COUNCIL
Meeting No 1448 28 AUGUST 2006 Notice No 10/1448 Notice Date 24 August 2006
Monday 28 August 2006 786
INDEX TO MINUTES Subject Page No.
1. Confirmation of Minutes...... 789 2. Disclosures of Interest...... 789 3. Minutes by the Lord Mayor - 3.1 Carlton & United Breweries Site Chippendale - Update ...... 790 4. Memoranda by the Chief Executive Officer - 4.1 Local Government Association of NSW 2006 Annual Conference - Leura, Blue Mountains - Nomination of Delegates...... 794
4.2 Exhibition: Harry Seidler - A Tribute...... 796
5. Question Time...... 799 6. Matters for Tabling ...... 807 7 REPORT OF THE FINANCE, PROPERTIES AND TENDERS COMMITTEE - 21 AUGUST 2006 ...... 808
7.1 Disclosures of Interest...... 809
7.2 Investments held as at 31 July 2006...... 809
7.3 Quarter 4 Review - Corporate Plan - 2005/06 Financial Review ...... 809
7.4 Sydney Town Hall...... 810
7.5 Expansion of the Street Safety Camera Program...... 811
7.6 Security And Emergency Management...... 811
7.7 Special Signs...... 812
7.8 Tender - Sydney Park Wetland 5 Stage 2 Construction...... 813
7.9 Tender - 2006 - 2008 Sydney New Year's Eve Supply of Barge 813and Tug Hire ...... 813
7.10 Tender - Refurbishment of Levels 4 to 10 (Inclusive), 532-540 George Street, Sydney...... 814
7.11 Amended Lease Proposal - Level 3, Customs House, Sydney Opera Trust ...... 814
8. REPORT OF THE ENVIRONMENT AND HERITAGE COMMITTEE - 21 AUGUST 2006...... 815
8.1 Disclosures of Interest...... 816
8.2 Waste Management in Public Places - (Local Approvals Policy) .... 816
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Subject Page No.
9. REPORT OF THE CULTURAL AND COMMUNITY SERVICES COMMITTEE - 21 AUGUST 2006 ...... 839
9.1 Disclosures of Interest...... 840
9.2 Allocation of Accommodation Grants Program ...... 840
9.3 Sydney Greek Festival Grant 2007...... 840
9.4 Kings Cross Organic Food Market ...... 841
9.5 Buskers Policy Review ...... 841
9.6 Grants and Sponsorships 2006/2007 Additional Allocation...... 853
10. REPORT OF THE PLANNING DEVELOPMENT AND TRANSPORT COMMITTEE - 21 AUGUST 2006 ...... 854
10.1 Disclosures of Interest...... 855
10.2 Development Application: 'Ashton' 102 Elizabeth Bay Road and 11 The Esplanade, Elizabeth Bay ...... 856
10.3 Development Application: 20-28 Chalmers Street Surry Hills (the Metro Goldwyn Mayer Building)...... 857
10.4 Development Application: 12-14 Larkin Street Camperdown ...... 863
10.5 Development Application: 31 Robertson Road, Centennial Park ..... 864
10.6 Development Application: Rose, Shamrock and Thistle Hotel 27-33 Oxford Street, Paddington...... 865
10.7 South Sydney Local Environmental Plan 1998 - Amendment No. 9...... 867
10.8 Draft Urban Design Study Report: Waterloo and Redfern...... 868
10.9 Millers Point and Walsh Bay Heritage Review...... 868
10.10 Rosebery Heritage Assessment Draft Study ...... 869
10.11 Amendment to South Sydney Development Control Plan 1997 - Precinct G: Green Square - Proposed Public Exhibition...... 869
10.12 Draft Heritage Streetscapes Study: Proposed Exhibition ...... 870
10.13 Draft Local Environment Plan and Draft Development Control Plan for Exempt and Complying Development – Proposed Public Exhibition ...... 870
10.14 Selected Heritage Conservation Areas Draft Study 2005 – Report on Submissions ...... 871
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Subject Page No.
10.15 Draft South Sydney Local Environmental Plan 1998 (Amendment No. 17) – Green Square Town Centre ...... 872
10.16 General Business ...... 873
11. Questions on Notice ...... 874 12. Supplementary Answers to Previous Questions...... 875 13. Motions ...... 876
PRESENT
The Right Hon The Lord Mayor Councillor Clover Moore MP (Chair)
Councillors - Phillip Black, Chris Harris, Marcelle Hoff, Robyn Kemmis, The Hon Michael Lee, Shayne Mallard, John McInerney and Tony Pooley.
At the commencement of business at 5.07pm those present were:-
The Lord Mayor, Councillors Black, Harris, Hoff, Kemmis, Mallard, McInerney and Pooley.
Councillor Lee arrived at the meeting of Council at 5.14pm during discussion on Item 3.1.
Councillor Hoff left the meeting of Council at 7.38pm during discussion on Item 10.7 and returned at 7.47pm during discussion on Item 13.1.
Councillor Lee left the meeting of Council at 7.40pm during discussion on Item 10.11 and returned at 7.45pm during discussion on Item 10.15.
The Chief Executive Officer, Director Legal Services, Director Corporate Services, Director City Operations, Director Strategic Planning and Project Development, Director City Projects, Director Services, Director Communications, Acting Director Community Living and Acting Director City Planning were also present.
Opening Prayer
The Lord Mayor opened the meeting with prayer and an acknowledgement of country.
Apology
Noted that leave of absence from meetings of Council had previously been granted to Councillor Verity firth, on an ongoing basis, due to the birth of her baby.
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ITEM 1. CONFIRMATION OF MINUTES
Minutes of the meeting of Council of Monday 7 August 2006.
Moved by Councillor Pooley, seconded by Councillor Kemmis -
That the minutes of the meeting of Council of Monday 7 August 2006, as circulated to Councillors, be confirmed, subject to the following corrections:
Page 666, third line of third paragraph, the words “RTA regional bike group” should be “RTA regional bike route”.
Page 666, last line of third paragraph, the words “the traffic study into the traffic generated by SCEGGS”, should be “the need for a traffic study into the traffic generated by SCEGGS”.
Carried unanimously.
ITEM 2. DISCLOSURES OF INTEREST
No Councillors disclosed any pecuniary or non-pecuniary interests in any matter on the agenda for this meeting of Council.
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ITEM 3.1. CARLTON & UNITED BREWERIES SITE CHIPPENDALE - UPDATE
FILE NO:
MINUTE BY THE LORD MAYOR
To Council:
On 26 June 2006, I provided to Council a Lord Mayoral Minute concerning the Minister for Planning decision to declare the Carlton & United Breweries (CUB) site a major project under Part 3A of the Environment Planning & Assessment Act (Attachment A).
Since then:
• The City has sought legal advice as to whether the Order made by the Minister on 23 June 2006 was valid. This is discussed below.
• On 21 July 2006, the Minister revoked the earlier Order and made a new Order in the same terms, except that a map was attached (Attachment B).
• On 15 August 2006, the expert panel advising the Minister held a public meeting. This is also discussed below.
• The Department of Planning has also published on its website a letter to the Minister dated 5 July 2006 from JBA Planning (acting for the site owner) and a ‘Scoping Paper’ (Attachment C). The Paper’s attachments are not on the website.
• The Minister for Planning has provided no substantive response to the letters I sent him in accordance with the CSPC Resolution of 22 June 2006 and the Council Resolution on 26 June 2006. The Minister’s letters and my further response are at Attachment D.
Public Meeting – Scoping Paper
A CUB meeting on 15 August was organised by the “expert advisory panel” established by the Minister after he took over planning control for the site on 21 June. The City was not formally invited to the meeting.
The public meeting was advised that Fosters, the site owner, had prepared a “Scoping Paper” as the basis for redevelopment and new planning controls on the site. The meeting was also told that Fosters would submit a Concept Plan, which the Department would assess—although there were no publicly available criteria for that assessment.
However, meeting participants report that important material was only presented briefly on screen and the proposal presented by the Panel’s Chair, Chris Johnson of the Department of Planning, was based on material from Fosters. The important Scoping Paper was not presented to the meeting and requests to discuss it were refused.
Summary of Foster’s development proposal
There are many issues needing clarification in the proposal presented to the public meeting and described in the Scoping Paper.
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Floor space
The Scoping Paper proposes 260,000 square metres of floor space (a density of around 4.5:1), comprising 1800 apartments, 97,000 square metres of commercial space and 12,000 square of retail space. As a comparison, this floor space is 80 per cent of the amount proposed for East Darling Harbour, which has a site area four times larger.
By comparison, based on expert advice and extensive consultation, the City and Central Sydney Planning Committee (CSPC) determined that a floor space ratio of 4:1 was at the absolute maximum end of acceptable density, contingent on public benefits and design excellence. The draft planning controls adopted for public exhibition by the CSPC and Council set floor space ratio in the range of 3.5:1 to 4.0:1.
Height
The proposal presented at the public meeting indicated that building heights up to 110 metres were being considered, which is more than three storeys (10%) higher than permissible under the City’s draft LEP for the site. Other towers proposed on the site are also taller than allowed under the draft LEP.
Heritage
The proposal shown at the meeting on 15 August proposes demolition of up to five buildings with heritage significance, destroying the distinctive heritage precinct proposed by Council and the Central Sydney Planing Committee (CSPC) to give the redevelopment real interest and character, consistent with the social and industrial significance of the site.
Open Space
The Scoping Paper proposes a single parcel of park area of 5,000 square metres maximum. The proposed park appears to incorporate land owned by the City of Sydney without the City’s agreement.
Diagrams presented to the public meeting showed no protection for morning sun for the park, which was an important element of the draft planning controls endorsed by Council and the CSPC.
Car parking on site
The Scoping Paper does not state what density of car parking is proposed on the site. However, it includes “retention of some 250 existing car spaces” which appears to be based on an existing public car park operating on the site, which is not an approved use.
Voluntary Planning Agreement
The letter implies that negotiations in respect of the Voluntary Planning Agreement (VPA) are still underway. The basis for the City proposing to enter into a VPA was that the City’s draft planning controls would be made and followed.
That basis for a VPA no longer exists and, since the Minister has taken over planning control at the site, the City has had no discussions with Fosters about a VPA.
The Scoping Paper also proposes ultimate dedication to the City of streets, laneways and shared zones. While included in the previous draft VPA, the City has not been consulted or informed about this current proposal.
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Planning certainty
The letter refers to a “necessary level of flexibility for the more detailed design phase of the project”. It is not clear what is intended, but this raises concern that there could be a further increase in actual FSR after approval of a design concept.
City ‘section 61’ development levy
Clause 8.3 in the Scoping Paper states that Section 61 still applies in relation to development contributions, but it inaccurately states that the “nature and extent of development contributions were matters that were being discussed with the City of Sydney”. The development contribution is 1% of the development cost, and is set under the City of Sydney Act.
Legal Advice
The City has obtained preliminary legal advice on the validity of the Minister’s order. A copy will be circulated on a confidential basis to Councillors.
The advice is preliminary at this stage as there is a limited amount of information available publicly to enable a proper review of whether the Minister’s actions are within power. The preliminary findings of the legal advice can be summarised as follows:
1. The original Order dated 23 June 2006 appeared to be invalid as it did not identify the land to which it applies. This has been rectified by the further Order made on 21 July 2006 with a map attached.
2. An Order under Part 3A must relate to a project, not a site. At the time the Orders were made, there is doubt that a project had been identified with sufficient certainty for the Order to be valid.
3. An order must be made for proper reasons in order to be valid. To date the only reasons available are set out in the Minister’s press release on 21 June. These do not appear to be proper reasons for the project to be determined as a major project under Part 3A.
4. The Minister has apparently appointed an expert advisory panel. The membership of this panel is not consistent with the relevant legislative provisions as it includes an employee of the Department of Planning. In addition, the role of the expert advisory panel is unclear as no documents, other than a press release, have been made available on this issue.
5. Without further relevant documents, if they exist, it is difficult to have any certainty about the prospects of challenging the Minister’s order.
6. Ultimately, as has already occurred, the Minister can keep making fresh orders until they are sufficiently clear and valid so as to overcome being challenged. However, this is hardly a satisfactory process.
7. In relation to the expert advisory panel, it appears they have been appointed prematurely and may be invalidly constituted. A fresh panel could be constituted validly by the Minister.
For all the above reasons, the hasty “calling in” by the Minister has been and will continue to be problematic and has led to greater uncertainty about the future of the site and the timeframe for the development.
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Transparency and accountability continue to be a major concern. The CSPC’s and City’s complex and balanced redevelopment proposal, worked out through extensive planning studies, numerous public forums and negotiations with the site owner, could be compromised.
While the public may be provided with an opportunity to comment on the site owner’s proposal, there is no publicly established process, no established criteria for assessing the proposal, no further public forums, the Minister is not required to take public concerns into account, and there is no recourse for appeal.
RECOMMENDATION
It is resolved that Council work with the local Chippendale community to gain public commitment from the Minister for Planning to:
(A) give full consideration of the findings of the Central Sydney Planning Committee and Council on the CUB site, including the extensive research, heritage studies, public consultation and draft planning controls;
(B) a clear process and timeframe, including public consultation, for assessing Fosters’ proposal to redevelop the CUB site; and
(C) a further public meeting to ensure comprehensive and informed public debate on issues unresolved or unaddressed at the public meeting on 15 August 2006.
COUNCILLOR CLOVER MOORE MP Lord Mayor
Moved by the Chair (the Lord Mayor), seconded by Councillor McInerney -
That the Minute by the Lord Mayor be endorsed and adopted.
Carried unanimously.
Point of Order
During discussion on this matter, Councillor Harris raised a point of order, in that the Chair (the Lord Mayor) had misrepresented him by suggesting he was irresponsible.
Point of Order
At this stage of the meeting, Councillor Lee raised a point of order, in that Councillor Harris should be given the right to speak.
The Chair (the Lord Mayor) overruled Councillor Lee’s point of order, noting that Councillor Harris had in fact been given the opportunity to speak.
The Chair (the Lord Mayor) subsequently noted Councillor Harris’ personal explanation.
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ITEM 4.1. LOCAL GOVERNMENT ASSOCIATION OF NSW 2006 ANNUAL CONFERENCE - LEURA, BLUE MOUNTAINS - NOMINATION OF DELEGATES (SO44317)
MEMORANDUM BY THE CHIEF EXECUTIVE OFFICER
To Council:
SUMMARY
This report seeks Council’s consideration of the nomination of Councillors as delegates to the Local Government Association of NSW Annual Conference to be held at Leura, Blue Mountains, from Saturday 28 October 2006 to Wednesday 1 November 2006.
RECOMMENDATION
It is resolved that:
(A) Council nominate Councillor/s […………………………………………………] as delegates to attend the Local Government Association of New South Wales Annual Conference to be held at Leura, Blue Mountains, from Saturday 28 October 2006 to Wednesday 1 November 2006;
(B) in the event that the nominated delegates are unable to attend, authority be delegated to the Lord Mayor to nominate Councillor(s) as alternate delegate(s); and
(C) all registration, travel, accommodation and other reasonable expenses associated with the attendance of a delegate(s) and any other Councillor who wishes to attend, at the Conference, be met by Council.
BACKGROUND
1. As a member of the Local Government Association, Council is entitled to representation at the Association’s Annual Conference.
2. It is proposed that Council nominate representative(s) to attend the 2006 Annual Conference, should Council wish to be represented at the Conference.
3. In accordance with the Association’s formula based on population, Council is entitled to nominate up to 5 Councillors as voting delegates.
4. Relevant information about the Conference is being forwarded to Councillors.
5. Councillors Harris, Hoff, Mallard, McInerney and Pooley were the appointed City of Sydney delegates at the 2005 NSW Conference in Mudgee.
KEY IMPLICATIONS
6. The Civic Office, Expenses and Facilities Policy provides for Councillors to attend this Annual Conference at Council expense.
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FINANCIAL IMPLICATIONS
7. Funds are available in the 2006/07 Budget – Councillor Support – Domestic Travel, to cover travel expenses and accommodation for Councillors attending this Conference.
8. Expenditure incurred for the 2005 Conference, which 5 Councillors attended, was $7,531.90.
RELEVANT LEGISLATION
9. Local Government Act 1993.
CRITICAL DATES
10. The names of Council’s delegates are to be notified to the Local Government Association of NSW no later than Monday 2 October 2006.
OPTIONS
11. Council has the option of not nominating delegates to attend this Conference.
MONICA BARONE Chief Executive Officer
Leander Klohs, Acting Executive Manager
Moved by Councillor McInerney, seconded by Councillor Pooley -
It is resolved that:
(A) Councillors Black, Harris, Mallard, McInerney and Pooley be nominated as delegates to attend the Local Government Association of New South Wales Annual Conference to be held at Leura, Blue Mountains, from Saturday 28 October 2006 to Wednesday 1 November 2006;
(B) in the event that the nominated delegates are unable to attend, authority be delegated to the Lord Mayor to nominate Councillor(s) as alternate delegate(s); and
(C) all registration, travel, accommodation and other reasonable expenses associated with the attendance of a delegate(s) and any other Councillor who wishes to attend, at the Conference, be met by Council.
Carried unanimously.
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ITEM 4.2. EXHIBITION: HARRY SEIDLER - A TRIBUTE (SO44317)
FILE NO:
MEMORANDUM BY THE CHIEF EXECUTIVE OFFICER
To Council:
Purpose
To report on the recent exhibition Harry Seidler – A Tribute which the City and the Royal Australian Institute of Architects held at Customs House and seek Council endorsement for the exhibition to be used in other locations.
The RAIA would like the exhibition to be available for an event in Brisbane celebrating World Architecture Day on 2 October 2006. Due to the time involved in finalising the protocol and relocating the exhibition, this is presented as a Memorandum from the Chief Executive Officer.
Background
On 20 March 2006, following a minute by the Lord Mayor, Council resolved that an exhibition be provided at Customs House in honour of the late Harry Seidler’s contribution to Sydney, in consultation with his wife Penelope Seidler and in conjunction with the Royal Australian Institute of Architects (RAIA).
An exhibition was held at Customs House from 29 June 2006 to 6 August 2006. That exhibition comprised the following:
• Models provided by Harry Seidler & Associates (HSA), Powerhouse Museum and the City of Sydney (the Ian Thorpe Aquatic Centre).
• Seven scrapbooks from the Seidler family, setting out a chronological history of his works from the late 1940’s to date.
• Four films, compiled from footage provided by the Seidler family, ABC, Historic Houses Trust, Channel 9, Filmworld and Peter Murphy, photographer.
• Photographic prints from Max Dupain & Associates, John Gollings and HSA.
• Graphic panels including images provided by HSA & Max Dupain & Associates.
• Banners in the Customs House atrium and throughout the City, featuring images of Seidler buildings.
• A lecture given by Professor Jennifer Taylor in the Barnet Long Room, with over 200 people in attendance.
In excess of 110,000 people attended the exhibition over the five week period.
The City gratefully acknowledges that the exhibition could not have been brought together without the invaluable contribution of all parties involved, including:
• Penelope & Polly Seidler
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• The Royal Australian Institute of Architects • The curator, Jacqueline Urford of HBO & EMTB (provided by RAIA) • The exhibition designers – Freeman Ryan • Harry Seidler & Associates • Max Dupain & Associates • State Library of New South Wales • Powerhouse Museum, Sydney • John Gollings Photography • ABC Enterprises • Channel 9 • Historic Houses Trust • Filmworld
In addition to public acclaim, a number of parties have expressed interest in the exhibition being available for use both locally and overseas.
Preliminary discussions have been held with the RAIA and Harry Seidler & Associates in relation to the ongoing use of the exhibition. There is general support for the exhibition being used both locally and overseas.
It is proposed that a protocol be established between all parties who were primarily involved in bringing the exhibition together, to ensure the high standard of exhibition materials and presentation is maintained at these locations. The protocol will require the consensus of HAS and the Seidler family, the City and the RAIA (including the exhibition curator) to approve use of the exhibition at other locations. Other key principles of the protocol will include that:
• the costs are borne by the exhibition partner;
• the contribution of parties to the original exhibition be acknowledged;
• any changes to the exhibition are approved by all parties involved, with the objective of maintaining the exhibition quality.
As indicated above, there would be no cost to Council should the exhibition be used in other locations.
