Minutes 16/11/99

BLUE MOUNTAINS CITY COUNCIL

ORDINARY MEETING

16 NOVEMBER 1999

INDEX

MINUTE FILE REFERENCE NO. NO. SUBJECT PAGE NO.

558 C00336 Confirmation of Minutes - Ordinary Meeting, 26/10/99 1 559 C00336 Procedural - Disclosures of Interests, 16/11/99 2 560 X98/0905 Development Application No. X98/0905 for Redevelopment of the Katoomba Golf Course, Corner Narrow Neck Road, Cliff Drive and Acacia Street, Katoomba, including Construction of a 120 Room Hotel, Construction of 102 Residential Units, Alterations to the Clubhouse, Alterations to the Golf Course and Subdivision of the Land into Five Lots 2 561 C03150 Draft Local Environmental Plan 1997 and City Planning Business Plan 3 562 H01057 Hawkesbury-Nepean Catchment Integrated Water Monitoring Framework 3 563 C00944 Community Assistance/Donations - Recommendations by Councillors 4 564 C00070 Sydney Water Corporate Customer Council Vacancy - Local Government Representative from the Greater Western Sydney Area 4 565 C00070 Sydney Water Corporate Customer Council Vacancy - Local Government Representative from the Greater Western Sydney Area - Nomination of Representative 4 566 X99/1003 Development Application for Proposed Retirement Unit Complex Comprising Fourteen (14) Units in Accordance with State Environmental Planning Policy No. 5 (SEPP 5) at Lot 1, DP 8887 and Lot 12, DP 880226, 42 and 43 Green Parade, Valley Heights 5 567 C03220 Review of the Introduction of Contestable Work into the Development Management Functions 5 568 C00815 Draft Policy on Contaminated and Potentially Contaminated Land 6 569 C00980 Purchase of Land - Lot 7, Section B, DP 6564, 16 Iris Street, Wentworth Falls 6 570 C00694 Schedule of Invested Monies 7 571 C02996 Budget and Capital Works Programme Reviews C03036 for September Quarter 1999 7 BLUE MOUNTAINS CITY COUNCIL

ORDINARY MEETING

16 NOVEMBER 1999

INDEX - PAGE 2

MINUTE FILE REFERENCE NO. NO. SUBJECT PAGE NO.

572 C00696 Additional Car Park - Southern Side of Railway Line, Western end of Springwood Shopping Centre 7 573 C00534 Local Traffic Committee 9 574 C00534 Local Traffic Committee - Item 99-139 9 575 C00534 Local Traffic Committee - Item 99-151 9 576 C02365 State Environmental Planning Policy No. 53 - Metropolitan Residential Development 10 577 H00048 Provision of Skateboard Facilities - Blackheath Pt3 10 578 C00057 Nuclear Reactor - Lucas Heights C00081 11 579 C00081 City of Blue Mountains - Nuclear Free Zone Pt 3 12 580 C00081 Transport of Radioactive Waste through the Blue Mountains 13 581 Free Transport to Sydney 2000 Paralympic Games 13 582 C00680 Precis of Selected Correspondence, 16/11/99 14 583 C00336 Procedural - Question that Meeting Adjourn 14

* * * * * * * * * * BLUE MOUNTAINS CITY COUNCIL

Minutes of the Ordinary Meeting of the Council of the City of Blue Mountains held in the Council Chamber, Administrative Headquarters, Civic Place, Katoomba on Tuesday, 16 November 1999, commencing at 7:35 pm.

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There were present:

The Mayor (Councillor Jim Angel) in the Chair, and Councillors Burridge, Egan, Gaul, Greenhill, Hamilton, Henson, Kime, Kozelj, Myles, Searle and Van der Kley.

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In attendance:

General Manager, Group Manager Assets and Corporate Services, Group Manager Health and Development, Group Manager Strategic Planning, Group Manager Operations, Executive Services Manager, Manager Finance, Manager Development Team East, Manager Development Team West, Manager Specialist Development Team, Manager City Planning, Manager Environmental Systems Planning, Principal Strategic Planner, Manager Client Services, Manager Technical Services, Senior Project Officer, and Word Processing Co- ordinator.

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Prayer / Reflection:

The Prayer / Reflection was read by the Mayor.

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MINUTE NO. 558

C00336. Confirmation of Minutes - Ordinary Meeting, 26/10/99

RESOLVED UNANIMOUSLY on the MOTION of Councillors Hamilton and Kime that the Minutes of the Ordinary Meeting of 26 October be confirmed.

