Informing Small Businesses of the Ministerial Order

Decision Maker: Council

Decision status: Recommendations Determined

Decisions:

Moved by Councillor Vithoulkas, seconded by Councillor Chung -

It is resolved that:

(A)      Council note:

(i)         that on 25 March 2020, the Minister for Planning and Public Spaces Rob Stokes issued an order under section 10.17 of the Environmental Planning and Assessment Act 1979;

(ii)        this Order is known as the EPA COVID-19 Development - Extended Operation Order 2020;

(iii)      the Order has been extended to 2021. It was put forward to protect the health, safety and welfare of members of the public during the Covid-19 pandemic;

(iv)      there are many small business owners who do not know that this Order exists; and

(v)       there are many commercial and residential strata communities that do not know that this Order exists; and

(B)      the Chief Executive Officer be requested to:

(i)         investigate as soon as possible how the City can inform all business owners, commercial and strata communities within the City of Sydney of the Ministerial Order;

(ii)        explain clearly in the communication the relevant information; and

(iii)      report back to Council via the CEO Update.

Amendment. Moved by Councillor Kok, seconded by Councillor Scully –

That the motion be amended such that it read as follows –

It is resolved that:

(A)      Council note:

(i)         that on 25 March 2020, the Minister for Planning and Public Spaces Rob Stokes issued an order under section 10.17 of the Environmental Planning and Assessment Act 1979;

(ii)        this Order is known as the EPA COVID-19 Development - Extended Operation Order 2020;

(iii)      the Order has been extended to 2021. It was put forward to protect the health, safety and welfare of members of the public during the Covid-19 pandemic;

(iv)      there are many small business owners who do not know that this Order exists;

(v)       there are many commercial and residential strata communities that do not know that this Order exists; and

(vi)      responsibility for ensuring that the community and businesses are fully informed of Ministerial Orders rests with the NSW Government; and

(B)      the Chief Executive Officer be requested to liaise with relevant NSW Government agencies requesting that they ensure business owners, commercial and strata communities are effectively informed of EPA Covid-19 Development – Extended Operation Order 2020.

A show of hands on the amendment resulted in an equality of voting as follows –

Ayes (5)          The Chair (the Lord Mayor), Councillors Kok, Miller, Scully and Thalis

Noes (5)          Councillors Chung, Forster, Phelps, Scott and Vithoulkas.

The Lord Mayor exercised her casting vote in favour of the amendment. The amendment was declared carried.

Amendment carried.

Variation. At the request of Councillor Phelps, and by consent, the amended motion was varied, such that it read as follows –

It is resolved that:

(A)      Council note:

(i)         that on 25 March 2020, the Minister for Planning and Public Spaces Rob Stokes issued an order under section 10.17 of the Environmental Planning and Assessment Act 1979 titled “Environmental Planning and Assessment (Covid-19 Development Extended Operation) Order 2020”;

(ii)        this Order granted legislative power, for a prescribed period, to the Minister for Planning and Public Spaces to authorise a development to be carried out without the need for development approval in the ordinary manner under the Environmental Planning and Assessment Act 1979 or consent from another body;

(iii)      its stated intent was protect the health, safety and welfare of members of the public during the Covid-19 pandemic;

(iv)      the Order has been extended to 31 March 2021 to ensure greater flexibility to respond to changing needs during the Covid-19 pandemic;

(v)       there are many small business owners who do not know that this Order exists;

(vi)      there are many commercial and residential strata communities that do not know that this Order exists; and

(vii)     responsibility for ensuring that the community and businesses are fully informed of Ministerial Orders rests with the NSW Government; and

(B)      the Chief Executive Officer be requested to:

(i)         liaise with relevant NSW Government agencies requesting that they ensure business owners, commercial and strata communities are effectively informed of EPA Covid-19 Development – Extended Operation Order 2020; and

(ii)        explain clearly to the stakeholders listed above the relevant information and implications of this Order via electronic communication channels and the City of Sydney website.

The amended motion, as varied by consent, was carried unanimously.

Point of Order

During discussion of this item, Councillor Vithoulkas raised a point of order in respect to terminology used by Councillor Scully.

The Chair (the Lord Mayor) did not uphold the point of order.

S129267

Report author: Erin Cashman

Publication date: 20/09/2021

Date of decision: 20/09/2021

Decided at meeting: 20/09/2021 - Council

Accompanying Documents: