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Ordinary Council

Minutes

Monday 27 July 2020 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020 Ordinary Council Meeting

Monday 27 July 2020 Table of Contents

Page Items Determined Under Delegated Authority by Council Committees ...... 396 Ordinary Council Meeting ...... 397 Confirmation of Minutes ...... 398 Leave of Absence and Apologies ...... 398 Declarations of Interest ...... 398 Late Correspondence ...... 398 Petitions Tabled ...... 398 Public Forum ...... 398 Mayoral Minute ...... 399 10.1 Update on Covid-19 Response and Recovery ...... 399 Environmental Planning Committee ...... 6 July 2020 ...... 400 R1 Report on the Planning Proposal to introduce an FSR Control for Low Density Residential Development and Urban Greening Provisions ...... 400 R2 Planning Proposal - Heritage Listing of Trelawney Court, including interiors, at 3 Trelawney Street, Woollahra ...... 403 R3 Report on Council's Response to the Climate Emergency Declaration ...... 404 Finance, Community & Services Committee ...... 13 July 2020 ...... 406 R1 Paddington Business Partnership - Funding Request 2020/2021 ...... 406 R2 Community and Cultural Grants Program 2020/21 - Round 1 ...... 408 R3 Annual Mayor and Councillor Fees ...... 409 Rescission Motion ...... 410 14.1 Rescission Motion - Liverpool Street, Paddington - Proposed Angle Parking Investigation ...... 410 Councillor Reports/Councillor Updates ...... 411 Notices of Motion ...... 412 16.1 Notice of Motion - Acknowledgement of Country ...... 412 16.2 Notice of Motion - 30km speed zone ...... 414 16.3 Notice of Motion - Planning Panel Reforms ...... 415 16.4 Notice of Motion - Conservation of Heritage Listed Items ...... 416 16.5 Notice of Motion - Liverpool Street, Paddington - proposed angle parking investigation ...... 418 16.6 Notice of Motion - Private Certifiers ...... 420 16.7 Notice of Motion - Reducing the number of community representatives on the Woollahra Local Planning Panel (WLPP) ...... 421 16.8 Notice of Motion - Anti-Discrimination Amendment (Religious Freedoms and Equality) Bill 2020 (NSW) ...... 423

Page 394 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020

Questions With Notice...... 424 17.1 Questions with Notice - Black Lives Matter ...... 424 17.2 Questions with Notice - Aboriginal Heritage and Development Application Assessment Process ...... 438 17.3 Questions with Notice - New Complying Development Code for Medium Density Housing ...... 439 17.4 Questions with Notice - Sydney Grammar School’s Weigall Sports Complex ...... 442 17.5 Questions with Notice - Development Application for White City ...... 445 17.6 Questions with Notice - 28-34 Cross Street, Double Bay ...... 446 17.7 Questions with Notice - Policy in Respect to Grants Funded by the Department ...... 447 17.8 Questions with Notice - Non-complying developments ...... 449 17.9 Questions with Notice - Code of Conduct ...... 449

Page 395 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020 Items Determined Under Delegated Authority by Council Committees

The following items were determined under Delegated Authority. To see the delegated decisions of Council please refer to the individual Committee Meeting Minutes.

Environmental Planning Committee held on Monday 06 July 2020 D1 Confirmation of Minutes of Meeting held on 1 June 2020 D2 Minutes of the Ecological Sustainability Taskforce Meeting Held 26 May 2020

Finance, Community & Services Committee held on Monday 13 July 2020 D1 Confirmation of Minutes of Meeting held on 9 June 2020 D2 Audit & Assurance Committee Minutes - 19 September 2018, 3 April 2019, 25 February 2020 and 30 June 2020 D3 Monthly Financial Report - June 2020

Page 396 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020

Ordinary Council Meeting

Minutes of the Meeting of Woollahra Municipal Council held at the Council Chambers, 536 New South Head Road, Double Bay, on 27 July 2020 at 6.05pm.

Present: Her Worship the Mayor, Councillor Susan Wynne, ex-officio Councillors: Richard Shields Peter Cavanagh Claudia Cullen Luise Elsing (Not present for NOM 16.6) Mary-Lou Jarvis Anthony Marano Nick Maxwell Megan McEwin Harriet Price Lucinda Regan Matthew Robertson (Not present for NOM 16.2 & NOM 16.3) Isabelle Shapiro Mark Silcocks Toni Zeltzer

Staff: Allan Coker (Director – Planning & Development) Sharon Campisi (Manager - Community Development) Don Johnston (Director – Corporate Services) Sue O’Connor (Governance Officer) Tom O’Hanlon (Director – Technical Services) Craig Swift-McNair (General Manager) Helen Tola (Manager – Governance & Council Support) Patricia Vella (PA to The Mayor & General Manager)

Also in Attendance: Nil

Page 397 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020 Confirmation of Minutes

(Elsing/Cavanagh)

103/20 Resolved:

THAT the Minutes of the Ordinary Council Meeting held on 22 June 2020 be taken as read and confirmed. Leave of Absence and Apologies Nil Declarations of Interest

Councillor Elsing declared a Non-Significant, Non-Pecuniary Interest in Item 14.1 (Rescission Motion – Liverpool Street, Paddington – Proposed Angle Parking Investigation) & Item 16.5 (Notice of Motion – Liverpool Street, Paddington – Proposed Angle Parking Investigation), as Councillor Elsing has a self-managed superannuation fund which owns a property in Liverpool Street, Paddington. Councillor Elsing participated in debate and voted on the matter.

Councillor Jarvis declared a Non-Significant, Non-Pecuniary Interest in Item 14.1 (Rescission Motion – Liverpool Street, Paddington – Proposed Angle Parking Investigation) & Item 16.5 (Notice of Motion – Liverpool Street, Paddington – Proposed Angle Parking Investigation), as her cousin lives in Glenview Avenue, Paddington. Councillor Jarvis participated in debate and voted on the matter.

Councillor Robertson declared a Non-Significant, Non-Pecuniary Interest in Item 13.1 EP R1 (Report on the Planning proposal to introduce an FSR Control for Low Density Residential Development and Urban Greening Provisions) as Rosie White, a member of the Greens has made a late submission and is known to him. Councillor Robertson participated in debate and voted on the matter.

Councillor McEwin declared a Non-Significant, Non-Pecuniary Interest in Item 13.1 EP R1 (Report on the Planning proposal to introduce an FSR Control for Low Density Residential Development and Urban Greening Provisions) as Rosie White, a member of the Greens has made a late submission and is known to her. Councillor McEwin participated in debate and voted on the matter. Late Correspondence

Note: Council resolution of 27 June 2011 to read late correspondence in conjunction with the relevant Agenda Items EP (R1 & R3), FC&S (R1), Rescission Motion (14.1) NOMs (16.2, 16.3, 16.4 & 16.7) & QWNs (17.3, 17.7, 17.8 & 17.9). Petitions Tabled Nil Public Forum Nil

Page 398 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020 Mayoral Minute

Item No: 10.1 Subject: UPDATE ON COVID-19 RESPONSE AND RECOVERY Author: Susan Wynne, Mayor File No: 20/126458 Reason for Report: To provide an update to Council on COVID-19 related activity

(Wynne/Shapiro)

104/20 Resolved:

A. THAT Council note the progress of Council’s continuing response to COVID-19.

B. THAT a further update be provided to the August meeting of Council.

C. THAT a briefing on Woollahra’s COVID-19 Recovery Program be provided to Councillors in the lead up to the August Council meeting.

Note: In accordance with Council’s adopted Code of Meeting Practice voting on the Motion is noted below.

For the Motion Against the Motion

Councillor Cavanagh Nil Councillor Cullen Councillor Elsing Councillor Jarvis Councillor Marano Councillor Maxwell Councillor McEwin Councillor Price Councillor Regan Councillor Robertson Councillor Shapiro Councillor Shields Councillor Silcocks Councillor Wynne Councillor Zeltzer

15/0

Page 399 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020 Environmental Planning Committee

Items with Recommendations from the Committee Meeting of Monday 6 July 2020 Submitted to the Council for Determination

Item No: R1 Recommendation to Council REPORT ON THE PLANNING PROPOSAL TO INTRODUCE AN Subject: FSR CONTROL FOR LOW DENSITY RESIDENTIAL DEVELOPMENT AND URBAN GREENING PROVISIONS Authors: Anne White, Team Leader - Strategic Planning Deeksha Nathani, Strategic Planner Approvers: Chris Bluett, Manager - Strategic Planning Allan Coker, Director - Planning & Development File No: 20/31608 Reason for Report: To present the report, Woollahra: Greening our LGA, prepared by Lyndal Plant, Urban Forester Pty Ltd. To present a planning proposal which introduces floor space ratio (FSR) controls for low density residential development as well as provisions to sustain and enhance Woollahra’s tree canopy. To obtain Council’s approval to refer the planning proposal to the Woollahra Local Planning Panel for advice. To obtain Council’s approval to refer proposed amendments to Woollahra DCP 2015, including a number of new objectives and controls including urban greening provisions, to the Woollahra Local Planning Panel for advice.

Note: Councillor Robertson declared a Non-Significant, Non-Pecuniary Interest in this Item, as Rosie White, a member of the Greens has made a late submission and is known to him. Councillor Robertson participated in debate and voted on the matter.

Note: Councillor McEwin declared a Non-Significant, Non-Pecuniary Interest in this Item, as Rosie White, a member of the Greens has made a late submission and is known to her. Councillor McEwin participated in debate and voted on the matter.

Note: Late correspondence was tabled by Allan Coker, Council’s Director Planning & Development, Rosie White, Rose Bay Residents Association, Double Bay Residents Association & Kim Foltz of Vaucluse West Association.

Motion moved by Councillor Jarvis Seconded by Councillor Zeltzer

A. THAT Council note the report and annexures submitted to the Environmental Planning Committee on 6 July 2020 about the proposed introduction of FSR controls for low density residential development and urban greening provisions which includes a number of recommendations to facilitate best practice to sustain and enhance private landscaping and urban greening associated with new development.

Page 400 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020 B. THAT staff organise another briefing of Councillors about the proposed tree canopy controls to allow further discussion and consideration of options to address Councillor concerns. C. THAT the outcomes of the Councillor briefing be reported to the Environmental Planning Committee on 7 September 2020 with the recommendation to full Council on 28 September 2020.

Amendment moved by Councillor Robertson Seconded by Councillor Elsing

A. THAT Council note the report, attached as Annexure 1, Woollahra: Greening our LGA prepared by Lyndal Plant, Urban Forester Pty Ltd, which includes a number of recommendations to facilitate best practice to sustain and enhance private landscaping and urban greening associated with new development.

B. THAT Council note that the planning proposal attached as Annexure 2 proposes that Woollahra LEP 2014 be amended by introducing the following provisions: i. A maximum floor space ratio (FSR) control of 0.5:1 for low density residential development in the R2 Low Density Residential and R3 Medium Density Residential zones. ii. A maximum FSR control of 0.75:1 for low density residential development in the Wolseley Road, Point Piper area. iii. A range of maximum FSR controls for low density residential development on small sites in the R2 Low Density Residential and R3 Medium Density Residential zones. iv. New LEP objectives and local provisions to sustain and enhance tree cover.

C. THAT the planning proposal attached as Annexure 2, and referred to in item B, be referred to the Woollahra Local Planning Panel for advice subject to inserting the following information with explanatory text: i. The amended small lots sliding scale table ii. The testing of the small lots sliding scale.

D. THAT the proposed amendments to Chapter B3: General Development Controls and E3: Tree Management of the Woollahra DCP 2015, attached as Annexures 3 and 4 also be referred to the Woollahra Local Planning Panel for advice.

E. THAT the advice of the Woollahra Local Planning Panel be reported to the Environmental Planning Committee.

F. THAT following consideration of the expert advice from the Woollahra Local Planning Panel, Council determine whether or not, and in what form the planning proposal should be referred to the Department of Planning, Industry and Environment for a gateway determination.

G. THAT Council make a submission to the State Government is relation to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 requesting that the exemption criteria for complying development about the protection of trees be strengthened to ensure the retention and enhancement of tree canopy as part of complying development.

H. THAT staff circulate to Councillors the list of suitable canopy trees proposed to be published in Council’s DA Guide.

Page 401 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020 I. THAT Council prepare an Urban Forest Strategy setting out its long term vision and tree canopy targets for land owned or administered by Council.

J. THAT legal advice be obtained in relation to Council’s ability to require replacement planting when Council is notified that an ‘exempt’ species tree is to be removed without a permit or development consent.

Amendment was put and lost. The Motion was put and carried.