* * * * * * * * * * Ordinary Meeting, 16/11/99

DISCLOSURES OF INTERESTS, 16/11/99

MINUTE NO. 559

C00336. Procedural - Disclosures of Interests, 16/11/99

Councillor Greenhill made a declaration of interest in Item 19 - Free Transport to Sydney 2000 Paralympic Games as this is a matter that receives consideration in the offices of New South Wales Government Ministers.

Councillor Searle made a declaration of interest in Item 19 - Free Transport to Sydney 2000 Paralympic Games as this is a matter that receives consideration in the offices of New South Wales Government Ministers.

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NOTICE OF RESCISSION, 16/11/99

MINUTE NO. 560

1. X98/0905. Development Application No. X98/0905 for Redevelopment of the Katoomba Golf Course, Corner Narrow Neck Road, Cliff Drive and Acacia Street, Katoomba, including Construction of a 120 Room Hotel, Construction of 102 Residential Units, Alterations to the Clubhouse, Alterations to the Golf Course and Subdivision of the Land into Five Lots

A MOTION was moved by Councillors Gaul and Kozelj that the decision on Item 5 - Development Application No. X98/0905, of 26 October 1999 be rescinded.

Upon being PUT to the Meeting, the MOTION was LOST, the voting being:

For Against

Councillors Angel Councillors Egan Burridge Greenhill Gaul Hamilton Henson Kime Kozelj Myles Searle Van der Kley

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2 Ordinary Meeting, 16/11/99

OFFICERS’ REPORTS, 16/11/99

MINUTE NO. 561

2. C03150. Draft Local Environmental Plan 1997 and City Planning Business Plan

The Meeting was addressed by Michael Parker.

RESOLVED UNANIMOUSLY on the MOTION of Councillors Hamilton and Greenhill:

1. That the report from the Group Manager Strategic Planning be received.

2. That Council note the work undertaken to date on the review of Draft LEP 1997 and associated Development Control Plans and the external factors that have impacted on the review program.

3. That Council note the revised timetable for completion of the review program and the public exhibition of Draft LEP 1997 and associated Development Control Plans identified in this report including the separate and prior exhibition of the Heritage Study and associated Draft Heritage Schedule.

4. That Council note the deferral, from the City Planning Business Plan for 1999/2000, of the projects identified in Table 3 in the body of this report to enable all available staff resources to continue to be engaged in the completion of Draft LEP 1997 for the remainder of the review period. Further, that the ultimate timeframe for those deferred projects be determined in line with Council’s consideration of its priorities during the forthcoming review of the Four Year Management Plan.

5. That Council note the need to minimise the generation of additional projects/programs, or the expansion of existing projects/programs to be undertaken by the City Planning Branch for the remaining period associated with the review of Draft LEP 1997.

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MINUTE NO. 562

3. H01057. Hawkesbury-Nepean Catchment Integrated Water Monitoring Framework

RESOLVED UNANIMOUSLY on the MOTION of Councillors Hamilton and Henson that Council notes the importance of this work to the environmental management objectives for the Blue Mountains and continues to support the development and implementation of the Integrated Water Monitoring Framework.

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3 Ordinary Meeting, 16/11/99

MINUTE NO. 563

4. C00944. Community Assistance/Donations - Recommendations by Councillors

RESOLVED UNANIMOUSLY on the MOTION of Councillors Egan and Greenhill that Council approve the following donations from the Councillors’ Minor Local Projects Vote:-

Organisation Amount

BM Antar $200 Mountains Community Transport Inc $100 National Servicemen’s Association Blue Mountains & Districts Sub-Branch $100

Note: This allocation includes a further $100 for BM Antar from the Minor Projects Allocation for Councillor Gaul.

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MINUTE NO. 564

5. C00070. Sydney Water Corporate Customer Council Vacancy - Local Government Representative from the Greater Western Sydney Area

RESOLVED UNANIMOUSLY on the MOTION of Councillors Henson and Kozelj that Council recommend up to three nominations for the Local Government representative for the Greater Western Area of the Sydney Water Corporate Customer Council.

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MINUTE NO. 565

C00070. Sydney Water Corporate Customer Council Vacancy - Local Government Representative from the Greater Western Sydney Area - Nomination of Representative

RESOLVED UNANIMOUSLY on the MOTION of Councillors Henson and Kozelj that Council put forward the nomination of Councillor Gaul as Council’s representative on the Sydney Water Corporate Customer Council.

