MIN NO

MINUTES OF THE EXTRAORDINARY COUNCIL MEETING OF ASHFIELD COUNCIL, HELD ON LEVEL 6, CIVIC CENTRE, 260 LIVERPOOL ROAD, ASHFIELD ON THURSDAY 21 FEBRUARY 2013, COMMENCING AT 6:38 PM.

 

 

PRESENT         His Worship the Mayor, Councillor Mansour in the Chair and Councillors Cassidy, Drury, Lofts, McKenna, Passas, Raciti, A Raiola, M Raiola, Stott, and Wangmann

                           

                            Ms V Chan        General Manager

                            Mr P Sarin          Director Planning and Environment

                            Mr R Sim            Manager Strategic Planning

                            Mr C Colot          Senior Strategic Planner & Projects

                            Ms L Pascuzzo Minute Taker    

 

 

ACKNOWLEDGEMENT OF LOCAL ABORIGINAL COMMUNITY

 

"Let us acknowledge that we are meeting on country for which the members and elders of the local Aboriginal community have been custodians for many centuries, and on which Aboriginal people have performed age old ceremonies. We acknowledge their living culture and unique role in the life of this region."

 

 

APOLOGIES    

 

57/13                  RESOLVED                                  Drury / McKenna

 

A Leave of Absence was granted for Councillor Wang for 21 February 2013 inclusive.

 

 

DISCLOSURES OF INTEREST

 

Councillor Wangmann declared a Special Disclosure of Pecuniary Interests under sections 451(4) and (5) of the Local Government Act 1993 in relation to item ECM 8.1. Councillor Wangmann noted an interest in land at 38 Albert Parade, Ashfield. The completed disclosure form was tabled at the meeting.

 

Councillor Stott declared a Special Disclosure of Pecuniary Interests under sections 451(4) and (5) of the Local Government Act 1993 in relation to item ECM 8 .1. Councillor Stott noted an interest in land at 33 Tintern Road, Ashfield. The completed disclosure form was tabled at the meeting.

 

Councillor Lofts declared a Special Disclosure of Pecuniary Interests under sections 451(4) and (5) of the Local Government Act 1993 in relation to item ECM 8.1. Councillor Lofts noted an interest in land at the 27 Kensington Road, Summer Hill. The completed disclosure form was tabled at the meeting.

 

Councillor Drury declared a Special Disclosure of Pecuniary Interests under sections 451(4) and (5) of the Local Government Act 1993 in relation to item ECM 8.1. Councillor Drury noted an interest in land at 69 Heighway Avenue, Croydon and 11/19 Alt Street, Ashfield. The completed disclosure form was tabled at the meeting.

 

Councillor M Raiola declared a Special Disclosure of Pecuniary Interests under sections 451(4) and (5) of the Local Government Act 1993 in relation to item ECM 8.1. Councillor M Raiola noted an interest in land at 6 Forrest Street, Haberfield. The completed disclosure form was tabled at the meeting.

 

Councillor A Raiola declared a Special Disclosure of Pecuniary Interests under sections 451(4) and (5) of the Local Government Act 1993 in relation to item ECM 8.1. Councillor A Raiola noted an interest in land at 6 Forrest Street, Haberfield. The completed disclosure form was tabled at the meeting.

 

Councillor Raciti declared a Special Disclosure of Pecuniary Interests under sections 451(4) and (5) of the Local Government Act 1993 in relation to item ECM 8 .1. Councillor Raciti noted an interest in land at at the following:- 104 – 106 Ramsay Street, Haberfield; 98 Ramsay Street, Haberfield;  262 Hawthorne Parade, Haberfield; and 264 Hawthorne Parade, Haberfield. The completed disclosure form was tabled at the meeting.

 

Councillor Passas declared a Special Disclosure of Pecuniary Interests under sections 451(4) and (5) of the Local Government Act 1993 in relation to item ECM 8.1. Councillor Passas noted that an associated person has an interest in land at the corner of Parramatta Rd and Sloane Street, Summer Hill. The completed disclosure form was tabled at the meeting.

 

Councillor Mansour declared a Special Disclosure of Pecuniary Interests under sections 451(4) and (5) of the Local Government Act 1993 in relation to item ECM 8.1. Councillor Mansour noted an interest in land at the following:- 2/13-15 Tintern Road, Ashfield; 10/33 Alt Street, Ashfield; 6/24 King Street, Ashfield and 7/122 Frederick Street, Ashfield.  The completed disclosure form was tabled at the meeting.

 

Councillor McKenna declared a Special Disclosure of Pecuniary Interests under sections 451(4) and (5) of the Local Government Act 1993 in relation to item ECM 8.1. Councillor McKenna noted an interest in land at 69 Dobroyd Parade, Haberfield. The completed disclosure form was tabled at the meeting.

 

Councillor Cassidy declared a Special Disclosure of Pecuniary Interests under sections 451(4) and (5) of the Local Government Act 1993 in relation to item ECM 8.1. Councillor Cassidy noted an interest in land at 101 Kingston Street, Haberfield and 26 Chandos Street, Ashfield. The completed disclosure form was tabled at the meeting.

