticipated by the community and will help to further streamline consultation opportunities in a consistent fashion.
Grants and Sponsorship
Grants and sponsorship now incorporate disability inclusion among the criteria, as do many of our events. Further work will be required to ensure that organisations that use the City’s spaces to hold events incorporate accessibility best practice.
Employment
A change to the wording of the Equal Employment Opportunity statement in the City’s job advertisements to encourage applications from people with a disability was also an achievement under the Inclusion (Disability) Action Plan. The ‘Flexible Working Arrangements Policy’ recently approved addresses many of the issues covered under a reasonable accommodation policy. Strong partnerships are being developed to look for opportunities to partner with employment agencies specialising in people with disabilities.
Monday 21 September 2009 1024
Question without Notice – Council 1 June 2009
SCHOOL EDUCATION PROGRAMS ON PUBLIC DOMAIN ART (S063656)
5. By Councillor Black
Question
Lord Mayor, last Tuesday I attended, as an observer, the Public Art Advisory Panel meeting and note that there was quite a lively discussion about education programs in schools relating to public art, including the City’s public art. Panel members were asking whether there were school tours organised of the City public domain in the same way the schools are able to engage with art gallery and museum tours.
Given this, and as we are considering later tonight a report which recommends funding for community gardens in schools, could the Chief Executive Officer inform Council about the City’s existing mechanisms for liaison with schools, and whether there are opportunities to develop education programs, possibly using volunteers, that could contribute to school students’ understanding of the City’s work, including public art and the role of local government?
Answer by the Lord Mayor
As we all know, education is primarily a state government responsibility, but there are certainly areas where we can play a supportive role. We do already have a strong relationship with many schools in our Local Government Area, particularly through our grants program. In fact, I can recall unveiling a rainbow sculpture in the grounds of Erskineville Public School, a project that was funded by a community grant. We also support the development of community gardens, as you’ve said, and we’re doing that through the local action plan grants. Our library network works with many school students and our community centres and the Pine Street Creative Arts Centre run programs for school aged children. We also run programs to promote safety for school students.
There are other areas where we can work with schools – probably the most important at this particular time would relate to sustainability and the work we are doing in relation to global warming. But I think the suggestion of tours for school students, of our public art and other public domain, is a really good one. We have got some terrific public art that I think many people are not aware of. I think it should be tours, not only for school children, but it should be tours for the general public. I think that is an area that could involve volunteers – I know it is something that you have been promoting in the past – and perhaps we could involve retired school teachers in other kinds of education programs.
If you have actually done a walk to look at our public art, you can see what an incredibly pleasant activity that is. It is a really beautiful city; there are some stunning locations, and if we could perhaps develop a plan for training for volunteers to take people round to see our public art, I think that would be very worthwhile, not only for the recipients, but also for the guides. So, I will leave that with the Chief Executive Officer.
Supplementary Answer Providing information, education and access to public art is one of the guiding principles of the Interim Public Art Policy 2006, under Public Programs. The interest of the Public Art Advisory Panel and Council in this area will inform the City Art Creative Framework and the development of future public art programs, within the bounds of the role of Local Government.
1025 Monday 21 September 2009
There are a number of initiatives relating to public art education and public art tours already underway:
A Public Art Education Kit has been developed which provides information about art works in the City’s care and outlines a number of educational activities for children to participate in associated with each art work. The Education Kit will be able to be downloaded from the City Art website, which is planned to be launched later this year.
A Public Art Mentoring Program is in development. The program is intended to provide young artists with specific skills and tools so they can confidently work in the public domain.
The City offers information, support and assistance to educational programs and research relating to public art for primary, secondary and tertiary institutions and students.
A number of self-guided public art walks are being developed. They again will be able to be downloaded from the City Art website, and brochures will be made available at appropriate distribution points throughout the city.
Various public art projects partnerships have been established with the National Film and Sound Archive and local community groups who themselves have public education programs that the City can support and also access as a resource for further educational opportunities.
Question without Notice – Council 1 June 2009
PET OWNERSHIP IN APARTMENT BUILDINGS (S063664)
7. By Councillor Tornai
Question
Lord Mayor, following on from tonight’s apparent theme, I would like to pose a question on animals of a domestic nature this time. Can you please explain what role the City can play in making apartment buildings more pet-friendly and supporting apartment building residents who have pets? Could we also look at initiatives for educating pet owners, and prospective pet owners, about their responsibilities in the care and the choice of pets? Can we in some way capitalise on the work we have done with Department of Housing residents around pet ownership?