(Jarvis/Zeltzer)

105/20 Resolved:

B. THAT staff organise another briefing of Councillors about the proposed tree canopy controls to allow further discussion and consideration of options to address Councillor concerns.

C. THAT the outcomes of the Councillor briefing be reported to the Environmental Planning Committee on 7 September 2020 with the recommendation to full Council on 28 September 2020.

Note: In accordance with section 375A of the Local Government Act a Division of votes is recorded on this planning matter.

For the Motion Against the Motion

Councillor Cavanagh Councillor Elsing Councillor Cullen Councillor Marano Councillor Jarvis Councillor Regan Councillor Maxwell Councillor Robertson Councillor McEwin Councillor Price Councillor Shapiro Councillor Shields Councillor Silcocks Councillor Wynne Councillor Zeltzer

11/4

Page 402 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020

Item No: R2 Recommendation to Council PLANNING PROPOSAL - HERITAGE LISTING OF TRELAWNEY Subject: COURT, INCLUDING INTERIORS, AT 3 TRELAWNEY STREET, WOOLLAHRA Author: Flavia Scardamaglia, Strategic Heritage Officer Approvers: Chris Bluett, Manager - Strategic Planning Allan Coker, Director - Planning & Development File No: 20/108411 Reason for Report: To respond to Council’s resolution on 11 November 2019 to investigate the heritage significance of Trelawney Court at 3 Trelawney Street Woollahra. To obtain Council’s approval to prepare a planning proposal to list Trelawney Court, including interiors, at 3 Trelawney Street Woollahra as a local heritage item. To obtain Council’s approval for the planning proposal to be referred to the Woollahra Local Planning Panel for advice.

(Jarvis/Zeltzer)

106/20 Resolved without debate:

A. THAT a planning proposal be prepared to list Trelawney Court, including interiors, at 3 Trelawney Street, Woollahra as a local heritage item in Schedule 5 of the Woollahra Local Environmental Plan 2014.

B. THAT the planning proposal be referred to the Woollahra Local Planning Panel for advice.

C. THAT the advice of the Woollahra Local Planning Panel be reported to the Environmental Planning Committee.

Note: In accordance with section 375A of the Local Government Act a Division of votes is recorded on this planning matter.

For the Motion Against the Motion

15/0

Page 403 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020 Item No: R3 Recommendation to Council REPORT ON COUNCIL'S RESPONSE TO THE CLIMATE Subject: EMERGENCY DECLARATION Author: Micaela Hopkins, Team Leader Environment & Sustainability Approvers: Paul Fraser, Manager - Open Space & Trees Tom O'Hanlon, Director - Technical Services File No: 20/89352 Reason for Report: To report back to Council in response to the Notice of Motion IN3 19/142044

Note: Late correspondence was tabled by Cr Matthew Robertson, Tony Wright, Silvia Greco, Lorenzo Logi, Sandra Caravjal, Kara Hanna, Maria Espaliat, Prudence Murphy & Ian Dunwoodie

Motion moved by Councillor Robertson Seconded by Councillor Elsing

A. THAT the report on Council’s response to the climate emergency declaration be received and noted.

B. THAT the Environment and Sustainability Team implement the climate emergency actions identified, with an amendment to the report in relation to the Power Purchase Agreement, that Council advocate for increasing the amount of renewable energy purchased from 30% to 100%, and that no such renewable energy is sourced from fracking.

C. THAT a further report be brought back to Environment Planning Committee by February 2021 tracking the progress.

D. THAT staff investigate whether Council has current contractual engagements with any companies on The Adani List and if so recommend appropriate action to Council.

Amendment moved by Councillor Shields Seconded by Councillor Shapiro

A. THAT the report on Council’s response to the climate emergency declaration be received and noted.

B. THAT the Environment and Sustainability Team implement the climate emergency actions identified, with an amendment to the report in relation to the Power Purchase Agreement, that Council advocate for increasing the amount of renewable energy purchased from 30% to 100%, and ensure that no such renewable energy is sourced from fracking.

C. THAT a further report be brought back to Environment Planning Committee by February 2021 tracking the progress.

The Amendment was and lost. The Motion was put and carried.

Page 404 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020 (Robertson/Elsing)

107/20 Resolved:

A. THAT the report on Council’s response to the climate emergency declaration be received and noted.

C. THAT a further report be brought back to Environment Planning Committee by February 2021 tracking the progress.

D. THAT staff investigate whether Council has current contractual engagements with any companies on The Adani List and if so recommend appropriate action to Council.

Note: In accordance with section 375A of the Local Government Act a Division of votes is recorded on this planning matter.

For the Motion Against the Motion

Councillor Cavanagh Councillor Cullen* Councillor Elsing Councillor Jarvis Councillor Marano Councillor Shapiro Councillor Maxwell Councillor Shields Councillor McEwin Councillor Wynne Councillor Price Councillor Zeltzer Councillor Regan Councillor Robertson Councillor Silcocks

9/6

Note*: Councillor Cullen abstained and was recorded against the Motion.

Page 405 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020 Finance, Community & Services Committee

Items with Recommendations from the Committee Meeting of Monday 13 July 2020 Submitted to the Council for Determination

Item No: R1 Recommendation to Council PADDINGTON BUSINESS PARTNERSHIP - FUNDING REQUEST Subject: 2020/2021 Author: Peter Kauter, Manager Placemaking Approver: Allan Coker, Director - Planning & Development File No: 20/93012 Reason for Report: To consider the Paddington Business Partnership’s funding request for 2020/2021

Note: Late correspondence was tabled by Allan Coker, Council’s Director Planning & Development.

(Marano/Robertson)

108/20 Resolved without debate:

A. THAT the Council, in response to the Paddington Business Partnership’s request for funding for the 2020/2021 financial year, agree to provide $33,500 funding to undertake activities in accordance with the Business Plan for the financial year 30 June 2020, being Annexure 2 of this report.

B. THAT this agreement is subject to adoption by Council of the draft budget for 2020/2021. The Council reserves the right to change the amount of funding and/or the terms of funding pending the final adoption of the draft budget.

C. THAT 10% of the funding referred to in Part A be withheld pending the Paddington Business Partnership submitting a satisfactory mid-stream report on its activities.

D. THAT any funds remaining in Council’s 2020/2021 adopted budget for the Paddington Business Partnership be allocated for events such as the William Street Festival should COVID-19 restrictions be sufficiently lifted to allow that or other events to occur. Alternatively the remaining funds be used for other Oxford Street & Paddington programs.

Page 406 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020 Note: In accordance with Council’s adopted Code of Meeting Practice voting on the Motion is noted below.

For the Motion Against the Motion

15/0

Page 407 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020

Item No: R2 Recommendation to Council COMMUNITY AND CULTURAL GRANTS PROGRAM 2020/21 - Subject: ROUND 1 Authors: Rachel Bangoura, Community Development Officer Jacky Hony, Team Leader - Community Development Officer Approvers: Sharon Campisi, Manager - Community Development Lynn Garlick, Director - Community Services File No: 20/106939 Reason for Report: To give consideration to applications for Section 356 Community and Cultural Grants.

(Marano/Robertson)

109/20 Resolved without debate:

A. THAT Council approve the selection panel’s recommendations for large and small grants under the first round of the 2020/21 Community and Cultural Grants Program, subject to the removal of the Vaucluse Bowling Club funding in the amount of $7,500.

B. THAT a report be prepared (in due course) analysing best practice and making recommendations on how we could invigorate the Community & Cultural Grants Program to encourage new applicants in a broader cross section.

Note: In accordance with Council’s adopted Code of Meeting Practice voting on the Motion is noted below.

For the Motion Against the Motion

15/0

Page 408 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020

Item No: R3 Recommendation to Council Subject: ANNUAL MAYOR AND COUNCILLOR FEES Author: Helen Tola, Manager - Governance & Council Support Approver: Don Johnston, Director Corporate Services File No: 20/51171 Reason for Report: The Local Government Act 1993 requires that each Council determine the annual fee payable to the Mayor and Councillors.

(Marano/Robertson)

110/20 Resolved without debate:

A. THAT Council notes that the Local Government Remuneration Tribunal has determined that there will be no increase in Mayoral or Councillor fees for the 2020/21 financial year.

B. THAT in accordance with Section 248 of the Local Government Act 1993, Council fix the annual fee for Councillors at an amount of $20,280 per Councillor for the period 1 July 2020 to 30 June 2021.

C. THAT in accordance with Section 249 of the Local Government Act 1993, Council fix the annual fee for the Mayor at an amount of $44,230 for the period 1 July 2020 to 30 June 2021.

Note: In accordance with Council’s adopted Code of Meeting Practice voting on the Motion is noted below.

For the Motion Against the Motion

15/0

Page 409 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020 Rescission Motion

Item No: 14.1 RESCISSION MOTION - LIVERPOOL STREET, PADDINGTON - Subject: PROPOSED ANGLE PARKING INVESTIGATION From: Councillors Matthew Robertson, Megan McEwin and Peter Cavanagh Date: 21/07/2020 File No: 20/126638

Note: Councillor Elsing declared a Non-Significant, Non-Pecuniary Interest in this Item, as Councillor Elsing has a self-managed superannuation fund which owns a property in Liverpool Street, Paddington. Councillor Elsing participated in debate and voted on the matter.

Note: Councillor Jarvis declared a Non-Significant, Non-Pecuniary Interest in this Item, as her cousin lives in Glenview Avenue, Paddington. Councillor Jarvis participated in debate and voted on the matter.

Note: Late correspondence was tabled by Pierce Cody, Ivan Jelic, BIKEast, Andrew Moss, Suzanne Damms & Eric Papas, Kirsten Farmer, Jacqueline Walker, Bianca Phio and Meredith Phelps.

(Robertson/Cavanagh)

111/20 Resolved:

THAT the motion carried at the Council Meeting held on 4 May 2020 being Item Number R2 of the Finance, Community & Services Committee dealing with Liverpool Street, Paddington – Proposed angle parking investigation be rescinded.

Note: In accordance with Council’s adopted Code of Meeting Practice voting on the Motion is noted below.

For the Motion Against the Motion

Councillor Cavanagh Councillor Cullen Councillor Elsing Councillor Jarvis Councillor Marano Councillor Price Councillor Maxwell Councillor Silcocks Councillor McEwin Councillor Regan Councillor Robertson Councillor Shapiro Councillor Shields Councillor Wynne Councillor Zeltzer

11/4

Page 410 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020 Councillor Reports/Councillor Updates (Section 8.4)

Note: Councillor Reports/Councillor Updates are to be confined to condolences, congratulations, presentations and matters ruled by the Chair to be of extreme urgency (in accordance with Section 8.4 of Council’s Code of Meeting Practice).

Page 411 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020 Notices of Motion

Item No: 16.1 Subject: NOTICE OF MOTION - ACKNOWLEDGEMENT OF COUNTRY From: Councillors Luise Elsing and Megan McEwin Date: 23/06/2020 File No: 20/107500

Motion moved by Councillor Elsing Seconded by Councillor McEwin

THAT Council resolve to:

A. immediately refrain form the practice of acknowledging Queen Elizabeth II at Woollahra Council meetings, and

B. amend clause 8.1 of the Code of Meeting Practice dated 13 December 2019 to remove from the order of business for Ordinary Woollahra Council meetings item 4 - “acknowledgement of the sovereign of the day (Queen Elizabeth II)” which immediately follows item 3 - “the acknowledgment of country (Gadigal and Birrabirragal People)”.

The Motion was put and lost.

Note: In accordance with Council’s adopted Code of Meeting Practice voting on the Motion is noted below.

For the Motion Against the Motion

Councillor Cullen Councillor Cavanagh Councillor Elsing Councillor Jarvis Councillor McEwin Councillor Marano Councillor Price Councillor Maxwell Councillor Regan Councillor Shapiro Councillor Silcocks Councillor Shields Councillor Wynne Councillor Zeltzer

6/8

Lost

Procedural Motion moved by Councillor Robertson Seconded by Councillor Elsing

THAT the Notice of Motion – Acknowledgement of Country be recommitted for the vote.

The Procedural Motion was put and carried.

Page 412 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020 112/20 (Robertson/McEwin)

Resolved:

THAT the Notice of Motion – Acknowledgement of Country be recommitted for the vote.

The Motion was put and carried on the casting vote of the Mayor.

Note: In accordance with Council’s adopted Code of Meeting Practice voting on the Motion is noted below.

For the Motion Against the Motion

Councillor Elsing Councillor Cavanagh Councillor Marano Councillor Cullen Councillor McEwin Councillor Jarvis Councillor Price Councillor Maxwell Councillor Regan Councillor Shapiro Councillor Robertson Councillor Shields Councillor Silcocks Councillor Zeltzer Councillor Wynne*

8/7 Motion carried on the casting vote of the Mayor.