RECOMMENDATION
It is resolved that:
(A) Council acknowledge the contribution of all parties to the provision of the exhibition, Harry Seidler - a Tribute which was held at Customs House;
(B) Council support in principle that the exhibition is made available for use elsewhere in Australia and overseas, in accordance with a protocol established between the City, RAIA, Harry Seidler & Associates, the Seidler family and the exhibition curator; and
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(C) authority be delegated to the Chief Executive Officer to finalise and enter into a protocol which is consistent with the terms of the report.
MONICA BARONE Chief Executive Officer
(prepared by Jennifer Kwok, Customs House, Management)
Moved by Councillor McInerney, seconded by Councillor Black -
That the Memorandum by the Chief Executive Officer be endorsed and adopted.
Carried unanimously.
280806 COUNCIL MINUTES 799 Monday 28 August 2006
ITEM 5. QUESTION TIME
MARTIN PLACE CENOTAPH (S044445)
1. By Councillor Mallard
Question
Lord Mayor, I was very disappointed that the City had allowed the display of body bags in the name of art at the Cenotaph on the weekend. This is an insensitive treatment for this very sacred ground for Australians. As you know, I represented the Council laying wreaths there for VP Day. I know the CEO has responded by extending a personal apology to the RSL. But how did this happen and what measures are we putting in place to prevent any further occurrence of this type of insensitive use around the Cenotaph?
Answer by the Lord Mayor
As you said, the CEO has apologised on behalf of the City for any disrespect caused and I shall ask the CEO to give us an explanation and perhaps suggestions about ways of ensuring that this doesn’t happen again.
Answer by the Chief Executive Officer
Thank you, Lord Mayor. It was never intended that that work go there. The normal process is that if we get an application for any activity (and we currently get hundreds of applications to do things in Martin Place) around the Cenotaph, we contact the RSL. When I spoke to the RSL this morning they were very clear and very appreciative of the relationship. They said that absolutely every time the City does anything in Martin Place that might concern the RSL the City always contacts them, and that is why the RSL knows this instance was a miscommunication or a mistake because the City always consults with the RSL. I was reassured by that conversation and of course extended our apologies.
What happened was that the artist had been given permission to exhibit the work but not there, had misunderstood and had put the work in the wrong place. Now we obviously are checking our procedures because I must admit, the fact that so much goes on there and it is very rare that situations like this occur, it means that probably the procedure usually works but this time we really didn’t get it right. So we are talking to the staff about the procedure and just making sure that everything is in order and the other thing what we are going to do now is attach site maps with an approval so people know exactly what they’re allowed to do and to be clearer with conditions. We will also have a closer look at some of the applications that we’re approving and perhaps things like that particular matter should have come up to me or to more senior officers.
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PEDESTRIAN PHASING SYSTEM (S044442)
2. By Councillor McInerney
Question
Lord Mayor, at last week’s CBD Local Area Plan meeting, a suggestion came up that an adjustment should be made to the pedestrian phasing system which is run by the RTA throughout the whole of the City so that instead of facilitating the movements of cars the RTA might be asked to facilitate the movement of pedestrians. Do you have any options or thoughts on that matter?
Answer by the Lord Mayor
That discussion was a very worthwhile discussion in terms of the work we have been doing in talking to our various communities, whether it’s the cultural community or on this occasion property community. Discussions were held about ways of improving and making Sydney more vital. It was put to us that a re-phase in the traffic signals by the RTA at lunch time could be very helpful and I’d certainly support that proposal. I will ask the CEO to ensure that proposal is included in our pedestrian plan and that we develop a strategy for progressing that proposal in discussions with the RTA. If it goes ahead it would mean that hopefully vehicles will avoid the city at the lunch time period and will mean that there’s a much more pleasant pedestrian environment for the half million people who are in the City at that time. That was an important suggestion and I think it’s one worth pursuing.
PARKING FINES (S044441)
3. By Councillor Lee
Question
Lord Mayor, are you aware of a company called Australian National Car Parks Pty Ltd which has been issuing parking fines illegally within the City of Sydney’s local government boundaries most recently properties in Smail Street, Ultimo? What action will the City take to ensure ratepayers aren’t ripped off by this company? In particular, would we consider running an education campaign to inform residents and motorists that ANCP is not authorized by the City of Sydney to issue these fines or penalty notices and would you also consider approaching the Department of Fair Trading to seek an order requiring this company to refund the residents or visitors that have been issued with these alleged fines or penalties?
Answer by the Lord Mayor
I will seek a report from the CEO about that matter, they’re quite serious allegations and they need to be investigated and then we need to assess what action we can take.
Answer by the Director Communications
In my recollection of a newspaper story on it last week, the Department of Fair Trading was taking action on this as it was seen to be misrepresenting the company to consumers.
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CROWN LAND IN GLEBE (S044444)
4. By Councillor Kemmis
Question
Lord Mayor, I note the Question on Notice about the land at the rear of 77 Hereford Street, Forest Lodge. I am also aware that the community is concerned about suggestions that the existing licence should continue. They fear this provides no certainty about this land because the State Government could still decide to sell it in the future. I would appreciate your comment.
Answer by the Lord Mayor
I appreciate their concern. I think communities around Sydney are concerned about various actions of the State Government. I know the community in Paddington is concerned about land in Trumper Park, I know people in Surry Hills are concerned about the Crown Street Reservoir, and people in Glebe are justifiably concerned.
I agree with the CEO that we can’t make a final decision until the Department of Lands comes back to us, but the point I’d like to really stress here is that this is publicly owned land and, given that we have had successive governments with policies of urban consolidation dramatically increasing population in the City without corresponding infrastructure and open space, it is absolutely vital that where open space is still available it is kept in the public domain for the benefit of the community that is living at high densities. I think this applies throughout the City as well as areas like Glebe and Forest Lodge.
I believe the City is certainly making its contribution with the Water Police site, Surry Hills Park, the purchase of the land on The Crescent and Orphan School Creek Gully and I believe that the State should also fulfil its duty in this area, and should certainly not allow that land to be sold but keep it in the public domain for the inner city community.
FOOTPATHS IN SURRY HILLS (S044447)
5. By Councillor Pooley
Question
Lord Mayor, you will be very familiar with Richards Avenue in Surry Hills. I’ve been approached by a number of residents in Surry Hills concerned about the width of the footpath at the northern end of Richard’s Avenue, near Foveaux Street and Shannon Reserve in Surry Hills. They believe that the current width, due to paving and flower beds, is a pedestrian hazard and prevents disabled and pram access. Could Council offices have a look into it and see what can be done?
Answer by the Lord Mayor
Yes, Councillor Pooley.
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CAR ENTHUSIASTS (S044439)
6. By Councillor Hoff
Question
Lord Mayor, during the last couple of weeks I have been contacted again by the residents of Millers Point about the car enthusiasts who continue to gather along Hickson Road. They also noticed over the past two weekends that the problem seems to be getting worse. I understand anti-social behaviour recently resulted in a young person being seriously injured. What more can Council do or what are you currently doing to prevent this situation.
Answer by the Lord Mayor
Councillors would be aware that earlier this year, together with the Police Minister, we trialled a transit mall in George Street at the Rocks on Friday and Saturday nights. That approach hasn’t been effective. I met with Detective Inspector Darren Boyd-Skinner of the Rocks Local Area Command to discuss solutions. The Police believed the problem would be solved if we remove opportunities to congregate along Hickson Road and circulate around the area. Improved lighting has been installed and line markings have been painted along the middle of the road to make U-turns illegal. Police initially proposed a physical barrier, a concrete meeting strip along Hickson Road but agreed this could be installed at a later stage if double line markings aren’t adequate. Payload parking has been changed to reverse 90º parking for most of Hickson Road to narrow the road and calm vehicle movement, this will have the added advantage of increasing daytime parking in the area.
Police have also asked for a speed hump at either end of Hickson Road and Council is currently obtaining five removable raised thresholds to install at regular intervals along the length of the road. These speed humps need to be removed to accommodate the major community events that occur along the street, such as the annual wheelchair race.
Police initially proposed bollards in strategic places; however the design of the new work means they are not needed. At each speed hump, Council will install a concrete centre island and a concrete island between the speed hump and the curb to prevent cars swerving to miss the speed hump to do drag racing. No stopping zones will be put along the road from 11pm to 6am. Police initially proposed tree planting similar to those in the Hickson Road for landscaping. This is not going to proceed at this time because Council have concerns about soil contamination problems.
Police and Council rangers work together to monitor the effectiveness of these measures and to co-operate with enforcement issues. Councillors will remember the first community meeting we had for that area this was a major issue raised by residents. Two years later we are still working with the police to try and come up with the remedies. I’ve given that detailed answer because you can see a lot of work has been done and hopefully these physical changes will produce the outcome that the community, Council and the Police are seeking.
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CYCLE LANES (S044443)
7. By Councillor Black
Question
I am informed that the Roads and Traffic Authority has proposed the removal of cycle lanes from Kings Cross Road and Craigend Street. Lord Mayor, would you like to make any comments on that proposal?
Answer by the Lord Mayor
Many people in the local area believe the proposed changes are outrageous. In July, the Minister for Planning refused RTA permission to remove cycle ways on Kings Cross Hill, stating they had given insufficient justification. I had a meeting with Gary Humphrey who has been managing the project, who informed me that at least at the officer level, officers were not happy about the proposed physical changes to William Street, Craigend Avenue or Kings Cross Road, but they had had a direction and they were having to pursue it. It seems now that they have been instructed to do a further submission to Minister for Planning to remove the cycle lanes in Kings Cross Road and Craigend Street.
There is no basis to the argument being put forward for the removal, it’s going to seriously disadvantage cyclists to have the cycle lanes removed from William Street. To further have them removed from Kings Cross Road and Craigend Street is anti-cycling and short sighted and not in the public interest as far as I’m concerned, and we should strongly oppose this interference.
PARKING CONTROLS (S044440)
8. By Councillor Harris
Question
Lord Mayor, a confidential briefing which canvassed options for new parking controls was attended by Councillors and the CSPC members some months ago. Can you let Councillors know when the new parking controls will come before the Planning Committee?
Answer by the Lord Mayor
The CEO reminds me that we’ve agreed to come back for another briefing as this is one of the major policies that the City needs to develop, would you like to add anything to that, Ms Barone?
Answer by the Chief Executive Officer
Lord Mayor, we were asked at that meeting to do a range of things, I believe most of those things are done and the staff now need to schedule the briefing because the Councillors asked for us to look at different models to.
Answer by the Lord Mayor (Continued)
We will schedule that as soon as we are able.
280806 COUNCIL MINUTES Monday 28 August 2006 804
WASTE MANAGEMENT POLICY (S044442)
9. Councillor McInerney
Question
Later this evening we will be considering the City’s waste management policy. This policy provides the regulatory framework for the collection of waste both residential and commercial, but it is only one part of a comprehensive approach on waste and obviously recycling and these sorts of matters need to be incorporated. Could you inform us if we are taking other actions as part of a wider waste management strategy?
Answer by the Lord Mayor
Certainly, what we’re considering tonight is only part of our comprehensive package for waste management. I will ask CEO to comment on when we will receive further information about other aspects.
Answer by the Chief Executive Officer
We will prepare a CEO Update on other initiatives. We need to develop a comprehensive waste strategy. We will inform Councillors of the timing through the CEO Update.
AUSTRALIAN NATIONAL CAR PARKS LIMITED (S044441)
10. By Councillor Lee
Question
Will you investigate whether Australian National Car Parks Limited is running a commercial enterprise car park as defined by Council’s planning codes? And if so, have ANCP lodged any DAs with respect to the sites in the City of Sydney’s council area, and if so where are these sites?
Answer by the Lord Mayor
Thank you, Councillor Lee. Ms Barone, would you have any of that information now?
Answer by the Chief Executive Officer
We’ll take it on notice.
280806 COUNCIL MINUTES 805 Monday 28 August 2006
INTERNATIONAL STUDENT RECEPTION (S044444)
11. By Councillor Kemmis
Question
Lord Mayor, earlier this year, you welcomed international students to the City, hosting an evening at the Town Hall. It was highly successful, something like a thousand students I think it’s the first time it’s been done in the City. I am aware that the Vice-Chancellors of the three universities involved, University of Sydney, UNSW and University of Technology, would like to see this become an annual event. Could this be arranged?
Answer by the Lord Mayor
The reception for international students was certainly successful. It’s my understanding that it was the first of its kind at Sydney. We welcomed about a thousand students from Asia, Europe and America and I believe it was very important that we make our international students feel welcome, that we recognize the contribution they make to university education in Sydney. If we make them feel welcome they’re more likely to recommend Sydney as a place to visit and study in the future. Many of those students return to their home countries to take up careers and professions, and I think they could play an important role in their countries’ government and business affairs. It’s important that we begin relationships with them, particularly as some of them could be potential leaders of the future. I would like that event to become an annual event, I think it’s a very important part of the City of Sydney contributing to tertiary education in Sydney, and I will ask the CEO to ensure that we liaise with the Vice-Chancellors of the three universities to arrange for this to become an annual event.
SISTER CITY RELATIONSHIPS (S044447)
12. By Councillor Pooley
Question
On Friday night, on Stateline it was announced that Lachlan Shire and the City of Penrith had entered into a sister city relationship and that this was the first time Councils have set up a sister city relationship within Australia. No doubt you’d be aware that that is inaccurate information and would recall in 1998 South Sydney City Council set up a sister city relationship with Parkes. I wondered whether the review being undertaken into sister city relationships in general, chaired by Councillor Black, could seek to reinstate the relationship between, now, this Council and Parkes and examine whether there are other towns in New South Wales that might benefit from such a relationship with the City of Sydney.
Answer by the Lord Mayor
Councillor Black will take that on notice in terms of the research he is doing into sister city relationships. I have a very strong view that any future relationships we have should be of great mutual benefit in terms of exchange and cross-fertilization of ideas, and I think we should look very carefully at those cities that can have that benefit for the City. I know the Minister for Local Government is very keen that city councils play a role in helping their country cousins, and that may be a role for us too. That is perhaps what South Sydney City Council was doing with Parkes. But I think exchange if we do proceed with these relationships in the future have got to be something that contributes and are worthwhile and lead to an interchange of ideas and policy exchange. They are not just social junkets, as the media like to depict them.
280806 COUNCIL MINUTES Monday 28 August 2006 806
DISABLED ACCESS SIGNAGE IN TOWN HALL (S044439)
13. By Councillor Hoff
Question
I note that Council will be installing signs to direct people with disabilities to the new disabled access here in the Town Hall. Could you please give Council more information about these signs and their placement.
Answer by the Lord Mayor
The signs will complete the Phase A of the Town Hall upgrade works, which has provided access for disabled people on the northern side of Town Hall off Druitt Street. There will be a sign placed in the garden bed behind the front balustrade, and will not be attached to the building. The Disability Discrimination Act requires these signs to have raised lettering. They also have to be two steps to the left of the building’s main entrance to accommodate blind people. Further signs will be added to both sides of the information bollard near the steps on the corner of George and Druitt Streets, on the wall next to the access door and in the Druitt Street garden facing west. All signs will comply with the requirements of the Disability Discrimination Act, and our heritage consultants have confirmed the signs will not adversely impact on the heritage significance of Town Hall. They will be installed by the end of September and the new entrance and directional signage should greatly improve accessibility to the Town Hall. This is a great breakthrough for people with disabilities.
CYCLE TRANSPORT FOR CITY RANGERS (S044445)
14. By Councillor Mallard
Question
Lord Mayor, since the 2000 Olympics, we have seen the New South Wales Police riding bicycles around our City on patrol. In the context of our cycling strategy, which is currently on exhibition, and our ambitions for a more sustainable city, can the City implement a cycling transport option for the relevant teams of our City Rangers.
Answer by the Lord Mayor
I think that is a great idea. We have just produced new uniforms, which are very smart. Perhaps they could be extended to Lycra for the cycling group. It has been very effective for the Police. It allows them to move around our very congested area and it has helped with crime reduction. It is a way of having a close connection with the community. I am sure the CEO will take on board in terms of recruitment of Rangers.
280806 COUNCIL MINUTES 807 Monday 28 August 2006
ACCOMMODATION GRANTS ALLOCATIONS (S044443)
15. By Councillor Black
Question
Later tonight Council will be considering accommodation grants allocation. I note from the report that there is a waiting list, and The City is still negotiating with some groups about their relocation. I am also aware that the Roper Activity Centre in South Dowling Street has been vacant for some time. Could Council be informed about the future plans for this centre and whether it could be available for community groups.
Answer by the Lord Mayor
Currently, a lot is being done on rationalizing our property portfolio, and I know that we are all looking forward to having that work completed and having a presentation so that we can make decisions on what we need to keep in terms of income stream, in terms of providing for community accommodation, what we can let go or what we might even need to purchase. These are all decisions that we have to make when that work has been done, but I will ask the CEO if she could provide, in the interim, information about that particular property within the CEO’s Update.
CENTREPOINT DEVELOPMENT PARKING (S044440)
16. By Councillor Harris
Question
Lord Mayor, of the 188 car parking spots in Centrepoint development that you supported in your media statements, how many of these will be dedicated to delivery vehicles, and in considering the balance, can you explain how the provision of these spots will reduce traffic congestion in the City?
Answer by the Lord Mayor
The stage one approval that the Central Sydney Planning Committee recently made on Centrepoint Tower was a great improvement on the 2003 proposal. We have had a reduction of three residential towers to one commercial tower; 500 car parking places to 188; we have 300 vehicles taken off Pitt Street Mall. We have activation of all the street frontages. We have improved through site links, and it is going to have to go through a Design Excellence process so the proposal will contribute to the retail heart of our City. The particular detail you have asked for I will seek from Council staff.
ITEM 6. MATTERS FOR TABLING (SO44317)
Moved by the Chair (the Lord Mayor), seconded by Councillor McInerney -
That the Disclosures of Interest returns be received and noted.
Carried unanimously.
280806 COUNCIL MINUTES Monday 28 August 2006 808
ITEM 7. REPORT OF THE FINANCE, PROPERTIES AND TENDERS COMMITTEE - 21 AUGUST 2006 (SO44317)
PRESENT
The Lord Mayor Councillor Clover Moore MP (Chair)
Councillor Robyn Kemmis (Deputy Chair)
Councillors Phillip Black, Chris Harris, Marcelle Hoff, The Hon Michael Lee, Shayne Mallard and John McInerney.
At the commencement of business at 4.03pm those present were -
The Lord Mayor, Councillors Black, Hoff, Kemmis, Mallard and McInerney.
Councillor Lee arrived at the meeting of the Finance, Properties and Tenders Committee at 4.04pm during discussion on Item 7.1.
Councillor Harris arrived at the meeting of the Finance, Properties and Tenders Committee at 4.08pm during discussion on Item 7.5, which had been brought forward.
Apologies
Noted that leave of absence from meetings of the Finance, Properties and Tenders Committee had previously been granted to Councillor Verity Firth, on an ongoing basis, due to the birth of her baby.
Councillor Pooley extended his apologies for his inability to attend the meeting of the Finance, Properties and Tenders Committee as he was away from Sydney.
Moved by Councillor Kemmis, seconded by Councillor Hoff -
That the apology from Councillor Pooley be accepted and leave of absence from the meeting be granted.
Carried.
Order of Business
The Finance, Properties and Tenders Committee agreed, for the convenience of the public present, that the order of business be altered such that Items 7.5. and 7.7 be brought forward and dealt with before Item 7.2.
The meeting of the Finance, Properties and Tenders Committee concluded at 5.46pm.
280806 COUNCIL MINUTES 809 Monday 28 August 2006
Report of the Committee
Moved by Councillor Kemmis, seconded by Councillor Hoff -
That the Report of the Finance, Properties and Tenders Committee of its meeting of 21 August 2006 be received, and the recommendations set out below for Items 7.2, 7.3, 7.5, 7.6 and 7.8 to 7.11 inclusive be adopted, with Item 7.1 being noted, and Items 7.4 and 7.7 being dealt with as shown immediately following those items.
Carried unanimously.
ITEM 7.1
DISCLOSURES OF INTEREST
No Councillors disclosed any pecuniary or non-pecuniary interests in any matter on the agenda for this meeting of the Finance, Properties and Tenders Committee.
The Committee recommended the following:
ITEM 7.2
INVESTMENTS HELD AS AT 31 JULY 2006 (SO3 4147)
It is resolved that the Investment Report as at 31 July 2006 be received and noted.