Answer by the Lord Mayor
An important question, and again I will take the opportunity to remind Council about the important role that pets play in people’s lives. Pets are sometimes the most important companion for people, particularly people living on their own, and they actually save the national health bill an annual $4 billion. There is quite a deal of research to show that people who have pets are emotionally, physically and mentally healthier than people who do not.
So, it is very important to enable people who live in apartments to also have access to own pets. I think the need for apartments to become more pet-friendly is important, and I certainly think that we support pet owners by increasing the number of areas where they are welcome to exercise their pets.
Monday 21 September 2009 1026
There are no specific legislative restrictions, but many landlords and owners do impose a “No Pets” restriction. These restrictions appear to be based on incorrect and undesirable perceptions that pet owners are not responsible. It is reasonable for a Body Corporate to be able to take action about a problem animal, but most pet owners are responsible and should not be penalised for the actions of a few. I have heard plenty of stories about the problems relating to these bans: pets being smuggled in and out of buildings; hidden pets having negative effects on residents and their owners; and, of course, pet owners being treated as second class citizens.
Other cities and Australian states have developed more sensitive solutions. Interestingly, in New York, pet bans in apartments are legally waived if a pet is openly kept in an apartment for more than three months without complaint. In Western Australia, Perth has a system of pet bonds, which give property owners some security when taking on tenants with pets. These measures would require legislative action which the City could support. We may also have a role to play in educating property owners and Owners’ Corporations about the benefits of pet ownership, and encouraging them to develop pet-friendly policies.
We could also look at distributing copies of Keeping Pets in Strata Schemes: Your Questions Answered, published by progressive group, the New South Wales Young Lawyers. I was very pleased to launch that a few years ago. I agree that we should also be promoting responsible pet ownership, as we are doing with Department of Housing tenants, and we were discussing that at the Redfern meeting just last week when we met with tenants. I will ask the Chief Executive Officer to inform Council of the action that we can take on this important area of our work.
Supplementary Answer
The City is currently preparing its new Development Control Plan (DCP) which will include provisions for the design of residential buildings. The keeping of pets within a building is not a matter specifically addressed within a DCP as it is subject to the choice of the individual and/or the owners’ corporation of a strata plan. However, the development controls will not prevent the keeping of pets and will ensure that this can be achieved whilst maintaining a high standard of amenity for residents. The DCP will achieve this through requiring a variety of dwelling types and sizes, access to private open space and a high level of residential amenity in terms of ventilation and noise minimisation.
The City has developed a series of fact sheets about responsible pet ownership, including advice on barking dogs and picking up dog waste. The fact sheets are available in the City’s libraries, Neighbourhood Service Centres, as well as being distributed by the City Rangers in parks and as letter box drops as required.
The Companion Animals Liaison Officer and NSW Housing Liaison Officer, coordinate the annual ‘Northcott -Pets and People Day’ held in Eddie Ward Park, Surry Hills. The event offers free veterinary health checks, advice on responsible pet ownership, hygiene, and disease control. Similar events are being arranged for other NSW Housing estates in late spring/summer.
The City provides discounted de-sexing services, including free transport to and from a veterinarian and free micro-chipping. These services are geared towards Housing NSW tenants, pensioners and low income residents. The program operates all year round in order to minimise unwanted litters of puppies and kittens.
1027 Monday 21 September 2009
The City offers free dog training courses which to date, have attracted over 2,400 participants giving owners the tools they require, in order to have their dogs under effective control in their own homes as well as in public.
The City’s Health Compliance team is often called upon by residents in apartment buildings, in particular the NSW Housing estates, to address public health concerns arising as a consequence of poor pet ownership. The City’s role is to safeguard public health by requesting pet owners to effectively address any unhealthy or unhygienic conditions, using the powers of the Local Government Act.
This may include such things as ensuring the effective removal of waste materials and also reducing the number of animals being kept, if they are creating unhealthy conditions.
Question without Notice – Council 6 July 2009
LINK BETWEEN BRIDGE ROAD AND ARUNDEL STREET (S063657)
14. By Councillor Burgmann
Question
Lord Mayor, is Council still committed to the creation of a through-site link for pedestrians along a green corridor between Bridge Road and Arundel Street, Glebe, following the route of the old Orphan School Creek? Will Council insist that developers submitting DAs along this corridor provide for this link and, when will the wire fence on Bridge Road be removed to facilitate access for pedestrians, because they can’t get through at the moment? I am very pleased to see that in Councillor McInerney’s Notice of Motion he does call for support and encouragement for the development of safe and attractive pedestrian networks.
