Minute by the Lord Mayor

To Council:

Last month, Council resolved to strongly oppose the Environmental Planning and Assessment Amendment (Infrastructure Contributions) Bill 2021 that was introduced in June 2021 as part of the budget legislation. I have written to the Minister for Planning and Public Spaces and the Premier to request that the Bill is withdrawn.

The way in which the NSW Government has introduced this legislative change without proper consultation and transparency shows total disregard for the important work of local government.

This was confirmed by the Parliamentary Inquiry report that was released on 10 August 2021, which recommended Parliament not proceed with the Bill until the detailed regulations were developed and consulted on, and the IPART inquiries were finalised.

The Minister for Planning and Public Spaces says he is concerned about communities missing out on new local roads, parks and other vital infrastructure. This is grossly misleading and wrong. 

His “solution” is for the NSW Government to take up to half the developer contributions Councils collect for new local roads, parks and other vital infrastructure and put it in the State’s coffers – with no guarantee that money will be spent in the area where the development is occurring. This is from the same Government that has given us the sports rorts scandal and openly said pork-barrelling taxpayers money is ok.

The NSW Government imposes housing targets and directions on Councils which increase density. But this legislation will effectively remove the ability of Councils to provide the new local roads, parks and other vital infrastructure that make this density acceptable to communities. In the same breath, the Government has told us if we want to continue delivering quality infrastructure to support the new developments and increased density that they have mandated, we should raise rates.

This is not equitable.

On 6 and 11 August 2021, I hosted two roundtables with twenty-nine Mayors and their General Managers and Chief Executive Officers from metropolitan Sydney. It is clear they share our concerns about this assault on the ability of local government to meet the infrastructure expectations of our communities.

Mayors from all sides of politics were concerned about the impact of this legislative change on our communities, and there was consensus that the Bill must be stopped.

Mayors agreed to coordinate action that will enable Councils to tell their communities about the impact of these changes, undertake coordinated lobbying of Members of Parliament, and contribute to joint advertising and community awareness. I am asking Council to support the City of Sydney’s participation in this campaign by allocating the necessary funding.

COUNCILLOR CLOVER MOORE

Lord Mayor

 

Moved by the Chair (the Lord Mayor), seconded by Councillor Scully –

It is resolved that Council:

(A)      note:

(i)         on 11 August 2021, the Lord Mayor wrote to the Minister for Planning and Public Spaces and the Premier to request that the Environmental Planning and Assessment Amendment (Infrastructure Contributions) Bill 2021 be withdrawn;

(ii)        on 6 and 11 August 2021, the Lord Mayor met with twenty nine mayors and their General Managers and Chief Executive Officers from metropolitan Sydney to discuss concerns about the Bill;

(iii)      that the Mayors agreed to coordinate a joint advocacy strategy to defeat the Bill with the first priority being to deliver a clear and consistent message to communities about the impact of the proposed legislative changes; and

(iv)      on 10 August 2021, the Parliamentary Inquiry report was released, which recommended Parliament not proceed with the Bill until the detailed regulations were developed and consulted on, and the IPART inquiries were finalised;

(B)      endorse supporting a joint advocacy strategy with other Councils from metropolitan Sydney to defeat the Bill; and

(C)      approve up to $80,000 from the 2021/22 General Contingency Fund for the City of Sydney to contribute to and coordinate a joint campaign with other metropolitan Sydney councils to deliver a clear and consistent message to our communities about what the proposed legislative changes mean and the impact of this on our local area, including for advertising and a community flyer.

The substantive Minute was carried on the following show of hands –

Ayes (8)          The Chair (the Lord Mayor), Councillors Kok, Miller, Phelps, Scott, Scully, Thalis and Vithoulkas

Noes (1)          Councillor Chung.

Minute carried.

S051491

Minute by the Lord Mayor

To Council:

Intergovernmental Panel on Climate Change (IPCC) Report

On 9 August 2021, the United Nations Intergovernmental Panel on Climate Change (IPCC) released a report on the most up-to-date understanding of the climate system and climate change across the world.

The United Nations Secretary-General, Antonio Guterres, described the report as a “code red for humanity”.

The report states that:

·                Human-induced climate change is already affecting many weather and climate extremes in every region across the globe.

·                Global surface temperature will continue to increase until at least the mid-century under all emissions scenarios considered. Global warming of 1.5°C and 2°C will be exceeded during the 21st century unless deep reductions in carbon dioxide (CO2) and other greenhouse gas emissions occur in the coming decades.