Carried.
ITEM 7.3
QUARTER 4 REVIEW - CORPORATE PLAN - 2005/06 FINANCIAL REVIEW (S040733)
It is resolved that Council:
(A) note the interim financial and operational performance of Council for the financial year ending 30 June 2006;
(B) approve supplementary Capital Works funding of $7.2M for 2005/06 that was required for a number of capital works projects;
(C) approve an increase of $6.4M to the 2006/07 Capital Works budget, to reflect the additional value of works expected to be completed within the year, for a total revised budget of $180.6M;
(D) approve an increase of $7.7M to the 2006/07 Plant & Assets budget for a total revised budget of $20.2M; and
(E) approve the re-phasing of the Capital Works program over the next four years as shown within the subject report.
Carried unanimously.
280806 COUNCIL MINUTES Monday 28 August 2006 810
The Chair (the Lord Mayor), Councillors Kemmis and Mallard extended thanks to City of Sydney staff for their contribution to the Review.
ITEM 7.4
SYDNEY TOWN HALL (S024244)
It is resolved that:
(A) a Sydney Town Hall Advisory Group be formed to guide the work of upgrading the Sydney Town Hall with the Group consisting of:
(1) Lord Mayor (or nominee) as chair
(2) Chief Executive Officer (or nominees)
(3) Consultant Heritage Architect (Howard Tanner)
(4) Heritage Officer of NSW (nominee); and
(B) any interested Councillors and the Council’s Heritage Specialist planner be invited to attend meetings of the Advisory Group.
At the meeting of Council, it was moved by the Councillor Kemmis, seconded by Councillor Hoff –
That the recommendation of the Finance, Properties and Tenders Committee be adopted.
At the request of the Chair (the Lord Mayor), and by consent, the motion was amended by deleting the words in clause (A) (1) and substituting the following words:
(1) Councillor Black as chair
Motion, as amended by consent, carried unanimously.
280806 COUNCIL MINUTES 811 Monday 28 August 2006
ITEM 7.5
EXPANSION OF THE STREET SAFETY CAMERA PROGRAM (S046575)
It is resolved that:
(A) The City install 11 additional CCTV street cameras in the following locations (Refer Attachment A - CCTV Camera Locations):
(1) Corner Wentworth St and Oxford St, Darlinghurst (2) Oxford St (Between Pelican St and Brisbane St), Darlinghurst (3) Corner Oxford St and Riley St, Darlinghurst (4) Corner Oxford St and Crown St, Darlinghurst (5) Corner Oxford St and Palmer St, Darlinghurst (6) Corner Campbell St and Bourke St, Surry Hills (7) Corner Oxford St and Taylor Sq, Darlinghurst (8) Devonshire St and Chalmers, Surry Hills (9) Corner Glebe Point Rd and Francis St, Glebe (10) Corner Bay St and Grose St, Glebe (11) Corner Broadway and City Rd, Glebe
(B) The City relocate 3 existing CCTV street cameras to the following locations (Refer Attachment A - CCTV Camera Locations):
(1) Grosvenor St and George St, CBD (2) Bridge St and Pitt St, CBD (3) Martin Pl and Pitt St, CBD
Carried unanimously.
Speaker
Assistant Police Commissioner Mark Goodwin, NSW Police, addressed the meeting of the Finance, Properties and Tenders Committee on Item 7.5.
ITEM 7.6
SECURITY AND EMERGENCY MANAGEMENT (S030520)
It is resolved that:
(A) Council note the report entitled “Actions and strategies to improve the City’s security and emergency management capacity – August 2006 ”, as shown at Attachment A to the subject report;
(B) Council note the financial summary of expenditure on security and emergency management (unaudited), for the financial years 2005/2006 and 2006/2007 as shown at Attachment B to the subject report; and
280806 COUNCIL MINUTES Monday 28 August 2006 812
(C) The Lord Mayor and Chief Executive Officer commence discussions with the NSW State Government and Federal Government on potential cost sharing arrangements for the operation of the City’s CCTV Street Camera program.
Carried unanimously.
ITEM 7.7
SPECIAL SIGNS (S002047-4)
It is resolved that Council:
(A) grant consent, as owner of 532 George Street Sydney (Woolworths building) and Goulburn Street, Sydney adjoining Goulburn Street carpark, to the lodgement of a development application for Special Signage for each site; and
(B) request that a report from Council officers be submitted to the Planning, Development and Transport Committee:
(1) on the urban environmental implications of retaining the category of special signs;
(2) on the criteria for determining the location of special signs if this category were to be retained; and
(3) outlining options to invest the revenue for special signs into additional urban design capital works projects.
Note. The motion of the Finance, Properties and Tenders Committee was not carried.
At the meeting of Council, it was moved by Councillor Kemmis, seconded by Councillor McInerney –
It is resolved that Council:
(A) grant consent, as owner of 532 George Street Sydney (Woolworths building) and Goulburn Street, Sydney adjoining Goulburn Street carpark, to the lodgement of a development application for Special Signage for each site; and
(B) request that a report from Council officers be submitted to the Planning, Development and Transport Committee:
(1) on the urban environmental implications of retaining the category of special signs;
(2) on the contribution to Council’s finances resulting from the special signs category;
(3) on the criteria for determining the location of special signs if this category were to be retained; and
(4) outlining options to invest the revenue for special signs into additional urban design capital works projects.
Motion, as amended by consent, carried unanimously.
280806 COUNCIL MINUTES 813 Monday 28 August 2006
Speakers
Mr Hence McPherson, APN Outdoor Pty Ltd (CODY), addressed the meeting of the Finance, Properties and Tenders Committee on Item 7.7.
ITEM 7.8
TENDER - SYDNEY PARK WETLAND 5 STAGE 2 CONSTRUCTION (S043497)
It is resolved that:
(A) Council accept the lump sum tender offer of Company “C”, as described in Confidential Attachment B to the subject report, for the construction of Sydney Park, Wetland 5, Stage 2 Upgrade; and
(B) Tender Evaluation Summary, Attachment B to the subject report, remain confidential in accordance with Section 10A(2)(D) of the Local Government Act 1993.
Carried unanimously.
ITEM 7.9
TENDER - 2006 - 2008 SYDNEY NEW YEAR'S EVE SUPPLY OF BARGE AND TUG HIRE (S047995)
It is resolved that:
(A) Council reject all tenders for Tender Number 0641 – Sydney New Year’s Eve Supply of Barge and Tug Hire for the reasons set out in the subject report;
(B) Council not invite fresh tenders as a more satisfactory result will not be achieved due to the small number of suppliers and their limited ability to meet the tender brief;
(C) authority be delegated to the Chief Executive Officer to negotiate with the parties named in confidential Attachment A to the subject report to perform the services, or a varied scope of the services of the tender for New Year’s Eve 2006, with an option for the same services to be provided for New Year’s Eve 2007 and 2008;
(D) authority be delegated to the Chief Executive Officer to enter into a contract following negotiations; and
(E) Tender Evaluation Summary, Attachment A, remain confidential in accordance with Section 10A(2)(D) of the Local Government Act 1993.
Carried unanimously.
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ITEM 7.10
TENDER - REFURBISHMENT OF LEVEL 4 TO 10 (INCLUSIVE), 532-540 GEORGE STREET, SYDNEY (S039360)
It is resolved that:
(A) Council accept the lump sum tender offer of Company C, as described in Confidential Attachment A to subject report, for the base building refurbishment of 532-540 George Street, Levels 4 to 10 (inclusive); and
(B) Tender Evaluation Summary, Attachment A, remain confidential in accordance with Section 10A(2)(D) of the Local Government Act 1993.
Carried unanimously.
ITEM 7.11
AMENDED LEASE PROPOSAL - LEVEL 3, CUSTOMS HOUSE, SYDNEY OPERA TRUST (S046032)
It is resolved that:
(A) the financial terms approved by Council on 26 June 2006 be amended in accordance with the revised rental terms shown in confidential Attachment C to the subject report; and
(B) Commercial Lease Terms and Rental Terms Variation, shown at Attachments B and C respectively to the subject report, remain confidential in accordance with Section 10A(2)(D) of the Local Government Act 1993.
Carried unanimously.
280806 COUNCIL MINUTES 815 Monday 28 August 2006
ITEM 8. REPORT OF THE ENVIRONMENT AND HERITAGE COMMITTEE - 21 AUGUST 2006 (SO44317)
PRESENT
The Lord Mayor Councillor Clover Moore MP (Chair)
Councillor Phillip Black (Deputy Chair)
Councillors Chris Harris, Marcelle Hoff, Robyn Kemmis, The Hon Michael Lee, Shayne Mallard and John McInerney.
At the commencement of business at 5.48pm those present were -
The Lord Mayor, Councillors Black, Harris, Hoff, Kemmis, Lee, Mallard and McInerney.
Apologies
Noted that leave of absence from meetings of the Environment and Heritage Committee had previously been granted to Councillor Verity Firth, on an ongoing basis, due to the birth of her baby.
Councillor Tony Pooley extended his apologies for his inability to attend the meeting of the Environment and Heritage Committee as he was away from Sydney.
Moved by Councillor Black, seconded by Councillor Lee -
That the apology from Councillor Pooley be accepted and leave of absence from the meeting be granted.
Carried.
The meeting of the Environment and Heritage Committee concluded at 6.16pm.
Report of the Committee
Moved by Councillor Black, seconded by McInerney -
That the Report of the Environment and Heritage Committee of its meeting of 21 August 2006 be received, and the recommendations set out below for Item 8.2 be adopted, with Item 8.1 being noted.
Carried unanimously.
280806 COUNCIL MINUTES Monday 28 August 2006 816
ITEM 8.1
DISCLOSURES OF INTEREST
No Councillors disclosed any pecuniary or non-pecuniary interests in any matter on the agenda for this meeting of the Environment and Heritage Committee.
The Committee recommended the following:
ITEM 8.2
WASTE MANAGEMENT IN PUBLIC PLACES - (LOCAL APPROVALS POLICY) (S032973)
The Environment and Heritage Committee decided that consideration of this matter be deferred to the meeting of Council on 28 August 2006.
At the meeting of Council, it was moved by Councillor Black, seconded by Councillor McInerney -
It is resolved that Council adopt the Waste Management in Public Places – (Local Approvals Policy), as follows.
Speaker
Mr Tony Khoury addressed the meeting of the Environment and Heritage Committee on Item 8.2.
The Policy, as adopted by Council, is as follows:
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WASTE MANAGEMENT IN PUBLIC PLACES (LOCAL APPROVALS POLICY)
WASTE MANAGEMENT IN PUBLIC PLACES (LOCAL APPROVALS POLICY)
INTRODUCTION
Sydney is a global city and within its boundaries there are 161,000 Residents, 25,000 businesses, 365,000 workers coming to and from the City and visitors who enjoy so much of what Sydney offers. Literally hundreds of thousands of people move in and around the City on any single day of the week.
As part of every day living and working waste materials accumulate. All these materials need to be collected and disposed of effectively and efficiently, and this occurs through a range of domestic and commercial waste service providers.
This Policy provides a framework for the collection and presentation of waste in all public places throughout the City’s Local Government Area.
PART A - PRELIMINARY
1. What is the title of this Policy?
This Policy (‘the Policy’) is called the Waste Management in Public Places (Local Approvals Policy).
2. What is the purpose of this Policy?
The City of Sydney (‘the City’) is committed to the promotion and implementation of responsible management practices for waste storage and collection. The City’s long-term aim is to create a vibrant, living, world-standard city, with an exciting and prosperous future. This Policy will help to achieve these aims by:
Improving the environmental amenity of the City’s streets, lanes and footpaths; Reducing potential obstructions and dangers to pedestrians and through traffic; Reducing the incidences of dumped waste; Ensuring waste is presented appropriately and collected within the City’s allocated time zones to minimise traffic and pedestrian interruptions; Minimising incidences of noise and their effect on residents; Ensuring all waste in the City is containerised and managed safely; and Outlining the potential implications of non-compliance with this Policy, for example fines and clean-up notices.
3. What is a Local Approvals Policy?
This Policy is prepared and adopted under the Local Government Act 1993 (‘the LG Act 1993’ or ‘the Act’). The purpose of this Policy is to supplement provisions of the Act and the Local Government (General) Regulation 2005 by:
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• Part I – Specifying the circumstances in which a person is not required to obtain a particular approval from the City; Part 2 – Specifying criteria which the City must consider when determining whether or not to grant approval to a particular activity; and Part 3 – Specifying other matters relating to approvals not dealt with by the Act or Regulations.
Note: Chapter 7 - s68 refers to activities that require the approval of the City.
4. What are the aims of this Policy?
The Policy aims to:
Combine and replace the former policies (where applicable) of Leichhardt Municipal Council, the former City of Sydney Council and the former South Sydney City Council into a single functional Policy for the new Council of the City of Sydney as proclaimed on 5 April 2004; Provide conditions for the safe and lawful use of public places for the management of waste without approval from the City of Sydney; Provide conditions for residents to use bulk bins/skips for waste storage in public places, as part of a household clean-up, complying development activity, demolition or renovation works; Provide conditions for the presentation and collection of residential and commercial waste from public places; Provide time zones for the collection of waste; Make the City’s policies and requirements for approvals readily accessible and understandable; Apply common or consistent requirements and procedures for approvals relative to waste management; Provide a schedule of fines and clean-up notices for non-compliance with this Policy and the Local Government Act 1993; and Use plain English and explanatory notes throughout the text of the Policy.
5. When did the Policy commence?
This Policy commenced on the 28 August 2006, and was advertised on (insert date and publication).
6. Have amendments been made to the Policy?
This is a new Policy document and incorporates no amendments.
7. When will the Policy be revoked?
The Policy will automatically be revoked 12 months after the declaration of the poll for the next general election of Council, (LG Act 1993 s165(4) unless the Council revokes it sooner.
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8. Where does the Policy apply?
The Policy applies to all land within the City’s local government area.
9. To what approvals does the Policy relate?
This Policy specifically refers to the following approvals; LG Act 1993 s68, and applies to: Part C (1) – Transporting waste over or under a public place for fee or reward Part C (2) – Placing waste in a public place Part C (3) – Placing a waste storage container in a public place
10. What definitions apply?
Definitions used in this Policy are in Appendix Three.
11. What are the notes in the text?
Notes in the text are explanatory notes provided to assist in understanding the Policy.
12. What are other relevant documents?
The following documents are related, either directly or indirectly, to the Policy:
Local Government Act 1993 Local Government (General) Regulation 2005 Interim Guidelines for the Placement of Building Waste Containers, Roads and Traffic Authority (RTA) 1988 Protection of the Environment Operations Act 1997 Protection of the Environment Operations (Waste) Regulation 2005
This is not an exhaustive list. This Policy does not override state or federal legislation that may apply from time to time. Please consult the appropriate state and federal government departments to ensure that legislation at those levels is complied with.
Note:
The Local Government Act s.163 provides that the Policy is void if it is inconsistent with the Act or the regulations, to the extent of the inconsistency. Where the Policy contains more onerous criteria than those prescribed by the Act or Regulations, s64 of the Act renders that portion of the Policy void. The Act provides councils with: the ability to provide goods, services and facilities, and to carry out activities, appropriate to the current and future needs of the local communities and of the wider public; the responsibility for administering some regulatory systems under this Act; a role in the management, improvement and development of the resources of their areas; a requirement to have regard to the principals of ecologically sustainable development in carrying out their responsibilities. The Roads and Traffic Authority Interim Guidelines for the Placement of Building Waste Containers on footpaths and carriageways. While the RTA does not condone the practice of the placement of objects on public streets or in public places, it believes that where it is necessary to place building waste in a container, such containers can only be placed on the public streets or in public places where good and safe practices are to be adopted by all concerned.
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WASTE MANAGEMENT IN PUBLIC PLACES (LOCAL APPROVALS POLICY)
13. What are the implications for non-compliance with this Policy?
City Rangers or other Authorised Officers may issue penalty infringement notices, orders, clean up notices, prevention notices or court attendance notices for non- compliance with this Policy and all related offences. Serious pollution incidences can also be prosecuted by state agencies such as the NSW Department of Environment and Conservation.
If a person transports waste or places waste or a waste storage container in a public place other than in compliance with this Policy and without the City’s written prior approval, Council may take action under LG Act 1993, s626 and s627. The maximum penalty: 20 Units. (Each penalty unit has a value of $110).
Action may also be taken under the Protection of the Environment Operations (POEO) Act 1997 for noise, disposal of waste (harm to the environment) and litter offences. For more information please refer to the relevant Act or excerpts in Appendix Two.
A person who is guilty of an offence under the POEO Act may be liable, on conviction for maximum penalties as detailed below:
in the case of a corporation—to a penalty not exceeding $1,000,000, or in the case of an individual—to a penalty not exceeding $250,000 or 7 years imprisonment, or both.
Parties not acting in accordance with this Policy may be given 7 days notice in writing to comply before infringements will be issued. The City, at all times, reserves the right to issue an immediate infringement depending on the seriousness of the circumstance and at the discretion of the Authorised Officer.
PART B - EXEMPTIONS FROM THE NECESSITY TO OBTAIN APPROVAL
1. What exemptions are provided for under the Regulations?
The following activities may be carried out without the prior approval of the City subject to such conditions as are specified under section 48 of the Local Government (General) Regulation 2005.
(a) Transporting waste
The transporting of waste over or under a public place for fee or reward if:
(i) the activity is licensed under the Protection of the Environment Operations Act 1997, or (ii) the activity is being carried out in the Sydney metropolitan area as defined in Part 3 (Interpretative provisions) of Schedule 1 to that Act, or (iii) the waste is being transported through the area of the council and is not being collected or deposited in that area.
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WASTE MANAGEMENT IN PUBLIC PLACES (LOCAL APPROVALS POLICY)
Note:
A person who transports waste for fee or reward in circumstances that do not require a pollution control licence issued by the Environment Protection Authority must comply with the relevant requirements of the Regulations made under the Protection of the Environment Operations Act 1997.
(b) Placing waste in a public place
The placing of waste in a public place, if it is done in accordance with the requirements of the City.
2. What exemptions are provided for under this Policy?
A person is exempt from the necessity to obtain a particular approval from the City as outlined in this part and Part C as follows.
PART C – SCHEDULE OF EXEMPTIONS
Under the LG Act 1993, s158(3) a person is exempt from the necessity to obtain the prior approval of the City for the following activities provided they comply with the schedule of exemptions set out below:
Part C (1) – Transporting waste over or under a public place for fee or reward Part C (2a) – Placing commercial waste in a public place Part C (2b) – Placing domestic waste in a public place Part C (3) – Placing a waste storage container (bulk bin/skips) in a public place
It is a condition of exemption that the person carrying out an activity specified in this Part must comply with: the relevant circumstances or requirements; and the relevant performance standards currently prescribed in the Local Government Act 1993, Local Government (General) Regulation 2005, and the Road and Traffic Authority – Interim Guidelines for the Placement of Building Waste Containers.
Note:
A person may apply for approval under the Act for the carrying out of an activity, and the application may be determined, even though the person is exempted from the necessity to obtain approval by this Policy under the Local Government (General) Regulation 2005 s80. The exemptions do not relate to Development Applications or consents required under any other legislation. Should any doubt exist as to whether a particular activity requires approval, consultation should be arranged with the City’s officers prior to work commencing.
Activity - Part C (1) Transporting waste over or under a public place for fee or reward
This section refers to the transportation and collection of waste over or under a public place.
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Exemption Circumstances/Requirements
1. Waste collection may only occur during the designated time zones, as shown in Appendix One. 2. Time zones apply 7 days. 3. On Sundays and Public Holidays domestic and day time commercial collections must take place between 8am and 10pm. 4. Manual sorting of glass bottles is not permitted in ‘night’ collection zones between 10pm and 6.30am. 5. A vehicle used to transport waste must not be driven on any kerb or footpath forming part of the public place. 6. Collection of waste or delivery of a waste storage container must be carried out in such a way as not to damage the roadway, footpath or services under the ground or cause damage or obstruct access to adjacent premises or roadways. 7. All waste transporters must indemnify the City for any property loss or injury arising out of the supply and use of the bin in a public place. 8. All waste must be containerised in a mobile garbage bin, maximum 1100 litres; with a permanently fixed, close fitting lid; smooth internal washable surface; be fully intact; be free of stains, odours and debris; and in full working order with no cracks, missing wheels, lids or pins. 9. Bins in excess of 240 litres must be light in colour, have fitted and working brakes and have reflectors or warning lights on outer corners. 10. Waste placed in or transported over or under a public place must not impact on public property, i.e. it must not scratch, stain or damage any public property. 11. All waste containers must be permanently labelled with the name, all hours telephone number and/or address of both the waste generator and waste collector.