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4 Ordinary Meeting, 16/11/99

MINUTE NO. 566

6. X99/1003. Development Application for Proposed Retirement Unit Complex Comprising Fourteen (14) Units in Accordance with State Environmental Planning Policy No. 5 (SEPP 5) at Lot 1, DP 8887 and Lot 12, DP 880226, 42 and 43 Green Parade, Valley Heights

The Meeting was addressed by Kim Sewell, Morna Colbran and Colin Rash.

RESOLVED UNANIMOUSLY on the MOTION of Councillors Henson and Kime:

1. That Development Application No. X99/1003 for the construction of a retirement unit complex (for persons over 55 years of age) comprising fourteen (14) units at Lot 1, DP 8887 and Lot 12, DP 880226, 42 and 43 Green Parade, Valley Heights be refused for the following reasons:

(a) The proposed development is inconsistent with the provisions of State Environmental Planning Policy No. 5 particularly in regard to the location of the site and access for future residents to facilities and services.

(b) Approval of the subject development is not considered to be in the public interest.

(c) The subject proposal for fourteen (14) residential units fails to provide an adequate level of residential amenity for future residents of the units, particularly with regard to solar access to the units.

(d) The design of the development and siting of the buildings on the land and their relationship to adjoining properties is poor.

2. That Council undertake the preparation of a Development Control Plan or similar to provide more definitive development standards relating to SEPP 5 housing development in the Blue Mountains.

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MINUTE NO. 567

7. C03220. Review of the Introduction of Contestable Work into the Development Management Functions

RESOLVED UNANIMOUSLY on the MOTION of Councillors Van der Kley and Greenhill that the report on the approach to the introduction of contestable work into the Development Management Functions of Council be received and noted.

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5 Ordinary Meeting, 16/11/99

MINUTE NO. 568

8. C00815. Draft Policy on Contaminated and Potentially Contaminated Land

RESOLVED UNANIMOUSLY on the MOTION of Councillors Hamilton and Burridge that Council publicly exhibit the draft Policy on Contaminated and Potentially Contaminated Land.

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MINUTE NO. 569

9. C00980. Purchase of Land – Lot 7, Section B, DP 6564, 16 Iris Street, Wentworth Falls

A MOTION was moved by Councillors and Van der Kley and Greenhill:

1. That Council purchase Lot 7, Section B, DP 6564, 16 Iris Street, Wentworth Falls for $8,000.

2. That Council confirms its intention as set out in Minute No 427 of 7 September 1999 to classify the land as “Operational”.

3. That the Common Seal of Council be attached to the necessary documents.

Upon being PUT to the Meeting, the MOTION was CARRIED, the voting being:

For Against

Councillors Angel Councillors Gaul Burridge Kozelj Egan Greenhill Hamilton Henson Kime Myles Searle Van der Kley

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6 Ordinary Meeting, 16/11/99

MINUTE NO. 570

10. C00694. Schedule of Invested Monies

RESOLVED UNANIMOUSLY on the MOTION of Councillors Greenhill and Van der Kley that the Schedule of Invested Monies as at 31 October 1999 be received.

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MINUTE NO. 571

11. C02996. C03036. Budget and Capital Works Programme Reviews for September Quarter 1999

RESOLVED UNANIMOUSLY on the MOTION of Councillors Greenhill and Hamilton:

1. That the General Manager’s report incorporating the separate documents titled:

· Budget Review, September 1999 · Capital Works Programme Quarterly Review, September 1999

be noted.

2. That the proposed variations of income and expenditure, as identified in the document titled Budget Review, September 1999, be incorporated into the Adopted Budget and the funds be voted.

3. That progress on the Capital Works Programme Quarterly Review, including variations, be noted.

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MINUTE NO. 572

12. C00696. Additional Car Park – Southern Side of Railway Line, Western end of Springwood Shopping Centre

A MOTION was moved by Councillors Henson and Kozelj:

1. That the Local Area Traffic Committee be asked to consider and recommend that following the completion of the two additional parking decks on top of the current commuter car park at Springwood Station, on-street parking restrictions be imposed along the northern side of Macquarie Road west of Ferguson Road to provide additional short-term parking spaces for shoppers and business visitors to the western end of the Springwood Shopping Centre.

7 Ordinary Meeting, 16/11/99

MINUTE NO. 572 (CONTD.)

