MIN NO

DRAFT MINUTES OF THE ORDINARY MEETING OF ASHFIELD COUNCIL HELD ON LEVEL 6, CIVIC CENTRE, 260 LIVERPOOL ROAD, ASHFIELD ON TUESDAY 8 JULY 2014, COMMENCING AT 6:36 PM.

 

 

PRESENT          Her Worship the Mayor, Councillor McKenna OAM in the Chair and Councillors Cassidy PSM, Drury, Lofts, Mansour, Passas, A Raiola, M Raiola, Stott, Wang and Wangmann

                           

                            Ms V Chan          General Manager

                            Ms N Kettle          Director Corporate and Community Services

                            Mr P Sarin           Director Planning and Environment

                            Mr R McMaster   Acting Director Works and Infrastructure

                            Mr B Andrews     Manager Corporate Governance

 

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     

 

                            RESOLVED                                    Mansour/Stott

 

An apology for lateness was received and accepted from Councillor A Raiola.

 

An apology for non attendance was received and accepted from Councillor Raciti.

 

Leave of Absence was requested and granted for Councillor Cassidy from 11 July 2014 to 30 August 2014.

 

 

DISCLOSURES OF INTEREST

 

Councillor Mansour declared a less than significant non-pecuniary interest in item CM 10.1 due to his son having attended Trinity Grammar. Councillor Mansour will remain and participate in this item as the conflict is such that it will not influence him in carrying out his public duty.

 

Councillor Passas declared a less than significant non-pecuniary interest in item CM 10.1 due to her aunt living near Trinity Grammar. Councillor Passas will remain and participate in this item as the conflict is such that it will not influence her carrying out her public duty.

 

PRESENTATION

 

Ms Lee Wong, Chair of the Internal Audit Committee made a presentation to Council on the Internal Audit Committee’s activities from 6:43PM to 6:52PM.

 

RESOLVED        Drury/Mansour

 

                            That Council thank Ms Wong for her presentation on the activities of the Internal Audit Committee and thank the Internal Audit Committee for its work.

 

CONFIRMATION OF MINUTES

 

/14

RESOLVED Drury/Mansour

 

That the minutes of the Council Meeting held on 24 June 2014 be confirmed and the recommendations contained in the Minutes be adopted.

 

 

/14

RESOLVED Lofts/Cassidy

 

That the minutes of the Aboriginal Consultative Committee Meeting held on 19 June 2014 be confirmed and the recommendations contained in the Minutes be adopted subject to an amendment to Action 5/5 on page 6 of the Minutes that the Committee invites the Coordinator of the Greenway program to the next meeting.

 

/14

RESOLVED Stott/Wangmann

 

That the minutes of the Ashfield Access Committee Meeting held on 12 May 2014 be confirmed and the recommendations contained in the Minutes be adopted.

 

 

/14

RESOLVED Lofts/Wang

 

That the minutes of the Ashfield Youth Committee Meeting held on 05 May 2014 be confirmed and the recommendations contained in the Minutes be adopted.

 

 

 

DEVELOPMENT APPLICATION: 10.2006.039.6    113-119 PROSPECT ROAD SUMMER HILL.

                                                                                                                    CM 10.1

 

 

Members of the public addressed the meeting.

Marilyn Wise addressed Council at 7:01pm and concluded at 7:09pm.

 

MOVED               Stott/Lofts

 

1/3     That this Section 96(2) application for an increase in student           numbers on The Trinity Grammar School be deferred.

 

2/3     Ashfield Council submits that the number of students on the Trinity           campus should continue to be limited to 1500, as handed down in the           Land and Environment Court decision of 2007, until the impacts of           the current enlarged proposal for the Aquatic Centre and other           facilities are known.

 

3/3     That is, no increase in student numbers should be granted until the           Aquatic Centre Complex has been operating at full capacity for 12           months.

 

FORESHADOWED MOTION              Cassidy/Mansour

 

That development application no. 10.2006.39.6 to increase the maximum number of students at the campus from 1500 to 1700 at 113-119 Prospect Road, Summer Hill, be modified in accordance with section 96(2) of the Environmental Planning and Assessment Act 1979 as follows:

 

A. The following conditions be amended in the following manner:

 

From:

 

5. Maximum number of students:

The number of students at the Summer Hill campus shall not exceed 1500.

