Council Meeting 17 November 2015 Minutes of Council Meeting held on Tuesday 17 November 2015 Meeting commenced at 6.34pm ACKNOWLEDGEMENT OF COUNTRY BY CHAIRPERSON We meet tonight on the traditional land of the Cadigal people of the Eora nation. I acknowledge the terrible wrongs committed against the Aboriginal peoples of this country and their care of the land over many generations. I celebrate their ongoing survival and achievements in today's society. COUNCILLORS PRESENT Iskandar (Mayor) Tyler (Deputy Mayor) Barbar Brooks Ellsmore Hanna Gardiner Leary Macri Phillips Woods APOLOGIES: Motion: (Iskandar/Barbar) THAT the apologies for Councillor Haylen be noted and leave of absence granted. Motion Carried For Motion: Councillors Barbar, Brooks, Ellsmore, Gardiner, Hanna, Iskandar, Leary, Macri, Phillips, Tyler and Woods Against Motion: Nil DISCLOSURES OF INTERESTS: Item 1: Mayoral Minute: Sydenham to Bankstown Planning Proposal Item 5: Sydenham to Bankstown Urban Renewal Corridor Strategy Councillor Tyler declared a significant, pecuniary conflict of interest in Items 1 and 5 as she acts for 8 property owners within the subject corridor, both in the Carrington Road and Sydenham Station areas. She will leave the Chamber. C1115 Item 1 MAYORAL MINUTE: SYDENHAM TO BANKSTOWN PLANNING PROPOSAL Public speaker: Jessica DArienzo Motion: (Iskandar) THAT Council: 1. expresses concern regarding the scale and reach of proposed urban renewal and insufficient community consultation for the State Government's Sydenham to Bankstown Urban Renewal Corridor Strategy; 2. urgently writes to the Minister for Planning, The Hon. Rob Stokes MP requesting that the exhibition period be extended for a further three months from 6 December 2015 to end February 2016; 3. calls on the Government to release detailed plans as to how necessary school, community, health, local traffic and open space infrastructure will be provided along with all relevant background studies used in the creation of the draft plan; 1 Council Meeting 17 November 2015 4. holds a community meeting in Marrickville Town Hall in the week commencing 23 November to present its submission, raise awareness of the Strategy, facilitate public participation in the draft plans and invite Caroline McNally, Secretary of the Department of Planning (or her nominee), the Mayor, Councillors and community group representatives to speak at this meeting; 5. writes to all affected residents to highlight how their street might change as a result of the draft plans, to advise how to make a submission on the Strategy plans and invite them to the community meeting; 6. calls on the NSW Department of Planning and Environment to produce and disseminate indicative artist's impressions showing the impact of the renewal plans across all streets, clearer and revised zoning maps and ‘typical dwelling’ photographs; and 7. Council officers incorporate feedback from the community meeting in order to strengthen Council’s submission on the strategy. Motion Carried For Motion: Councillors Barbar, Brooks, Ellsmore, Hanna, Iskandar, Leary, Macri, Phillips and Woods Against Motion: Councillor Gardiner Absent: Councillor Tyler C1115 Item 2 14-18 MCGILL STREET, LEWISHAM Public speakers: Ali Hammoud, Aditya Joseph, Daniel Smith and Gihyun Choi Motion: (Leary/Gardiner) A. THAT the development application to demolish existing improvements and construct an 8 storey plus mezzanine level residential flat building containing 72 dwellings which includes 2 dwellings containing home offices on the ground floor level and 4 basement car parking levels with strata subdivision be REFUSED for the following reasons: 1. The development has a floor space ratio of approximately 4.1:1, which is well in excess of the maximum floor space ratio permitted for the site of 2.3:1 under Clause 4.4 of Marrickville Local Environmental Plan 2011; 2. The design of the residential component of the development is inconsistent with State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development (SEPP 65) and the Residential Flat Design Code. In particular, the proposal does not provide adequate apartment sizes, building separation, natural ventilation or solar access resulting in poor internal amenity for future occupants. Consequently, the development is contrary to the following design quality principles in Part 2 of SEPP 65: Principle 1 – Context, Principle 2 – Scale, Principle 3 – Built Form, Principle 4 – Density and Principle 7 – Amenity; 3. The proposal is contrary to planning controls contained within Part 2 of Marrickville Development Control Plan 2011. In particular, Visual and Acoustic Privacy (Part 2.6), Solar Access and Overshadowing (Part 2.7), Social Impact Assessment (Part 2.8), Parking (Part 2.10), Site Facilities and