Motion moved by Councillor Elsing Seconded by Councillor McEwin

THAT Council resolve to:

A. immediately refrain form the practice of acknowledging Queen Elizabeth II at Woollahra Council meetings, and B. amend clause 8.1 of the Code of Meeting Practice dated 13 December 2019 to remove from the order of business for Ordinary Woollahra Council meetings item 4 - “acknowledgement of the sovereign of the day (Queen Elizabeth II)” which immediately follows item 3 - “the acknowledgment of country (Gadigal and Birrabirragal People)”.

The Motion was put and lost.

Note: In accordance with Council’s adopted Code of Meeting Practice voting on the Motion is noted below.

For the Motion Against the Motion Councillor Cullen Councillor Cavanagh Councillor Elsing Councillor Jarvis Councillor McEwin Councillor Marano Councillor Price Councillor Maxwell Councillor Regan Councillor Shapiro Councillor Robertson Councillor Shields Councillor Silcocks Councillor Wynne Councillor Zeltzer 7/8 Lost Page 413 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020

Item No: 16.2 Subject: NOTICE OF MOTION - 30KM SPEED ZONE From: Councillors Susan Wynne, Isabelle Shapiro and Mary-Lou Jarvis Date: 13/07/2020 File No: 20/120897

Note: Late correspondence was tabled by BIKEast (2 pieces) & Francis Walsh.

(Shapiro/Jarvis)

113/20 Resolved without debate:

THAT staff investigate and prepare a report regarding the potential to implement 30km/h zones or 40km/h zones in certain areas of Woollahra Municipality similar to those proposed to be installed in Manly and Liverpool as outlined in the report in the SMH on Saturday 11 July 2020.

Adopted

Note: In accordance with Council’s adopted Code of Meeting Practice voting on the Motion is noted below.

For the Motion Against the Motion

Councillor Cavanagh Nil Councillor Cullen Councillor Elsing Councillor Jarvis Councillor Marano Councillor Maxwell Councillor McEwin Councillor Price Councillor Regan Councillor Shapiro Councillor Shields Councillor Silcocks Councillor Wynne Councillor Zeltzer

14/0

Page 414 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020

Item No: 16.3 Subject: NOTICE OF MOTION - PLANNING PANEL REFORMS From: Councillors Lucinda Regan, Luise Elsing, Mark Silcocks, Matthew Robertson, Megan McEwin, Harriet Price and Claudia Cullen Date: 21/07/2020 File No: 20/126395

Note: Late correspondence was table by Rose Bay Residents Association, Double Bay Residents Association, Peter Benjamin, Michael Aldred & Kim Foltz of Vaucluse West Association.

(Regan/Cullen)

114/20 Resolved without debate:

THAT Council write to the New South Wales Minister for Planning and Public Spaces the Hon Rob Stokes MP and the Premier of New South Wales Ms Gladys Berejiklian, to express its concern in relation to the changes (to commence on 1 August 2020) to the operations of NSW Planning Panels which have the aim of speeding up determinations of development applications, with potential damaging consequences for community input, for the reasons outlined in this Notice of Motion below.

Adopted

Note: In accordance with Council’s adopted Code of Meeting Practice voting on the Motion is noted below.

For the Motion Against the Motion

Councillor Cavanagh Nil Councillor Cullen Councillor Elsing Councillor Jarvis Councillor Marano Councillor Maxwell Councillor McEwin Councillor Price Councillor Regan Councillor Shapiro Councillor Shields Councillor Silcocks Councillor Wynne Councillor Zeltzer

14/0

Page 415 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020 Item No: 16.4 NOTICE OF MOTION - CONSERVATION OF HERITAGE LISTED Subject: ITEMS From: Councillors Matthew Robertson, Peter Cavanagh, Anthony Marano, Toni Zeltzer, Lucinda Regan and Megan McEwin Date: 21/07/2020 File No: 20/126468

Note: Late correspondence was table by Milenko Mijuskovic, Andrew Woodhouse, John S Walton & Darling Point Society.

(Zeltzer/Regan)

115/20 Resolved without debate:

THAT Council:

A. Notes Council's heritage items listed under Schedule 5 of Woollahra LEP 2014, the character they give our local area, and the high value the Woollahra community places on heritage.

B. Notes the Woollahra Local Strategic Planning Statement captures Council's intent to proactively manage the conservation of our area's rich and diverse heritage.

C. Notes its powers under clause 5.10(6) to request a Conservation Management Plan in connection with proposed development of listed heritage items.

D. Requests staff prepare a report covering the following: (i) review of Council's current approach on enforcement in relation to unauthorised works on listed heritage items per Schedule 5 of Woollahra LEP, including review of Council's 2007 Enforcement Policy. (ii) recommended options to strengthen Council's role in taking action against unauthorised works on listed heritage items. (iii) recommended options to embed the requirement for a Conservation Management Plan in appropriate circumstances in connection with proposed development applicable to all heritage listed items per Schedule 5 of Woollahra LEP.

Adopted

Page 416 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020 Note: In accordance with Council’s adopted Code of Meeting Practice voting on the Motion is noted below.

For the Motion Against the Motion

15/0

Page 417 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020

Item No: 16.5 NOTICE OF MOTION - LIVERPOOL STREET, PADDINGTON - Subject: PROPOSED ANGLE PARKING INVESTIGATION From: Councillors Matthew Robertson, Megan McEwin and Peter Cavanagh Date: 21/07/2020 File No: 20/126713

Note: Late correspondence was tabled by Pierce Cody, Ivan Jelic, BIKEast, Andrew Moss, Suzanne Damms & Eric Papas, Kirsten Farmer, Jacqueline Walker, Bianca Phio and Meredith Phelps.

(Robertson/Cavanagh)

116/20 Resolved:

THAT Council requests staff to:

A. Re-Exhibit the proposal for angle parking on Liverpool Street, Paddington, first exhibited on 3 March 2020, including to all residents of Glenview Street, Paddington.

B. Report again to Council via the Woollahra Local Traffic Committee on the outcome of this consultation and provide a recommendation to Council on:

(i) the proposal to implement angle parking on Liverpool Street between MacDonald and Glenview Streets, Paddington and on Liverpool Street between McDonald and Glenmore Road, Paddington; and (ii) the treatment of the public domain in the immediate vicinity including active transport linkages and landscaping enhancements.

Adopted

Page 418 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020 Note: In accordance with Council’s adopted Code of Meeting Practice voting on the Motion is noted below.

For the Motion Against the Motion

Councillor Cavanagh Councillor Price Councillor Cullen Councillor Silcocks Councillor Elsing Councillor Jarvis Councillor Marano Councillor Maxwell Councillor McEwin Councillor Regan Councillor Robertson Councillor Shapiro Councillor Shields Councillor Wynne Councillor Zeltzer

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Page 419 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020

Item No: 16.6 Subject: NOTICE OF MOTION - PRIVATE CERTIFIERS From: Councillor Toni Zeltzer Date: 21/07/2020 File No: 20/126839

(Zeltzer/Maxwell)

117/20 Resolved:

THAT a report be presented to the appropriate committee on how private certifiers may be held to better account in relation to breaches of development consents.

Adopted

Note: In accordance with Council’s adopted Code of Meeting Practice voting on the Motion is noted below.

For the Motion Against the Motion

Councillor Cavanagh Nil Councillor Cullen Councillor Jarvis Councillor Marano Councillor Maxwell Councillor McEwin Councillor Price Councillor Regan Councillor Robertson Councillor Shapiro Councillor Shields Councillor Silcocks Councillor Wynne Councillor Zeltzer

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Page 420 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020

Item No: 16.7 NOTICE OF MOTION - REDUCING THE NUMBER OF Subject: COMMUNITY REPRESENTATIVES ON THE WOOLLAHRA LOCAL PLANNING PANEL (WLPP) From: Councillors Toni Zeltzer and Anthony Marano Date: 21/07/2020 File No: 20/126844

Note: Late correspondence was tabled by Kim Foltz of Vaucluse West Association.

(Zeltzer/Marano)

118/20 Resolved:

A. THAT Council resolve to reduce the pool of council’s community representatives for the Local Planning Panel from the existing 9 to 4.

B. THAT all 4 community representatives have equal status and that there are no alternates, as 4 provides ample number for rotation in the event of absences or conflicts of interest.

C. THAT Council notes all 4 community representatives have demonstrated previous or ongoing engagement with Woollahra Council beyond simply being part of the Local Planning Panel. By so doing they are more cognisant of the values held by our local community.

D. THAT the 4 community representatives to be retained in the pool of selection for the Local Planning Panel are:

i Andrew Petrie - Former Mayor on 5 separate occasions and longest serving councillor in Woollahra’s history. Has attended hundreds of onsite inspections conducted by the former Development Control Committee of Woollahra council. Since leaving council he has contributed to the committee which determines the Woollahra Citizen of the Year.

ii Keri Huxley - Former mayor of Woollahra, who previously chaired the Development Control Committee. She has been a strong advocate of heritage protection and lives within the Paddington Conservation Area. Keri has made a valuable contribution to the existing Paddington Conservation DCP. Since leaving Council she undertook further studies at the University of Sydney in heritage protection and heritage law. She remains engaged with council through the Oxford Street Working Party and the committee reviewing Paddington’s heritage controls.

iii Nicola Grieve - Former councillor of Bellevue Hill Ward. In her last year of office, she was deputy chair of the Development Control Committee. Nicola is a strong advocate for the environment and the protection of tree canopy. Nicola remains engaged with council as a member of the Brush Regeneration Group and the Rose Bay Community Garden. Nicola is also a member of the Animal Advisory Committee.

iv Graham Humphrey - Resident of Vaucluse and local architect. Graeme has presented at council on numerous occasions and is engaged with council through his membership of the Small Sculpture Prize Committee and the Woollahra Historical Plaques Committee.

Page 421 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020 The provisions of s.2.18(5 of the EP&A Act 1979 relating to community representatives on the panel states: “(5) If the area of the relevant council is divided into wards, the council is to appoint representatives of the local community for each ward as members of the local planning panel. All those representatives are entitled to attend a meeting of the local planning panel, but only one of them designated by the chairperson of the panel comprises the quorum for the meeting and is entitled to vote and be heard on a matter before the panel.”

This does not mean either that the representative for the ward must live in the ward nor that each ward needs a separate representative and in fact some council of five wards have a pool of only three representatives.

The advice from the State Planning Secretariat on the matter of number of representatives is as follows:

‘Yes, one person can represent more than one ward. They do not necessarily have to reside in the ward, just be able to represent it i.e. be familiar with local issues, landmarks, heritage etc. I think this is achievable in less geographically dispersed LGAs.’

For the purpose of meeting the provisions in s.2.18(5) of the Act representation is as follows:

 Andrew Petrie - for Double Bay Ward  Keri Huxley - for Paddington Ward  Keri Huxley - for Cooper Ward  Nicola Grieve - for Bellevue Hill Ward  Graham Humphrey - for Vaucluse Ward.

E. THAT the new pool of 4 representatives takes effect from the first Woollahra Local Panel Meeting in August 2020.

F. THAT the panel of community representatives be reviewed within three months of the next Local Government Election (effective from 30 September 2021) and reviewed every two years after that.

Adopted

Note: In accordance with Council’s adopted Code of Meeting Practice voting on the Motion is noted below.

For the Motion Against the Motion

Councillor Cavanagh Councillor Cullen Councillor Jarvis Councillor Elsing Councillor Marano Councillor Price Councillor Maxwell Councillor Silcocks Councillor McEwin Councillor Regan Councillor Robertson Councillor Shapiro Councillor Shields Councillor Wynne Councillor Zeltzer

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Page 422 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020 Item No: 16.8 NOTICE OF MOTION - ANTI-DISCRIMINATION AMENDMENT Subject: (RELIGIOUS FREEDOMS AND EQUALITY) BILL 2020 (NSW) From: Councillor Harriet Price Date: 21/07/2020 File No: 20/126954

(Price/Elsing)

119/20 Resolved:

THAT Council: A. Notes: i. Its values of respect and integrity and its vision for Woollahra as a ‘harmonious, engaged and connected community.’; ii. its Code of Conduct which prohibits harassment and discrimination; iii. that the New South Wales One Nation Leader, Mark Latham MLC has introduced the Anti-Discrimination Amendment (Religious Freedoms and Equality) Bill 2020 (the Bill) to amend the Anti-Discrimination Act 1977 (NSW); iv. that the Bill has been co-sponsored by the Hon. Reverend Fred Nile and the Hon. Rod Roberts; v. that a Joint Select Committee, known as the Joint Select Committee on the Anti- Discrimination Amendment (Religious Freedoms and Equality) Bill 2020 (the Committee) has been appointed to inquire and report into the Bill; and vi. that the Chair of the Committee is the Hon. Gabrielle Upton MP.