Advisory Note:
City approved containers must be used wherever the waste is transported over or under a public place. Waste generators that have internal waste collections are allowed to use any waste storage container that suits their needs but these containers cannot enter a public place, unless they comply with this Policy. Plastic bags of waste and lose cardboard boxes are not permitted to be placed in a public place for collection. Bins over 1100 litres in size may be serviced across the footpath, but must be stored internally.
Activity - Part C (2a) Placing commercial waste in a public place
This section applies to commercial premises in the City’s local government area.
Exemption Circumstances/Requirements
1. Waste may only be placed in a public place for the purposes of collection by a waste contractor. 2. Waste collection may only occur during the designated commercial time zones, as shown in Appendix One. 3. Time zones apply 7 days excluding Sundays and Public Holidays in “day” collection zones where collections must take place between 8am and 10pm. 4. Containers may only be placed in a public place for the purposes of collection and must be removed from the public place as soon as possible after servicing.
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5. Waste storage containers must be removed after each service and returned to the internal storage area. In the event of service disruption, containers must be brought inside until service can be provided. 6. Waste must be placed immediately adjacent to the premises. If the bin is placed beyond the user’s property, prior consent is required from the adjacent owner. 7. The commercial waste generator must produce on request, evidence of a valid contract for waste collection detailing the method, timing and the disposal of the collection to a licensed waste facility. 8. All waste must be containerised in a mobile garbage bin, maximum 1100 litres; with a permanently fixed, close fitting lid; smooth internal washable surface; be fully intact; be free of stains, odours and debris; and in full working order with no cracks, missing wheels, lids or pins. 9. Bins in excess of 240 litres must be light in colour, have fitted and working brakes and have reflectors or warning lights on outer corners. 10. All waste containers must be permanently labelled with the name, all hours telephone number and/or address of both the waste generator and waste collector. 11. Bins in excess of 240 litres must be light in colour, have fitted and working brakes and have reflectors or warning lights on outer corners. 12. The location of the waste container must not: disturb traffic flow, impede or endanger pedestrian movement, restrict driver sight lines or vehicle access; be placed in front of the premises of others without their agreement. 13. The area where the container is placed for collection should be cleaned on a daily basis by the generator or when directed by an Authorised Officer. 14. Placement and removal of waste storage containers must be carried out in such a way as not to damage the roadway, footpath or services under the ground, cause damage or obstruct access to adjacent premises. 15. The waste storage container lid must remain closed, and the container surrounds must be kept tidy at all times. 16. Un-containerised waste for example plastics bags and lose cardboard boxes are not permitted to be placed next to or on top of containers in the public place. Advisory Notes: This applies only to containers for commercial waste generated by the particular use of the premises. It does not relate to bulk bins for the purpose of builders waste. All individual commercial waste generators are responsible for the handling and storage of waste generated in their premises to meet public health, safety and environmental requirements. Individual waste generators are also responsible for the costs involved with approved collection and disposal procedures. The container must not be used to store hazardous, liquid or clinical waste; it must be vermin proof; and be cleaned on a regular basis or as directed by an Authorised Officer without causing stormwater pollution. Waste oil drums are not permitted to be stored or placed in the public place at any time. Collection must be undertaken by a registered waste collection agency and occur from within the subject premises. Commercial waste must be collected and disposed of by a commercial contractor. Waste cannot be removed from the premises to be disposed of in a street litter bin or domestic waste bin.
Activity - Part C (2b) Placing domestic waste in a public place
This section applies to residential premises in the City’s local government area.
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Exemption Circumstances/Requirements
1. Domestic waste may only be placed in a public place for the purposes of collection by the City or agents acting on their behalf. 2. Domestic waste and recycling must be containerised in the City’s waste storage containers. 3. Un-containerised waste for example plastics bags and lose cardboard boxes are not permitted to be placed next to or on top of containers in the public place. 4. Waste storage containers should be put out for collection the night before the scheduled collection and must be removed from the public place as soon as possible on the day of collection and stored on private property. 5. Waste storage containers must be placed immediately in front of the residents property and no closer than ten (10) metres from the boundary of the cross street of the corner property. If the container is placed beyond the user’s property, prior consent is required from the adjacent owner. 6. The waste storage container lid must remain closed, and the containers surrounds be kept tidy at all times. 7. Only un-containerised waste booked in for a clean-up with the City can be placed in a public place the evening before the collection is scheduled to take place as specified or directed by the City. 8. Un-containerised clean-up material must be stored on the nature strip in a neat pile, not exceeding a small trailer load. The items must not block any road or footway and must not endanger pedestrian or vehicle traffic or the environment. 9. The resident is responsible for the cleanliness of their waste and recycling storage containers. They must be: free of stains, odours and debris; and in full working order with no cracks, missing wheels, lids or pins (Bin repairs should be reported to City on 9265 9333).
Advisory Notes
Residents with excess household waste including appliances, green waste and other household items must book in a clean-up service (no extra charge) by phoning 9265 9333; Clean-up requirements: o Household items only eg. furniture, appliances etc (not food waste); o Green waste - leaves and smaller cuttings must be stored in a bin/crate (available from the City – please do not use plastic bags) branches & tree cuttings must be stored in a bin/crate or bundled (max. 1 metre in length); o Fridge/oven doors must be removed; o Electric items - plugs to be cut off; o Sharp or dangerous items should be wrapped eg. mirrors; o No building waste or renovation materials building rubble etc; o No hazardous materials eg flammable liquids, oil, poisons or other chemicals; o No large or solid metal items - car parts, roofing panels etc.
Activity - Part C (3) Placing a waste storage container (bulk bin/skip) in a public place
This section applies to residential (single dwelling) properties only. In the first instance, space should be made available on your property for the storage of a bulk bin. If this is not possible, then approval must be obtained from the City’s Health and Building Unit on 9265 9333.
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Exemption Circumstances/Requirements
1. Bulk bin is for the use of residential purposes only i.e. clean out, renovation, or ‘complying development activity’. 2. Maximum container length of 3m. 3. Only one container can be stored at any one time at the property frontage. 4. Must not be placed on the footpath. 5. Must be positioned to comply with all restrictions and requirements of the Australian Road Rules as if they were a vehicle and are not to be placed contrary to kerbside parking provisions. 6. Container must not be placed in any disabled parking space. 7. Container must be located strictly in accordance with the requirements and guidelines of the Roads and Traffic Authority. 8. Should remain in place no longer than 14 days (it must be removed at the end of that period or at the completion of work, whichever is sooner). 9. Must not be used for the storage or transport of putrescible or hazardous material. 10. The supplier must indemnify the City for any property loss or injury arising out of the supply and use of the bin in a public place. 11. Bulk bin must be: light in colour; have reflectors or warning lights on outer corners; be placed 400mm from the kerb alignment and parallel as not to impede stormwater or traffic flow; be covered outside working hours and during transport; bear legibly the name, address and all hours phone number of the owner/supplier. 12. Must be placed immediately in front of the property of the user and no closer than ten (10) metres from the boundary of the cross street of the corner property. If the bulk bin is placed beyond the users property, prior notice is required from the adjacent owner. 13. Waste must be containerised within the bulk bin, waste is not permitted to be stored outside or next to the bin.
Advisory Notes
Refers to bulk bins/skips for residential use. Bulk bins that do not comply with this Policy are not permitted in a public place without approval. Subject to compliance with the provisions of the Local Government (General) Regulation 2005. The City may order the removal of the container if there is a failure to comply with the terms and conditions or if the placement of the container results in a nuisance or danger to the public. Transporting of waste over or under a public place requires an approval under the LG Act 1993 s68. The City’s approval is required for the placement of containers for a period greater than 14 days. These exemptions and requirements DO NOT override DA consent conditions.
PART D - CRITERIA FOR CONSIDERATION
Local Government (General) Regulation 2005 27 Matters to be taken into consideration by council in determining applications for approval to place a building waste storage container on a road
‘In determining an application for approval to place on a road a building waste storage container, the council is to take into consideration any requirements or guidelines relating to the location, size and visibility of building waste storage containers that are notified to the council from time to time by the Roads and Traffic Authority’.
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PART E - OTHER MATTERS RELATING TO APPROVALS
This Policy does not override:
state or federal legislation that may apply from time to time regarding the management of waste in public places; OR Development Application (DA) Consent Conditions.
Authority:
- Resolution of Council 28 August 2006. - Consent of the Director General, Department of Local Government (insert date)
Review Date: Insert Date
Ownership: Director, Services
File Reference: S032973
Related Policies: Policy for Waste Management in New Developments (2005)
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APPENDIX ONE – MAPS OF COLLECTION TIME ZONES
The City has developed collection time zones to take into account waste collection requirements, traffic volumes (especially on main or arterial roads) and noise in residential areas as well as improving the look of City streets.
COMMERCIAL COLLECTION TIME ZONES
The three (3) collection time zones are:
Day – 6.30am – 10pm (Sundays and Public Holidays 8am – 10pm) Night – 10pm – 6.30am Off-Peak – 10am – 3pm & 7pm -10pm
A map is attached to outline the collection zones. Zones relate to the street the waste container is presented on for collection. All CBD streets are night collection zones except for the residential streets in Dawes Point and Millers Point.
DOMESTIC COLLECTION TIME ZONES
There are two (2) collection time zones as follows:
Main and Arterial Roads 5.30am – 10pm Residential 6am to 10pm (Sundays and Public Holidays 8am – 10pm)
Note:
Commercial time zones refer to commercial waste. Collection zones do not relate to the collection of waste internally or from private property, only waste presented in a public place for collection. Domestic collection time zones refer to the collection of domestic waste by the City or agents acting on its behalf. Zones relate to the street the waste container is presented on for collection.
At a glance, commercial collection zones are as follows – please also refer to the Maps on File No S032973.
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Road Name Section From Section To Time Zone
Abercrombie Street Broadway Cleveland Street Off-Peak
Albion Street Elizabeth Street Flinders Street Off-Peak
Bay Street Broadway William Henry St Off-Peak
Bayswater Road Darlinghurst Road Roslyn Street Off-Peak
Bayswater Road Ward Avenue Neild Avenue Night
Botany Road Gardeners Road Raglan Street Night
Bourke Road Gardeners Road Botany Road Night
Bourke Street Botany Road Crescent Street Off-Peak
Burrows Road Campbell Road Canal Road Off-Peak
Campbell Road Barwon Park Road Burrows Road Off-Peak
Campbell Street Mary Street Riley Street Off-Peak
Canal Road LGA Boundary Alexandra Canal Night
Carillon Avenue King Street Missenden Night
Chalmers Street Elizabeth Street Redfern Street Off-Peak
Cleveland Street City Road Anzac Parade Night
Collins Street Bourke Road Botany Road Off-Peak
Copeland Street Binning Street Mitchell Rd Off-Peak Sir John Young Cowper Wharf Road Brougham Street Crescent Night
Craigend Street Ward Avenue Neild Avenue Night
Crescent Street Bourke Street South Dowling Street Off-Peak
Crown Street Cleveland Street Devonshire Street Night
Crown Street Devonshire Street Foveaux Street Off-Peak
Darlinghurst Road Oxford Street Macleay Street Night
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Road Name Section From Section To Time Zone
Elizabeth Street Cleveland Street Bourke Street Off-Peak
Elizabeth Street Cleveland Street Thru CBD Night
Erskinville Road King Street Railway Parade Off-Peak Euston Road/McEvoy Street Huntley Street Bourke Street Night
Fitzroy Street Bourke Street South Dowling Street Night
Flinders St/ Anzac Pde Oxford Street Dacey Avenue Night
Fountain Street Mitchell Road McEvoy Street Night
Foveaux Street Elizabeth Street Bourke Street Off-Peak
Gardeners Road Kent Rd Botany Road Night
Gardeners Road Botany Road Southern Cross Dr Off-Peak
Gibbons St Henderson Street Redfern Street Off-Peak
Gibbons St Redfern Street Cleveland Street Night
Glebe Point Road Broadway Wigram Road Night
Harris Street Broadway Quarry Street Night
Harris Street Quarry Street Pyrmont Bridge Road Off-Peak
Henderson Road Botany Road Mitchell Rd Off-Peak
Huntley Street Euston Road Bourke Street Off-Peak King Steet/Princes Hwy/City Road Barwon Park Road Broadway Night
Lachlan St/Dacey Ave Bourke Street Anzac Parade Night
Macleay Street Darlinghurst Road Challis Avenue Off-Peak
Missenden Road Campbell Street King Street Off-Peak
Mitchell Road Princes Highway Henderson Road Off-Peak
Moore Park Road South Dowling Street Oxford Street Off-Peak
O’Riordan Street Botany Road Gardeners Road Night
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Road Name Section From Section To Time Zone
O'Dea Avenue Bourke Street South Dowling Street Off-Peak
Oxford Street College Street Moore Park Road Night Parramatta Road/Broadway/George Street Mallet Street Thru CBD Night
Pyrmont Bridge Road Murray Street Burton Street Night Pyrmont Bridge/Bridge Road Burton Street Mallet Street Off-Peak
Redfern Street Chalmers Street Elizabeth Street Off-Peak
Redfern Street Regent Street George Street Night
Regent Street Cleveland Street Redfern Street Night
Regent Street Raglan Street Redfern Street Off-Peak South Dowling St/ Southern Cross Dr Flinders Street Gardeners Road Night
South Dowling Street Oxford Street Flinders Street Off-Peak
Swanston Street Railway Parade Binning Street Night
Sydney Park Road Euston Road Mitchell Rd Off-Peak
Victoria Street Oxford Street Challis Avenue Night
Wattle Street Broadway Pyrmont Bridge Road Night
William Henry Street Bay Street Pyrmont Street Off-Peak
William Street Darlinghurst Road CBD Night
Wilson Street King Street Erskineville Road Night
Wyndham Street Henderson Street O’Riordan Street Off-Peak
All other roadways are daytime collection zones
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APPENDIX TWO – INFRINGEMENTS, PENALTIES AND ORDERS
The Appendix provides excerpts from the relevant legislation that may apply if a person fails to comply with this policy.
LOCAL GOVERNMENT ACT 1993
Section 626 - Failure to obtain approval
(3) A person who carries out an activity specified in Parts B–F of the Table to section 68 without having obtained a prior approval of the council under Part 1 of Chapter 7 required for the carrying out of that activity is guilty of an offence.
Maximum penalty: 20 penalty units∗
(4) A person:
(a) who carries out an activity without having obtained a prior approval of the council under Part 1 of Chapter 7 required for the carrying out of that activity, and (b) who so carries out the activity on the basis of an exemption granted by or under this Act, being an exemption that is subject to conditions, and (c) who carries out the activity otherwise than in accordance with the conditions to which the exemption is subject, is guilty of an offence under subsection (1), (2) or (3) as if the exemption did not apply.
Section 627 - Failure to comply with approval
(3) A person who has obtained the approval of the council under Part 1 of Chapter 7 to the carrying out of an activity specified in Parts B–F of the Table to section 68 and who carries out that activity otherwise than in accordance with the terms of that approval is guilty of an offence.
Maximum penalty: 20 penalty units*
Section 124 - Orders
The waste related orders outlined in the LG Act 1993 s124 address circumstances where a Council may order a person to do or to refrain from doing a thing specified:
To do what? To remove or stack articles or matter, to cover articles or matter, to erect fences or screens or to plant trees To do or to refrain from doing such things as are specified in the order to prevent environmental damage, to repair environmental damage or to prevent further environmental damage
∗ A penalty unit is currently $110
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In what circumstances? Land is in the immediate vicinity of a public place and is used for the storage of articles or matter so as to create or be likely to create unsightly conditions. Work carried out on land has caused or is likely to cause environmental damage, being damage to the physical environment that is caused by: a) drainage, or b) drainage works, or c) obstructing a natural watercourse other than by a work constructed or used under a water management work approval granted under the Water Management Act 2000, not being environmental damage arising from premises, works or equipment the subject of a licence issued under the Protection of the Environment Operations Act 1997 or the subject of a notice or direction issued by a regulatory authority under that Act
To whom? Owner or occupier of land
To do what? Not to conduct, or to cease conducting, an activity on premises (whether or not the activity is approved under this Act).
In what circumstance? The activity constitutes or is likely to constitute: a) a life threatening hazard, or b) a threat to public health or public safety and is not regulated or controlled under any other Act by a public authority
To Whom? Any person apparently engaged in promoting, conducting or carrying out the activity
To do what? To store, treat, process, collect, remove, dispose of or destroy waste which is on land or premises in the manner specified in the order, provided that it is not inconsistent with regulations made under the Protection of the Environment Operations Act 1997
In what circumstance? Waste is present or generated on the land or premises and is not being dealt with satisfactorily, and is not regulated or controlled by, or subject to, a licence or notice granted or issued under the Protection of the Environment Operations Act 1997
To Whom? Owner or occupier of land or premises, owner of or person responsible for the waste or for any receptacle or container in which the waste is contained
Note:
This section does not affect the power of the City to give an order (or a notice or direction) under the authority of another Act. For example, some of those Acts and the orders (or notices or directions) that may be given include:
Protection of the Environment Operations Act 1997 - Environmental Protection Notices
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Roads Act 1993 - Order preventing the passage of traffic along a road or tollway - Order for the removal of an obstruction or encroachment on a road
A person who fails to comply with an order is guilty of an offence – LG Act s628.
PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997
Section 91 - Clean-up by occupiers or polluters
(1) Notices
The appropriate regulatory authority may, by notice in writing, do either or both of the following: a) direct an occupier of premises at or from which the authority reasonably suspects that a pollution incident has occurred or is occurring, b) direct a person who is reasonably suspected by the authority of causing or having caused a pollution incident, to take such clean-up action as is specified in the notice and within such period as is specified in the notice.
(5) Offence
A person who, without reasonable excuse, does not comply with a clean-up notice given to the person is guilty of an offence.
Maximum penalty: in the case of a corporation—$250,000 and, in the case of a continuing offence, a further penalty of $120,000 for each day the offence continues, or in the case of an individual—$120,000 and, in the case of a continuing offence, a further penalty of $60,000 for each day the offence continues.
Section 115 - Disposal of waste - harm to environment
(1) Offence If a person wilfully or negligently disposes of waste in a manner that harms or is likely to harm the environment: a) the person, and b) if the person is not the owner of the waste, the owner, are each guilty of an offence.
(2) Defence—lawful authority It is a defence in any proceedings against a person for an offence under this section if the person establishes that the waste was disposed of with lawful authority.
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(3) Definitions In this section:
dispose of waste includes dumping, abandoning, depositing, discarding, rejecting, discharging or emitting anything that constitutes waste, and also includes to cause or permit the disposal of waste. owner of waste includes, in relation to waste that has been disposed of, the person who was the owner of the waste immediately before it was disposed of. waste includes any unwanted or surplus substance (whether solid, liquid or gaseous). A substance is not precluded from being waste merely because it may be reprocessed, re-used or recycled.
Section 119 - Maximum penalty for tier 1 offences
A person who is guilty of an offence under this Part is liable, on conviction:
a) in the case of a corporation—to a penalty not exceeding $1,000,000, or b) in the case of an individual—to a penalty not exceeding $250,000 or 7 years imprisonment, or both.
Section 145 - Littering generally
(1) Offence of littering
A person who deposits litter in or on a public place or an open private place is guilty of an offence. Maximum penalty: 10 penalty units∗
(2) Application of this section
This section applies whether the place is in or on land or is in or on waters, but (without limiting subsection 5b) does not apply to a place or class of places prescribed by the regulations as being excluded from this section.
(3) Exceptions: Public places Subsection (1) does not apply to a person who deposited the litter in or on a public place, if the person:
a) deposited the litter in or on the place: I. in a receptacle provided by the custodian of the place for the depositing of litter, and in accordance with any conditions specified by the custodian, by means of a notice displayed on or in the vicinity of the receptacle, in relation to the depositing of litter in the receptacle, or b) placed a receptacle containing the litter in the place for the purpose of the litter being removed in the course of a litter removal service provided by the custodian of the place, or c) deposited the litter in the place: I. in response to an invitation contained in a notice published by the custodian of the place, and
∗ A penalty unit is currently $110
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II. in accordance with any conditions specified in the notice in relation to the depositing of litter in that place, or d) deposited the litter in the place with the express consent of the custodian of the place.