Waste Management (Part 2.21); 4. The development is contrary to the aims, objectives and design parameters under Part 4.2 of Marrickville Development Control Plan 2011 – Multi Dwelling Housing and Residential Flat Buildings, particularly in relation to the provision of dwelling mix; 5. The development is inconsistent with the desired future character and amalgamation pattern envisaged in the planning controls contained within Part 9.45 of MDCP 2011; 2 Council Meeting 17 November 2015 6. The carrying out of the proposed development would result in inappropriate density and is an overdevelopment of land; 7. The current proposal is considered to have poor design quality that lacks appropriate setbacks and articulation which results in excessive bulk and large blank walls; 8. The proposed development does not promote the orderly development of land in accordance with the objectives of the Environmental Planning and Assessment Act 1979; and 9. In view of the above and the public submissions received, approval of the application would not be in the public interest. B. THAT the persons who lodged a submission in respect to the proposal be advised of the Council's determination of the application. Motion Carried For Motion: Councillors Barbar, Brooks, Ellsmore, Gardiner, Hanna, Iskandar, Leary, Macri, Phillips, Tyler and Woods Against Motion: Nil Motion: (Ellsmore/Phillips) THAT Item 3 be deferred to a later stage of the meeting to enable General Counsel to consider a question before providing advice to Councillors. Motion Carried For Motion: Councillors Barbar, Brooks, Ellsmore, Gardiner, Hanna, Iskandar, Leary, Macri, Phillips, Tyler and Woods Against Motion: Nil Motion: (Iskandar/Brooks) THAT Council move into closed session to consider legal advice in relation to Item 3. Motion Carried For Motion: Councillors Barbar, Brooks, Ellsmore, Gardiner, Iskandar, Leary, Macri, Phillips and Woods Against Motion: Nil Absent: Councillors Hanna and Tyler Motion: (Ellsmore/Woods) THAT Council return to open session. Motion Carried For Motion: Councillors Barbar, Brooks, Ellsmore, Gardiner, Iskandar, Leary, Macri, Phillips, Tyler and Woods Against Motion: Nil Absent: Councillor Hanna 3 Council Meeting 17 November 2015 C1115 Item 3 VOLUNTARY PLANNING AGREEMENT - 14 MCGILL STREET, LEWISHAM Motion: (Gardiner/Tyler) THAT should DA201500205 be approved, Council enter into the VPA the subject of this report. Motion Tied For Motion: Councillors Barbar, Gardiner, Iskandar, Tyler and Woods Against Motion: Councillors Brooks, Ellsmore, Leary, Macri and Phillips Absent: Councillor Hanna The Chairperson used his Casting Vote and the Motion was CARRIED. C1115 Item 4 PROGRESSING THE GREENWAY MISSING LINKS - OLD CANTERBURY ROAD TO PARRAMATTA ROAD Motion: (Woods/Barbar) THAT Council: 1. supports the development of concept designs for GreenWay Missing Links F-J (inclusive), in partnership with Ashfield Council; and 2. allocates $27,500 from Section 94 funds for the progression of concept designs. Motion Carried For Motion: Councillors Barbar, Brooks, Ellsmore, Gardiner, Iskandar, Leary, Macri, Phillips, Tyler and Woods Against Motion: Nil Absent: Councillor Hanna C1115 Item 5 SYDENHAM TO BANKSTOWN URBAN RENEWAL CORRIDOR STRATEGY Public speakers: Mark Skelsey, Ben Ehnhuus and Shani Prosser Motion: (Leary/Woods) THAT: 1. the report be received and noted; 2. Council endorses the draft submission at ATTACHMENT 2 and includes any additional issues resolved by Council in the submission, to be lodged with the Department of Planning & Environment; 3. the submission be amended to explicitly refer to the biodiversity corridor and the bandicoot protection zone; 4. all references to Hercules Street be removed from the points of agreement; 5. the following amendments be made to the submission: a) Amendment to the “Summary” section appearing on pages 115-116 of the business paper: 4 Council Meeting 17 November 2015 Page 115 Paragraph 1 - add after the words “Carrington Road Industrial land”: “the renewal of the Old Hospital Site to include a considerable amount of housing”. b) Amendment to the “Infrastructure and Services” section appearing on page 117 of the business paper: Insert an additional two paragraphs (placed second). Add after paragraph finishes with the words “new baseline studies are required”, the following text: "The Strategy has not placed appropriate consideration towards additional infrastructure and services that are relevant to the State Government, or considered the strategic impacts of higher densities on infrastructure and services from a whole-of-government approach. There is no consideration for the increased demand or pressures that will be placed on schools or hospitals from an increase in the population along the rail corridor.