B. Requests that the Mayor writes to the Chair of the Committee to inform her that: i Woollahra Council is a Council that supports fair and equal anti-discrimination laws that unite, rather than divide the community; and ii unbalanced provisions in the Bill that threaten safe and inclusive workplaces, clubs, schools, universities, and services be removed from the Bill.

Adopted

Note: In accordance with Council’s adopted Code of Meeting Practice voting on the Motion is noted below.

For the Motion Against the Motion Councillor Cullen Councillor Cavanagh Councillor Elsing Councillor Jarvis Councillor Marano Councillor Shields Councillor Maxwell Councillor McEwin Councillor Price Councillor Regan Councillor Robertson Councillor Shapiro Councillor Silcocks Councillor Wynne Councillor Zeltzer

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Page 423 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020 Questions With Notice

(Elsing/Zeltzer)

120/20 Resolved:

THAT the Questions with Notice be received and noted.

Note: Late correspondence was tabled by Kim Foltz of Vaucluse West Associate (in relation to QWN 17.3 & QWN 17.8).

QWN: 17.1 From: Councillor Robertson Subject: Questions with Notice - Black Lives Matter

Councillor Robertson asking:

In connection with the Black Lives Matter movement I have been heartened by residents inquiring about the history of the Kanaka slave trade and its connection to the Woollahra municipality via Robert Towns:

Robert Towns was the owner of a fleet of schooners which traded in the South Sea Islands looking for kanaka labourers to work in the sugar fields in Queensland. Some of these men had not come willingly. On reaching Sydney they were transhipped to vessels going north but they often had to wait weeks for a ship and these "blackbirds" (the name given to them at the time) were held in camps on Cranbrook grounds on the corner of Victoria and New South Head Road. This spot was almost directly opposite the Aboriginals' camp in Bellevue Hill bush. The natives bitterly resented the intrusion of the Kanakas and many racial battles took place. There is a story that after his death the ghost of Captain Towns appeared to his daughters in Cranbrook (see http://history7.wikifoundry.com/page/Rawson+House- Early+History )

Would Council's local history staff please provide comment on the history of slave trading in this location and any others in the Woollahra municipality, including an outline of relevant sources?

Would staff please confirm whether any place or thing in the Woollahra municipality is named after Robert Towns?

Director Community Services in response:

This response reflects the results of research which could be carried out within the time available to Local History staff in particular, Jane Britten, with the assistance of Council’s Strategic Planning team, in particular Heritage Planner Flavia Scardamaglia who contacted consultant Dr Paul Irish of Coast History, who has also commented.

Local History staff have attempted to demonstrate, through items found in research, the pattern of Town’s methods of labour supply, and more specifically, how that may have related to the local area, as well as to discover what items may commemorate his or his family’s name.

Page 424 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020 1. The history of slave trading in this location and any others in the Woollahra municipality

Robert Towns (1794-1873) - life and career as recorded

A literature search has discovered no single exhaustive or definitive biography on British master mariner and Australian pastoralist and businessman Robert Towns. Following his death in 1873, obituaries appeared for Towns in major Australian newspapers, with syndicated versions appearing in the regional press across many areas. In the first century after his death, Towns’ personal story was at intervals revived in the press, typically under headings alluding to his pioneering status.

In 1976, an entry was prepared for Robert Towns by Dorothy Shineberg as part of the Australian Dictionary of Biography (ADB) project. Shineberg was the author of a well-received study, published in 1967, of the history of the Pacific Island trade, They Came for Sandalwood – praised for its cultural insight into all parties, and for the balanced nature of Shineberg’s historical interpretation. In the absence of an expansive biographical study of Towns, this general summary from the ADB has provided a basis for Local History staff in researching specific aspects of Towns’s life and activities, as relevant to the Questions posed above.

All the biographical items traced in the course of this research (obituaries, newspaper features and Shineberg’s work) are remarkably consistent in the broad outline given of Towns’s life and career, suggesting considerable cross reliance.

Reference to Towns’s various involvement in importing labour was not universally included in all secondary sources traced, but where this appeared in biographies, the coverage unsurprisingly reflected shifting attitudes according to the timing of the writing. To balance this, there have been a number of articles written on Towns which are centred on exploring this aspect of his activity.

Shineberg’s ADB entry for Towns was amended in 2018, with the addition of two updates.

 At the conclusion of the original text, which ended with a statement of Town’s reputation as a ‘hard but a just master’ as the most ‘flattering’ assessment available of Towns as an employer, and one which would have pleased him, the following statement was added:

o In the 21st century, a statue of Towns in Townsville’s main street attracted attention from descendants of Melanesian labourers wishing to draw attention to 19th century ‘blackbirding’.

 To a paragraph in Shineberg’s biographical entry which covered (in restrained terms) Town’s interests in attracting immigrant or indentured labour, an update to the subject was added, referring to the use in 1869 of Town’s schooner, the Melanie, in pearling activity off the Western Australian coast,

o ‘at a time when Aboriginal labourers were often forcibly impressed to do the diving work involved’

The additional text then continuing with the statement that,

o the vessel is thought to have reached the pearling grounds by way of the Kimberley coast, where kidnapping of Aboriginal people had been reported.

Page 425 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020 However, the additional text avoids clarification of Towns’s role in the venture cited; nor does it explicitly claim that kidnapping formed a part of the expedition involving the Melanie, and offers no sources.

The current version of the entry for Robert Towns in the Australian Dictionary of Biography has been added as an Appendix at the foot of this response.

The main events of Towns’s life which provide useful background to the current question, and which are drawn from Shineberg’s biography, are in summary that Towns :

 was born in 1794 in Long Horsley, Northumberland, England;  was apprenticed at an early age to the master of a collier operating out of North Shiels;  was serving as the ‘mate’ of a vessel by age 17 and in command of a brig in the Mediterranean trade by age 19, having studied to achieve the necessary accreditation;  first sailed to Sydney in 1827 on the Bona Vista;  raised sufficient funds to commission the building of his own ship, The Brothers, which he brought out to Australia in 1832, later that decade purchasing the Royal Saxon;  from 1832 to 1842 made voyages to Australia almost annually;  in 1833, married Sophia Wentworth, daughter of D’Arcy Wentworth and Mary Ann Laws - presumably influencing his initial settlement in Sydney;  in 1843, arrived in Sydney to settle permanently and act as the mercantile agent of the London firm Robert Brooks & Co., but with the ambition of investing any means I have in small vessels for the Colonial Trade';  in 1844, embarked upon trade in the South Pacific, acquiring in that year a wharf at Miller’s Point and the first of many vessels for use in this enterprise,  over the 1850s established holdings for depots and trading stations on various Pacific island locations;  in the 1860s, took up residence at Cranbrook in Bellevue Hill in ‘retirement’- but in fact began an aggressive expansion of holdings in Queensland to support his scheme for cotton growing;  died at Cranbrook in 1873.

The above points provide a narrow view, excluding, for example, Towns’s interests in whaling, his parliamentary career, his role in colonial banking history, and other aspects of his personal and public life.

Even in his lifetime, public assessment of Towns’s character was deeply divided and most biographical writing limits Towns’s virtues to energy, industriousness, enterprise and thrift.

Robert Towns’s approach to labour supply

It can be readily demonstrated from a variety of sources that strategies for minimising labour costs were applied to all Towns’s projects and operations, and that this goal was a pervasive part of his business philosophy. Whether this thinking emerged in his earlier shipping career has not been explored, but it is perhaps notable that Towns settled in Sydney as the era of free convict labour was drawing to a close in New South Wales,(i) and that in the following decade he was further affected by the labour shortages which followed the discovery of Australian gold. At the same time, the severe world-wide depression of the 1840s, while discouraging mercantile activity, nevertheless allowed employers to make use of a widespread oversupply of labour.

Page 426 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020 Incidents reported in Australian newspapers provide evidence across decades of the various schemes devised by Robert Towns to secure labour for the least outlay. Three examples from the 1840s follow, involving labour sourced from Britain, from India and (potentially) from China:  In 1843 – the year he decided to settle in New South Wales – Towns both brought immigrants from Scotland, Ireland and Wales to Sydney on his shipping line (ii) and later offered the same or similar immigrants clearing leases on land in which he had a interest (discussed further below) (iii)  In April 1846, an inquest was held into the death at Towns’s wharf of Baroo, brought from India on the Orwell, under circumstances which were found to contribute to his death;(iv)  In an action brought by Towns in the same month as Baroo’s death, relating to Indian workers who had withdrawn their labour, testimony revealed that the men claimed to have no clear understanding of the terms of their contract. The case was dismissed. It also revealed that Towns had acted not only to supply labour for his own activities but also for William Charles Wentworth (his wife’s half- brother) and ‘Mr Campbell, Tertius’ – possibly the son of Robert Campbell ‘of the wharf’;(v)  In January 1847, Ker Rawson & Co of Singapore wrote through the pages of the Sydney Morning Herald in response to the enquiries of Robert Towns regarding not only the availability of various commodities, but also regarding the possibility of his bringing Chinese labourers to New South Wales;(vi)

Of the example cited above from 1843, any analysis of this incident is made complex by the involvement of Caroline Chisholm – a philanthropist whose intentions, in terms of selflessness, would seem to be beyond reproach.(vii) The work involved was the clearing of land on the late D’Arcy Wentworth’s Peterborough estate, in which Towns’s wife Sophia held a partial interest by legacy. In late 1843, Towns collaborated with Chisholm to offer clearing leases on the estate (which was situated in the Illawarra) and some 23 immigrant families were transported south to settle and work.

Chisholm’s intention was undoubtedly to provide relief for some of the waves of immigrants arriving from desperate situations to a Sydney which was ill-prepared to accept them.(viii) For Towns, this exercise could have represented a means of readying land on his wife’s property for agricultural purposes and avoiding the labour costs. It is possible that Towns’s collaboration with Chisholm was also motivated by philanthropy. He is said to have met the steamer carrying the new tenant farmers, spruiking work on the estate for carpenters and other tradesmen.(ix) The arrangement appears to have attracted little if any criticism – and was not dissimilar to arrangements on the Cooper family’s Point Piper and Waterloo estates, or Alexander Berry’s on the Shoalhaven. However, given Towns’s Royal Saxon had brought a group of immigrants from England, Scotland and Ireland earlier in the same year as 520 steerage passengers,(x) he was both a contributor to the shortages of accommodation and saturated labour market in Sydney, as well as a beneficiary.

Town’s interest in bringing men and boys from the ‘South Sea islands’ as labourers was openly reported in the 1860s (xi) and also came under official scrutiny in his lifetime.(xii) There seems little doubt that Towns, at the least, profited by this exercise.

Robert Towns at Cranbrook

Robert Towns in the 1860s, ‘retired’ to Cranbrook in Bellevue Hill where he lived until his death in 1873, but in fact began acquisition on a large scale of holdings in the Logan River district in Queensland to support his interest in cotton growing. As the unnamed financial backer of a company formed by John Melton Black, Towns was a key but silent part of the formation of the port and settlement eventually styled as Townsville.

Page 427 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020 The article quoted in preface to Question 1 (above) – copied from a website which relates the history of Cranbrook School’s Rawson House - relates to this period of Towns’s life and career, and states that Towns held foreign workers bound for his Queensland cotton plantation at Cranbrook until shipping was available to take them north. The Rawson House history then comments that the presence of these men was a subject of concern to local aboriginal people living in Bellevue Hill, and a source of conflict.

From the literature so far found, it would seem there was no doubt that Robert Towns used indentured labour, sourced from a number of Pacific locations, on his plantations in Queensland during the same years that he maintained Cranbrook in Bellevue Hill as his Sydney residence (c1863 - 1873). However, the question of local concern is whether these men were held locally, and their relationship with local aboriginal population. Evidence has been found in the incidents cited above that Towns had earlier held foreign workers at his Sydney base in Millers Point; however entries in the Sands Directory shows that this locality was not only the setting for Towns’s private residence Moorecliffe Lodge in Victoria Terrace, but also for his wharf and the offices and depot related to his shipping interests. There has so far been no evidence collected that Towns used Cranbrook as an active business base.