Answer by the Lord Mayor
That is a detailed question and an important one, and I am not sure if Council staff can answer it on the spot?
Chief Executive Officer
No, there are too many departments involved.
Answer by the Lord Mayor (continued)
Clearly, we are committed to the pedestrian network, and that is one of our major projects, together with the cycling network. I will request the Chief Executive Officer to come back to you on the detail of that particular stretch.
Supplementary Answer
The South Sydney DCP, Part C Public Domain, Map 11 (Western District Public Domain) recommends a link through the former Camperdown Children's Hospital Site, City Council's Depot and Knox Street. The link follows the line of Orphan School Creek which has been channelled under ground.
Monday 21 September 2009 1028
Map 11 under the DCP shows the link extending south of Pyrmont Bridge Road along the western boundary of a number of properties. The creation of the through site link is dependant upon the development of adjacent properties and Council support for the link to form part of the redevelopment of this area. Current development applications lodged in this area are being requested to amend their plans to allow for the through site link.
Part of the link (from Pyrmont Bridge Road to Larkin Street, including a new public park) was required to be delivered by the developer of 1-3 Larkin Street, under a former South Sydney City Council DA. Although construction started, the developer defaulted on this work.
Council completed the public park in Larkin Street last year, forming part of the future through site link. The remaining portion of the link from Pyrmont Bridge Road to Larkin Street is owned by the strata of 1-3 Larkin Street. The City cannot do any work in this area as it is private land with an easement benefiting the City. The gate at Pyrmont Bridge Road has been left by the developers of 1-3 Larkin Street, installed as a temporary measure to prevent access as there are public safety concerns over the state of the path. Council’s Compliance Unit is in the process of issuing an order on the Body Corporate of 1-3 Larkin Street to upgrade the link area and make it safe so that this section can be opened to the public.
Question without Notice – 10 August 2009
REDFERN-WATERLOO AUTHORITY’S BUILT ENVIRONMENT PLAN (S063658)
4. By Councillor Doutney
Question
Lord Mayor, as you will know, the Redfern-Waterloo Authority’s (RWA) Built Environment Plan Stage Two for the redevelopment of Housing New South Wales property in Waterloo will be released shortly. I would like to know if Council has been consulted on this plan, and if we have discussed with the RWA and Housing NSW our proposed building controls as described in the City of Sydney’s Urban Design Study for the area, and how they will go about meeting the sustainability aims of the 2030 Strategy if we are not part of this process?
Answer by the Lord Mayor
That is a very good question. It reinforces why we should not have areas of the City excised out of the City – so that we can apply policies right across the area. I must say, since we have got a new Chief Executive Officer, Roy Wakelin-King, at the Redfern- Waterloo Authority, there has been a much more co-operative and consultative approach, and he will be coming to our community forum which will be held the week after next. I will ask the Director City Strategy and Design to respond.
Director City Strategy and Design
I think staff have been involved, but I am not certain, so I will follow up on this.
1029 Monday 21 September 2009
Answer by the Lord Mayor (continued)
We really should make sure, so that all those very worthwhile things that we are doing in the rest of the City can also apply to development that the Redfern-Waterloo Authority has carriage of.
Supplementary Answer
As part of consultation informing the preparation of the City Plan, Council staff have met with Housing NSW and the Redfern Waterloo Authority (RWA) on a number of occasions. This has included consultation regarding the planning controls recommended in the Waterloo & Redfern Urban Design Study (UDS), as well as public authority consultation required under the former section 62 of the Environmental Planning & Assessment Act 1979.
In late 2006, both Housing NSW and the RWA lodged submissions in response to the public exhibition of the UDS. At the time, work had just commenced on the second stage of the Redfern and Waterloo Built Environment Plan (RWBEP). Both agencies raised concerns about the UDS incorporating the recommended planning controls into the City Plan without further consultation following the completion of the RWBEP. However, at this time neither agency provided any specific commentary or proposals for Housing NSW sites that could be incorporated in the UDS. It was therefore considered appropriate to retain the recommendations made in the UDS for Housing NSW sites.