(4) Exceptions:
Open private places Subsection (1) does not apply to a person who deposited the litter in or on an open private place, if the person:
a) deposited the litter in or on the place in any receptacle: I. that is provided for the deposit of litter, and II. that is appropriate for litter of that size, shape, nature or volume, or b) at the relevant time was the custodian of the place or was acting with the express or implied consent of the custodian of the place.
(5) Exceptions:
Generally Subsection (1) does not apply to a person who deposited the litter in or on a place, if the person:
a) deposited the litter in the place under an authority conferred by or under this or any other Act or any Commonwealth Act, or b) deposited the litter in accordance with any regulations made for the purposes of this section or in such circumstances as may be prescribed by any regulations made for the purposes of this section.
Section 277 - Contravention of noise abatement directions
1. A person to whom a noise abatement direction has been given under section 276 (a) must not, without reasonable excuse, while the direction remains in force:
a. fail to cause the emission of the offensive noise from the premises to cease promptly, or b. at any time within 28 days following the time at which the direction was given (or such shorter period as is specified in the direction), cause or permit offensive noise to be emitted from the premises.
2. A person to whom a noise abatement direction has been given under section 276 (b) must not, without reasonable excuse, while the direction remains in force:
a. fail to promptly cease making or contributing to the making of the offensive noise, or b. at any time within 28 days following the time at which the direction was given (or such shorter period as is specified in the direction), make or contribute to the making of offensive noise that is emitted from the premises.
3. A noise abatement direction does not prevent the emission of noise that is not offensive noise. 4. A person who contravenes this section is guilty of an offence.
Maximum penalty: 30 penalty units∗
∗ A penalty unit is currently $110
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Environment protection offences
The Act has a three tier regime of offences.
1. Tier 1 offences are the most serious offences and cover certain waste disposals, leaks, spillages and other escapes, and ozone depleting emissions. Tier 1 offences can be categorised as offences requiring: a. proof of wilfulness or negligence and b. harm or likely harm to the environment.
These offences carry maximum penalties of $1,000,000 for corporations and $250,000 and/or 7 years imprisonment for individuals.
2. Tier 2 offences consist of all other offences under the Act and regulations, including water pollution, air pollution, land pollution (eg littering) and noise pollution offences. These offences are generally categorised as 'strict liability' offences i.e. the prosecution is not required to prove intent.
Most Tier 2 offences carry a maximum penalty of $250,000 for corporations and $120,000 for individuals, and for continuing offences, further daily penalties of up to $120,000 and $60,000 respectively. Most noise offences carry a maximum penalty of $60,000 for corporations and $30,000 for individuals, and for continuing offences, further daily penalties of up to $6,000 and $600 respectively.
The maximum penalty for the general littering offence is 10 penalty units ($1,100).
The following offences are introduced in this Act:
a. the emission of offensive odour from scheduled activities b. the unlawful transport of waste and c. the failure to comply with a duty to notify certain pollution incidents.
3. Tier 3 offences are not separate offences. They are Tier 2 matters that have been designated in the regulations as being capable of being dealt with by way of penalty notice. The amount of the penalty is set by the regulations and may not exceed the maximum penalty that can be imposed by a court for the offence.
EPA officers and the staff of certain other public authorities such as local councils have been authorised to issue penalty notices. However, the EPA may direct that a penalty notice be withdrawn if it considers it appropriate to do so.
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APPENDIX THREE - DEFINITIONS
Authorised Officer has the same meaning as "authorised person" in the Local Government Act 1993 - an employee of the City generally or specially authorised by the City whose duty it is to deal with, or to act in regard to, any Acts, matters or things in relation to which the expression is used.
Bulk Bin means a container of not more than 3 metres long and 1.5 metres wide, designed and used for the storage, transport and disposal of waste - also commonly referred to as a ‘Skip Bin’.
Bulk Waste means dry household (domestic) refuse collected as part of a complying development activity, household clean-up or builders waste from demolition or renovation work. This definition does not include putrescible (food and organics), dangerous or hazardous waste.
Clean-up action has the same meaning as in the Protection of the Environment Operations Act 1997. ‘Clean up Action’ in relation to a pollution incident, includes: a) action to prevent, minimise, remove, disperse, destroy or mitigate any pollution resulting or likely to result from the incident, and b) ascertaining the nature and extent of the pollution incident and of the actual or likely resulting pollution, and c) preparing and carrying out a remedial plan of action. It also includes (without limitation) action to remove or store waste that has been disposed of on land unlawfully.
Collection Point means the street on which the waste container is placed for collection.
Commercial waste means business or commercial refuse (including recyclable materials) generated as part of business activities.
Containerised Waste means waste that is contained within an approved waste storage container. This definition does not include waste in plastic bags or cardboard boxes.
Domestic Waste means all residential waste collected by the City or its agents.
Public place has the same meaning as in the Local Government Act 1993. a) a public reserve, public bathing reserve, public baths or public swimming pool, or b) a public road, public bridge, public wharf or public road-ferry, or c) a Crown reserve comprising land reserved for future public requirements, or d) public land or Crown land that is not: I. a Crown reserve (other than a Crown reserve that is a public place because of paragraph (a), (b) or (c)), or II. a common, or III. land subject to the Trustees of Schools of Arts Enabling Act 1902, or IV. land that has been sold or leased or lawfully contracted to be sold or leased, or e) land that is declared by the regulations to be a public place for the purposes of this definition.
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WASTE MANAGEMENT IN PUBLIC PLACES (LOCAL APPROVALS POLICY)
Residential waste means household (domestic) refuse including putrescible (food and organics) and recyclable materials.
Services means facilities provided by utility authorities such as Telstra, AGL, Sydney Water or Energy Australia etc to provide important services to residents, businesses and landlords.
Skip Bin see ‘Bulk Bin’
The Act means the NSW Local Government Act (1993).
The City means the Council of the City of Sydney as proclaimed on the 5th April 2004.
Trade Waste means the same as ‘Commercial Waste’
Un-containerised waste means waste that is not contained within an approved waste storage container or contained in a plastic bag, lose cardboard etc.
Waste has the same meaning as in the Local Government Act 1993. For the purpose of this Policy the definition of waste will not include liquid or gaseous waste. a) effluent, being any matter or thing, whether solid or liquid or a combination of solids and liquids, which is of a kind that may be removed from a human waste storage facility, sullage pit or grease trap, or from any holding tank or other container forming part of or used in connection with a human waste storage facility, sullage pit or grease trap, or b) trade (commercial) waste, being any matter or thing, whether solid, gaseous or liquid or a combination of solids, gases and liquids (or any of them), which is of a kind that comprises refuse from any industrial, chemical, trade or business process or operation, including any building or demolition work, or c) garbage, being all refuse other than trade (commercial) waste and effluent, and includes any other substance defined as waste for the purposes of the Protection of the Environment Operations Act 1997, and a substance is not precluded from being waste merely because it is capable of being refined or recycled.
Waste storage container means a container used for the storage of waste including recyclables and putrescible (food and organic waste). This definition includes mobile garbage bins with close fitting lids and not plastic bags.
839 Monday 28 August 2006
ITEM 9. REPORT OF THE CULTURAL AND COMMUNITY SERVICES COMMITTEE - 21 AUGUST 2006 (SO44317)
PRESENT
The Lord Mayor Councillor Clover MP (Chair)
Councillor Marcelle Hoff (Deputy Chair)
Councillors Phillip Black, Chris Harris, Robyn Kemmis, The Hon Michael Lee, Shayne Mallard and John McInerney.
At the commencement of business at 6.17pm those present were -
The Lord Mayor, Councillors Black, Harris, Hoff, Kemmis, Lee, Mallard and McInerney.
Apologies
Noted that leave of absence from meetings of the Cultural and Community Services Committee had previously been granted to Councillor Verity Firth, on an ongoing basis, due to the birth of her baby.
Councillor Tony Pooley extended his apologies for his inability to attend the meeting of the Environment and Heritage Committee as he was away from Sydney.
Moved by Councillor Hoff, seconded by Councillor Lee -
That the apology from Councillor Pooley be accepted and leave of absence from the meeting be granted.
Carried.
Order of Business
The Cultural and Community Services Committee agreed, for the convenience of the public present, that the Order of Business be altered such that the agenda items be dealt with in the following order –
1. Disclosures of Interest 5. Buskers Policy Review 4. Kings Cross Organic Food Market 2. Allocation of Accommodation Grants Program 3. Sydney Greek Festival Grant 2007 6. Grants and Sponsorships 2006/2007 Additional Allocation
The meeting of the Cultural and Community Services Committee concluded at 7.32pm.
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Report of the Committee
Moved by Councillor Hoff, seconded by the Chair (the Lord Mayor) -
That the Report of the Cultural and Community Services Committee of its meeting of 21 August 2006 be received, and the recommendations set out below for Items 9.2 to 9.4 inclusive be adopted, with Item 9.1 being noted and Items 9.5 and 9.6 being dealt with as shown immediately following those items.
Carried unanimously.
ITEM 9.1
DISCLOSURES OF INTEREST
No Councillors disclosed any pecuniary or non-pecuniary interests in any matter on the agenda for this meeting of the Cultural and Community Services Committee.
The committee recommended the following:-
ITEM 9.2
ALLOCATION OF ACCOMMODATION GRANTS PROGRAM (S049334)
It is resolved that Council:
(A) approve the organisations and properties recommended for Accommodation Grants as outlined in Attachments A, B, C and D to the subject report;
(B) request the Chief Executive Officer to negotiate tenancy arrangements, including the level of subsidy, with the approved Accommodation Grants applicants; and
(C) request a report back to Council for approval of these tenancy arrangements.
Carried unanimously.
The Chair (the Lord Mayor), Councillors Hoff and Pooley extended thanks to City of Sydney staff for their contribution to this project.
ITEM 9.3
SYDNEY GREEK FESTIVAL GRANT 2007 ( S025670)
It is resolved that:
(A) Council approve a grant of $15,000 cash and up to $11,000 value in kind to Sydney Greek Orthodox Community of NSW to produce their annual Greek Festival of Sydney 2007; and
(B) authority be delegated to the Chief Executive Officer to enter into an appropriate agreement with Sydney Greek Orthodox Community of NSW.
Carried unanimously.
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ITEM 9.4
KINGS CROSS ORGANIC FOOD MARKET (S030845-02)
It is resolved that consideration of this matter be deferred pending the outcome of the City of Sydney Markets Feasibility Study currently being undertaken.
Carried unanimously
Speaker
Mr Stephen Choularton addressed the meeting of the Cultural and Community Services Committee on Item 9.4.
ITEM 9.5
BUSKERS POLICY REVIEW (S039605)
The Cultural and Community Services Committee decided that consideration of this matter be deferred to the meeting of Council on 28 August 2006.
At the meeting of Council, it was moved by Councillor Hoff, seconded by Councillor Black -
It is resolved that Council:
(A) endorse the revised Busking Policy as shown at Attachment A to the subject report with the deletion of the six new Special Busking Permit sites; and
(B) request a further report on options for additional Special Busking Permit sites, with:
(1) a detailed assessment of the suitability of each proposed location; and
(2) consideration of the classification of the proposed sites as “Restricted Areas” with appropriate conditions to address potential adverse impacts.
Carried unanimously.
Speakers
Mr Andrew Woodhouse, Ms Daphne McCoy and Mr Elvin Alberts addressed the meeting of the Cultural and Community Services Committee on Item 9.5.
The Buskers Policy, as adopted by Council, is as follows:
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CITY OF SYDNEY BUSKING POLICY
City of Sydney BUSKING POLICY
Please note: The maps referred to in the City of Sydney Busking Policy can be found on file no. S039605
1 GLOSSARY OF TERMS
For the purposes of this policy the following definitions apply:
1.1 Busker: An entertainer who provides impromptu performances for the public by playing a musical instrument, dancing, singing, clowning or juggling, or doing other acts of a similar nature in public places. 1.2 Performance: Musical, dramatic or other entertainment substantially involving musical, theatrical, or circus performance skills. 1.3 Soliciting of funds: The act of asking, begging, seeking or requesting money or goods from members of the public. 1.4 Offering for sale: The display or demonstration of items, particularly multiples of items, with an implication that they are available for sale or otherwise in exchange for money (for example, CDs or cassettes). 1.5 Dangerous materials and implements: Materials and implements that pose risk, hazard or uncertain outcomes for people. Dangerous materials include flammable materials and chemicals, fire, fireworks, smoke, flairs, heated elements, or anything giving off a level of heat or toxicity that poses a threat of harm or damage to members of the public and public property. Dangerous implements include knives, spears, swords, spikes, and sharp implements of any kind that pose a threat of harm to the general public. 1.6 Restricted areas: Specified areas within the city that have had restrictions placed on busking activities that may occur in them. 1.7 Designated sites: Specified sites within restricted areas where busking can occur under defined conditions. 1.8 Circle acts: Structured performances requiring the audience to stop and watch or participate in the performance. Approximate duration: 20-40 minutes. 1.9 Walk-by acts: Spontaneous performances where the audience is not required to stop and watch.
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2 OBJECTIVES
This policy has been developed:
2.1 To encourage activities that contribute colour and life to the City and opportunities for alternative voices to be heard through public performance. 2.2 To provide an equitable system of use for popular busking sites in the city among the buskers earning a living through their art form. 2.3 To identify locations in the City suitable as busking sites. 2.4 To minimise complaints, criticism and other problems associated with buskers operating in the Sydney area, while supporting the rights of individuals to express themselves in a democratic manner.
3 PRINCIPLES
The City of Sydney recognises that:
3.1 Sydney has a strong tradition of busking and buskers contribute to a sense of place in the city of Sydney. 3.2 Buskers make an important contribution to the cultural life of a city by reflecting styles, values and the issues of society at large. 3.3 Buskers provide entertainment and thought provoking experiences to tourists and members of the general public. 3.4 Busking is a valid means for people to make a living. 3.5 Busking should not unduly interfere with pedestrian traffic, the conduct of business, or contribute to a lack of safety.
4 CONDITIONS
This policy covers only the City of Sydney local government area. The areas under the authority of the Sydney Harbour Foreshore Authority, including Circular Quay, including the Eastern and Western promenades of Circular Quay, First Fleet Park and the forecourt of the Museum of Contemporary Art, The Rocks, Darling Harbour, Tumbalong Park and Darling Walk, are NOT covered by this policy. This policy does not cover areas under the jurisdiction of the Royal Botanic Gardens Trust (The Domain and Royal Botanic Gardens) or The Opera House Trust (Opera House steps, concourse and forecourts.) For information about busking in these areas please contact the relevant authority.
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CITY OF SYDNEY BUSKING POLICY
Authorised busking is permitted anywhere in the City of Sydney (with the exception of the areas identified above) under the conditions outlined in this section. However, some areas of the city are restricted to the use of designated sites for busking activities and additional special conditions apply to busking in these areas. Restricted areas, designated sites and conditions for their use are identified in section 5 of this policy.
Busking activities are covered for public liability under the City of Sydney’s Hirers' and Users’ Insurance policy while the busker complies with the conditions and requirements for busking contained in this policy. The policy is limited to $10 million for any one loss, and the busker is responsible for the first $10,000 of each and every loss, under current arrangements. Conditions for obtaining a permit to busk in the city:
4.1 Buskers must hold an authorised permit to busk, issued by the City of Sydney. Permits may be obtained from the City of Sydney One Stop Shop and Neighbourhood Service Centres, following payment of: 4.1.1 $10 for a three (3) month permit, or 4.1.2 $40 for an annual permit.
4.2 Buskers who wish to use dangerous implements or materials (as defined in 1.5 above) in their performance must apply for a Special Busking Permit. Applicants must pass a safety review and receive an endorsement of their performance in order to obtain a Special Busking Permit. See Annexure 2 for details of use of dangerous implements or materials. Information on safety review times and locations is provided at the One Stop Shop and Neighbourhood Service Centres.
4.3 For the purposes of identification, applicants will be required to present or provide the following items at the time of application before a Busking permit will be issued:
4.3.1 Proof of identity in one of the following forms: 4.3.1.1 a current motor vehicle driver’s license, 4.3.1.2 a student identity/proof of age card 4.3.1.3 a current passport 4.3.1.4 a bank card or credit card with signature.
4.3.2 Australian Income Tax File number, ABN Number, or Statutory Declaration declaring intention to pay tax on earnings. 4.3.3 Passport and appropriate Work Visa if the applicant is a non-resident of Australia. 4.3.4 Proof of parental consent for applicants under the age of 18 years. Consent forms signed by applicants’ parents or guardians must be lodged at the time of application for a permit to busk. Consent forms can be obtained from the City of Sydney One Stop Shop and Neighbourhood Service Centres.
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4.4 Annual Busking Permits are valid for a year from the permit's commencement date. Three month permits are valid for three months from the permit's commencement date.
4.5 Permits for Group Acts must list the names of all members of the Act. One permit will be issued for a maximum of five people within a Group Act. If the Group consists of more than five people, the Group must apply for additional permits. The City reserves the right not to issue permits to Group Acts which it considers have too many members or may present a risk to pedestrian safety.
4.6 Details of Buskers holding Permits to Busk will be entered into a Register of approvals granted by City of Sydney pursuant to section 113 of the Local Government Act. Additionally, pursuant to Sections 113(2) and 113(5) of the act the information recorded will include the name and address of the person or persons to whom the approval is granted.
4.7 Permits are not transferable or refundable.
4.8 The following are not considered to be buskers under the terms of this policy and as such will not be issued a permit: Balloon sculptors, tarot card and palm readers, fortune readers, artists selling their works (such as portrait artists), masseurs or masseuses, vendors of any kind (including vendors of reindeer ears, fluffy toys, jewellery etc), solicitors of money for any purpose.
4.9 By signing the Application for Permit to Busk in the appropriate space, applicants must agree to comply with:
4.9.1 The requirements for obtaining busking permits and special busking permits, and, 4.9.2 The conditions for busking in the city in both unrestricted and the designated sites in restricted areas.
Conditions for busking in the city: In relation to busking in all areas of the city (with the exception of those areas outside the authority of the City of Sydney), whether in restricted or unrestricted areas, the following conditions apply:
4.10 Buskers must display their Permits to Busk in a prominent, highly visible position in the busking site at all times during their acts. 4.11 Buskers must not unreasonably interfere with pedestrian flow or public amenities or cause obstruction to traders or delivery vehicles, including by way of encouraging audience formation in such a manner as to cause such interference. 4.12 When performing in Restricted Areas, buskers must use the designated sites specified in Section 5 of this Policy under the conditions specified for each designated site.
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4.13 Buskers may perform for a maximum of 2 hours at any one site anywhere in the City, including designated sites, except for Pitt Street Mall, where the maximum is one hour. Buskers undertaking pavement art as detailed in Annexure 1 may work for a maximum of 8 hours at any one site. 4.14 Buskers may receive a monetary appreciation from the audience for their performance but may not solicit funds in a way which is likely to cause any discomfort to any individual. 4.15 Buskers must keep the site in use clean while they are working and ensure that their use of the site does not pose a threat to public safety. 4.16 Buskers may only use amplification that is battery operated. Mains voltage amplification is prohibited. Excessive amplification will not be tolerated. Loud acts may be asked to lower their volume or cease busking. The City reserves the right to impose a decibel limit on amplified sound in appropriate circumstances. 4.17 Where a complaint has been received about the excessive noise, level of noise amplification, music of a percussive or repetitive nature, or excessive duration of an act, particularly in relation to the proximity of that act to a place or work or residence, and the complaint is deemed to be justified, a busker may be directed by authorised officers of the City of Sydney to cease busking. 4.18 Buskers may not offer goods and services for sale, display, demonstrate or advertise goods for sale or associate themselves with such advertising in conjunction with their performance.
4.19 Buskers who are utilising pavement (chalk) art as a form of entertainment may only do so under the terms and conditions outlined in Annexure 1.
4.20 Buskers may only use dangerous implements and materials, as defined in 1.5, if they hold a Special Busking Permit to do so, and must comply with the terms and conditions in the Code of Practice at Annexure 2.