A search of the available literature suggests that the story of Towns holding ‘kanakas’ at Cranbrook surfaced in ‘recent’ times in 1999, in the publication Pictorial history of the Eastern suburbs, one of 31 books covering Sydney’s suburbs and regional towns, published in the ‘Kingsclear Pictorial History’ series. The eastern suburbs publication was edited by Joan Lawrence and Alan Sharpe, who had each produced a number of the titles in this series.

On page 29 of the Pictorial history of the Eastern suburbs, in a segment headed “‘Kanakas’ at Cranbrook”, the following is stated:

Captain Towns who resided at Cranbrook was the owner of a fleet of schooners which traded to the South Sea Islands in search of indentured kanaka labourers to work on Queensland sugar plantations. On reaching Sydney his cargo of blackbirds was transferred to vessels going north. Sometimes his living freight had to wait weeks for a ship. They were then placed in camps at Cranbrook grounds at the corner of Victoria Street [sic] and South Head Road. This spot was almost directly opposite the aboriginal’s camp in Bellevue Hill bush. The natives bitterly resented the intrusion of the kanakas and many racial battles took place. (Pictorial history of the Eastern suburbs p. 29)

This paragraph in turn was based on a cited newspaper item, published in 1930 in the Sydney Morning Herald, 15 February 1930 [p. 13]. The article, headlined ‘Sixty years ago – transformation of Sydney,’ sets out to describe the 1930s suburbs of Bellevue Hill, Darling Point, Double Bay and Rose Bay at a period sixty years earlier. The author, a W H East, appears to write entirely from personal recollection – sometimes devolving directly into the first person, as when he recalls watching aboriginal men fishing with three-pronged spears in the vicinity of Point Piper, and watching the funeral procession of W C Wentworth. He also gives a clue to his local credentials by indicating that he was a chorister at St Marks Darling Point, as a school boy, attending the collegiate school. It would also seem that he had been absent from the locality for some time, acknowledging that it was ‘many years’ since he had seen the ‘beautiful home’ built by John Fairfax, and his references to the tennis courts at Double Bay, as if still in place, suggests he had no knowledge that the former Lawn Tennis Association site had been re-developed for housing in the early 1920s.

Page 428 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020 W H East gives the following description of the Bellevue Hill aboriginal community:

“The aboriginals had two distinct camps in Bellevue Hill bush - one on the side overlooking Edgecliff and Double Bay tennis courts, and the other at the intersection of South Head-Road and Victoria-street.” This is broadly consistent with the account of Glynde Nesta Griffiths in her book Some houses and people of New South Wales (Syd., Ure Smith 1949) source from the papers of the Busby family (resident at Redleaf in the 1860s) that local aboriginal identities, Nancy and Gurrah and their clan, who initially lived on the beachfront below the Redleaf property, moved to what became the Rona property,(xiii) in close proximity to Cranbrook.

The account of W H East then goes on to relate the story of a prank played on the latter ‘camp’ by a resident of the area impersonating a ghost, before going on to supply the information regarding Towns as follows :

Before the "Hookey Walker Ghost" episode happened, the aboriginals had had frequent savage battles with Captain "Bobby" Towns' Island kanakas. Captain Towns who resided at Cranbrook, was the owner of a fleet of schooners which traded to the South Sea Islands in search of indentured kanaka labourers to work on Queensland sugar plantations. On reaching Sydney his cargo of "blackbirds" was transhipped to vessels going north. Sometimes his living freight had to wait weeks for a ship. They were then placed in camps in Cranbrook grounds at the comer of Victoria-street and South Head Road. This spot was almost directly opposite the aboriginals' camp in Bellevue Hill bush. The natives bitterly resented the intrusion of the kanakas, and many racial battles took place. In those days Cranbrook grounds were partly scrub, and surrounded by a dilapidated paling fence. Look at Bellevue Hill to-day and try to vision a typical Australian bush that sheltered a small tribe of aboriginals, who were its only inhabitants, and absolutely loyal to their king Pankey, and his queen Rachael. And here was a sanctuary for every coastal song bird of the Australian bush – and only 60 years ago! It’s an amazing transformation.

Many of the events and observations contained elsewhere in this memoir by W. H. East are well- known facts, or able to be corroborated in literature contemporaneous to the period he is documenting. Dr Paul Irish, when sought for comment, has been able to confirm the association of the aboriginal couple ‘Pankey’ (‘Bankey’ - Johnny Baswick) and Rachael with the area described in East’s memoir, which had eluded Local History staff.

So far, East’s sources for the account of Robert Towns holding groups of plantation workers in the local area have not been discovered, nor his sources for their supposedly hostile relationship with local aboriginal groups. There is no entry on the subject in Council minutes of the period, and nor has newspaper coverage emerged through free-text searching of digitised newspaper databases.

Discussion with Dr Paul Irish indicates that he, too, has never seen supporting evidence for the incidents of ‘racial battle’ suggested by East, and Local History staff and Dr Irish concur in finding it mystifying that a man as concerned to minimise cost and maximise productivity as Robert Towns would bring labourers intended for work on his plantations in Queensland on an unnecessary voyage south to Sydney, and hold them on a private estate without apparent purpose.

Page 429 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020 The question of Pacific Islanders used for domestic labour at Cranbrook

One item found which – while it does not corroborate the finer detail of East’s account – nevertheless supports the principle claim that Towns used or held foreign workers at his Rose Bay property –- is a small report discovered in a Queensland newspaper of November 1865, relating the attempted suicide of a 'Pacific Islander' at Point Piper,(xiv) who is specifically stated to have been ‘in the employment’ of ‘Mr Robert Towns at Rose Bay’.

According to the report, the man – named only as ‘Jack’ - had four days earlier been bitten by a snake while carrying wood, but recovered after being attended to by Towns's gardener, named as Daniel Creighton. According to the report, Jack - claiming variously that he wished to shoot pigeons, or the snake - had eventually convinced 'a coloured man, and a fellow servant', to provide him with a gun. He had then made the attempt on his own life ‘in Sir Daniel Cooper’s bush, about 100 yards from the boundary of Captain Towns’s property.’ The report provides the first proof so far found by Local History staff that Pacific Island workers were based at Cranbrook. The circumstances as reported would seem consistent with Towns employing a small number of foreign workers on a domestic scale – but is also not necessarily at variance with W H East’s reminiscences. An item in the Sydney Mail’s shipping news – under ‘Departures’ - published eight months before the incident detailed above, recorded two named passengers (a Mr Lawrence and a Mrs Barker, who was presumably the wife of the Captain Barker named in command) and ‘1 South Sea Islander’ departing Sydney for the South Sea Islands on the barque Robert Towns – which suggests a possibility that Towns may have employed and rotated domestic labour on his Sydney property, much as he did on the Logan River estates, but on a smaller scale.

2. Would staff please confirm whether any place or thing in the Woollahra municipality is named after Robert Towns

There is a possibility that the name of Towns Road – the roadway which marks the historic southern border of William Charles Wentworth’s Vaucluse property and the later historic boundary between the municipalities of Woollahra and Vaucluse(xviii)- derives from the surname of Robert Towns. This is the interpretation apparently given by James Jervis, who wrote the 1960 centenary history of Woollahra. Jervis adds - without further explanation - the name 'Towns' to a list of road-names which, in his words: 'pay tribute to residents of the area in its earlier years' (Jervis, James The History of Woollahra ... Syd., WMC, 1960 p.124). Unfortunately, no references are given in the centenary history for this statement, but it can be assumed that Robert Towns was the resident referred to, in the absence of other obvious contenders.

While Jervis’s assumption might seem suggestive of a deliberate, official honour to Towns, before accepting this as fact, it should firstly be determined, if possible, whether the road name may not have arisen from a more incidental association - such as Town’s ownership of land in the vicinity of the road. The potential for such a connection is suggested by the appearance of a ‘Towns subdivision’ on a 19th century municipal map in the Woollahra Local History collection, part of the 370-acre portion of William Charles Wentworth’s Vaucluse property (See Figs 2 and 3 below).

The Towns subdivision is also alluded to in a public notice posted by the new Vaucluse Council in August 1895, apropos the first assessment carried out for the new borough – and citing certain allotments of the Towns subdivision with regard to the appeals process (See Fig 6 below).

Page 430 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020 The land to the north and the south of Towns Road was eventually held by Sir John Hay, with the land to the north (that is, the land relating to the history of the Towns subdivision) remaining released for residential development until long after Hay’s 1892 death, and described at that time as an unimproved, un-subdivided landholding of 6 acres 1 rood and 19 perches.(xix) It was not until 1911 that this land was finally developed in consolidation with a similarly sized parcel to its west (See Figs 4 and 5 below), formerly held by Morrice Black of the AMP, and offered for sale as the “Montrose estate.(xx) The names of Hay and Black are commemorated in street names on that estate – but there is evidence that usage of the name Towns Road can be traced to 1880 – if not earlier.(xxi) However the Montrose estate opened up frontages to Towns Road, leading to its first appearance in the Sands Sydney Directory in 1914.

The connection between William Charles Wentworth and Robert Towns created by Town’s marriage to William Charles’s half-sister Sophia, suggests another possible line of enquiry which might be explored regarding the Towns subdivision and its relationship with the name of the roadway. The example related above of Towns’s management of his wife’s interest in the Peterborough estate may have be part of a wider trend in their domestic financial affairs.

It may, however, prove impossible to reach an absolute conclusion on the derivation of this road name, even if a reference to the naming, or a reference to the dedication of the road, can be traced in the minutes of Woollahra Council. Explicit statements on the choice of road names are rare in the minute books, and many roads were named by developers, and the dedication accepted without further commentary recorded.

Reference to Council minutes between 1860 and 1879 has resulted in no information with bearing upon the naming of Towns Road.

Extracts from relevant maps and documents follow below:

Fig 1 Towns subdivision – location approximated as ground between two arrows. Base - WMC Mapping service – extract copied 17 July 2020

Page 431 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020

Fig 2 Extract from map titled ‘re-survey of Vaucluse estate (part)’ [undated] - held SL NSW – Z/SP/V1 – showing land held in the name of ‘D Wentworth.’ Other land shown as part of the Towns subdivision shown in the name of ‘Dalley’.

Fig 3 Extract from a Municipal Map c1889 [with subsequent annotations] showing references to ‘Towns subdivision’ and its proximity to Towns Road – Woollahra Local History Collection

Fig 4 SL NSW - 055 - Z/SP/V1/57 - Plan of Vaucuse Heights estate – showing 1909 subdivision of land apparently part of the Towns subdivision – seemingly later reconfigured as the Montrose estate.

Page 432 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020

Fig 5 SL NSW - 035 - Z/SP/R13/26 - Plan of Montrose Rose Bay – showing 1911 release NB – This map is oriented to the south.

Fig 6 The Sydney Morning Herald 22 August, 1895 p. 1.

Page 433 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020

[i] Order first made in the NSW parliament to cease reception of convicts in 1840, and gradually implements [ii] 'Foreign intelligence', Portland Guardian and Normanby General Advertiser (Vic. : 1842 - 1843; 1854 - 1876), 14 January, 1843 p. 4. [iii] Amazing stories: an exhibition of photographs and amazing stories of the people, places and events unique to Shellharbour City. [exhibition catalogue] Tongarra Museum, [n.d.] pp. 32, 45, 75, 85. [iv] The Sydney Morning Herald, 4 April, 1846 p. 2.; 'Original Correspondence. To the Editors of the Sydney Morning Herald.' 1846, The Sydney Morning Herald 7 April, 1846 p. 3; 1846 'Inquest.', The Sydney Morning Herald 6 April, pp. 2-3. [v] 'Sydney News', The Maitland Mercury and Hunter River General Advertiser, 8 April, 1846 p. 1. [vi] 'Singapore.—Chinese emigration.’ The Sydney Morning Herald 30 January, 1847 p. 2. [vii] Iltis, Judith 'Chisholm, Caroline (1808–1877)', Australian Dictionary of Biography, vol. I, Melb. Univ. Pr., 1966. [viii] "The Labour question."', The Sydney Morning Herald 13 November, 1843 p. 3. [ix] Amazing stories p. 85 [x] 'Foreign intelligence', Portland Guardian and Normanby General Advertiser (Vic. : 1842 - 1843; 1854 - 1876), 14 January, 1843 p. 4. [xi] ‘Brisbane’, The Sydney Morning Herald 2 October, 1866 p. 4 [xii] Queensland. Parliament. Legislative Assembly/Short, Robert The slave trade in the Pacific : a statement on the introduction of Polynesian labour into Queensland, and the operation of the 'Polynesian Labourers Act, 1868' / prepared at the request of the Select Committee of the Legislative Assembly of Queensland, and suppressed by them ; with introductory observations by Robert Short. London : George Levey, printer, 1870. [xiii] Griffiths, G Nesta Some houses and people of New South Wales Syd., Ure Smith 1949 p. 152 [xiv] 'New South Wales.', The Brisbane Courier 24 November, 1865 p. 3. [xviii] The municipality of Vaucluse was extant between 1895 and 1948. [xix] Sydney Morning Herald 5.5.1892 p. 3. [xx] Subdivision plan of the Montrose estate. Original held Mitchell Library, SL NSW. WLHC, AC 160. [xxi] The Sydney Morning Herald 30 October, 1880 p. 13.