2. That Council, as outlined in the Business Report 25/6/96 meet its responsibility to remedy the shortfall created by approving the Health Centre at the western end of the Springwood Shopping Centre by pursuing the purchase of the land as identified in Option 1.

3. That consideration be given to the commissioning of a Study into parking needs and trends in the Springwood Town Centre.

An AMENDMENT was moved by Councillors Kime and Myles:

2. That consideration be given to the commissioning of a study into parking needs and trends in the Springwood Town Centre if the Local Area Traffic Committee does not support the rearrangement of on-street parking along the northern side of Macquarie Road west of Ferguson Road or if the rearrangement should subsequently prove unsatisfactory.

Upon being PUT to the Meeting, the AMENDMENT was CARRIED and BECAME the MOTION, the voting being:

For Against

Councillors Angel Councillors Burridge Egan Greenhill Gaul Henson Hamilton Kozelj Kime Searle Myles Van der Kley

Upon being PUT to the Meeting, the MOTION was CARRIED UNANIMOUSLY.

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8 Ordinary Meeting, 16/11/99

MINUTE NO. 573

13. C00534. Local Traffic Committee

RESOLVED UNANIMOUSLY on the MOTION of Councillors Greenhill and Egan:

1. That the recommendations as contained in the minutes of the Local Traffic Committee meeting held on the 3 November 1999 be ratified by Council, with the exception of Items 99-139 and 99-151.

2. That the Regional Director - Sydney Region, Roads and Traffic Authority, Blacktown and The Superintendent of Police Blue Mountains Area Command be advised in accordance with the above recommendations.

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MINUTE NO. 574

C00534. Local Traffic Committee - Item 99-139

RESOLVED UNANIMOUSLY on the MOTION of Councillors Henson and Kozelj that this item be ratified by Council and noted for information.

Councillor Gaul was not present in the Council Chamber when this matter was considered.

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MINUTE NO. 575

C00534. Local Traffic Committee - Item 99-151

RESOLVED UNANIMOUSLY on the MOTION of Councillors Henson and Kozelj that this item be ratified by Council and noted for information.

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9 Ordinary Meeting, 16/11/99

NOTICES OF MOTION, 16/11/99

MINUTE NO. 576

14. C02365. State Environmental Planning Policy No. 53 - Metropolitan Residential Development

A MOTION was moved by Councillors Egan and Myles:

1. That Council write to the Shadow Minister for Urban Affairs and Planning expressing support for the State Opposition promise to abolish SEPP 53 and SEPP 5.

2. That a copy of the letter be sent to the State Members for the Blue Mountains and Penrith, Mr Bob Debus and Mrs Faye Lo Po’.

Upon being PUT to the Meeting, the MOTION was LOST, the voting being:

For Against

Councillors Egan Councillors Angel Myles Burridge Van der Kley Gaul Greenhill Hamilton Henson Kime Kozelj Searle

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MINUTE NO. 577

15. H00048 Pt 3. Provision of Skateboard Facilities - Blackheath

RESOLVED UNANIMOUSLY on the MOTION of Councillors Hamilton and Van der Kley:

1. That Council’s Area 1 Working Group be requested, as a matter of urgency, to present options to the Council for the provision of skateboard facilities for the young people of Blackheath.

2. That in drawing up options, the Area 1 Working Group consult as widely as possible in the Blackheath area and with representatives of the skateboarders.

3. That the findings of the Working Group be presented in a report to Council as early as possible.

Councillor Burridge was not present in the Council Chamber when this matter was considered. * * * * * * * * * *

10 Ordinary Meeting, 16/11/99

MINUTE NO. 578

16. C00057. C00081. Nuclear Reactor - Lucas Heights

A MOTION was moved by Councillors Hamilton and Henson:

1. That Council states its opposition to the proposal to build a new nuclear reactor in Sydney and to the proposed nuclear waste dump in South Australia.

2. That Council opposes the transportation of radioactive waste through communities without the consent of local Councils.

3. That Council advise the Prime Minister and the Leader of the Federal Opposition of 1 and 2 above.

4. That Council calls upon the New South Wales Government to urgently review public disaster planning for areas at risk from nuclear accidents.

5. That Council will note and further discuss business arising out of the Australian Local Government Nuclear Free Zones and Toxic Industries Secretariat’s Annual General Meeting to be held at Erskineville Town Hall on 26 and 27 November 1999.

6. That the Federal Government be requested to investigate alternative means for the provision of medical radio-isotopes.