 

To:

 

5. Maximum number of students:

The number of students at the Summer Hill campus shall not exceed 1700. Of that number, no more than 256 shall be year 12 students.

 

B. Add the following conditions to the consent:

 

76A. Noise Control

 

In order to ensure ongoing control of noise generation:

 

a)    School management is to encourage the use of the underground car park for pick-ups and drop offs and to keep the waiting areas for students away from the school property boundary.

b)    School management is to supervise waiting areas at bus stops located close to residential properties to ensure noise generation by students is not excessive.

c)    Buses arriving at the school to collect students shall have their engines turned off while waiting for the students to arrive and load onto the bus.

 

The Motion was put to the vote and the voting was as follows:-

 

For the Motion

 

Councillors Stott, Wangmann, Wang, Lofts, Drury, M Raiola, McKenna OAM and Passas.

 

Against the Motion

 

Councillors Cassidy PSM and Mansour.

 

The Motion was carried.

 

The Foreshadowed Motion was not addressed.

 

 

 

PARRAMATTA ROAD RENEWAL PROGRAM MOU

                                                                                                                  NR6/2014

 

 

RESOLVED                  Lofts/Wangmann

 

That Council’s resolution of 24 June 2014 in relation to item CM10.4 - Parramatta Road Renewal Program MOU, be rescinded.

 

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

For the Motion

 

Councillors Stott, Wangmann, Cassidy PSM, Mansour, Wang, Lofts, Drury, M Raiola and McKenna OAM.

 

Against the Motion

 

Councillor Passas.

 

MOTION              Lofts/Wangmann

 

1/5     That Ashfield Council affirms it does not support the WestConnex project as presently planned.

 

2/5     That Ashfield Council reserves the right to withdraw from the Parramatta Rd Renewal Program and the related MOU should proposals not comply with Ashfield Council’s current Local Environmental Plan (ALEP 2013), including in relation to zoning, floor space ratios, height restrictions and heritage protection.

 

3/5     That the first dot point of Attachment 3.2. (Business paper 24/6/2014) be amended to ‘Be limited to the extent of the Enterprise Zone as gazetted in the ALEP 2013’.

 

4/5     That, given the above are accepted by The Parramatta Rd Renewal Authority, the Mayor and General Manager be granted delegation to enter into the MOU on Council’s behalf.

 

5/5     That Attachment 3 to the report, as amended, be included as the relevant Inputs/Outputs of Ashfield Council in Attachment 3.2 (of the report in business paper of 24/6/2014) to the MOU.

 

Councillor M Raiola left the meeting at 7.41pm and returned at 7.45pm.

Councillor Passas left the meeting at 7.41pm and returned at 7.55pm

 

FORESHADOWED MOTION             Cassidy/Passas

 

That Council defer any decision on the MOU until the Environmental Study on the WestConnex project has been released for public comment.

 

 

The Motion was put to the vote, a division was called and the voting was as follows:-

For the Motion

 

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

 

Against the Motion

 

Councillors Cassidy PSM, Passas and M Raiola.

 

The Motion was carried.

 

The Foreshadowed Motion was not addressed.

 

 

 

DEVELOPMENT APPLICATION: 10.2013.274.1

 

69 MILTON STREET ASHFIELD                                                              CM 10.3

 

Members of the public addressed the meeting.

Mr Kim Burrell addressed Council at 7.59pm and concluded at 8.05pm.

 

 

MOTION    Drury/Mansour

 

That Council as the consent authority pursuant to Clause 80(3) of the Environmental Planning and Assessment Act 1979 (as amended) grant a Deferred Commencement Consent to Development Application No. 10.2013.274 for the use of the subject site which involves the following:

 

1.   Alterations and addition to the existing main dwelling located at the front of the site;

2.   Construction of two new two-storey dwellings at rear of the site;

3.   Fencing, car parking and landscaping works; and

4.   Removal of trees

 

on Lot 11 in DP: 730876, known as 69 Milton Street ASHFIELD, subject to conditions.

 

FORESHADOWED MOTION        Cassidy/Passas

 

That the application be approved with deletion of Item 1 and Item 3 of the deferred commencement conditions.

 

The Motion was put to the vote and the voting was as follows:-

For the Motion

 

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

 

Against the Motion

 

Councillors Cassidy PSM, M Raiola and Passas.

 

The Motion was carried.