Appendix – Amended (current) entry for Robert Towns in the Australian Dictionary of Biography

Towns, Robert (1794–1873) by D. Shineberg

This article was published in Australian Dictionary of Biography, Volume 6, (MUP), 1976

Robert Towns (1794-1873), by unknown artist

Wollongong City Library and the Illawarra Historical Society, P10\P10613 Robert Towns (1794-1873), merchant and entrepreneur, was born on 10 November 1794 in Long Horsley, Northumberland, England, son of Edward Towns and his wife Ann, née Pyle (Ryle). He had little formal education and was apprenticed to the master of a collier out of North Shields. Determined to improve his position in life, he studied navigation at night when his ship was in port. At 17 he became a mate and within two years had command of a brig in the Mediterranean trade. In 1827 he arrived in Sydney in the Bona Vista with a general cargo and in 1832 he brought out his own ship, the Brothers; in 1839 he bought the Royal Saxon. In 1832-42 he made a voyage to Sydney almost every year, each time staying briefly to seek profitable investments and buy property. On 28 December 1833 at St Phillip's church, Sydney Towns married Sophia, the 17-year-old half-sister of William Charles Wentworth, who had arrived in the Brothers that year. Page 434 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020 On 9 March 1843 Towns arrived in the Seahorse via Launceston to settle in Sydney; his wife and son followed in the Royal Saxon in June 1844. He was authorized to represent Robert Brooks & Co., London, in the colony and soon established himself as a mercantile agent. He told Brooks, 'I am thinking of investing any means I have in small vessels for the Colonial Trade', and in 1844 he bought the Elizabeth. He sent her to the New Hebrides for sandalwood and she arrived in China with a full cargo to profit by a rise in prices. That year he bought 'Jones's wharf' and moved to Miller's Point; he worked every day from 6 a.m. to 6 or 7 p.m. — 'as regular as the platipus', he said — for the next twenty years, supervising multifarious enterprises, and sending explosive letters to his captains, agents and business associates all over the world. Towns's ships went to New Caledonia, the Loyalty Islands and the New Hebrides for sandalwood and trepang; by 1850 he had established a depot at the Isle of Pines near New Caledonia, where it was collected, prepared for the market and stored for transport to China. Anxious to reduce competition, from 1856 he combined with Captain James Paddon in a relationship of mutual respect and dislike; they also supplied the new French colony of New Caledonia and brought in settlers. In the 1850s Towns added to his stations in Melanesia and worked the Gilbert and Marshall islands for the collection of coconut-oil and turtle-shell. The high risks prevented insurance of his ships in Sydney and the market was unpredictable at the China ports; but he made his first substantial profits in the island trade and was able to invest them in more certain enterprises. By 1856 he employed ten whalers, though the industry had suffered much from the labour shortage of 'this infernal gold discovery'. He brought out labourers from England, Germany, India and China, and later Asians for other employers; he claimed that he had 'saved Moreton Bay from ruin' with Chinese. Associated with the reorganization of the Bank of New South Wales, Towns was a director in 1850-55 and 1861-67 and its president in 1853-55 and 1866-67. By the 1850s he was a large landholder and his shipping business extended to Europe, the East and India. Agreeing that he had 'too many irons in the fire', by early 1855 he had taken (Sir) Alexander Stuart as a partner under the style of R. Towns & Co. He was a committee-man of the Sydney Chamber of Commerce for many years and president in 1856-57, 1863 and 1865. He was also a director of the Sydney Gold Escort Co. in the 1850s. A magistrate and member of the Pilot Board, he gave evidence to several parliamentary select committees on marine matters and in the 1860s sat on the committee of the Sydney Bethel Union. About 1856 Towns began a feud with W. C. Wentworth over his wife's share of the D'Arcy Wentworth patrimony. In 1858 the Privy Council upheld the Supreme Court's decision that her brother John's estate went to Wentworth, who refused to pay John's debts to Towns out of the disputed estate as Towns had put him to much legal expense. Towns filed a suit in chancery in 1860 on Sophia's original share of D'Arcy's estate. In 1856 he had been one of the first (quinquennial) appointments to the Legislative Council. Towns defended the mercantile interest and was opposed to 'democracy'. On 10 May 1861 he resigned in support of the president Sir William Burton. In 1858-60 he visited England, and in 1859 served on a London committee to help E. C. Merewether negotiate a steam postal service between Sydney and England. He was reappointed to the council in 1863. Towns dismayed Stuart with his expansion of interests, especially in Queensland. One of the subscribers to George Dalrymple's 1859 expedition in the far north, in the 1860s Towns took up land on the Darling Downs, along the Brisbane and Logan rivers and then vast areas in north Queensland. He foreclosed on pastoralists, often retaining them as managers, and leased properties in 'unsettled districts'. By 1867 he held 42 runs, amounting to almost 2000 sq. miles (5180 km²) in the North and South Kennedy districts alone; 94 runs in partnership with Stuart, including over 1200 sq. miles (3108 km²) in the Burke District, and 60 with Stuart and (Sir) Charles Cowper, including nearly 400 sq. miles (1036 km²) in the Warrego District. In England Towns had discussed the prospects of growing cotton. On his return he undertook a project on 1280 acres (518 ha) on the Logan, but believed it would never pay 'with labour at the rate of Colonial Wages'. In May 1861 he gave (Sir) Henry Parkes letters of introduction to English cotton interests, hoping to attract immigrants. In May 1863 Towns sent the schooner Don Juan to get Melanesian labourers; the captain had a letter seeking the co-operation of missionaries. The first shipload of seventy-three islanders arrived in August; many of them had already worked for him in the islands. He had provided contracts for them for up to twelve months, with wages of 10s. a month with food and housing, and a provision that they should be repatriated if they wished. A 133 ton schooner owned by Towns, the Melanie, was also employed in pearling in northern Western Australia waters in 1869, a time when Aboriginal labourers were often forcibly impressed to do the diving work involved. The vessel is thought to have reached the pearling grounds by way of the Kimberley coast, where kidnapping of Aboriginal people had been reported.

Page 435 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020 Towns failed in his bid to get the support of 'the Exeter Hall Mob', but continued to import Melanesians despite an outburst in the press; he printed his instructions to the master of the Don Juan and his letter to the missionaries in his South Sea Island Immigration for Cotton Culture (Sydney, 1863). He failed to form a colony of islanders on his plantations as he could never induce married men to bring their wives. The Queensland Polynesian Labourers Act, 1868, convinced Towns that bureaucratic control had made islanders more expensive to employ than Europeans, although he was not opposed to proper safeguards. In evidence to the royal commission into the alleged kidnapping of natives of the Loyalty Islands in 1869, he advised that recruiting ships should be licensed, with 'a proper official … duly accredited by the Government to prevent any abuses'; his suggestion was incorporated in regulations next year, and proved the most effective of the rules. Towns did not expect immediate gains from the cotton crop, but he hoped to do well by the bounty of £10 per bale payable in Queensland land orders. However, the cotton never made a profit and the bounty only saved the enterprise from ruin. In 1868 the Logan plantation showed a deficit of £5744. At 70 Towns was urged to retire by Stuart, Brooks and other friends. But new enterprises were the stuff of life to him: in 1863 he had justified to Brooks a branch in Dunedin, New Zealand, as 'self-defence … but you will I fear say I am past warning'. In partnership with J. M. Black he took up land on Cleveland Bay, Queensland, in 1865; by mid-year they had a woolstore, wharf and boiling-down works there and owned the adjoining land. Towns soon reported that the 'Government have paid me the compliment to call the town “Townsville”'. Disillusioned with cotton, he now concentrated on Townsville and his Queensland stations, envisaging his own ships carrying his own wool out of his own harbour. With J. G. Macdonald and (Sir) John Robertson Towns also took up and stocked stations on the Gulf of Carpentaria. They founded Burketown on the Albert River in 1865, dreaming of a flourishing port closer to the world markets than those of the older colonies. That year Towns & Co. dispatched the first vessel from Sydney to the Albert, the Jacmel Packet, with a strange cargo of pigs, dogs, fowls, horses, building materials, drays, rations and rum for the founders of Burketown. By mid-1865 Towns had conceded a little to his friends by moving to Cranbrook, Rose Bay, bought from Robert Tooth: he grumbled that 'I suppose I shall [settle] down to it but it is a monster effort'. That year he was elected a member of the Union Club; an early member of the Royal Sydney Yacht Squadron, he owned the Nautilus, the first steam yacht on Sydney Harbour. He continued working his old ships, against the advice of Stuart, who in 1871 grimly reported to Brooks that the firm was 'steadily working down the debt … but it is grinding work'. Towns suffered a stroke in 1870, but recovered and continued in active business. Soon after another stroke he died at Cranbrook on 11 April 1873 and was buried in the Balmain cemetery with Anglican rites, survived by his wife, two sons and three daughters. Leaving personal estate valued for probate at £74,000 he stipulated that his son Robert should be disinherited unless he conducted himself over the next five years 'in a sober reputable proper and becoming manner'. Daughter Sarah was also to lose her inheritance if either she or her children left the Church of England. Towns was the incarnation of the puritan virtues of thrift, sobriety, industry and 'perseverance'. Bluff and peppery, with simple habits, he was respected by all for his honesty, reliability and especially for his energy and his 'never ending speculative spirit'. By many of his employees he was known as a cheese- parer, full of furious criticism for failure but few words of praise for success. 'A hard but a just master' was about the most flattering comment to come from an employee; it was one that would have pleased him. In the 21st century, a statue of Towns in Townsville’s main street attracted attention from descendants of Melanesian labourers wishing to draw attention to 19th century ‘blackbirding’. Select Bibliography .Royal Commission on Alleged Kidnapping of Natives of the Loyalty Islands (Syd, 1869. Microfilm under Misc. Documents ML, and G1819 Roy Navy Aust Station NL) .D. Shineberg, They Came for Sandalwood (Melb, 1967) .Select Committees on Asiatic Labour and the Proposed Nautical School, Votes and Proceedings (Legislative Council, New South Wales), 1854, 2, 1855, 2, 1079 .R. Brooks and Co. papers (State Library of New South Wales) .R. Towns papers, and R. Towns & Co. papers (State Library of New South Wales) .uncatalogued MS 307 (State Library of New South Wales) .manuscript and printed catalogues (State Library of New South Wales). Related Entries in NCB Sites view family tree

.Wentworth, D'Arcy (father-in-law) .Wentworth, Sarah (sister-in-law)

Page 436 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020

.Wentworth, William Charles (brother-in-law) .Fisher, Thomasine (niece by marriage) .Wentworth, Mary Jane (niece by marriage) .Wentworth, Fitzwilliam (nephew by marriage) .Wentworth, D'Arcy Bland (nephew by marriage) Citation details D. Shineberg, 'Towns, Robert (1794–1873)', Australian Dictionary of Biography, National Centre of Biography, Australian National University, http://adb.anu.edu.au/biography/towns-robert-4741/text7873, published first in hardcopy 1976, accessed online 20 July 2020. This article has been amended since its original publication. View Original This article was first published in hardcopy in Australian Dictionary of Biography, Volume 6, (MUP), 1976 View the front pages for Volume 6

Page 437 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020 QWN: 17.2 From: Councillor Robertson Subject: Questions with Notice - Aboriginal Heritage and Development Application Assessment Process

Councillor Robertson asking:

Is there a policy of Council which mandates appropriate consideration of Aboriginal heritage and informs the DA assessment process?

What process does Council's planning staff follow in assessing development applications on land where there is a known history of Aboriginal archaeological remains?

Director Planning & Development in response:

All DAs that are lodged with Council are reviewed on a weekly basis by our internal Development Application Review Committee. The committee is attended by Development Control Team Leaders, Tree Officers, Engineers and Heritage Officers who undertake a preliminary review of applications and check whether the applicant has lodged all documentation required to assess the DA or if additional information needs to be requested via a Stop The Clock letter.

All Aboriginal places and objects are protected under the National Parks and Wildlife Services Act 1974. The Act has, among its objects, the ‘conservation of places, objects and features of significance to Aboriginal people’. Clause 5.10 (1) (d) of the Woollahra Local Environmental Plan 2014 also aims to ‘conserve Aboriginal objects and Aboriginal places of heritage significance’. It is therefore mandatory that Council considers the impact of a proposal over Aboriginal heritage when assessing development applications.