4.21 Authorised officers of the City of Sydney may at any time request a busker to cease busking if the officer is of the opinion that the performance is loud or intrusive, or excessively repetitive, or is causing public inconvenience, or is likely to cause harm to the public or property. The busker must immediately comply with such a request.
4.22 Buskers must also comply with directions issued by authorised officers and members of the NSW Police Force, Ambulance, Fire and any other Emergency Services.
4.23 Pursuant to sections 89, 109, 110 and 124 of the Local Government Act, City of Sydney may revoke or modify permits if the permit holder fails to comply with the requirements and conditions of approval. Authorised officers of the City of Sydney may confiscate permits for non-compliance. The City of Sydney may serve notice upon the person or persons holding a busking permit, giving reasons for the revocation or modification of the permit and providing the permit holder with the opportunity to show cause why the approval should not be revoked or modified.
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4.24 Busking permits may be revoked or modified in the circumstances where persons:
4.24.1 Are deemed by the City of Sydney to be causing a nuisance. 4.24.2 Do not keep their site safe and clean while working. 4.24.3 Cause obstruction to pedestrians or vehicular traffic and entrances to shops or buildings. 4.24.4 Interfere in any way with an approved entertainment or activity without permission. 4.24.5 Sell or offer for sale any articles or commodity. 4.24.6 Use dangerous implements or materials as part of a performance without a special busking permit to do so. 4.25 Council and other authorised officers reserve the right to prohibit use of a restricted area, designated site or such area as may be specified by it while Council or other road works are in progress, or while a special event is in progress. It is possible that restrictions on busking may be imposed during such occasions as New Years Eve, Australia Day, Anzac Day, or other events.
4.26 The use of unrestricted areas, restricted areas and designated sites for busking activities will be monitored by the Review Committee and continued use will be subject to their report.
5. RESTRICTED AREAS
The following special conditions apply to busking activities in Restricted Areas:
5.1 CIRCULAR QUAY WHARF, ALFRED STREET and CUSTOMS HOUSE SQUARE (2 designated sites)
5.1.1. Buskers may only perform at the two designated sites as indicated on Map One (one walkby site and one Special Busking Site). 5.1.2 Buskers may not perform during special events. 5.1.3 Buskers may not perform near the entry to retail outlets. 5.1.4 In order to avoid safety and health hazards to the public, buskers must be aware that when performing in the vicinity of food outlets and serving areas, they must not use materials that may leave a residue on tables, chairs or eating utensils (eg bubbles). 5.1.5 Chalk art is prohibited when directly applied to the pavement areas (except as defined in Annexure I). 5.1.6 Busking in Customs House Square may only occur with the express permission in writing of Customs House Management. Details of contacts for Customs House Management can be obtained from the City of Sydney One Stop Shop.
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5.2 MACQUARIE PLACE (2 designated sites)
5.2.1 Buskers must respect the rights of patrons using the park or nearby cafes and hotels and not unduly disrupt their activities.
5.3 WYNYARD PARK (2 designated sites)
5.3.1 Busking in the two designated sites is permitted only on the hard surface areas, not on the grassed area of the park.
5.4 MARTIN PLACE (5 designated sites)
5.4.1 No busking is allowed between Pitt Street and George Street at any time. 5.4.2 Buskers may not perform less than 25 metres from the Martin Place Amphitheatre while performances are taking place in the Amphitheatre. 5.4.3 Buskers may not perform less than 15 metres from any other performer in Martin Place. 5.4.4 Circle shows are permitted between Macquarie Street and Phillip Street but only one show at any given time. 5.4.5 No busking is allowed in Martin Place on Anzac Day (25 April) without the written approval of Council.
5.5 PITT STREET MALL (3 designated sites)
5.5.1 Busking in Pitt Street Mall is limited to three (3) locations only, as marked, at any one time. 5.5.2 Busking performances are limited to walk-by acts only. 5.5.3 Busking is not permitted prior to 2 pm in the Mall on weekdays. Busking is permitted after 11 am on weekends. 5.5.4 Buskers may not perform while special events are in progress in the Mall. 5.5.5 Excessive amplification will not be tolerated in the Mall. Loud acts may be asked to lower their volume or cease busking.
5.6 HYDE PARK and QUEENS SQUARE (10 designated sites)
5.6.1 Busking is permitted at ten (10) designated sites in the Park. 5.6.2 Busking is only permitted on hard surfaces. 5.6.3 Busking will only be permitted on Saturdays in Queens Square if the Supreme Court is not sitting and Sundays from 1.00 pm onwards.
5.7 BELMORE PARK (6 designated sites)
5.7.1 Busking is permitted at six designated sites.
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CITY OF SYDNEY BUSKING POLICY
6. BUSKING REVIEW COMMITTEE
6.1 A Busking Review Committee will meet as needed to monitor the effectiveness of the policy and advise on Busking issues that emerge in the City.
6.2 The Committee will report to the Manager, Cultural and Community Affairs, and will include, but not be limited to, the following:
• One (1) representative of the Arts and Cultural Community, • One (1) representative of the Retail Traders Association, • One (1) representative from the Media Entertainment and Arts Alliance, • One (1) Street performer and One (1) Musician nominated by Council in consultation with the Media Entertainment and Arts Alliance, • One (1) representative from City of Sydney, Cultural and Community Affairs Unit, • One (1) Representative from Asset Management and Compliance, • One (1) representative from the One Stop Shop or the Neighbourhood Service Centres.
ANNEXURE 1
City of Sydney Busking Policy
PAVEMENT ART AS A FORM OF BUSKING
Code of Practice
This code of practice only covers the areas that are the responsibility of City of Sydney. For areas managed by other organisations contact the authority responsible for busking policy in that area.
1 Busking may include pavement art where it can be seen as a form of public entertainment under the guidelines of the City of Sydney Busking Policy with all the above existing conditions applying, and including the following specific applications of City of Sydney's policies to pavement art:
1.1 Pavement art, for the purposes of this policy, is defined as:
1.1.1 Chalk drawings rendered directly onto the pavement, or renderings done in other materials on removable surfaces, such as canvas or plastic, laid out on the pavement.
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1.2 Drawing directly on the pavement may only occur where:
1.2.1 The material used is removable by water and does not leave a residue, and,
1.2.2 The surface is of a non-porous material, such as bitumen and concrete. Surfaces not able to be drawn directly upon include sandstone, granite and other porous surfaces currently being used in some pavements, pathways and walkways in the city.
1.3 Individual renditions of the artists' work may not be offered for sale, or sold to the public.
1.4 Any proposed material to be used in carrying out pavement art must not be slippery (whether wet or dry) and must not be such as to be likely to cause a public hazard.
2. Buskers undertaking pavement arts are permitted to remain at one site for a maximum of eight hours subject to meeting all other conditions detailed at Part 4 of the Policy.
ANNEXURE 2
City of Sydney Busking Policy
USE OF DANGEROUS MATERIALS AND IMPLEMENTS IN BUSKING
Code pf Practice
1 Policy Statement
The City of Sydney recognises that many buskers operating in the city use materials and implements in their practices that may reasonably be viewed as dangerous. However, the City of Sydney also acknowledges that, in the hands of skilled and experienced buskers, the use of fire and superficially dangerous implements such as knives and swords, in circus or juggling acts, lends an appealing theatrical element that is popular with the viewing public.
The purpose of this Code of Practice is to ensure that the use of dangerous materials and implements is restricted to buskers who have highly developed skills and experience in their use, and who are acutely aware of the need to ensure the safety of the public as well as their own safety when using them.
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2 Approved sites for the use of dangerous materials and implements
2.1 Four (4) sites have been nominated as appropriate for buskers who use dangerous materials and implements. These sites are the only sites upon which buskers may perform using these materials and implements. 2.2 The designated sites do not include parks. Fire and dangerous materials may not be used in busking acts conducted in any park in the city. 2.3 The general and specific site conditions contained in the City of Sydney busking policy apply to these sites, in addition to the special requirements for the use of dangerous materials and implements in busking acts. 2.4 The four Special Permit Busking Sites are identified on the maps attached to the Busking Policy as “SBS” and are located at: 2.4.1 Alfred Street Circular Quay (1 site). 2.4.2 Martin Place (2 sites). 2.4.3 Macquarie Place (1 site).
3 Special Busking Permits
3.1 Buskers using dangerous materials and implements must hold a current Special Busking Permit to use these items in their acts. 3.2 All general conditions applying to standard Busking Permits apply to the holding of a Special Busking Permit. 3.3 Buskers holding Special Busking Permits must display them at all times in a prominent position while performing their acts using dangerous materials and implements.
4 Conditions for Special Busking Permits
Buskers holding a Special Busking Permit, when using dangerous materials or implements in their acts, must adhere to the following conditions in the interests of public safety, and their own. The Special Permit busker must, at all times:
4.1 Ensure the health and safety of the audience witnessing the performance. 4.2 Ensure that public property is not damaged in the course of the performance. 4.3 Define the performance space to be used by establishing a physical boundary of at least 2 metres between herself/himself and the audience utilising one of the following options: 4.3.1 Roped or chained off area. 4.3.2 Chalk line (if the surface to be drawn upon is not of a porous material such as granite and sandstone, and if the line drawn is water-soluble and removed once the busker has completed the act). 4.4 Include a Work Cover approved Fire Blanket in their performance kits that is kept visible and accessible throughout the performance. 4.5 In the case of the use of flammable liquids, fuels are limited to kerosene, firewater or scented lamp oils (eg citronella) only. No other fuels will be permitted. 4.6 Store and transport any flammable liquids permitted under the Code of Practice in accordance with section 7 of the Australian Dangerous Goods Code, that is: • Portable plastic containers of no greater than a 5 litre capacity. • Containers conspicuously marked with the words
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¾ ‘HIGHLY FLAMMABLE’, in capital letters on both sides of container ¾ ‘Class 3 Flammable liquids’, and ¾ The name of the liquid in the container, eg Kerosene etc. 4.7 Use a non-flammable drip tray for flares or torches (not metal), or preferably use a pre-soaking method for the flares or torches. City of Sydney will not tolerate drip stains on ground surfaces that are not immediately removed, or able to be removed by the busker using the site after the act has been completed. 4.8 If using dangerous implements in a performance, as defined under the Dangerous Goods Act, Clauses 14, 31, 239, 240, 242 and 248, covering the use and packaging of prohibited items, all edges on metal implements must be blunted and rendered non-dangerous (including chain saws and other mechanical devices). An implement is determined as blunt if it is incapable of piercing human skin when pressure is directly applied to its edge or point against human skin.
5 Restrictions on Special Busking Permits
5.1 All restrictions applying to holders of Standard Busking Permits apply to holders of Special Busking Permits. 5.2 Special Busking Permits are only issued to individual buskers, not groups. That is, each busker in a group must hold a current Special Busking Permit if they are to use these items. 5.3 Special Busking Permits apply to Special Busking Sites only.
6 Process for Obtaining a Special Busking Permit
6.1 Special Busking Permits may be obtained from the City of Sydney One Stop Shop located at Level 2, Town Hall House, 456 Kent Street Sydney or at Neighbourhood Service Centres. 6.2 Special Busking Permits are available under the same terms and conditions as standard Busking Permits with the exception of the additional requirements nominated below. 6.3 6.3 Buskers applying for Special Busking Permits must pass a safety review and receive an endorsement of their performance. Performances will be endorsed on the basis of skill and knowledge of the Conditions for Special Busking Permits in (4) above. Buskers applying for a Special Busking Permit will be judged by one of their peers and two designated Council Officers. Safety reviews can be arranged through the One Stop Shop. 6.4 Endorsement in the terms stated above must be obtained before the Special Busking Permit will be issued. 6.5 A passport-sized photograph of the applicant busker must be submitted with the application form and endorsement at the time of application. 6.6 If buskers already holding Special Busking Permits plan to introduce any additional dangerous implements or materials to their performance for which they have not been assessed, they must notify the City of Sydney and attend an additional safety review where their performance incorporating these additional dangerous implements or materials may be assessed.
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ITEM 9.6
GRANTS AND SPONSORSHIPS 2006/2007 ADDITIONAL ALLOCATION (S040536)
It is resolved that:
(A) Council approve the recommended grants listed at paragraph 12 of the subject report, should funds become available; and
(B) authority be delegated to the Chief Executive Officer to enter into agreements with any organisation approved for a grant or sponsorship under agreements consistent with the Grants and Sponsorship Policy.
Note. During the meeting of the Cultural and Community Services Committee it was moved by Councillor Harris, seconded by Councillor Lee –
That the motion be amended by the deletion of the words “should funds become available” in Clause (A).
The amendment was declared lost on the following show of hands:
Ayes (3) Councillors Harris, Lee and Mallard
Noes (5) The Lord Mayor, Councillors Black, Hoff, Kemmis and McInerney.
The amendment was lost.
The motion was carried.
At the meeting of Council, it was moved by Councillor Hoff, seconded by Councillor Black –
That the recommendation of the Cultural and Community Services Committee be adopted.
Amendment. Moved by Councillor Harris, seconded by Councillor Lee –
That the motion be amended by the deletion in Clause (A) of the words “should funds become available”.
The amendment was lost on the following show of hands:
Ayes (4) Councillors Harris, Lee, Mallard and Pooley
Noes (5) The Lord Mayor, Councillors Black, Hoff, Kemmis and McInerney.
The motion was carried unanimously.
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ITEM 10. REPORT OF THE PLANNING DEVELOPMENT AND TRANSPORT COMMITTEE - 21 AUGUST 2006 (SO44317)
PRESENT
The Lord Mayor Councillor Clover Moore MP (Chair)
Councillors - Phillip Black, Chris Harris, Marcelle Hoff, Robyn Kemmis, The Hon Michael Lee, Shayne Mallard and John McInerney.
At the commencement of business at 5.46pm those present were:
The Lord Mayor, Councillors Black, Hoff, Kemmis, Lee, Mallard and McInerney.
Adjournment
At 5.47pm the meeting of the Planning Development and Transport Committee was adjourned to enable the meetings of the Environment and Heritage Committee and the Cultural and Community Services Committee to be held.
At 7.40pm, at the resumption of the Planning Development and Transport Committee, those present were -
The Lord Mayor, Councillors Black, Harris, Hoff, Kemmis, Lee, Mallard and McInerney.
Apologies
Noted that leave of absence from meetings of the Planning Development and Transport Committee had previously been granted to Councillor Verity Firth, on an ongoing basis, due to the birth of her baby.
Councillor Tony Pooley extended his apologies for his inability to attend the meeting of the Finance, Properties and Tenders Committee as he was away from Sydney.
Moved by Councillor Kemmis, seconded by Councillor Lee -
That the apology from Councillor Pooley be accepted and leave of absence from the meeting be granted.
Carried.
Sub-Committees
Meetings of the following Sub-Committees of the Planning Development and Transport Committee commenced at the times shown to facilitate the discussion of Items of business on the agenda in the order shown below.
The Major Development Assessment Sub-Committee, with Councillor Kemmis as Deputy Chair, commenced at 9.10pm.
The Development Assessment Sub-Committee, with Councillor Black as Deputy Chair, commenced at 7.43pm.
855 Monday 28 August 2006
The Planning Policy Sub-Committee, with Councillor McInerney as Deputy Chair, commenced at 10.40pm.
Order of Business
The Planning Development and Transport Committee agreed, for the convenience of the public present, that the Order of Business be altered such that the agenda items be dealt with in the following order -
1. Disclosures of Interest 5. Development Application: 31 Robertson road, Centennial Park 2. Development Application: 'Ashton', 102 Elizabeth Bay Road and 11 The Esplanade, Elizabeth Bay 3. Development Application: 20-28 Chalmers Street, Surry Hills (the Metro Goldwyn Mayer Building) 4. Development Application: 12-14 Larkin Street, Camperdown 6. Development Application: Rose, Shamrock and Thistle Hotel, 27-33 Oxford Street, Paddington 14. Selected Heritage Conservation Areas Draft Study 2005 - Report on Submissions 10. Rosebery Heritage Assessment Draft Study 7. South Sydney Local Environmental Plan 1998 - Amendment No. 9 8. Draft Urban Design Study Report: Waterloo and Redfern 9. Millers Point and Walsh Bay Heritage Review 11. Amendment to South Sydney Development Control Plan 1997 - Precinct G. Green Square - Proposed Public Exhibition 12. Draft Heritage Streetscapes Study: Proposed Exhibition 13. Draft Local Environment Plan and Draft Development Control Plan for Exempt and Complying Development - Proposed Public Exhibition 15. Draft South Sydney Local Environmental Plan 1998 (Amendment No. 17) - Green Square Town Centre 16. General Business
The meeting of the Planning Development and Transport Committee and all its Sub- Committees concluded at 11.32pm.
ITEM 10.1
DISCLOSURES OF INTEREST
No Councillors disclosed any pecuniary or non-pecuniary interests in any matter on the agenda for this meeting of the Planning Development and Transport Committee.
Report of the Major Development Assessment Sub-Committee
Moved by Councillor Kemmis, seconded by Councillor McInerney -
That the report of the Major Development Assessment Sub-Committee of its meeting of 21 August 2006 be received, with Item 10.1 being noted and Item 10.2 being dealt with as shown immediately following that item.
Carried.
Monday 28 August 2006 856
The Major Development Assessment Sub-Committee recommended the following -
ITEM 10.2
DEVELOPMENT APPLICATION: 'ASHTON' 102 ELIZABETH BAY ROAD AND 11 THE ESPLANADE, ELIZABETH BAY (D/2006/635)
The Planning Development and Transport Committee decided that consideration of this matter be deferred to the meeting of Council on 28 August 2006 to enable a site inspection to be undertaken of the subject site.
At the meeting of Council, it was moved by Councillor McInerney, seconded by Councillor Black -
It is resolved that -
(A) Council defer the matter pending further discussion with the applicant by Council staff and interested Councillors on the following matters:
(i) design modifications to increase views of Ashton as viewed from Beare Park and as illustrated by Figure 6 of the Conservation Management Plan prepared by Godden Mackay Logan, as discussed during the site inspection of 23 August 2006; and
(ii) design modifications to reduce the size of the vehicle access point to the proposed development to minimum required in accordance with relevant standards.
(B) If there is not a satisfactory resolution to Part (A), Council request that a report be provided to the next meeting of the Planning Development and Transport Committee including, but not limited to, the following matters:
(i) the proposed development has an adverse impact on heritage value of Ashton House, the streetscape, and the Elizabeth Bay Conservation Area;
(ii) the height, bulk, and positioning of the upper two levels adversely impacts upon Ashton House, unreasonably compromises its heritage curtilage and reduces its appreciation from Beare Park, contrary to Section 28(g) of the south South Sydney Local Environmental Plan 1998, and the heritage conservation controls in the South Sydney Local Environmental Plan 1998, the Development Control Plan 1997, and the South Sydney (Heritage Conservation) Development Control Plan 1998;
(iii) the proposed development fails to satisfy the floor space ratio (FSR) and scale performance criteria and controls contained in clause E2.2 of the South Sydney Development Control Plan 1997 due to the FSR of Lot A being 2.25:1 which is above the maximum permissible FSR of 1.5:1. This represents an over-development of the site.
(iv) the 9m wide vehicle access opening at the termination of The Esplanade adversely affects the streetscape, including Beare Park and public domain, and is therefore contrary to clause 28(b) of the South Sydney Local Environmental Plan 1998.
(v) the architectural detailing detracts from the heritage significance of Ashton House, contrary to section 28(b);
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(vi) the proposed development is contrary to the objectives of the Environmental Planning and Assessment Act 1979 and would not be in the public interest.
Carried unanimously.
Speakers
Mr Andrew Woodhouse, Ms Marilyn Eccles, Ms Lisa Knight, Mr Flavia Lucato, Mr Anthony Rizzuto, Ms Frances Martin, Mr Alex Tzannes and Mr Richard Mackay addressed the meeting of the Planning Development and Transport Committee (Major Development Sub-Committee) on Item 10.2.
Report of the Development Assessment Sub-Committee
Moved by Councillor Black, seconded by Councillor Kemmis -
That the report of the Development Assessment Sub-Committee of its meeting of 21 August 2006 be received, with Item 10.6 being adopted, and Items 10.3, 10.4 and 10.5 being dealt with as shown immediately following those items.
Carried.