 

The Foreshadowed Motion was not addressed.

 

                                                         

 

 

DEVELOPMENT APPLICATION 10.2012.269.2 -

 

380-382 Liverpool Road, 36 & 38 Milton Street, Ashfield . Philip North - Specialist Planner.

 

                                                                                                                    CM 10.2

 

Councillor Passas left the meeting at 8.23pm and retuned at 8.24pm.

Councillor Passas left the meeting at 8.25pm and returned at 8.28pm.

 

Members of the public addressed the meeting.

Nigel Dickson addressed Council at 8:23pm and concluded at 8:30pm.

Nick Vranas addressed Council at 8:31pm and concluded at 8:36pm.

 

MOTION             Drury/Mansour

 

That the matter of the DA 10.2012.269.2, 36-38 Milton St, Ashfield be deferred for a period of no longer than 2 months in order for the applicant to engage in further discussion with Ashfield Council staff in order to ensure that the proposal for the building not exceed 23 metres or 6 storeys and that a resolution be found to ensure that Milton lane is widened and has a public right of way.

 

FORESHADOWED MOTION        Cassidy/Mansour

 

1/2     Pursuant to Cl 4.6 of Ashfield Local Environmental Plan 2013 (ALEP           2013), Council is satisfied that the applicant’s written request has           adequately addressed the matters required to be demonstrated, the           development is in the public interest as it is consistent with the objectives           of Cl 4.6(1) and the planning zone for the premises. Accordingly,           compliance with Clauses 4.3(2), 4.3(2A) and 4.4 is unnecessary and           unreasonable as there are sufficient environmental planning grounds           given that the premises are the gateway to the Ashfield CBD to justify           contravening those standards.

 

2/2     That the Section 96(2) application to modify DA 10.2012.269.2 be           approved subject to:

 

·         Height to be amended to comply with the ALEP 2013 23 meter height limit.

 

AMENDMENT              Wangmann/Stott

 

That there be no increase in the floor space ratio (FSR).

 

Councillor Passas left the meeting at 9.59pm and returned at 10.00pm.

 

The Amendment was put to the vote and the voting was as follows:-

 

For the Motion

Councillors Stott, Wangmann, Wang and Lofts.

 

Against the Motion

Councillors Cassidy PSM, Mansour, Drury, M Raiola, McKenna OAM and Passas.

 

The Amendment was lost.

 

The Motion was put to the vote and the voting was as follows:-

For the Motion

 

Councillors Mansour, Wang, Lofts, Drury and McKenna OAM.

 

Against the Motion

 

Councillors Stott, Wangmann, Cassidy PSM, M Raiola and Passas.

 

The vote was tied.  The Mayor used her casting vote and the Motion was carried.

 

The Foreshadowed Motion was not addressed.

 

NOTE:  A Rescission Motion was received in relation to Item 10.2 which was considered later in the meeting.

 

 

 

 

Mayoral Minutes

 

 

2014 INNER WEST LOCAL BUSINESS AWARDS.

                                                                                                               MM16/2014

 

 

RESOLVED                 McKenna OAM

 

That letters of congratulations be sent to the winners of 2014 Inner West Local Business Awards.

 

 

 

2014 CIVIC CHURCH SERVICE.

                                                                                                               MM17/2014

 

RESOLVED       McKenna OAM

 

1/3         That a letter of thanks be sent to Reverend Alan Lukabyo for the Service delivered to recognise the volunteers.

 

2/3         That the Mayor approach Reverend David Balzer at Ashfield Presbyterian Church to hold the Civic Church Service for 2015.

 

3/3         That Council assist in the provision of morning tea at the conclusion of the service.

 

 

Notices Of Motion

 

 

SECURITY

                                                                                                               NM18/2014

 

Councillor A Raiola arrived at the meeting, the time being 9.20pm.

Councillor Cassidy left the meeting at 9.20pm and returned at 9.22pm.

 

RESOLVED         Passas/M. Raiola

 

 

1/2       That the General Manager report to Council on what security measures are in place at the Civic Centre, cost to date for security, are there security cameras on the Ground Floor and Forecourt.

 

2/2       Also what security measures are in place when the Civic Centre is being used by the public after hours and on Council Meeting nights.

 

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

For the Motion

 

Councillors Cassidy PSM, Mansour, Lofts, Drury, A Raiola, M Raiola, McKenna OAM, Passas and Wang.