Aboriginal sites are recorded on the Aboriginal Heritage Information Management System (AHIMS) register. The AHIMS is maintained by Heritage NSW as an online database of recorded Aboriginal places and objects, referred to as Aboriginal sites, in NSW.

All DAs lodged with Woollahra Council are checked for potential impact over registered and unregistered Aboriginal sites by our heritage officers prior to the Development Application Review Committee. The process follows the guidelines titled “Due Diligence Code of Practice for the Protection of Aboriginal Objects in New South Wales” developed by the NSW Department of Environment, Climate Change and Water in September 2010. The AHIMS database is researched to check if a registered site is on the subject land. Some areas may have Aboriginal cultural sensitivity due to having some specific landforms, and/or may not have been recorded in AHIMS. According to the type of development proposal, an Aboriginal Assessment may be required by Applicants, including consultation with the La Perouse Local Aboriginal Land Council. Once the Applicant has submitted all reports and satisfied all documentation requirements the proposal is then assessed by a heritage officer and other referral bodies.

Also, Council is currently undertaking an Aboriginal Heritage Study and has engaged Paul Irish of Coast History & Heritage to undertake it. The principal objectives of this study are to identify areas with Aboriginal cultural heritage sensitivity, research Aboriginal cultural heritage in the Woollahra LGA and provide Council with a recommended strategy to manage Aboriginal sites. This will influence management of future development in the LGA and promote greater awareness of local Aboriginal heritage in the community and across Council in a culturally appropriate manner.

Page 438 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020

QWN: 17.3 From: Councillor Regan Subject: Questions with Notice - New Complying Development Code for Medium Density Housing

Councillor Regan asking:

I refer to the recent announcement by Minister Stokes that the new complying development code for medium density housing will take effect on 1 July 2020:

https://legislation.nsw.gov.au/EPIs/2020-331.pdf

Woollahra Municipal Council had requested a deferral of the operational of this code until it could review and amend its planning provisions. Two planning proposals requesting amendment to our LEP in response to the code have been put to the Department of Planning, Industry and Environment:

1. Minimum lot size of 800m2 for dual occupancy development - submitted on 12 March 2020

2. Minimum lot size of 700m2 for manor house development - submitted on 16 May 2020

Minister Stokes has stated that he is tired of Councils delaying operation of the code and that they have had plenty of time to look at their planning instruments to make necessary changes:

https://www.smh.com.au/national/nsw/frustrated-minister-says-no-more-delays-as-housing-plan- rolls-out-20200615-p552sg.html

However, Woollahra Municipal Council’s planning proposals were submitted before 1 July 2020 and have not been dealt with by the Department.

Can you advise whether Woollahra Municipal Council has written to the Department requesting an extension of the operation of this code until its planning proposals referred to above are dealt with? Could you please provide us with a copy of this letter of request and provide an update as to the Department’s response to the issues raised?

Director Planning & Development in response:

Council has submitted two planning proposals in response to the introduction of the Low Rise Medium Density Housing Code (now called the Housing Diversity Code):

1. Minimum lot size of 800m2 for dual occupancy development

Since the planning proposal was submitted to the Department of Planning Industry and Environment (DPIE) on 12 March 2020, we have made numerous submissions chasing progress to facilitate its implementation prior to 1 July 2020. Staff have been frustrated by the process. Had the DPIE assessed this planning proposal in a timely manner, it could have been on exhibition by the time the Code commenced.

Page 439 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020 A detailed chronology is below:

 12 March 2020 Planning Proposal submitted to the DPIE  27 May 2020 Chased DPIE for progress  28 May 2020 DPIE informed us they were investigating the matter  10 June 2020 Chased DPIE for progress DPIE advised the gateway determination would be addressed urgently  25 June 2020 The DPIE placed the planning proposal on their online tracker (the first step to acknowledge the assessment)  1 June 2020 Low Rise Housing Diversity Code commenced across the State (with no further deferrals exemptions).  16 July 2020 Chased DPIE for progress DPIE advised they have undertaken a preliminary assessment, and have identified some issues to be discussed Letter submitted to the DPIE, which included a request to update Council on this planning proposal which should be considered a priority.  20 July 2020 DPIE reiterated they have undertaken a preliminary assessment, and have identified some issues to be discussed.

It is particularly disappointing that only recently has the DPIE identified there are outstanding issues and we do not know if and when a gateway determination will be issued.

2. Minimum lot size of 700m2 for manor house development

This planning proposal was submitted on 16 May 2019. Subsequently the DPIE advised that the planning proposal could not be progressed until the Code commenced. Council staff have chased this matter on multiple occasions.

On 1 July 2020 the Code commenced for the Woollahra LGA and in response to our planning proposal its commencement coincided with an amendment to Clause 4.1A of Woollahra LEP 2014. The amendment introduced a 700 m2 minimum lot size for manor houses and multi dwelling housing (terraces) making the subject planning proposal redundant. This amendment had been discussed with Council staff prior to its commencement.

On 16 July 2020 we wrote to DPIE confirming that in light of the amendment to the Woollahra LEP 2014, this planning proposal is redundant and can be withdrawn.

Page 440 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020

Page 441 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020 QWN: 17.4 From: Councillor Price Subject: Questions with Notice - Sydney Grammar School’s Weigall Sports Complex

Councillor Price asking:

I refer to Sydney Grammar School’s Weigall Sports Complex proposed development at Nield Ave, Paddington (the Weigall Development). Can the Director please confirm:

A. If Council’s current assessment of the Development Application for White City will take into consideration the cumulative impacts of the proposed Weigall Development?

B. If representatives of the Weigall Development have consulted with Council and if so, the details of that consultation and what (if any) issues have been raised by Council.

Director Planning & Development in response:

A. If Council’s current assessment of the Development Application for White City will take into consideration the cumulative impacts of the proposed Weigall Development?

Section 4.15 of the Act, outlines matters that must be considered in the assessment of a development application. Relevantly, 4.15(1) states that the consent authority must take into consideration the following matters:

(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,

This provision requires consideration of the development that is under assessment, rather than the cumulative impact of any other development within the locality. There is case law, however, that requires consideration of cumulative impacts in circumstances where there are other approved developments within the area (Refer to Friends of Tumblebee Incorporated v ATB Morton Pty Limited (No 2) [2016] NSWLEC 16).

Since the Weigall Sports Complex Development is not an approved development the assessment of the Development Application for White City will not take into consideration the cumulative impacts of the proposed Weigall Development. However, the applicant for the White City development has advised Council that their amended traffic plan which is currently being finalised and which will be submitted to Council shortly (see Q3 below) will consider the cumulative impact of both the White City and Weigall proposed developments on the local road network.

B. If representatives of the Weigall Development have consulted with Council and if so, the details of that consultation and what (if any) issues have been raised by Council.

Provided below is a brief chronology which sets out the process for the Weigall Development, the extent of consultation between the Applicant’s representative and Council’s issues expressed to the DPIE:

1. There is no current application before the Council for the redevelopment of the Weigall Playing fields.

Page 442 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020 2. Council is aware of a pending application to construct a new sports complex which will include demolition of a small pavilion and the tennis courts at the southern end of the site and construction of a new 3 to 4 storey building accommodating a 25m pool, multi-purpose hall and other flexible spaces.

More detailed information about the proposal on the Major Projects website, including concept plans from this link. https://www.planningportal.nsw.gov.au/major-projects/project/26741

3. State Significant Development (SSD) is identified in State Environmental Planning Policy (State and Regional Development) 2011. Development involving alterations or additions to an existing school and which has a capital investment value of more than $20m is State Significant Development.

Prior to lodging a development application (DA) for a SSD project, the applicant must consult with the Department of Planning, Industry and Environment (DPIE). Following consultation, the Planning Secretary will issue the secretary’s environmental assessment requirements (SEARs) for the project. The SEARs will identify the information that must be included in the Environmental Impact Statement (EIS) for the project and the community engagement that must be undertaken.

On 14 January 2020, the DPIE wrote to Council advising that it had received a request for SEARs for this site. The DPIE asked Council to provide input into the SEARs by Monday 27 January 2020.

On 16 January 2020, a meeting between Council staff (Acting Manager DC – George Fotis and other key internal officers) and the representatives (architects and planning consultant) of the Weigall Development was held to discuss the SEARs and for Council to provide any feedback. The SEARs was also formally referred to our internal referral officers for comment.

On 23 and 24 January 2020, advice from Council was provided to the Department on its draft SEARs. The advice provided to the Department principally highlighted the information and supporting documentation that must be included in the Environmental Impact Statement (EIS) for the project and that community engagement must be undertaken.

The DPIE issued a SEARs on 5 February 2020. A SEARs has a 2 year lifespan.

On 20 May 2020, Council’s Director of Planning and Development, Allan Coker also provided feedback to the Department on the proposed scheme . This feedback related to ensuring that that the development of this site facilitates public access through the site and, in particular, will not impede the Council’s vision for the implementation of the Paddington Greenway project.

4. On 8 May 2020, the applicant submitted a revised SEARs request.

5. On 20 and 21 July 2020, Council’s Acting Manager – Strategic Planning, Ms Anne White liaised with the DPIE and was advised that the Department will not be consulting with Council on the revised SEARs request as the original SEARs covered all relevant issues.

6. The figure below illustrates the main steps in the assessment process:

Page 443 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020

7. The next step in the process is for the applicant to prepare an EIS, in accordance with the SEARs. It is anticipated that the Independent Planning Commission will, most likely, be the consent authority. Council will be consulted again as part of that process.

8. The public exhibition will be for 28 days. Council will be consulted again as part of that process, with the exhibition documents being placed on the planning portal.

Page 444 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020 QWN: 17.5 From: Councillor Price Subject: Questions with Notice - Development Application for White City

Councillor Price asking:

I refer to the Development Application for White City. Can the Director please provide an update on:

A. The Class 1 Appeal filed in the Land and Environment Court on 27 February 2020 by the Hakaoh Club Pty; and B. Council’s Assessment Report and the likely date of the Panel hearing.

Director Planning & Development in response:

A. The Class 1 Appeal filed in the Land and Environment Court on 27 February 2020 by the Hakaoh Club Pty; and

Council’s Statement of Facts and Contentions (SOFAC) was finalised on 26 May 2020 and subsequently filed with the Court. The SOFAC included the following contentions: - Inadequate landscaping and replacement tree plantings - On-Site Parking and Vehicle Accommodation - Construction Management Plan - Acid Sulfate Soils - Site Contamination and Remediation - Inconsistency (the approval of the DA would be inconsistent with the Concept DA) - Public Interest - Insufficient information

The matter was initially listed for hearing on 2-5 November 2020. On 26 June 2020, the Applicant filed a Notice of Motion with the Court to vacate the hearing date(s). On 2 July 2020, the Court made an Order vacating the hearing date(s) and set down the proceedings for a Section 34 Conference on 2 November 2020.

It is also important to note Section 8.15(4) of the EPA Act 1979 (introduced on 1 March 2018) which reads as follows:

If the determination or decision appealed against under this Division was made by a Sydney district or regional planning panel or a local planning panel, the council for the area concerned is to be the respondent to the appeal but is subject to the control and direction of the panel in connection with the conduct of the appeal. The council is to give notice of the appeal to the panel.

Based on the above clause, the Sydney Eastern City Planning Panel (SECPP) has control and direction of the Appeal, although Council is managing the day to day handling of the Appeal.

B. Council’s Assessment Report and the likely date of the Panel hearing.

Council’s Planning Officer is still undertaking his assessment and preparing a planning assessment report which will be vetted by both Council’s Planning Team Leader and Manager - Development Control prior to being forwarded to the Sydney Eastern Planning Panel (SECPP).

Page 445 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020 In terms of the current assessment status, meetings were held between the applicant and Council staff on 12 June 2020 and 1 July 2020 to discuss landscaping and tree issues, and traffic issues respectively. As a consequence of these meetings: - The applicant provided additional information/documentation on 16 June 2020 to address the landscaping/trees issues and which has subsequently been referred to the relevant internal Council departments for comment. - The applicant is currently preparing additional documentation/information in order to respond to the traffic concerns raised by Council. When this information is provided to Council, it will be referred to Council’s Traffic Engineer for comment.

At this stage, Council’s Planning Officer has not formed a likely recommendation of the DA.

Council has been directed by the DPIE to file their planning assessment report (including its recommendation) with the SECPP by 20 August 2020. The SECPP meeting date has been set on 3 September 2020.