The Development Assessment Sub-Committee recommended the following -
ITEM 10.3
DEVELOPMENT APPLICATION: 20-28 CHALMERS STREET SURRY HILLS (THE METRO GOLDWYN MAYER BUILDING) (D2006/0002)
It is resolved that consent be granted subject to the conditions as detailed in the subject report, as amended at the meeting of the Planning Development and Transport Committee by the addition of the following new condition:
AUTOMATIC TELLER MACHINES (ATMs)
Automatic Teller Machines (ATMs) shall not be placed in the same room as any gaming or gambling areas.
At the meeting of Council, it was moved by Councillor Black, seconded by Councillor Hoff -
That the recommendation of the Planning Development and Transport Committee be adopted.
Amendment. Moved by Councillor Harris, seconded by Councillor McInerney -
That the motion be amended by the deletion of the condition relating to Automatic Teller Machines (ATMs) and the substitution of the following new condition -
No automatic teller machines shall be installed in the premises.
The amendment was lost on the following show of hands -
Monday 28 August 2006 858
Ayes (2) Councillors Harris and McInerney.
Noes (7) The Lord Mayor, Councillors Black, Hoff, Kemmis, Lee, Mallard and McInerney.
The motion was carried unanimously.
The motion, as carried, is as follows:
It is resolved that:-
(A) A deferred commencement consent be granted pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979 subject to the following conditions:
(1) DESIGN MODIFICATIONS AND FLOOR SPACE RATIO
The design of the building must be modified as follows:
(a) The development shall be redesigned so that there is no increase in the FSR above existing. That is, the FSR must remain at the existing 3.51:1 (which is a gross floor area of 1830.24m2). The amended plans are to be submitted to Council and approved by the Director of City Planning.
(b) The amended plans and supporting information are to further certify that the total and component Floor Space Areas (by use) in the plans is no greater than 3.51:1, which is 1830.24m2. The FSR must be calculated utilising the definition under Sydney Local Environmental Plan 2005 applicable at the time of development consent.
(c) The amended plans are to comply with the City of Sydney Visitor and Tourist Accommodation DCP 2006.
(d) The awnings on the Chalmers Street elevation are to be deleted.
(e) The existing terrazzo floors on the ground level are to be conserved and retained.
(f) The original features on the Chalmers Street building façade are to be retained and conserved.
(g) No additional external or roof top plant/air-conditioning equipment or the like is permissible above the existing height.
(h) All windows on Randle Lane are to be constructed from translucent glass.
(B) Within 12 months of the date of this resolution and upon compliance with the requirements of Clause (A), a full development consent in accordance with Section 80(4) of the Environmental Planning and Assessment Act, 1979 be issued, subject to the following conditions as may be amended and any other additional conditions reasonably arising from the consideration of the matters specified in Clause (A):
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SCHEDULE 1A
APPROVED DEVELOPMENT/DESIGN MODIFICATIONS/COVENANTS AND CONTRIBUTIONS/USE AND OPERATION
Note: Some conditions in Schedule 1A are to be satisfied prior to issue of a Construction Certificate and some are to be satisfied prior to issue of Occupation Certificate, where indicated.
(1) APPROVED DEVELOPMENT
(a) Development must be in accordance with Development Application No. D/2006/2 dated 5 January 2006 and Statement of Environmental Effects prepared by Neustein Urban Planning Design Architecture, dated December 2005 and the following amended drawings:
Drawing Number Architect Date
DA-01 B Neustein Urban Planning 31 March 2006 Design Architecture
DA-02 B Neustein Urban Planning 31 March 2006 Design Architecture
DA-03 A Neustein Urban Planning 27 April 2006 Design Architecture
DA-04 A Neustein Urban Planning 27 April 2006 Design Architecture
DA-05 B Neustein Urban Planning 27 April 2006 Design Architecture
DA-06 Neustein Urban Planning 21 December 2005 Design Architecture
DA-11 Neustein Urban Planning 31 March 2006 Design Architecture
and as amended by the conditions of this consent:
(b) In the event of any inconsistency between the approved plans and supplementary documentation, the plans will prevail.
(2) OUTDOOR SEATING
The outdoor seating does not form any part of this consent. A separate development application must be submitted for the specific use of the outdoor area in Chalmers Street for outdoor seating.
(3) SIGNS
A separate development application for any proposed signs which are either externally fitted or applied must be submitted for the approval of Council prior to the erection or display of any such signs.
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(4) MATERIALS AND FINISHES TO MATCH EXISTING
All new external materials, finishes and works for making good should match the existing original work.
The external colour scheme is to comprise predominantly of similar tones to existing. A schedule of colours is to be submitted to Council’s satisfaction prior to the release of the Construction Certificate.
All detailing, specifically on the doors and window openings, must be retained and conserved as existing.
The internal colour scheme for significant internal spaces is to be prepared after site investigation of original colour schemes. Evidence of earlier colour schemes is to be interpreted on site as part of the interpretation strategy.
(5) HOURS OF OPERATION
The hours of operation are for the pub is restricted to between 8am and midnight Mondays to Saturdays inclusive and 8am and 10pm on Sundays.
The hours of operation for the backpackers accommodation reception is restricted to between 7am and midnight Mondays to Sundays.
The hours of operation for the backpacker terrace is restricted to between 7am and 10pm Mondays to Sundays.
(6) BACKPACKER ACCOMMODATION
The Backpacker Accommodation must be managed in accordance with the City of Sydney Visitor and Tourist Accommodation DCP 2006. Specifically prior to issue of an Occupation Certificate the following must be submitted to Council for approval:
(a) A Plan of Management;
(b) A Noise Management Plan;
(c) An Emergency Management and Evacuation Plan; and
(d) Notification in writing and evidence that the site manager or resident caretaker has undergone training and is qualified to manage the premises.
(7) SECURITY
Licensed security personnel must be employed to patrol the licensed premises and the immediate surrounds from 9:00pm until 30 mins after the closing time or until the last patron has left the premises, whichever is the later, on Thursday, Friday and Saturday nights. Security personnel are to be deployed at a ratio of one security person to 100 patrons or part thereof.
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(8) TOILETS IN THE PUB
(a) Sufficient gap should be provided above and below toilet doors to allow detection of unconscious patrons and the presence of multiple persons inside one cubicle.
(b) There must be no unisex toilets provided.
(c) Toilets must be adequately lit to observe and detect disorderly conduct.
(d) Toilets with syringe disposal facilities must be provided and identified.
(e) Toilets must provide one condom vending machine in each male and female facility on every floor.
(9A) NO ADVERTISEMENT OF POKIE MACHINES
No advertisement of machines on the exterior of the premises is permitted.
(9B) AUTOMATIC TELLER MACHINES (ATMs)
Automatic Teller Machines (ATMs) shall not be placed in the same room as any gaming or gambling areas.
(10) WASTE
Waste must be removed from the premises via Randle Lane by a private contractor on a daily basis.
(11) TIME OF WASTE COLLECTION AND SERVICE DELIVERY
(12) WASTE AND RECYCLING COLLECTION CONTRACT
(13) SECURITY MANAGEMENT PLAN
(14) LIQUOR LICENSING ACCORD
(15) SURVEILLANCE CAMERAS
(16) COPIES OF APPROVALS AND MANAGEMENT PLANS
(17) NO PUBLIC ENTERTAINMENT
(18) MAXIMUM POPULATION OF LICENSED PREMISES
(19) RAIL CORPORATION OF NEW SOUTH WALES CONDITIONS
In order to safeguard the development against possible rail related noise and vibration from the adjacent rail corridor the development shall be designed and constructed in accordance with RailCorp’s Guidelines for Applicants. Details must be submitted to the Principle Certifying Authority prior to issue of a construction certificate.
(20) NEIGHBOURHOOD AMENITY
(21) NOISE - USE
Monday 28 August 2006 862
(22) NOISE - MECHANICAL PLANT
(23) SECTION 61 CONTRIBUTIONS PAYABLE - REGISTERED QUANTITY SURVEYOR'S DETAILED COST REPORT - SUBMITTED AND VERIFIED PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE
SCHEDULE 1B
PRIOR TO CONSTRUCTION CERTIFICATE/COMMENCEMENT OF WORK/HEALTH AND BUILDING
Note: Prior to the issue of the Construction Certificate, sufficient information must be forwarded to the certifying authority (whether Council or a private accredited certifier) illustrating compliance with the relevant requirements of the Building Code of Australia (and a copy forwarded to Council where Council is not the certifying authority). If Council is to be the certifying authority, please contact the Building Unit to discuss the requirements prior to submission of the application for construction certificate.
(24) FOOTPATH DAMAGE BANK GUARANTEE
(25) STRUCTURAL CERTIFICATION FOR DESIGN – BCA CLASS 2 – 9
(26) VERIFICATION OF SUPPORT FOR NEW LOADS
(27) CONSTRUCTION AND FITOUT OF FOOD PREMISES
(28) BCA COMPLIANCE - ALTERATIONS AND ADDITIONS (CC REQUIRED)
(29) INSTALLATION OF DUAL-FLUSH TOILETS
(30) INSTALLATION OF WATER EFFICIENT TAPS
(31) HERITAGE INTERPRETATION STRATEGY
(32) USE OF CONSERVATION ARCHITECT
(33) STRUCTURAL CERTIFICATION FOR DESIGN
(34) WASTE AND RECYCLING MANAGEMENT - COMMERCIAL
(35) MECHANICAL VENTILATION
(36) CONTINUED PERFORMANCE OF MECHANICAL VENTILATION
(37) STRUCTURAL CERTIFICATION FOR DESIGN
(38) FIRE SAFETY CERTIFICATE TO BE SUBMITTED
(39) NO DEMOLITION PRIOR TO A CONSTRUCTION CERTIFICATE
(40) DEMOLITION, EXCAVATION AND CONSTRUCTION MANAGEMENT
(41) APPLICATION FOR HOARDINGS AND SCAFFOLDING ON A PUBLIC PLACE
(42) BARRICADE PERMIT
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(43) STORMWATER AND DRAINAGE - MINOR DEVELOPMENT
SCHEDULE 1C
DURING CONSTRUCTION/PRIOR TO OCCUPATION/COMPLETION
(44) SYDNEY WATER CERTIFICATE
(45) PROTECTION OF STREET TREES DURING CONSTRUCTION
(46) COVERING OF LOADS
(47) USE OF MOBILE CRANES
(48) SITE NOTICE OF PROJECTS DETAILS AND APPROVALS
(49) OCCUPATION CERTIFICATE TO BE SUBMITTED
(50) HOURS OF WORK AND NOISE – CBD
(51) NO OBSTRUCTION OF PUBLIC WAY
SCHEDULE 2
The prescribed conditions in accordance with Clause 98 of the Environmental Planning and Assessment Regulation 2000 apply to the development
Carried unanimously.
Speakers
Mr Luigi Rosselli and Mr Michael Neustein addressed the meeting of the Planning Development and Transport Committee (Development Assessment Sub-Committee) on Item 10.3.
ITEM 10.4
DEVELOPMENT APPLICATION: 12-14 LARKIN STREET CAMPERDOWN (D/2005/1640)
It be noted that the applicant has indicated his intention to withdraw the subject application by notification in writing.
At the meeting of Council, it was moved by Councillor Black, seconded by Councillor McInerney -
It is resolved that Council note that the application has now been withdrawn.
Carried unanimously.
Speakers
Mr Bernard Teh Howell addressed the meeting of the Planning Development and Transport Committee (Development Assessment Sub-Committee) on Item 10.4.
Monday 28 August 2006 864
ITEM 10.5
DEVELOPMENT APPLICATION: 31 ROBERTSON ROAD, CENTENNIAL PARK (D2006/316)
The Planning Development and Transport Committee decided that consideration of this matter be deferred to the meeting of Council on 28 August 2006 to enable a site inspection to be undertaken of the subject site.
At the meeting of Council, it was moved by Councillor Black, seconded by Councillor McInerney -
It is resolved that -
(A) consideration of this matter be deferred pending discussion with the applicant by Council staff and interested Councillors on the following matters:
(i) amending any development on Oxley Lane to comply with applicable planning controls; and
(ii) consideration of alterations and additions to the existing building, including removal of the rear flat roof addition and replacement with an appropriate addition to allow a family to reside on the site, noting the two storey residence adjoining to the north and single storey residence to the south.
(B) a progress report on this matter be submitted to an appropriate meeting of the Planning Development and Transport Committee.
Amendment. Moved by Councillor Lee, seconded by Councillor Pooley -
That the motion be amended by the deletion of the entire motion and the substitution of the following new motion, ie, the officer's recommendation to the Planning Development and Transport Committee on 21 August 2006, with the addition of conditions of consent 1(c) and 1(d) as detailed in the Memo from the Acting Director City Planning dated 24 August 2006 and circulated to Councillors.
The amendment was lost on the following show of hands -
Ayes (2) Councillors Lee and Pooley.
Noes (7) The Lord Mayor, Councillors Black, Harris, Hoff, Kemmis, Mallard and McInerney.
The motion was carried unanimously.
Speakers
Mr Peter McEwen, Mr Peter Tzannes, Ms Karen Lee, Mr Robert Bressan, Ms Dominique Bressan, Mr Greg Lenthen, Mr Neil Carter, Mr Anthony Betros, Mr James Phillips, Ms Irene Harvey, Ms Helen Metlenko, Mr Don Grant, Mr George Sinclair, Mr Robert Steel and Ms Brenda Sambrook addressed the meeting of the Planning Development and Transport Committee (Development Assessment Sub-Committee) on Item 10.5.
865 Monday 28 August 2006
ITEM 10.6
DEVELOPMENT APPLICATION: ROSE, SHAMROCK AND THISTLE HOTEL 27-33 OXFORD ST, PADDINGTON (D06/00717)
It is resolved that consent be granted subject to the following conditions:-
SCHEDULE 1A
Approved Development/Design Modifications/Covenants and Contributions/Use and Operation
Note: Some conditions in Schedule 1A are to be satisfied prior to issue of a Construction Certificate and some are to be satisfied prior to issue of Occupation Certificate, where indicated.
(1) APPROVED DEVELOPMENT
(a) Development must be in accordance with Development Application No. DA 2006/00717 dated 8 May 2006 and Statement of Environmental Effects prepared by Laurie Liskowski dated April 2006 and the following drawings:
Drawing Number Architect Date
DA-02 B Laurie Liskowski Liskowski 07-06-2006
DA-03 B Laurie Liskowski Liskowski 07-06-2006
DA-04 B Laurie Liskowski Liskowski 07-06-2006
DA-05 B Laurie Liskowski Liskowski 07-06-2006
DA-07 B Laurie Liskowski Liskowski 07-06-2006
and as amended by the conditions of this consent:
(b) In the event of any inconsistency between the approved plans and supplementary documentation, the plans will prevail.
(2) HOURS OF OPERATION – MINOR DEVELOPMENT
The hours of operation for the office suites are restricted to between 8.00am and 6.00pm Mondays to Fridays inclusive and 8.00am and 1.00pm on Saturdays and not at all on Sundays.
(3) REAR DECK AREAS
The deck areas at the first and fourth floor levels at the rear of the building are not to be used by the occupants of the building or visitors. The access doors to these areas are to be locked at all times and access only provided to management or trade persons for the purposes of carrying out servicing or maintenance work.
Monday 28 August 2006 866
(4) OBSCURE GLASS TO REAR WINDOWS Obscure glass to a height of 1.6m above finished floor level is to be installed to all rear/south facing windows.
(5) WASTE DISPOSAL
(6) NOISE - USE
SCHEDULE 1B Prior to Construction Certification/Commencement of Work/Health and Building
Note: Prior to the issue of the Construction Certificate, sufficient information must be forwarded to the certifying authority (whether Council or a private accredited certifier) illustrating compliance with the relevant requirements of the Building Code of Australia (and a copy forwarded to Council where Council is not the certifying authority). If Council is to be the certifying authority, please contact the Building Unit to discuss the requirements prior to submission of the application for construction certificate.
(7) GENERAL HERITAGE
(8) MATERIALS AND FINISHES TO MATCH EXISTING
(9) NO DEMOLITION PRIOR TO A CONSTRUCTION CERTIFICATE
(10) WASTE AND RECYCLING MANAGEMENT - MINOR
(11) BARRICADE PERMIT
(12) MECHANICAL VENTILATION
(13) STRUCTURAL CERTIFICATION FOR DESIGN – BCA CLASS 2 – 9
(14) STRUCTURAL CERTIFICATION FOR EXISTING BUILDING – MINOR (ADDITIONS)
(15) BCA - IDENTIFIED AREAS OF NON-COMPLIANCE - NEW BUILDINGS
(16) ANNUAL FIRE SAFETY STATEMENT FORM
SCHEDULE 1C
During Construction/Prior to Occupation/Completion
(17) OCCUPATION CERTIFICATE TO BE SUBMITTED
(18) HOURS OF WORK AND NOISE – OUTSIDE CBD
(19) NO OBSTRUCTION OF PUBLIC WAY
SCHEDULE 2
The prescribed conditions in accordance with Clause 98 of the Environmental Planning and Assessment Regulation 2000 apply to the development.
Carried unanimously.
867 Monday 28 August 2006
Report of the Planning Policy Sub-Committee
Moved by Councillor McInerney, seconded by Councillor Black -
That the report of the Planning Policy Sub-Committee of its meeting of 21 August 2006 be received, and the recommendations set out below for Items 10.8 to 10.12 inclusive and Item 10.14 be adopted, with Items 10.7, 10.13 and 10.15 being dealt with as shown immediately following those items, and Item 10.16 being noted.
Carried.
The Planning Policy Sub-Committee recommended the following -
ITEM 10.7
SOUTH SYDNEY LOCAL ENVIRONMENTAL PLAN 1998 - AMENDMENT NO. 9 (2027244)
It is resolved that:
(A) Council endorse the amendments proposed in Draft South Sydney Local Environmental Plan 1998 – Amendment No. 9, shown at Attachment B to the subject report, with proposed deletions from the text shown in strikethrough and proposed inclusions shown in bold italics;
(B) Council forward the Draft South Sydney Local Environmental Plan 1998 – Amendment No. 9 to the Department of Planning under Section 68(4) of the Environmental Planning & Assessment Act 1979; and
(C) authority be delegated to the Chief Executive Officer to make any minor drafting changes required to Draft South Sydney Local Environmental Plan 1998 - Amendment No. 9 as a result of consideration by the Council, the Central Sydney Planning Committee and any further amendments made by the Parliamentary Counsel.
Note. The recommendation of the Planning Development and Transport Committee was not carried.
At the meeting of Council, it was moved by Councillor McInerney, seconded by Councillor Kemmis -
It is resolved that Council:
(A) adopt the Draft South Sydney Local Environmental Plan 1998 - Amendment No. 9, as shown at Attachment B to the subject report, with proposed deletions from the text shown in strikethrough and proposed inclusions shown in bold italics; and
(B) in accordance with clause (B) of Council's resolution of 21 February 2005, note that Draft South Sydney Local Environmental Plan 1998 - Amendment No. 9 be forwarded to the Department of Planning under Section 68(4) of the Environmental Planning and Assessment Act 1979.
Carried unanimously.
Monday 28 August 2006 868
ITEM 10.8
DRAFT URBAN DESIGN STUDY REPORT: WATERLOO AND REDFERN (S034659)
It is resolved that:
(A) Council endorse the Draft Waterloo and Redfern Draft Urban Design Report for public display and feedback for a minimum period of 28 days;
(B) Council note that the Draft Waterloo and Redfern Draft Urban Design Report will be placed on the City Plan website, and hard copies will be available at the One Stop Shop and Neighbourhood Service Centres, and that copies of the report will be sent to community groups and selected significant stakeholder organisations for comment;
(C) Council endorse the Disclaimer, shown at Attachment A to the subject report, to be included with the Draft Waterloo and Redfern Draft Urban Design Report, which explains the current status of the Draft Urban Design Report; and
(D) an exhibition of findings be held during the exhibition period at Redfern Town Hall, with City staff available to assist participants in understanding the study. The meeting shall be advised by leaflet in the study area (including a summary of the study), local paper advertising and notification on the City's website.
Carried unanimously.
Note. The Lord Mayor thanked and commended staff for their valuable work on the Draft Urban Design Study for Redfern and Waterloo, the Millers Point and Walsh Bay Heritage Review and the Rosebery Heritage Assessment Draft Study.
