Summary of Actions Arising (SOA) 2018 - Lavender Bay Precinct This document is North Sydney Council’s response to actions arising from Precinct Committee Minutes. On receipt of the minutes, actions are numbered and allocated to relevant Council Officers for response. To effectively manage and provide clarity, all actions are allocated a status when reporting to Precinct Committees in response to their minutes. There are three categories: Awaiting Response - action allotted to Council Officer - response awaited. Open/Ongoing - action allocated to Council Officer, initial response provided. Matter ongoing and further response/update to be provided at later date. Closed for Council - Council either completed related works/tasks or has taken all reasonable steps within its power to resolve issue (for example when matter is beyond its jurisdiction). If the Precinct Committee feels Council can take further steps, they can request Council reopen action. Questions or concerns re content of this document should be directed to [email protected]. Month Item Actions Council’s Reply Status July 3 Luna Park clifftop: Lavender Bay Precinct Committee Precinct Committee’s comments noted, no action for Closed for asks the Minister for Planning (as consent authority for Council. Council the Luna Park site) to take urgent steps to ensure that the contaminated spoil is removed safely, that the area around the base of the trees is mulched, and that a watering system is installed for the health of the fig trees. Carried unanimously 4 3 East Crescent Street, McMahons Point: The Council’s Manager Parks and Reserves has advised that at Closed for meeting heard that the developer has taken legal action the 30 July 2018 Council meeting, a Mayoral Minute Council to obtain owners’ consent for the removal of the heritage (MM04: Endangered Native Trees at Both McMahons trees on Harbourside Apartments’ land. The owners Point and Milsons Point) was put and resolved (Min. No. have asked Council to register the trees as significant, 240): and received advice that removing them may threaten 1. THAT Council investigate the circumstances relating to the the stability of the heritage-listed ferry access steps. proposed removal of the three Box Gums located near the Motion: Lavender Bay Precinct Committee again asks foreshore at 1a Henry Lawson Drive. Council to protect and preserve the trees behind 3 East 2. THAT Council make all reasonable efforts to ensure the trees Crescent Street, McMahons Point, and notes that are retained and protected during the construction process. removal of the trees may prejudice the stability of the 3. THAT Councillors receive an update on the matter via the walkway, with potential costs to Council. Carried Councillor Bulletin and that a copy of this Mayoral Minute and unanimously. Page 1 of 15 Month Item Actions Council’s Reply Status any freshly obtained information be sent to Lavender Bay Precinct. 4. THAT Council promptly investigate the situation in Northcliff Street, Milsons Point and assess the health of this tree and take necessary action to ensure the longevity of this highly valued fig tree. 6 Chairpersons Report - 1 Henry Lawson Avenue, Precinct Committee’s comments noted, no action for Closed for McMahons Point: In December 2017, the Minister for Council. Council Planning confirmed that the NSW Government wants to buy the land, because it recognises the benefits it would have for the community should it become public open space, and advised that the Department of Planning and Environment had written to the landowners to reopen negotiations to buy the property. The Chair will write to Felicity Wilson asking for an update. 8 Development Applications Determined - 34 East Council’s Manager Development Services has advised that Closed for Crescent Street, McMahons Point (408/2014/4): the matter at 34 East Crescent Street was resolved by Council Modify consent to construct a new roof terrace with consent orders on the basis of amended plans submitted to external spiral stair and a new spa pool at ground level. the Court during the S34 conciliation process. These did Precinct objected to this application in June. Consent not increase the impact of the proposal on neighbours and given 10 July 2018, based on amended plans submitted therefor did not require re-notification under current on 8 June. policy. There is no intent to shut the community out in Motion: Lavender Bay Precinct Committee notes with such matters but it must be recognised that these concern in regard to 34 East Crescent Street, McMahons proceedings are conducted under the Courts rules and not Point, that the developer constructed the new roof the Council's. These processes are based around the parties terrace and spa pool without development consent or which in these proceedings were the Developer and the approval. Despite the lack of consent, the developer Council. Concerns about community engagement are not participated in a Land and Environment Court inspection uncommon in these forms of proceedings and reflect in and consent was given without Precinct being given any some cases the speed in which they are required to be opportunity to see amended plans which had been resolved by the Court process. The result is less than ideal submitted astonishingly on a confidential basis. but beyond Council’s control. Summary of Actions Arising 2018 - Lavender Bay Precinct Page 2 of 15 Month Item Actions Council’s Reply Status Precinct wishes to convey its disapproval of protocols and processes shutting out the community. Carried unanimously. 