QWN: 17.6 From: Councillor Price Subject: Questions with Notice - 28-34 Cross Street, Double Bay

Councillor Price asking:

I refer to the Appeal from the Judgment in the Land and Environment Court of 12 March 2020, concerning 28-34 Cross Street, Double Bay. Can the Director please provide an update on the Appeal and the likely timing of the hearing of the matter?

Director Planning & Development in response:

Provided below is an update which includes a brief report on the hearing (provided by Council’s solicitor, Stuart Simington): - The hearing for the s56A appeal occurred on Tuesday 14 July 2020, before Preston CJ - Jason Lazarus SC appeared for Council - Adrian Galasso SC appeared for SJD DB2 Pty Ltd - One of the primary submissions amongst the other issues raised by Mr Lazarus was that the Woollahra Local Environmental Plan 2014 (LEP) contemplates, at least in concept, a fixed ‘desired future character’ which cannot be changed by reference to existing approvals in the immediate context of a site. In that respect, the clause 4.6 written request submitted with the development application has not addressed a key matter, being that the exceedances to the height and FSR development standards are consistent with the objectives of the particular standard. Both the objectives of the height and FSR standards require consistency or compatibility with the ‘desired future character’, which we argued was already set in stone, and is not referable to existing approvals. - His Honour commented that he did not think that the Development Control Plan (DCP) added much to the meaning of ‘desired future character’. The DCP cannot rise above the LEP to change the fundamentals of what is required in the LEP. This may indicate that His Honour was inclined to accept that the DCP does not change the ‘desired future character’, and by extension that the ‘desired future character’ does not change by reference to existing developments. - His Honour reserved his judgment. When the judgement is handed down, Council will inform all the Councillors of the decision and also provide a copy of the judgment.

Page 446 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020

QWN: 17.7 From: Councillor Price Subject: Questions with Notice - Policy in Respect to Grants Funded by the Department

Councillor Price asking:

I refer to:

A. the Mayoral Minute of 22 June 2020 concerning the allocation of funds available under the Commonwealth Department of Infrastructure, Transport and Regional Development’s (the Department) Local Roads and Community Infrastructure Program to fund suicide prevention infrastructure at Gap Park; and

B. the memorandum of 12 May 2020 to all Councillors concerning solar bollard lighting installation along the Coastal Walk Pathway - also funded by the Department.

Can the Director please outline Council’s Policy in respect to grants funded by the Department and in particular, the processes followed including (but not limited to):

i how such funding is notified to Council staff; ii how Council’s staff decides whether to either apply for such funding and/or accept such funding; iii whether the decision to either apply for such funding and/or accept such funding is a matter for Council resolution; and iv how the grants are reported and approved in Council’s Capital Works budgets.

Director Technical Service in response:

Can the Director please outline Council’s Policy in respect to grants funded by the Department and in particular, the processes followed including (but not limited to)?

Council does not have a policy in respect of grants funded under the Commonwealth Department of Infrastructure, Transport and Regional Development. It is noted that funding from the Federal Department is relatively infrequent and that processes vary depending on the grant program. Council, as a receiver of funds, necessarily follows processes laid down by the Department as the funding body.

i how such funding is notified to Council staff;

Formal notification of funding under grant programs administered by the Department of Infrastructure, Transport and Regional Development is through written communication from the relevant Minister to the Mayor. In the case of the recent funding under the Local Roads and Community Infrastructure Program (LRCIP), notification was initially in the form of an email to the Mayor from the local member, followed by a further email from Deputy Prime Minister, Michael McCormack as the responsible Minister. In the case of the funding for the solar bollard lighting, which was funded under the Community Development Grants Programme (CDG), Council was notified of funding via a letter to the Mayor from the Deputy Prime Minister. In each case, there followed a series of written communications between Council staff and representatives of the Department.

Page 447 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020 ii how Council’s staff decides whether to either apply for such funding and/or accept such funding;

Again, the process followed by Council staff varies depending on the nature of the program and the requirements of the Department. As outlined in the fact sheet attached to the Mayoral Minute of 22 June 2020, the LRCIP program did not require an application for funding. All Councils across Australia were provided an allocation of funds and Councils were required only to demonstrate that identified works were consistent with the program guidelines and were additional to the adopted budget. In the case of the funding for the bollard lighting, Council staff were made aware that funding may be available and developed and identified a suitable project that was not already in the adopted budget.

As with all potential sources of grant funding, whether it be State Government, Federal Government or any other source, Council staff review the funding program and decide whether Council has a suitable project that meets the program guidelines and is likely to attract funding. A recommendation is then made to the relevant Director who signs off on the application.

iii whether the decision to either apply for such funding and/or accept such funding is a matter for Council resolution; and

A decision to apply for or accept grant funding does not require a Council resolution. Council staff apply for a great many grants in any given year and it is noted that turnaround times and deadlines are often very short. Further, the work involved in preparing grant applications can be extensive and time consuming. It is essential that staff retain a high degree of agility in these processes in order to maximise our chances of success. A requirement to seek Council endorsement prior to submitting or accepting a grant would be counter-productive.

iv how the grants are reported and approved in Council’s Capital Works budgets.

Where a project is funded via a grant from the Australian Government, this is noted in the project update included in the Capital Works Program - Quarterly Projects Report. For example, the following extract from the September 2019 Quarterly Report shows the reporting on the bollard lighting project.

Page 448 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020

QWN: 17.8 From: Councillor Regan Subject: Questions with Notice - Non-complying developments

Councillor Regan asking:

Could you please advise as to the number of non-complying developments that Council planning staff have recommended for approval over the period from 1 January 2019 to the present that involve non-compliance of 10% or more with Woollahra Municipal Council current development controls, specifically in respect of:

FSR, height, set back and deep soil landscaping non compliance

Director Planning & Development in response:

During the period 1 January 2019 to 30 June 2020 staff recommended approval of 60 applications that involved a non-compliance of more than 10% with our height development standard and 20 applications that involved a non-compliance of more than 10% with our FSR development standard.

We do not keep a register of non-compliances with DCP controls such as set back and deep soil landscaping. To provide this information staff will have to extract the information manually from about 1,300 applications.

QWN: 17.9 From: Deputy Mayor Shields Subject: Questions with Notice - Code of Conduct

Councillor Shields asking:

Could the General Manager please detail which provision/s of the Council adopted Code of Conduct deal with the use of inappropriate language by a Councillor in a public forum and further to this, if a Councillor has breached such provisions of the Code of Conduct by using inappropriate language in a public forum, what remedies are available to Council to ensure this does not occur in the future?

General Manager in response:

Whilst there are provisions in Council’s adopted Code of Conduct that deal with alleged breaches of the Code (refer to the information provided below), the lodging of a Code of Conduct complaint should ideally be seen as a last resort for dealing with inappropriate behaviours.

The relevant provision/s of Council’s adopted Code of Conduct that may apply to the use of inappropriate language by a Councillor are as follows, noting that the relevant parts of the various clauses are shaded in grey for ease of identification:

Page 449 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020 Section 1: Introduction

Councillors, administrators, members of staff of Councils, delegates of Councils, (including members of Council committees that are delegates of a Council) and any other person a Council’s adopted code of conduct applies to, must comply with the applicable provisions of their Council’s code of conduct. It is the personal responsibility of Council officials to comply with the standards in the code and to regularly review their personal circumstances and conduct with this in mind.

Failure by a Councillor to comply with the standards of conduct prescribed under this code constitutes misconduct for the purposes of the Local Government Act (LGA).

Section 3: General Conduct Obligations

General Conduct

3.1: You must not conduct yourself in a manner that:

a) is likely to bring the Council or other Council officials into disrepute b) is contrary to statutory requirements or the Council’s administrative requirements or policies c) is improper or unethical d) is an abuse of power e) causes, comprises or involves intimidation or verbal abuse f) involves the misuse of your position to obtain a private benefit g) constitutes harassment or bullying behaviour under this code, or is unlawfully discriminatory.

3.3: You must treat others with respect at all times.

Section 7: Relationships between Council Officials

Obligations during meetings

Clause 7.6: You must act in accordance with Council’s Code of Meeting Practice and the Local Government (General Regulation 2005) during Council and/or Committee Meetings.

Clause 7.7: You must show respect to the Chair, other Council officials and any members of the public present during Council and/or Committee Meetings or other formal proceedings of Council.

In relation to what remedies are available to Council to ensure the use of inappropriate language does not occur into the future, as noted earlier in this response, the lodging of a Code of Conduct complaint should ideally be seen as a last resort for dealing with inappropriate behaviours. Having said that there is a formal complaints process that forms part of the Code of Conduct, with information on this process detailed further below.

Page 450 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020 It is also important to note that contained within Council’s Code of Conduct under clause 7.6 is a requirement for Councillors and staff to act in accordance with Council’s Code of Meeting Practice during Council and/or Committee Meetings. If inappropriate language is used in a public forum (such as at a Council meeting or a formal Committee meeting), then an avenue open to Councillors at such meetings is to take a ‘point of order’. As per Clause 15.3 of Council’s adopted Code of Meeting Practice, when a ‘point of order’ is taken, it must be dealt with immediately by the Chairperson. As per Clause 15.3 (6), a ‘point of order’ can relate to insulting or abusive language having been used. If such a point of order is taken, then the Chairperson may request that the person who has allegedly used inappropriate language, to apologise for the use of such language.

If a ‘point of order’ is not taken at the Council or Committee meeting as detailed above and in line with the Council adopted Code of Meeting Practice, then post the public forum, a Code of Conduct complaint could be lodged.

A person can lodge a Code of Conduct complaint if they feel that a Council official has breached the standards of conduct as prescribed by the Code of Conduct. The process for complaints relating to an alleged breach of the Code of Conduct are dealt with in a document titled Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW (the Procedures), which was adopted by Council on 27 March 2019 at the same time the Code of Conduct was adopted.

Rather than reproducing volumes of information here relating to how Code of Conduct complaints are lodged and managed, Councillors are referred to the Procedures document, which can be found at this web link: https://www.woollahra.nsw.gov.au/__data/assets/pdf_file/0020/204509/Procedures_for_the_Adm inistration_of_the_Model_Code_of_Conduct_for_Local_Councils_in_NSW_-_2019.pdf

In general terms, a Code of Conduct complaint is a complaint that shows or tends to show conduct on the part of a council official in connection with their role as a council official or the exercise of their functions as a council official that would constitute a breach of the standards of conduct prescribed under the council’s code of conduct if proven.

A Code of Conduct complaint must be made within three months of the alleged conduct occurring or within three months of the complainant becoming aware of the alleged conduct.

In general terms, all Code of Conduct complaints other than those relating to the General Manager are to be made to the General Manager in writing.

Part 5 of the Procedures document details how Code of Conduct complaints about Councillors are to be managed, in particular Clauses 5.20, 5.22, 5.24, 5.25 and 5.26.

Whilst the General Manager can decide to take no action in relation to Code of Conduct complaints, it is relatively common for a Council’s General Manager, via their delegate (i.e. the Complaints Coordinator) to refer Code of Conduct complaints to an external independent conduct reviewer.

Page 451 Woollahra Municipal Council Ordinary Council Meeting Minutes 27 July 2020 Where it is practicable to do so, the General Manager may seek to resolve Code of Conduct complaints about Councillors (other than those requiring referral to the Office of Local Government under clause 5.20 of the Procedures) by alternative means such as, but not limited to, explanation, counselling, training, mediation, informal discussion, negotiation, a voluntary apology or an undertaking not to repeat the offending behaviour. The resolution of a Code of Conduct complaint under clause 5.24 of the Procedures is not to be taken as a determination that there has been a breach of the Council’s Code of Conduct.

It should be stated that somewhat regardless of whether the General Manager makes a determination on a Code of Conduct complaint or the complaint is referred to an external independent conduct reviewer, any remedies that may be undertaken as the result of a complaint are no guarantee that such behaviours will not take place again, as each individual is responsible for their own behaviours.

Further to the above, whilst Code of Conduct training for Councillors was undertaken as part of the Councillor Induction program in 2017, it should be noted that Management is currently finalising arrangements for all Councillors and the Executive Leadership Team to undergo Code of Conduct refresher training online (using teleconferencing technology), followed by further face-to-face training when possible. This training will be delivered over the next couple months. Further information will be circulated to Councillors separately once arrangements have been finalised.

There being no further business the meeting concluded at 9.02pm.

We certify that the pages numbered 394 to 452 inclusive are the Minutes of the Ordinary Meeting of Woollahra Municipal Council held on 27 July 2020 and confirmed by the Ordinary Meeting of Council on 24 August 2020 as correct.

______General Manager Mayor

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