ITEM 10.9
MILLERS POINT AND WALSH BAY HERITAGE REVIEW (S022297)
It is resolved that Council:
(A) endorse the Draft Millers Point and Walsh Bay Heritage Review (including Inventory Sheets) for public exhibition for a period of 28 days;
(B) note that during the exhibition the draft Heritage Review will be placed on the City Plan webpage (a subsite within the City of Sydney website), and hard copies will be available at the CBD Service Centre and Customs House Library, and copies of the report will be sent to community groups and selected significant stakeholder organisations for comment; and
(C) endorse the notification of property owners of the proposed heritage items.
Carried unanimously.
869 Monday 28 August 2006
ITEM 10.10
ROSEBERY HERITAGE ASSESSMENT DRAFT STUDY (S047455)
It is resolved that Council:
(A) endorse the Rosebery Heritage Assessment Draft Study, shown at Attachment A to the subject report, for public exhibition for a minimum of 28 days;
(B) note that the Draft Study will be placed on the City Plan webpage and the Heritage Information webpage (being sub-pages of the City of Sydney website) and that copies will be made available at the One Stop Shop and Neighbourhood Service Centres; and
(C) note that an assessment of the sixteen (16) proposed heritage items in the Draft Study will be undertaken. A report will be brought back to Council upon completion of this assessment.
Carried unanimously.
ITEM 10.11
AMENDMENT TO SOUTH SYDNEY DEVELOPMENT CONTROL PLAN 1997 - PRECINCT G: GREEN SQUARE - PROPOSED PUBLIC EXHIBITION (S029610)
It is resolved that:
(A) Council endorse the Draft South Sydney Development Control Plan 1997: Urban Design – Precinct G: Green Square, as circulated separately to this report, for public exhibition in accordance with the Environmental Planning and Assessment Regulation 2000;
(B) Council adopt the Draft South Sydney Development Control Plan 1997: Urban Design – Precinct G: Green Square, as circulated separately to this report, as an Interim Policy from the first day of its exhibition period; and
(C) authority be delegated to the Chief Executive Officer to make any minor drafting changes that may be required as a result of consideration of the Draft South Sydney Development Control Plan 1997: Urban Design – Precinct G: Green Square by Council.
Carried.
Monday 28 August 2006 870
ITEM 10.12
DRAFT HERITAGE STREETSCAPES STUDY: PROPOSED EXHIBITION (S042831)
It is resolved that:
(A) Council endorse the Draft Heritage Streetscapes Study 2006, shown at Attachment A to the subject report for public exhibition for a period of 28 days;
(B) Council endorse the removal HS9a Regent Street, Redfern from Schedule 2B Heritage Streetscapes Areas in Draft South Sydney Local Environmental Plan 1998 Amendment No. 9, and the removal of HS5 Elizabeth St, Surry Hills and HS7 Joynton Avenue, Zetland from the future City Plan LEP Schedule of heritage streetscapes. Draft Inventory Sheets and Building Contribution Maps of these three heritage streetscapes are contained within Attachment A;
(C) Council note that the Draft Heritage Streetscapes Study 2006 will be placed on the City Plan website, and hard copies will be accessible at Council’s Service Centres; and
(D) further study be undertaken to research the implications of each proposed heritage conservation area recommended in the Draft Heritage Streetscapes Study 2006.
Carried unanimously.
ITEM 10.13
DRAFT LOCAL ENVIRONMENT PLAN AND DRAFT DEVELOPMENT CONTROL PLAN FOR EXEMPT AND COMPLYING DEVELOPMENT – PROPOSED PUBLIC EXHIBITION (S026214)
It is resolved that:
(A) the Draft City of Sydney Local Environmental Plan 2006 - Exempt and Complying Development as shown at Attachment A to the subject report, be endorsed for public exhibition for a minimum period of 28 days, subject to the issue of a Section 65 Certificate by the NSW Department of Planning and in accordance with the requirements of Section 66 of the Environmental Planning and Assessment Act 1979;
(B) the Draft City of Sydney Exempt and Complying Development Control Plan 2006, as shown at Attachment B to the subject report, be endorsed for public exhibition for a minimum period of 28 days, concurrently with the draft LEP referred to in (A) above in accordance with the Environmental Planning and Assessment Regulation 2000; and
(C) authority be delegated to the Chief Executive Officer to make any minor drafting amendments to the Draft City of Sydney Local Environmental Plan 2006 - Exempt and Complying Development and/or the Draft City of Sydney Exempt and Complying Development Control Plan 2006 should amendments be required following consideration of these by the Central Sydney Planning Committee and the Council.
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Note. The recommendation of the Planning Development and Transport Committee was not carried.
At the meeting of Council, it was moved by Councillor McInerney, seconded by the Chair (the Lord Mayor) -
It is resolved that:
(A) the Draft City of Sydney Local Environmental Plan 2006 - Exempt and Complying Development, as shown at Attachment A to the subject report, be endorsed for public exhibition for a minimum period of 28 days, subject to the issue of a Section 65 Certificate by the NSW Department of Planning and in accordance with the requirements of Section 66 of the Environmental Planning and Assessment Act 1979;
(B) the Draft City of Sydney Exempt and Complying Development Control Plan 2006, as shown at Attachment B to the subject report, be endorsed for public exhibition for a minimum period of 28 days, concurrently with the Draft LEP referred to in clause (A) above, in accordance with the Environmental Planning and Assessment Regulation 2000; and
(C) authority be delegated to the Chief Executive Officer to make any minor drafting amendments to the Draft City of Sydney Local Environmental Plan 2006 - Exempt and Complying Development and/or the Draft City of Sydney Exempt and Complying Development Control Plan 2006 should amendments be required following consideration of these by the Council.
Carried unanimously.
ITEM 10.14
SELECTED HERITAGE CONSERVATION AREAS DRAFT STUDY 2005 – REPORT ON SUBMISSIONS (S2026084)
It is resolved that Council:
(A) adopt the Selected Heritage Conservation Areas Study 2005, as shown at Attachment C to the subject report and adopt the recommended boundary changes at Attachment B to the subject report;
(B) note that the findings of the Study relating to heritage conservation area boundaries will be implemented in the new City Plan Local Environmental Plan (and that material within the studies may experience minor changes as it is translated into the City Plan), with two exceptions, being:
(1) the Burren Estate heritage conservation area, where the proposed boundary change includes an area currently under Sydney Regional Environmental Plan No. 26 (SREP26) – Eveleigh Precinct, and inclusion of this area in the Burren Estate heritage conservation area will be subject to negotiation with and approval of the NSW Department of Planning; and
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(2) the proposed creation of a new “Eveleigh Street” heritage conservation area proposed within what is currently the Darlington heritage conservation area (CA17). This area is proposed to be governed by State Environmental Planning Policy – Major Projects, and achievement of this additional heritage conservation area will be subject to negotiation with the Redfern Waterloo Authority, the NSW Department of Planning and the Metropolitan Local Aboriginal Land Council, and the approval of the Redfern Waterloo Authority and the NSW Department of Planning.
(C) note that the findings of the Study relating to Building Contributions maps will be implemented in the new City Plan Development Control Plan (and that material within the studies may experience minor changes as it is translated into the City Plan); and
(D) note that the heritage inventory assessment reports produced for each heritage conservation area within the Study will be incorporated into the City’s heritage database.
Carried unanimously.
Speaker
Mr Andrew Woodhouse addressed the meeting of the Planning Development and Transport Committee (Planning Policy Sub-Committee) on Item 10.14.
ITEM 10.15
DRAFT SOUTH SYDNEY LOCAL ENVIRONMENTAL PLAN 1998 (AMENDMENT NO. 17) – GREEN SQUARE TOWN CENTRE (S043180-03)
It is resolved that Council:
(A) note the changes recommended by Parliamentary Counsel to the Draft South Sydney Local Environmental Plan 1998 (Amendment No. 17) – Green Square Town Centre, as shown at Attachment C to the subject report;
(B) in accordance with clause (B) of Council’s resolution of 10 April 2006, as shown at Attachment A to the subject report, request the Draft South Sydney Local Environmental Plan 1998 (Amendment No. 17) – Green Square Town Centre be submitted to the Director-General of the Department of Planning under Section 68(4) of the Environmental Planning and Assessment Act 1979; and
(C) note that (to the extent that clause (C) of the resolution dated 10 April 2006 intended to effect exclusion of certain provisions), the intent is consistent with the changes recommended by Parliamentary Counsel.
Note. The recommendation of the Planning Development and Transport Committee was not carried.
At the meeting of Council, it was moved by Councillor McInerney, seconded by the Chair (the Lord Mayor) -
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It is resolved that Council:
(A) note the changes recommended by Parliamentary Counsel to the Draft South Sydney Local Environmental Plan 1998 (Amendment No. 17) - Green Square Town Centre, as shown at Attachment C to the subject report;
(B) in accordance with clause (B) of Council's resolution of 10 April 2006, request the Draft South Sydney Local Environmental Plan 1998 (Amendment No. 17) - Green Square Town Centre (known as the draft plan) be submitted to the Director General of the Department of Planning under Section 68(4) of the Environmental Planning and Assessment Act 1979;
(C) note that Parliamentary Counsel has confirmed that the deferred matter will be excluded by reference to the zoning map; and
(D) note that, to the extent that clause (C) of Council's resolution of 10 April 2006 intended to effect exclusion of certain provisions, the intent is consistent with the recommendations by Parliamentary Counsel, and the provisions of the draft plan are deferred by reference to the zoning map.
Carried unanimously.
ITEM 10.16
GENERAL BUSINESS
No items of General Business were raised at the meeting of the Planning Development and Transport Committee.
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ITEM 11. QUESTIONS ON NOTICE
PURCHASE OF LAND AT 9 ALFRED ROAD, FOREST LODGE (REAR OF 77 HEREFORD ST) GLEBE (S044455)
1. By Councillor Firth
Question
Could the CEO please provide Councillors with an update on negotiations with the Department of Lands on the purchase of the crown land at 9 Alfred Road, Forest Lodge.
Could the CEO please advise:
(i) How many times the CEO has met with the Department of Lands on this issue? (ii) What is the current status of negotiations? Is Council close to coming to an agreement with the Department of Lands over the ownership and maintenance of this land? (iii) What further action can the Council take to ensure that this valuable piece of open space comes under the ownership of Council?
Answer by the Chief Executive Officer
(i) I have met with the Director General of the Department of Lands once on 24 May 2006 to discuss the issue of land at 9 Alfred Road, Forest Lodge. I then spoke to the Director General twice to follow up on our discussions. I wrote a letter on 5 July 2006 summarising our meeting and requesting a formal response so it could be reported to Council. The Properties Unit has also spoken to the Department several times to pursue this issue.
(ii) The Department of Lands undertook to speak to the owners of properties adjoining 9 Alfred Road regarding options for future ownership of the land. The City is waiting on advice from the department before negotiations can continue.
(iii) Until we have received advice from the Department of Lands on the future of the site, the City is unable to determine the appropriate action to be taken.
PARKING OUTSIDE THE UNION CHILDCARE CENTRE, LANDERS STREET DARLINGTON (S044455)
2. By Councillor Firth
Question
I have been approached by a parent with a child at the Union Childcare Centre who has been booked in the fifteen minute drop off zone in Landers Street Darlington while picking up her sick child from the Centre.
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Could Council provide the Union Childcare Centre will a special parking pass to allow a parent/carer to park for a longer period in the fifteen minute drop off zone outside the centre?
If that is not possible, is there another solution that could be found that would allow parents to park for longer outside the centre, such as making one of the parking spaces restricted to thirty minutes of parking instead of fifteen?
Answer by the Lord Mayor
The 15-minute drop-off zone is intended to cater for parents to drop-off their children or other short-stay parking purposes only. There is intense demand for the limited amount of on-street parking in the inner city and consequently exemptions or exclusive parking for Child Care Centre visitors or staff is not appropriate as this would adversely impact on parking for residents.
Landers Street and other nearby streets in Darlington have 2-hour parking restrictions which can be used by parents or child care centre visitors if they need to park for longer than 15-minutes.
ITEM 12. SUPPLEMENTARY ANSWERS TO PREVIOUS QUESTIONS (SO44317)
There were no Supplementary Answers to Questions on Notice or Questions Without Notice.
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ITEM 13. NOTICES OF MOTION (SO44317)
NUCLEAR FREE ZONE (S044431)
1. Moved by Councillor Harris, seconded by Councillor Pooley -
That Council:
1. believes that the future lies in renewable energy and that the critical threat of global warming in particular demands that we urgently develop and expand our renewable energy resources while committing to energy efficiency and demand management;
2. believes that the issues of finite resources, mining, safety, waste, weapons and cost associated with the nuclear cycle completely rule it out as an option;
3. calls on the Federal Government and the Federal Opposition to phase out the uranium mining industry, in the first instance by preventing and opposing the establishment of any more uranium mines in Australia;
4. reaffirms its declaration of the City of Sydney as a nuclear free zone;
5. resolves to re-erect "Nuclear Free Zone" signs at suitable entry points to the City of Sydney LGA as soon as possible;
6. writes to the Prime Minister concerning the above and also expressing its distress and exasperation at the Federal Government's:-
withdrawal of support for research and development of renewable energy sources failure even to adopt the Kyoto Protocol apparent support for an expansion of the nuclear industry in Australia;
7. writes to the Federal Opposition Leader concerning the above and expressing its grave concern at his apparent support for an expansion of the nuclear industry in Australia;
8. writes to the Federal Member for Sydney concerning the above and seeks her support for this initiative
9. writes to the Premier concerning the above and congratulates him on his decisive and categorical rejection of nuclear power for NSW.
Amendment. Moved by Councillor Kemmis, seconded by Councillor McInerney -
That the motion be amended by:
(A) the deletion of clauses 2, 3 5, 7, 8 and 9; and
(B) replacing clause 6 with the following:
(i) calls on the Federal Government to :
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(a) expand support for research and development of renewable energy sources;
(b) adopt the Kyoto Protocol; and
(c) ensure comprehensive and informed public debate on nuclear policy prior to any changes in current Federal policy, legislation or regulation.
Following discussion, and at the request of the Chair (the Lord Mayor), Councillor Kemmis agreed to vary her amendment to include the deletion of clause 4 of the motion.
The amendment moved by Councillor Kemmis was carried on the following show of hands -
Ayes (7) The Lord Mayor, Councillors Black, Hoff, Kemmis, Lee, Mallard and McInerney.
Noes (2) Councillors Harris and Pooley.
Amendment carried.
Amendment. Moved by Councillor Pooley, seconded by Councillor Harris -
That the substantive motion be amended by the addition of the following clause:
reaffirms its declaration of the City of Sydney as a nuclear free zone, except for isotopes for medical purposes.
This amendment was lost on the following show of hands -
Ayes (2) Councillors Harris and Pooley.
Noes (7) The Lord Mayor, Councillors Black, Hoff, Kemmis, Lee, Mallard and McInerney.
The substantive motion was carried unanimously.
The motion, as adopted by Council, is as follows:
It is resolved that Council:
1. believes that the future lies in renewable energy and that the critical threat of global warming in particular demands that we urgently develop and expand our renewable energy resources while committing to energy efficiency and demand management; and
2. calls on the Federal Government to :
(i) expand support for research and development of renewable energy sources;
(ii) adopt the Kyoto Protocol; and
(iii) ensure comprehensive and informed public debate on nuclear policy prior to any changes in current Federal policy, legislation or regulation.
Carried unanimously.
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Extension of Time
During discussion on this matter, pursuant to the provisions of Clause 250(3) of the Local Government (General) Regulation 2005, it was -
Moved by Councillor Pooley, seconded by Councillor Lee -
That Councillor Harris be granted an extension of time of one minute to speak on this matter.
The motion was carried on the following show of hands -
Ayes (8) The Lord Mayor, Councillors Black, Harris, Hoff, Kemmis, Lee, McInerney and Pooley.
Noes (1) Councillor Mallard.
Carried.
WILLIAM STREET BIKE LANES (S044431)
2. Moved by Councillor Harris, seconded by Councillor Pooley -
The City of Sydney Council expresses its opposition to the decision to remove the bicycle lanes on both sides of William St between Palmer St and the Kings Cross Tunnel.
Further Council resolves to do everything in its power to restore the bicycle lanes on William St. and will investigate the various options for the relevant section of William St to achieve this, including but not limited to:
1. Removal of indented parking 2. Narrowing of the footpath 3. Creation of a shared cycle/pedestrian zone
Amendment. Moved by Councillor McInerney, seconded by Councillor Hoff -
That the motion be amended by the deletion of all words after the first paragraph and the substitution of the following:
Further, Council expresses its opposition to the Roads and Traffic Authority's continued plans to remove cycleways on Kings Cross Road and Craigend Street, despite the Minister for Planning's previous refusal to approve their removal.
Council confirms its resolution of Monday 26 June 2006 to work with the Minister for Roads and the Minister for Planning to seek beneficial amendments to the RTA's proposed modifications in line with the following principles:
(1) bicycle lanes linking the CBD and New South Head Road are retained;
(2) footpath widening along William Street and Park Street is retained;
(3) public transport priority measures are retained;
879 Monday 28 August 2006
(4) intrusive through traffic on local streets in residential areas is minimised;
(5) adequate traffic impact assessment is undertaken; and
(6) adequate consultation with affected residents and businesses is undertaken.
Further, that Council officers investigate other ways of achieving continuity of bicycle provision and that options be referred to the Bicycle Steering Committee.
Point of Order
Councillor Pooley raised a point of order in that what Councillor McInerney proposed was not an amendment, but a complete variance to the original motion and should be taken as a foreshadowed alternative motion.
The Chair (the Lord Mayor) upheld the Point of Order.
Councillor McInerney then foreshadowed a motion in the same terms as his previously proposed amendment.
The motion moved by Councillor Harris was then put to the vote and was lost on the following show of hands -
Ayes (1) Councillor Harris.
Noes (8) The Lord Mayor, Councillors Black, Hoff, Kemmis, Lee, Mallard, McInerney and Pooley.
Motion lost.
Councillor McInerney then moved the motion in the same terms as his previously proposed amendment, seconded by the Chair (the Lord Mayor) -
The motion moved by Councillor McInerney was carried unanimously.
The motion, as adopted by Council, is as follows:
The City of Sydney Council expresses its opposition to the decision to remove the bicycle lanes on both sides of William Street between Palmer Street and Kings Cross Tunnel.
Further, Council expresses its opposition to the Roads and Traffic Authority's continued plans to remove cycleways on Kings Cross Road and Craigend Street, despite the Minister for Planning's previous refusal to approve their removal.
Council confirms its resolution of Monday 26 June 2006 to work with the Minister for Roads and the Minister for Planning to seek beneficial amendments to the RTA's proposed modifications in line with the following principles:
(1) bicycle lanes linking the CBD and New South Head Road are retained;
(2) footpath widening along William Street and Park Street is retained;
(3) public transport priority measures are retained;
Monday 28 August 2006 880
(4) intrusive through traffic on local streets in residential areas is minimised;
(5) adequate traffic impact assessment is undertaken; and
(6) adequate consultation with affected residents and businesses is undertaken.
Further, that Council officers investigate other ways of achieving continuity of bicycle provision and that options be referred to the Bicycle Steering Committee.
Carried unanimously.
GRANTING OF OWNER’S CONSENT BY COUNCIL (S044433)
3. By Councillor McInerney -
Where a development application is made for property owned by Council, a single composite report be forwarded in the first instance to the Planning, Development and Transport Committee. This report to include both property and planning assessments, so that in determining owners consent, the Council will have sufficient planning advice and assessment to allow an informed decision.
Note - At the meeting of Council, the content of the original Notice of Motion was varied by Councillor McInerney. Subsequently, it was -
Moved by Councillor McInerney, seconded by Councillor Lee -
Where a development application is made for property owned by Council, a single composite report be forwarded in the first instance to the Planning, Development and Transport Committee. This report to include both property financial resource implications and planning assessments, so that in determining owners consent, the Council will have sufficient planning advice and assessment to allow an informed decision with respect to the granting of owner's consent.
Amendment. At the request of the Chair (the Lord Mayor), and by consent, the motion was amended by the deletion of the entire motion and the substitution of the following new motion -
That consideration of this matter be deferred to enable the Chief Executive Officer to seek advice on the planning and financial implications and report back to Council.
Motion, as amended by consent, carried.
At 8.29pm the meeting concluded.
Chair of a meeting of the Council of the City of Sydney held on 18 September 2006 at which meeting the signature herein was subscribed.