7. That Council write to New South Wales Councils located on the route between Sutherland and the South Australian border expressing its position on the nuclear waste transportation issue.

An AMENDMENT was moved by Councillors Kime and Myles:

1. That Council reaffirms its commitment to the City of the Blue Mountains being declared ‘a nuclear free zone’.

2. That Council calls upon the New South Wales Government to urgently review public disaster planning for areas at risk from nuclear accidents.

3. That Council will note and further discuss business arising out of the Australian Local Government Nuclear Free Zone and Toxic Industries Secretariat’s Annual General Meeting, on 26 and 27 November 1999.

4. That the Federal Government is requested to investigate alternative means for the provision of medical radio-isotopes.

5. That BMCC oppose the transportation of radioactive waste through the Blue Mountains.

11 Ordinary Meeting, 16/11/99

MINUTE NO. 578 (CONTD.)

6. That a letter be forwarded to the Hon John Howard, Prime Minister, the Hon Robert Hill, Minister for the Environment, Bob Carr, Premier NSW, Mr Kerry Bartlett, Member for Macquarie, Senator Nick Minchin SA, and Mr Bob Debus, Member for Blue Mountains re-affirming our objections.

Upon being PUT to the Meeting, the AMENDMENT was LOST, the voting being:

For Against

Councillors Egan Councillors Angel Kime Burridge Myles Gaul Greenhill Hamilton Henson Kozelj Searle Van der Kley

Upon being PUT to the Meeting, the MOTION was CARRIED, the voting being:

For Against

Councillors Angel Councillors Egan Burridge Myles Gaul Van der Kley Greenhill Hamilton Henson Kime Kozelj Searle

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MINUTE NO. 579

17. C00081 Pt 3. City of Blue Mountains - Nuclear Free Zone

RESOLVED UNANIMOUSLY on the MOTION of Councillors Gaul and Greenhill that Council re-affirm its commitment to the City of Blue Mountains being declared ‘a nuclear free zone’ and that the appropriate signs be replaced at the City boundaries.

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12 Ordinary Meeting, 16/11/99

MINUTE NO. 580

18. C00081. Transport of Radioactive Waste through the Blue Mountains

A MOTION was moved by Councillors Henson and Kozelj:

1. That BMCC oppose the transportation of radioactive waste through the Blue Mountains.

2. That a letter be forwarded to the Hon John Howard, Prime Minister, the Hon Robert Hill, Minister for the Environment, Bob Carr, Premier, Mr Kerry Bartlett, Member for Macquarie, Senator Nick Minchin (SA) and Mr Bob Debus, Member for Blue Mountains advising of our objection.

Upon being PUT to the Meeting, the MOTION was CARRIED, the voting being:

For Against

Councillors Angel Councillor Myles Burridge Egan Gaul Hamilton Henson Kime Kozelj Searle Van der Kley

During the course of debate Councillor Henson tabled a petition supporting the Notice of Motion.

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MINUTE NO. 581

19. Free Transport to Sydney 2000 Paralympic Games

RESOLVED UNANIMOUSLY on the MOTION of Councillors Van der Kley and Egan that Blue Mountains City Council write to the Minister for the Olympics, the Hon Michael Knight MP, and the Member for Blue Mountains, the Hon Bob Debus MP, to add the Blue Mountains to the free transport being given to all ticket holders to events during the Sydney 2000 Paralympic Games.

Councillors Greenhill and Searle were not present in the Council Chamber when this matter was considered.

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13 Ordinary Meeting, 16/11/99

PRECIS OF SELECTED CORRESPONDENCE, 16/11/99

MINUTE NO. 582

20. C00680. Precis of Selected Correspondence, 16/11/99

RESOLVED UNANIMOUSLY on the MOTION of Councillors Egan and Burridge that the Precis of Selected Correspondence be received and appropriate letters be forwarded where necessary.

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MINUTE NO. 583

C00336. Procedural - Question that Meeting Adjourn

As there was no further business before the meeting, the Mayor then PUT the QUESTION “that the Council Meeting now adjourn”.

Upon being PUT to the meeting, the QUESTION was AGREED TO UNANIMOUSLY, the time being 9.52 pm on Tuesday, 16 November 1999.

The Ordinary Meeting of the Council then adjourned until 7:30 pm on Tuesday, 23 November 1999 in the Council Chamber, Council Headquarters, 2 Civic Place, Katoomba.

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