The position of the RWA and Housing NSW was reiterated in 2007 in their submissions to Council responding to the section 62 consultation. Council was informed that the agencies were collaboratively undertaking research on options that may exist for the revitalisation of existing public housing stock, and the opportunities that this may create to enhance the availability of affordable housing in Redfern and Waterloo. In their submission, Housing NSW considered that further development of planning controls by the City would be inappropriate until this evaluation was finalised, and requested that the City further consult with them regarding planning controls for the area. A second section 62 submission was received from Housing NSW in February 2008 updating their previous submission.
In May 2008 Council staff met with senior staff from Housing NSW, the RWA and the Department of Planning to discuss issues raised in the section 62 consultation and other City Plan matters. At this meeting the City provided a briefing on the proposed City Plan LEP and DCP and the RWA briefed the City on the status of stage two of the RWBEP. The RWA also advised that they were undertaking an urban design study for the RWA operational area and that the study would be completed in the near future. It was agreed that the City Plan proceed with the recommendations of the UDS since the RWA urban design study findings and recommendations would not be dissimilar or in conflict.
The City is yet to be briefed by the RWA about the specific details of stage two of the RWBEP.
Monday 21 September 2009 1030
Question without Notice – 10 August 2009
TREE PLANTING ON PRIVATE PROPERTIES (S063659)
11. By Councillor Harris
Question
Lord Mayor, trees in backyards are being removed to make way for the construction of garages that open onto small laneways. This leads to a significant loss of canopy and vegetation to the rear of the properties facing onto laneways, thus exacerbating heat-sink effects and increasing the need for air-conditioning of buildings. Residents have expectations that they can park their cars on tiny blocks, removing trees to build garages, leading to a loss of available on-street parking as new driveways are constructed, so there is a loss of public domain as well.
Could Council staff look at what can be done to ameliorate the negative effects of this practice? A suggestion that was given by a Leichhardt Council planner at a workshop conducted by Michael Mobbs, just recently, about the treatment of streets, I will mention here as an example: to restrict parking to only one car with a minimum size lot of five metres wide which would allow for one metre wide sections on either side of the vehicle hard stand for deep soil planting. That was one suggestion. The problem is these buildings take up the whole block, so there is just nowhere to put a tree. So I would like staff to perhaps have a look at that and see what can be done.
Answer by the Lord Mayor
I support your concerns about this matter, and one of the very significant projects in Sustainable Sydney 2030 is, of course, the greening of Sydney, and an aspect of that is increasing our canopy and ensuring that that opportunity for deep planting is available. I know it is something that is being considered in the work that we are developing, and I would like to refer your question to the staff who are working on that greening of Sydney program, which is an incredibly significant one for us.
I think it is appalling that people just concrete over their backyards in terrace houses and that we lose those opportunities for trees, and I believe it should be a compulsory condition in DAs and we should be proactive in terms of getting trees planted in existing backyards where people are not putting in DAs. But it is part of our whole strategy to green our city, green our corridors.
Supplementary Answer
Removal of Trees
Where a development proposes the removal of trees, approval is not automatic. Assessment of the development application includes advice from Council’s Parks and Recreation Management Unit on issues such as whether or not the tree(s) are covered by Council’s Tree Preservation Order, the health and condition of the tree(s), their streetscape value and the ability to provide appropriate replacements.
There are no tree replacement requirements in the planning controls. Where DAs permit the removal of tree/s, these consents include conditions requiring provision of replacement tree/s where warranted. Where no tree replacement conditions are imposed, this is usually due to the site constraints.
1031 Monday 21 September 2009
Hard Stand / Deep Soil Policy
The current planning controls for the former South Sydney and Leichhardt Council areas include deep soil landscaped area requirements.
However, the exempt development provisions allow for various structures to be built in backyards without DA consent. While a tree may not be removed as part of the exempt provisions, the structures still contribute to the amount of hard surfacing in a backyard.
Draft City Plan Local Environmental Plan
The draft City Plan Local Environmental Plan (LEP) will contain a clause about preserving trees or vegetation. Development consent will be required for the removal of a tree on the site of a heritage item or in a heritage conservation area.
Draft City Plan Development Control Plan
Tree management forms part of the draft City Plan Development Control Plan (DCP). The draft supports the preservation of trees or vegetation clause within the draft LEP as described above. Where a tree is proposed to be removed, the draft DCP will require it to be replaced with a tree or trees approved by the City’s Tree Preservation Officer.