·                To limit global temperature increases we must limit emissions, reaching at least net zero CO2 emissions, along with strong reductions in other greenhouse gas emissions.

City of Sydney Action on Climate Change

Taking effective action on climate change has been a key priority for my entire term as Lord Mayor. After extensive citywide consultation the City made the commitment in 2008 to reduce emissions by 70 per cent by 2030. We did the master plans, set the targets and took action, and we have met this ambitious organisational target by reducing greenhouse gas emissions nine years early in 2021, securing Sydney’s future as one of the world’s top green, liveable and creative cities. The City of Sydney became carbon neutral in 2007 and we were the first major city in Australia to declare a climate emergency in 2019.

We have brought forward our target for City-wide net zero greenhouse gas emissions to 2035 (from 2040), which we believe can be achieved through the further expansion of renewable energy, working with our partners to increase the efficiency of our buildings, better managing our waste, supporting active transport choices and switching to electric vehicles.

The City’s Environmental Strategy 2021-2025 responds to the climate emergency by working in partnership with residents, businesses, and other levels of government to build a resilient, inclusive, and regenerative city.

Renewable Electricity

The most significant action we’ve taken to reduce emissions is to switch to 100 per cent renewable electricity. This was part of a $60 million, 10-year agreement with Flow Power to purchase renewable electricity for all of the City’s large sites.

Electricity is the largest contributor to Australia’s emissions. The Federal Government’s Renewable Energy Target (RET) was met in 2019 and a further target has not been set, resulting in a lack of certainty for the market.

The most significant action our residents and businesses can take to tackle accelerating global warming is to purchase renewable energy.

Residents and businesses can buy 100 per cent accredited GreenPower through most retailers.  The latest reporting shows that GreenPower customers have purchased over 19 million MWh of electricity from renewable sources, which equates to over 16 million tonnes of emissions reduction. However, customer numbers are low across NSW households and businesses. Reasons for this include; lack of awareness, lack of trust, price premium (or perceptions of) and lack of active promotion by retailers. 

Many Local Governments are keen to promote GreenPower, however there is no data available to track customer numbers by Local Government Area, which is why the City is collaborating with Resilient Sydney to advocate for retailers to provide location data (Local Government Area level) for customers.  

Power Purchase Agreements (PPAs) will also be key to the offsite procurement of renewables; the City is working with NABERS on the new NABERS Energy rating and renewables indicator (percentage) which will acknowledge PPAs, as well as GreenPower when launched in 2022.  For larger customers (commercial, strata buildings etc, Power Purchase Agreements will continue to provide a more cost-effective option for renewable electricity purchasing). 

Emissions from the local area have decreased 26 per cent since 2006. Further significant reductions could be made if residents and businesses switch to renewable electricity. A 50 per cent uptake of renewable electricity (on 2019/20 consumption) would see overall emissions decrease by 33 per cent; while a 100 per cent uptake would see emissions decrease by 66 per cent. Emissions reductions from other sectors: transport, gas and waste are also essential to reach the City’s target of net zero emissions by 2035.

Emissions Reduction Through Planning Controls

When the City of Sydney adopted its Climate Emergency Response Plan in 2020 it identified further opportunities to drive environmental performance through planning.  A significant result of this work was the Net Zero Buildings pathway that was adopted by Council in May 2021. The work to continue to look at the ways we can improve the environmental performance of our built environment should continue.

COUNCILLOR CLOVER MOORE

Lord Mayor

Moved by the Chair (the Lord Mayor), seconded by Councillor Miller –

It is resolved that:

(A)      the Lord Mayor be requested to write to:

(i)         the Premier requesting that the NSW Government provide GreenPower data at a Local Government Area level so it can be embedded into the Resilient Sydney platform to enable all Councils to start promoting and tracking uptake;

(ii)        the Premier requesting that the NSW Government bring its net zero emissions target forward to 2035, in response to the Intergovernmental Panel on Climate Change (IPCC) report and to align with the City of Sydney’s net zero emissions target; and

(iii)      the Prime Minister requesting that the Federal Government commit to a net zero emissions target no later than 2050 and update the national renewable energy target to provide certainty and investment;

(B)      the Chief Executive Officer be requested to:

(i)         prepare a report on the resourcing required to deliver an enhanced program of activities to increase the take-up of GreenPower / renewable electricity by residents and businesses in the City of Sydney, to be provided through a CEO Update; and