 

All of the above noted completed special disclosure of pecuniary interests forms are publicly available for inspection.

 

 

Public Access

 

58/13

RESOLVED                              McKenna/Stott

 

That members of the public be permitted to address the meeting.


RATHGAEL ESTATE CONSERVATION AREA 

 

John Sukkar,  87 Church Street, addressed the meeting at 6:48pm and concluded at 6:51pm.

 

Matina Mottee, 18 Bay Street, addressed the meeting at 6:55pm and concluded at 6:58pm.

 

Peter Mottee, 95 Church Street, addressed the meeting at 6:59pm and concluded at 7:00pm.

 

Andrew Beatty on behalf of the Mottee family, addressed the meeting at 7:01pm and concluded at 7:08pm.

 

FLEET STREET CONSERVATION AREA

 

Toula Chrisafis,  6 Fleet Street,  representing a majority of Fleet Street Conservation Area property owners who have lodged a group submission addressed the meeting at 7:11pm and concluded at 7:24pm.

 

Toula Chrisafis, 6 Fleet Street, addressed the meeting at 7:26pm and concluded at 7:32pm. 

 

Mike Stephenson, 4 Fleet Street addressed the meeting at 7:34pm and concluded at 7:39pm.

 

SERVICE AVENUE CONSERVATION AREA

 

Jennifer Lingard, 44 Service Avenue, addressed the meeting at 7:39pm and concluded at 7:43pm.

 

Councillor Passas left the meeting at 7:41pm.

 

AMBLESIDE & HOLWOOD CONSERVATION AREA

 

Charlene Yuen, 208 Queen Street, addressed the meeting at 7:43pm and concluded at 7:55pm.

 

Councillor Passas return to the meeting at 7:48pm.

 

ILFORD AVE CONSERVATION AREA

 

Rachel Brittliff, 1 Ilford Avenue, addressed the meeting at 7:55pm and concluded at 8:00pm.

 

PAGE AVENUE CONSERVATION AREA

 

John Tomarchio, 17 Page Avenue, addressed the meeting at 8:01pm and concluded at 8:03pm.

 

HILLSIDE CONSERVATION AREA

 

Alan Robinson, 40 Georges River Road, addressed the meeting at 8:03pm and concluded at 8:07pm.

 

IVANHOE ESTATE CONSERVATION AREA

 

Richard Denham, 8 Astwin Street, addressed the meeting at 8:07pm and concluded at 8:14pm.

 

NORTH SUMMER HILL CONSERVATION AREA (EXTENSION OF EXISTING)

 

Alan Outhred, 10 Dover Street, addressed the meeting at 8:14pm and concluded at 8:16pm.

 

Councillor Passas left the meeting at 8:15pm

 

Marc Rerceretnam, 272 Holden Street, Ashbury, addressed the meeting at 8:18pm and concluded at 8:22pm.

 

EDWIN STREET NORTH CONSERVATION AREA

 

Jillian Comber,  76 Edwin Street North, Croydon, addressed the meeting at 8:24pm and concluded at 8:25pm.

 

Councillor Passas returned to the meeting at 8:25pm.

 

Colleen Cook, 40 William Street, Ashfield, addressed the meeting at 8:25pm and concluded at 8:32pm.

 

Helen Stremlen,  51 Sloane Street, Summer Hill, addressed the meeting at 8:33pm and concluded at 8:37pm.

 

Mike Krsticevic, 93 Edwin Street North, Croydon, addressed the meeting at 8:37pm and concluded at 8:44pm.

 

Nicole Pearce, 2 Bay Street, Croydon, addressed the meeting at 8:48pm and concluded at 8:50pm.

 

Grahame Alderton, 93 Church Street, Croydon, addressed the meeting at 8:51pm and concluded at 8:52pm.

 

Roberto Rocca, 13 Service Avenue, Ashfield, addressed the meeting ay 8:53pm and concluded at 8:54pm.

 

 

  

 

ASHFIELD LOCAL ENVIRONMENTAL PLAN 2013 - HERITAGE CONSERVATION AREA SUBMISSIONS.

                                                                                                                   ECM 8.1

 

59/13

RESOLVED                                        McKenna/Stott

 

1/5     That Council resolve to endorse the Heritage Conservation Areas listed within Schedule 5 Part 2 of the Draft LEP subject to that Schedule and the Draft LEP Heritage Conservation Map being amended to exclude the following Heritage Conservation Areas as recommended by Council’s heritage consultant in the Report in Attachment 6 (“Volume 1”). These are:

(a)  Australia Street Conservation Area

(b) Sunbeam Avenue Conservation Area

 

2/5     That the proposed changes to the ranking (heritage significance rating system) of certain properties within proposed heritage conservation areas as recommended by the heritage consultant in Attachment 6 (“Volume 1”) be endorsed and the Statements of Significance for the proposed heritage conservation areas be amended as necessary.