 

Against the Motion

 

Councillors Stott and Wangmann

 

 

ITEM 10.2 NOTICE OF RESCISSION OF MOTION

 

A Notice of Rescission was received from Councillors Cassidy, Drury and Mansour in relation to Item 10.2 which was considered earlier in the evening. 

 

RESOLVED                 Mansour/Cassidy

 

That standing orders be suspended to enable the Rescission Motion to proceed.

 

The Mayor ruled urgency on the Notice of Rescission.

 

 

RESOLVED                 Cassidy/Drury

 

That Council’s decision on CM10.2, 8 July 2014, Development Application 10.2012.269.2 for 380-382 Liverpool Road, 36 & 38 Milton Street, be rescinded.

 

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

For the Motion

 

Councillors Cassidy PSM, Mansour, Wang, Drury, A Raiola, M Raiola and Passas.

 

Against the Motion

 

Councillors Stott, Wangmann, Lofts and McKenna OAM.

 

RESOLVED        Cassidy/Mansour

 

1.    Pursuant to Cl 4.6 of Ashfield Local Environmental Plan 2013 Council is satisfied that the applicant’s written request has adequately addressed the matters required to be demonstrated, the development is in the public interest and it is consistent with the objectives of Cl 4.6(1) and the planning zone for the premises. Accordingly, compliance with Clauses 4.3(2), 4.3(2A) and 4.4 is unnecessary and unreasonable as there are sufficient environmental planning grounds given that the premises are the gateway to the Ashfield CBD to justify contravening the standards.

 

2.    That the Section 96 (2) application to modify DA 10.2012.269.2 be approved subject to:

 

·         Height to be amended to comply with the ALEP 2013 23 meter height limit;

·         That a right of way be created in favour of Ashfield Council over the widened portion of Milton Lane and footpath;

·         That condition 19 of the original consent be retained but modified to:

 

(19) Structural adequacy of roadway to be widened on the southern side of the site shall be ensured as follows:

 

a.    Detailed structural engineers documentation shall be submitted prior to the release of the construction certificate showing that the structural support for the road way is structurally capable of supporting all types and volumes of traffic;

b.    A certificate shall be submitted by an independent Council approved structural engineer, prior to the release of the construction certificate, payed for by the applicant/site owner, that condition 3A above has been satisfied;

 

3.    That the section 94 contribution be amended to reflect the increased number of dwellings.

 

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

For the Motion

 

Councillors Cassidy PSM, Mansour, Wang, Drury, A Raiola, M Raiola and Passas.

 

Against the Motion

 

Councillors Stott, Wangmann, Lofts and McKenna OAM.

 

Councillor Passas left the meeting at 9.49pm.

 

Staff Reports

 

 

2 - 32 SMITH STREET, SUMMER HILL CONCEPT PLAN APPLICATION AMENDMENT.

                                                                                                                    CM 10.4

 

RESOLVED                 Lofts/Stott

 

That in respect of the proposed May 2014 amendment to the 2012 Concept Plan Application, for the land at 2-32 Smith Street Summer Hill, the Council advise the Department of Planning and Infrastructure that:

 

1)           The Concept Plan Amendment Application has not adequately addressed the Director General Requirements requiring a detailed adequate Visual Impact Assessment to assess the impacts of increased building heights on existing low rise neighbouring residential areas in Summer Hill. Issues requiring detailed examination include:

 

-           the increased height of Buildings 5B, 3A, 3D,  nearer the boundary with Edward street, and their impact on existing housing along Edward Street and Carrington Street.

 

-           the increased bulk and height of Building 1A, within the Marrickville LGA, and the impact on predominantly one and two storey residential areas to the west in Summer Hill, and the impact on the public vista along Smith Street.

 

3)      The number of affordable housing dwellings should remain at a minimum of 10 dwellings in perpetuity as stated in part 15 of the approved Statement of Commitments.

 

4)      There should not be any increase in building bulk and height for Building 1A within the Marrickville LGA given the likely adverse impacts for nearby residential areas in Summer Hill, including those in Chapman Street and Fleet Street.

 

5)      There should not be any increase in building height for Buildings 5B, 3A, 3C & 3D, given the likely adverse visual impacts for nearby residential areas in Summer Hill including in Edward Street and Carrington Street.