(ii)        establish an indicative program for a Climate Emergency Planning and Resilience Working Group, building on the Local Environmental Plan (LEP) working group process including Councillors and key staff, to explore ways to accelerate climate action in our community and identify obstacles requiring advocacy to the NSW and Federal Governments; and

(C)      Council sign the Fossil Fuel Non-Proliferation Treaty, calling on the Federal and NSW Governments to:

(i)         end expansion of fossil fuel production in line with the best available science as outlined by the Intergovernmental Panel on Climate Change (IPCC) and the United Nations Environment Programme;

(ii)        phase out existing production of fossil fuels in a manner that is fair and equitable, taking into account the respective dependency of countries on fossil fuels, and their capacity to transition; and

(iii)      invest in a transformational plan to ensure 100 per cent access to renewable energy globally, support fossil fuel-dependent economies to diversify away from fossil fuels, and enable people and communities across the globe to flourish through a global just transition.

Carried unanimously.

S051491

Memorandum by the Chief Executive Officer

To Council:

The Covid-19 pandemic and current lockdowns across Greater Sydney continue to require an alternative approach to enable the delivery of some services to our community.

Recently it has come to the attention of staff that Service NSW service centres are currently only open for 'essential services', which have been defined by Service NSW as transactions that:

·                are required within the next four weeks, and

·                have financial implications if they’re not completed, or

·                are required to support ongoing employment, or

·                have legal implications if they are not completed, and

·                can only be completed by Service NSW.

The community is otherwise advised to stay at home and delay their transactions if they can't be done over the phone.

Service NSW is not currently allowing change of address transactions to be undertaken over the phone. This is impacting the ability to issue residential parking permits in accordance with the provisions of the Neighbourhood Parking Policy, with some applicants unable to demonstrate that their vehicle is registered in their name and at their current address, as is required by section 8.2a) of that policy.

In order for Council to maintain service to the community at this time, it is recommended that temporary changes be made to the evidence that Council will accept for applicants that are unable to meet the evidence requirements in the Policy due to Service NSW temporary service closures.

To facilitate this outcome, it is recommended that a temporary delegation (until 31 March 2022) be granted to the Chief Executive Officer to enable her to make temporary changes to the evidence that Council will accept for the issue of parking permits for affected applicants.

MONICA BARONE

Chief Executive Officer

Attachments

Attachment A.           Temporary Delegation 15G - Delegations to the Chief Executive Officer

Moved by the Chair (the Lord Mayor), seconded by Councillor Vithoulkas –

It is resolved that Council:

(A)      note that the Neighbourhood Parking Policy states that the applicant’s vehicle must be registered in the applicant's name at the applicant’s address and in order to change an address, this transaction needs to be done in person at Service NSW and they are currently closed for in person visits of this nature; and

(B)      temporarily amend the Instrument of Delegations to the Chief Executive Officer dated 14 December 2020 to enable the Chief Executive Officer to make temporary changes to the Neighbourhood Parking Policy in relation to the evidence that will be acceptable to enable the issue of parking permits until 31 March 2022, unless revoked earlier.

Carried unanimously.

S117034

Moved by Councillor Scully, seconded by Councillor Kok –

It is resolved that:

(A)      Council note:

(i)         this year marks the 76th anniversary of the atomic bombing of Hiroshima and Nagasaki, which killed between 129,000 and 226,000 people;

(ii)        the City of Sydney has a long standing commitment to supporting peace efforts at a local and on a global level: as a member of Mayors for Peace and key supporters of the Sydney Peace Prize, and in October 2018, Council unanimously endorsed the International Campaign to Abolish Nuclear Weapons;

(iii)      the Green Legacy Hiroshima initiative is a global volunteer campaign, aiming to disseminate the universal message of nuclear disarmament by providing the seeds or saplings of ‘survivor trees‘ - trees that survived the atomic bombing of Hiroshima and Nagasaki - to be planted in locations all over the world;

(iv)      currently seeds and saplings from the A-bombed trees are growing in more than 30 countries - in a sustained, long-term campaign, joining other efforts for a nuclear-free and sustainable future;

(v)       there is community support for the City of Sydney to participate in the Green Legacy Hiroshima tree project;

(vi)      participation in the Green Legacy Hiroshima initiative involves sourcing a seed from one of the original Hiroshima survivor trees for growth and eventual planting somewhere in the local government area; and