10 General Business - Pedestrian hazard: Earlier this UPDATE (20 AUGUST 2018) Closed for year, Precinct reported a bad section of footpath on the Council’s Executive Coordinator, Engineering and Council Bradfield Highway just north of Lavender Street, Property Services has advised that footpath reconstruction Milsons Point. Precinct asks Council to arrange repairs along the Bradfield/Pacific Highway north of Lavender to this section. Street was completed in May 2018. Further information on the exact location is required if the section of footpath referred to was not rectified in the above works. June 4 Public open space - Council held several workshops Council’s Manager Strategic Planning has advised that this Closed for and a walkshop to review public domain ideas that had matter keeps getting raised and the notion that the Blue Council been developed in Phase 1 of the CBD Public Domain Street Special Area is an area of public open space, is Strategy. incorrect. The current Planning Proposal which is nearing Motion: Lavender Bay Precinct Committee endorses the gazettal, proposed that the Blue Street Special Area be retention of public open space in Blue Street, North deleted. This impacts on the solar access of this this space Sydney, and would like the existing area above North between 12-2pm, however, it remains in private ownership Sydney railway station to remain public open space. and all other controls, including height limit, remain Carried unanimously. exactly the same. The land is zoned commercial B2 with a modest height limit of approximately 3 storeys. The land is not in public ownership. World Cup screening - Several residents had reported Precinct Committee’s comments noted by Manager North Closed for noise and light interference from a screening of a World Sydney Olympic Pool. Council Cup match at North Sydney Pool on 21 June. Advertising on Greenwood pedestrian bridge and UPDATE (18 July 2018) Closed for inventory of bus stops - At its May meeting, Precinct The Precinct Committee’s position is noted by Council’s Council passed a motion reminding Council of its previous Manager Development Services. consultation in 2007 and confirming that Precinct’s opposition remains unchanged. Council also refused DA Council has called for a report regarding the feasibility of 35/10 in December 2010. electronic signage on both the Greenwood Bridge and the Council bus shelters. This report is being prepared by Summary of Actions Arising 2018 - Lavender Bay Precinct Page 3 of 15 Month Item Actions Council’s Reply Status Motion: Lavender Bay Precinct Committee asks Engineering and Property Services. It will most likely go Council to note that the Precinct opposes advertising on to the 27 August meeting or 24 September 2018 at the the Greenwood pedestrian bridge and bus stops. Carried latest. The planning aspects of this proposal will be unanimously. covered in the briefing report. If the Council resolves to proceed in this direction, then public consultation and a Development Application process will follow. Borrowing of DA plans - Council has proposed Precinct Committee’s comments noted by Manager Closed for changes to the length of time that DA plans can be Integrated Planning and Special Projects. Council borrowed by Precinct Committees, i.e. borrowing the Customer Service Centre copy overnight instead of a 72- hour loan. The meeting felt that the reduced period was too short and would place additional demands on Precinct officers. Motion: Lavender Bay Precinct Committee asks Council to maintain the existing arrangements for borrowing of DA plans. Carried. 34 East Crescent Street, McMahons Point - A Land Council’s Senior Assessment Officer (Planning) has Closed for and Environment Court conciliation conference about advised that amended plans were submitted to Council in Council DA 408/2014/4 (roof terrace with external spiral stair order to address concerns raised by Council. These plans and spa pool at ground level) will commence on site at were in-confidence and without prejudice. Council had no 9.30am on Tuesday 3 July. Objectors should have power to publicly exhibit the amended drawings. The received a letter from Council advising that they have amended drawings were admitted into the Section 34 the opportunity to address the Commissioner by advising discussion in accordance with Court procedure. Submitters Council. had an opportunity to address and raise issues with the Precinct remains concerned about an LEC process that Commissioner on site as part of the Section 34 conference.