3/5     That Heritage consultant proposals to augment the Haberfield Conservation Area by extending it to include 142 Alt Street, Haberfield and 103 Parramatta Road, Haberfield not be implemented as amendments to the Draft LEP as these are new matters which will require separate amending planning proposals to be submitted to Council for further consideration.

4/5     That a further report be submitted to Council during March 2013 to ratify all Council (February) resolutions dealing with both heritage and non-heritage matters relevant to determination of Draft LEP 2013.

An Amendment was Moved by Councillor Drury and Accepted by the Mover and Seconder

 

5/5     That Council defer the inclusion of Rathgael Estate as a heritage conservation area until such time as further advice on the heritage ranking of 8 and 12 Bay Street be reassessed and advice be provided on implications for the whole conservation area.

 

A motion was foreshadowed by Councillor Cassidy and seconded by Councillor Passas

 

That no new conservation areas be created until a Commission of Inquiry conducted by a Commissioner appointed by the Minister for Planning has recommended accordingly.

 

The Foreshadowed Motion was not Addressed

 

 

First Warning

Councillor Mansour issued a warning to Councillor Passas for not respecting the Chairperson of the meeting.

 

Second Warning

Councillor Mansour issued a second warning to Councillor Passas for bringing the Council into disrepute.

 

Third Warning

Councillor Mansour issued a third warning to Councillor Passas for not respecting the Chairperson of the meeting and asked Councillor Passas to leave the meeting. The time being 9:28pm.

 

Councillor Passas left the meeting, the time being 9:28 pm.

 

 

The voting was as follows:-

For the Motion

 

Councillors Mansour, Drury, Lofts, McKenna, Wangmann and Stott.

 

Against the Motion

 

Councillors Cassidy, A Raiola, M Raiola and Raciti.

 

 

The motion 1/5 – 5/5 was carried.

 


 

 

ADJOURNMENT OF MEETING

 

60/13

RESOLVED                                 Drury / Mansour

 

That the meeting be adjourned for 5 minutes to allow for Councillors to review minutes of the Extraordinary Council Meeting of 14 February 2013. The time being 9.55pm

 

 

Resumption of MEETING

 

61/13

RESOLVED                                McKenna / Wangmann

 

That standing orders be resumed, the time being 10:00 pm.

Councillors present at the time of resumption included Councillors Stott, Wangmann, Cassidy, McKenna, Lofts, Drury, A Raiola, M Raiola, Raciti and Mansour.

 

 

CONFIRMATION OF MINUTES

 

62/13

RESOLVED                                  Lofts / McKenna

 

That the minutes of the Extraordinary Council Meeting held on 14 February 2013 be confirmed and the recommendations contained in the Minutes be adopted.

 

A division was called and the voting was as follows:-

For the Motion

 

Councillors Mansour, Drury, Lofts, McKenna, Wangmann and Stott.

 

Against the Motion

 

Councillors Cassidy, A Raiola, M Raiola, and Raciti.

 

The Motion was Carried

 

 

     

NOTICE of rescission

 

ASHFIELD LOCAL ENVIRONMENTAL PLAN 2013 - HERITAGE ITEM SUBMISSION.

                                                                                                                NR1/2013

 

 

MOVED                                           Cassidy / Raciti

 

A motion was moved by Councillor Cassidy and seconded by Councillor Raciti

 

That the rescission motion be deferred until the next Ordinary Council Meeting.

 

A division was called and the voting was as follows:-

For the Motion

 

Councillors Cassidy, A Raiola, M Raiola and Raciti.

 

Against the Motion

 

Councillors Mansour, Drury, Lofts, McKenna, Wangmann and Stott.

 

The motion was lost.

 

 

 

Matter of Urgency

 

63/13

RESOLVED                                   Mansour 

 

That Council debate the Notice of Rescission NR1/2013 ‘Ashfield Local Environmental Plan 2013 - heritage item submission’ .

 

A division was called and the voting was as follows:-

For the Motion

 

Councillors Mansour, Drury, Lofts, McKenna, Wangmann and Stott.

 

Against the Motion

 

Councillors Cassidy, A Raiola, M Raiola and Raciti.

 

The motion was carried.

 

 

 

Notices Of Motion

 

ASHFIELD LOCAL ENVIRONMENTAL PLAN 2013

HERITAGE ITEM SUBMISSION.

                                                                                                                NR1/2013

 

 

MOVED                                 Cassidy / Raciti

 

That Council rescind the previous resolutions of Council as passed at the Extraordinary meeting of 14 February 2013, concerning the inclusion of ‘heritage items’ in the Ashfield Local Environmental Plan 2013. 

 

 

A division was called and the voting was as follows:-

For the Motion

 

Councillors Cassidy, A Raiola, M Raiola and Raciti.

 

Against the Motion

 

Councillors Mansour, Drury, Lofts, McKenna, Wangmann and Stott.

 

The rescission motion NR1/2013 was lost.

 

 

 

 

 

 

 

PROCEEDINGS TERMINATED AT 10:10pm.

 

 

Chairperson of the meeting of Extraordinary Council Meeting

when the Minutes were confirmed

 

 

 

 

 

Chairperson

 

 

 

 

 

Date