 

6)      The additional 80 apartments will result in further traffic congestion to local streets during peak times and further parking impacts on Summer Hill village.

 

7)      The Concept Plan documentation has not adequately taken into account the Hawthorne Canal Flood Study and potential impacts on proposed ground floor levels, buildings heights, and ground level entries to basement car parks.

 

8)      The Department should ascertain the maximum Floor Space Ratio for the entire site, and for each individual parts of the site at Stages 1, 2, 3 and 4, by calculating the available Gross Floor Area contained within the approved Building Envelopes in the 2012 Concept Plan approval.

 

9)      Ashfield Council again submits that, as public transport is   already           overcrowded and the road network already beyond capacity in           peak periods, a co-ordinated transport study needs to be           undertaken. This study should consider the local and regional           impacts of the Summer Hill Flour Mill and Lewisham Estate           developments, as well as future development of the ‘McGill St           precinct’.

 

10)    Council therefore requests that the NSW Government undertakes           such a study, to include submissions from City    Rail, Sydney Buses           and the RMS. The RMS contribution should include of the impact of           Lewisham Estate and Summer Hill Flour Mill developments on local           and regional traffic. This study should also take into account the           impact of possible future development of other urban renewal lands           in the region up to the year 2021.

 

Councillor Passas returned to the meeting at 9.56pm.

Councillor M Raiola left the meeting at 9.57pm and returned at 10.01pm.

Councillor Wangmann left the meeting at 10.02pm and returned at 10.05pm.

 

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

For the Motion

 

Councillors Stott, Wangmann, Cassidy PSM, Mansour, Wang, Lofts, Drury, A Raiola, M Raiola, McKenna OAM and Passas.

 

Against the Motion

 

Nil.

 

 

 

DRAFT ARTS, COMMUNITY AND ENVIRONMENT GRANTS POLICY.

                                                                                                                    CM 10.5

 

 

RESOLVED        Wang/Mansour

 

1/2     That Council adopt the draft Arts, Community and Environment Grants Policy following completion of the public exhibition period.

 

2/2     That Council approve publishing of the Arts, Community and Environment Grants Policy on Council’s website.

 

 

 

DRAFT NOTIFICATIONS POLICY.

                                                                                                                    CM 10.6

 

 

RESOLVED        Mansour/Wang

 

1/2     That Council note the report.

 

2/2     That Council approve the draft policy being placed on public exhibition for a 28 day period. 

 

  

CLOSED (PUBLIC EXCLUDED) COMMITTEE

 

                            RESOLVED                      Lofts/Mansour                           

 

                            That the following items be considered in Closed (Public Excluded) Meeting and the Press and Public be excluded in accordance with Section 10A(2)(a) of the Local Government Act, the time being 10.12pm.

 

RESOLVED                      Cassidy/Passas

 

That all Council staff be excluded from the closed meeting.

 

 

GENERAL MANAGER'S PERFORMANCE REVIEW .

                                                                                                                  NR4/2014

 

MOTION                       Cassidy/Passas

 

That Council’s resolution of 24 June 2014 in relation to MM14A/2014 – General Manager’s Performance Review, be rescinded.

 

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

 

For the Motion

 

Councillors Cassidy PSM, A Raiola, M Raiola and Passas.

 

Against the Motion

 

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

 

The Motion was lost.

 

 

 

GENERAL MANAGER'S CONTRACT RENEWAL

                                                                                                                  NR5/2014

 

 

That Council’s resolution of 24 June 2014 in relation to MM14B/2014 – Contract renewal for General Manager, be rescinded.

 

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

 

For the Motion

 

Councillors Cassidy PSM, A Raiola, M Raiola and Passas.

 

Against the Motion

 

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

 

The Motion was lost.

 

Councillors Cassidy PSM, A Raiola, M Raiola and Passas left the meeting at 10:24pm.

 

RESOLVED        Drury/Mansour

 

That the meeting revert to open meeting at 10:28pm.

 

The Chairperson reported that the Closed (Public Excluded) meeting considered the two rescission motions NR4/2014 and NR5/2014 and that they were both defeated.

 

  

GENERAL BUSINESS

 

Nil.

 

PROCEEDINGS TERMINATED AT 10:34PM

 

 

Chairperson of the meeting of Ordinary Meeting

when the Minutes were confirmed

 

 

 

 

Chairperson

 

 

Date