The draft DCP will contain provisions requiring deep soil plantings for all dwelling types. Under the proposed draft DCP, single dwellings (including terraces) will be required to provide 15% of the site area or 50% of the unbuilt areas as deep soil area, whichever is the lesser amount.
Question without Notice – Council 10 August 2009
COLOURED DIGGERS SCULPTURE (S063658)
13. By Councillor Doutney
Question
Lord Mayor, as you will know, the Coloured Digger project is looking to have a sculpture created in honour of Aboriginal and Torres Strait Islander war veterans. Members of the Babana Men’s Group have asked for this sculpture to be positioned at West Circular Quay in First Fleet Park. Has Council considered this request?
Answer by the Lord Mayor
We have a policy now for requests that come in. We have a Public Art Advisory Panel made up of eminent practitioners in this area, who work with us and give us advice on proposals for major public art. I do not know if that has gone to them, but I would refer it to them. I guess the issue also is that First Fleet Park is not ours, it is the Sydney Harbour Foreshore Authority’s, and so we will follow up on your request to investigate what the situation is, in terms of our position, how the artwork will evolve, and where it will go. Those ceremonies that are now held on Anzac Day for Indigenous diggers – they have been held now, I think, for three years – are incredibly moving. The history of the treatment of those diggers when they came back is absolutely shocking and a significant memorial would be something that I am sure we would all support, but the mechanics of it need to be sorted.
Monday 21 September 2009 1032
Supplementary Answer
The City’s Aboriginal Development Officers, have been working closely with the Coloured Digger Steering Committee (“the Steering Committee”) since 2007.
During 2008 City staff worked with the Steering Committee to exhibit a miniature bronze Coloured Digger sculpture to gauge the level of public interest and support for a statue to recognise the efforts of Indigenous service men and women. The Coloured Digger sculpture was made by artist Antony Simmons who based the sculpture on Aboriginal clans’ reaction to the arrival of the First Fleet at Farm Cove.
The City’s Aboriginal Community Development Officer supported and assisted in the coordination of the exhibition of the Coloured Digger sculpture at prominent locations from 25 April 2008. The sculpture spent one month at each of the following locations: • Customs House • Redfern Community Centre • Waterloo Library • Redfern Neighbourhood Centre
City staff assisted the Steering Committee in preparing survey questions to enable public comment about the sculpture, and also prepared two pull-up banners to accompany the sculpture. One banner explained what the sculpture was about and why it was on display and the other banner contained a poem written by a soldier about his black mate. During the exhibition, over 300 surveys were collected from the public.
During this same period, an oral history project was undertaken in conjunction with the City's History Unit and the Coloured Digger Project. The oral history project recorded the stories of servicemen and women, their children and families. This project complements the work being undertaken nationally to record the stories of Aboriginal and Torres Strait Islander servicemen and women.
In late 2008, City staff met with the Department of Premier and Cabinet about the Coloured Digger Project. The site proposed by the Steering Committee, First Fleet Park, is owned by the Sydney Harbour Foreshore Authority (SHFA). The Steering Committee had advised staff that they were planning to approach SHFA directly.
The provision of public recognition of Indigenous contribution is strongly articulated as a priority project for Sustainable Sydney 2030 via the Eora Journey, a cultural walk acknowledging sites of significance from the Harbour to Redfern.
1033 Monday 21 September 2009
ITEM 13 NOTICES OF MOTION
PROPOSAL FOR A NATIONAL MUSEUM OF INDIGENOUS ART & CULTURE IN SYDNEY (S063666)
1. Moved by Councillor Burgmann, seconded by Councillor Mallard -
It is resolved that Council:
(A) present to the Barangaroo Delivery Authority a proposal for an Architectural Design Competition for a National Museum of Indigenous Art & Culture in Sydney;
(B) propose that Barangaroo, which is named after an important Indigenous woman from Sydney’s early history, be the appropriate site for the Museum; and
(C) note that Sydney and Australia lack a dedicated National Museum of Indigenous Art & Culture, the equivalent of New York and Washington’s National Museum of the American Indian, Paris’ Musee de Quai Branly or Noumea’s Tjibao Cultural Centre, and in view of recent comments by Professor Philip Cox and Bev Manton of the NSW Aboriginal Land Council that such a project is overdue recognise that it would fill a yawning gap in the cultural landscape.
Variation. At the request of Councillor Hoff, and by consent, the motion was varied, such that it read as follows:
It is resolved that Council:
(A) note that:
(i) on 18 February 2008, Council unanimously resolved, inter alia, that:
“as a concrete example of the City’s commitment to reconciliation, and specifically the apology delivered by the Prime Minister on 13 February 2008, the City commits to the establishment of a major Aboriginal Cultural Centre - in co-operation with the State and Federal Governments and private philanthropic sources - by 13 February 2012, to exhibit and teach the story of the world’s oldest living culture, a place for black and white Australians, and overseas visitors, to learn more of our shared story.”; and
(ii) on 2 June 2008, Council unanimously resolved, inter alia, that:
“Council approve the establishment of a Working Group to undertake a preliminary investigation into an Aboriginal Cultural Centre”; and
(B) request the Chief Executive Officer to refer the proposal for a National Museum of Indigenous Art and Culture at Barangaroo, as outlined in the Notice of Motion lodged by Councillor Burgmann for the meeting of Council on 21 September 2009, to the Aboriginal Cultural Centre Working Group for its consideration.
The motion, as varied by consent, was carried unanimously.
Monday 21 September 2009 1034
Business of which due notice had not been given
At this stage of the meeting, Councillor Harris sought to introduce the following motion –
The City of Sydney Council:
1. welcomes the commitment by the State Government of $5.3B to rail transport;
2. notes that analysis by EcoTransit, a transport planning advocacy group that draws its research from Dr Garry Glazebrook, demonstrates that the current Sydney metro plan will sterilise the Pitt Street heavy rail corridor and block the Western underground reservation at the point where it passes under Wynyard Station;
3. notes that the sterilization of the Pitt Street heavy rail corridor will prevent the construction of a further two heavy rail lines through the City and that will deny an opportunity to expand the Sydney wide heavy rail system by 50 per cent over the next decade. This means denying an increase in capacity to over 250 stations in the Sydney wide rail network;
4. notes that blocking the Western underground reservation at the point where it passes under Wynyard Station will deny the construction of future metro style trains to Mosman and the Northern Beaches, denying a metro under Martin Place to the University of NSW and south eastern suburbs and preventing augmentation of services on the Chatswood to Epping line;
5. notes Ecotransit research that indicates that the $5.3B metro will be of little use to wider Sydney without an $8B extension to the West and a further $8B plus extension to the North West;
6. notes Ecotransit research that estimates that the $5.3B allocated to the Sydney to Rozelle metro could finance the construction of stage 1 of the heavy rail link to Castle Hill ($700M), plus the South west rail link ($1.36B), plus the Parramatta to Epping rail link ($2.2B), plus light rail extensions to Dulwich Hill, White Bay, Barangaroo and Green Square ($500M), plus $500M change to improve current CityRail services;
7. requests that the Chief Executive Officer prepare a submission to the Sydney Metro pointing out the deficiencies of the current plan and seeking an urgent review of priorities for rail expenditure;
8. requests that the Lord Mayor write to the Premier and the Leader of the Opposition expressing the City’s concern about a potential misallocation of resources that will compromise future rail capacity; and
9. requests that the exhibition period be extended until 1 December 2009 and, at least one month prior to the exhibition period closing, that the City of Sydney be provided with adequate information on the impact of demolishing the backs of existing buildings in Union Square and a feasibility study on the use of proposed alternative sites.
Note: Pursuant to the provisions of Clause 241(3) of the Local Government (General) Regulation 2005, the Chair (the Lord Mayor) ruled that this matter be dealt with as a matter of urgency at this meeting of Council.
1035 Monday 21 September 2009
The proposed motion was then moved by Councillor Harris and seconded by Councillor Doutney.
Variation. At the request of the Chair (the Lord Mayor), and by consent, the motion was varied, such that it read as follows:
The City of Sydney Council:
1. welcomes the commitment by the State Government of $5.3B to rail transport;
2. notes that the City is preparing an extensive submission on the CBD Metro in line with its endorsed Public Transport positions and Sustainable Sydney 2030; and
3. calls upon the State Government to extend the exhibition period until December 2009 to enable community groups particularly to be able to respond.
The motion, as varied by consent, was carried unanimously.
Extension 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 McInerney –
That Councillor Harris be granted an extension of time to speak on this matter.
Carried unanimously.
At 8.28pm the meeting concluded.
Chair of a meeting of the Council of the City of Sydney held on 2 November 2009 at which meeting the signature herein was subscribed.