(vii)     City staff have advised that the City does not have the facilities to grow plants imported from overseas from seed. However, they suggested that the Royal Botanic Gardens would be a suitable partner. The Royal Botanic Gardens have expressed interest and capacity to undertake this; and

(B)      the Chief Executive Officer be requested to:

(i)         seek advice from City staff to determine the preferred species of Survivor Tree seed, noting many of the species on the list may be considered weeds in Australia; and

(ii)        initiate the process to join the Green Legacy Hiroshima project, working with the Royal Botanic Gardens to secure an appropriate seed from a Survivor Tree for cultivation and future planting in an agreed location in our local government area.

Carried unanimously.

S129264

 

Moved by Councillor Vithoulkas, seconded by the Chair (the Lord Mayor) –

It is resolved that:

(A)      Council note:

(i)         the City of Sydney has on its website:

(a)       a Customer Service Charter:

·                typically, a Customer Service Charter is a document that outlines how an organisation promises to work with its customers along with providing insights into how an organisation operates. This page does not provide this;

·                this page states "your feedback is really important to us. We use this information, whether positive or negative, to monitor and improve our service for the benefit of all our customers" however it has no obvious process or mechanism for this;

·                this page does not have a clear path, link or instructions for how a customer is able to provide feedback or make a complaint;

(b)       Complaints and Feedback Procedures Document:

·                this document currently exists on the City’s website as an editable document;

The Complaints and Feedback Procedures Document aims to:

*ensure the community’s right to comment is protected  and promoted;

*inform the community of the external and internal procedures for handling complaints and compliments;

*ensure that feedback is handled in an appropriate, effective and systematic way allowing corrective actions to be put in place where necessary;

*increase the level of community satisfaction with the City’s services;

·                this document lists its next review date as January 2018;

(c)       the Unreasonable Conduct by Customers Policy:

·                the scope of this policy applies to the management of unreasonable conduct by customers, as defined in this policy;

·                in December 2017 this policy was modified to align with Ombudsman NSW Unreasonable Complaint Conduct Model Policy (2013);

·                this document appears as a PDF on the ‘Customer Service Charter’ City website page and lists its next review date as December 2019;

·                this document also appears as an editable version on a recently added City website page ‘Unreasonable Conduct by Customer Policy’ with an updated review date done in 2020;

(d)       a Customer Complaint and Feedback page:

·                this is known on the City’s website as ‘Make a complaint or provide feedback’;

·                "The complaints and feedback procedures aim to ensure the public’s right to comment is protected and promoted";

·                this page also provides an online form with five options for customers to choose the type of contact a customer might want;

·                it does not provide an option to make a complaint;

·                this form also states “We will get back to you regarding any questions, or requests for service, or local issues within two business days or as applicable. If you are providing feedback or giving a compliment, we may not provide you with a response”;

(ii)        that in 2015, the Office of NSW Ombudsman and Department of Customer Service developed CHIP - The Complaint Handling Improvement Program that was adopted by the Secretaries Board for application by all NSW Departments and Agencies as part of the NSW Government's Whole of Government Commitments To Effective Complaint Handling (the Commitments). It recognises that a consistent approach to best practice complaint handling is needed for all major customer facing state government agencies. The six Commitments are:

(a)       Respectful treatment;

(b)       Information and accessibility;

(c)       Good communication;

(d)       Taking ownership;

(e)       Timeliness; and

(f)        Transparency;

(B)      the Chief Executive Officer be requested to:

(i)         investigate and review the City's Customer Complaints and Feedback policies and procedures, and update where required, including but not limited to:

(a)  the Complaints and Feedback Procedures document; and

(a)  the Unreasonable Conduct by Customers Policy;

(i)         review the design and content of the City's website in regard to Customer Complaints and Feedback policies and procedures, including the online form, and make all necessary improvements;

(ii)        take the necessary steps to present to Council what is required to adopt the NSW Ombudsman Complaint Handling Improvement Program (CHIP); and

(iii)      report back to Councillors on the above actions; and

(C)      the Chief Executive Officer be requested to write to the Office of Local Government and Local Government NSW as soon as possible, encouraging all NSW Councils to implement a consistent approach to customer complaint handling by adopting the NSW Ombudsman Complaint Handling Improvement Program (CHIP), should they not already be using the CHIP to guide their complaint handling process.

Carried unanimously.

S129267

Original motion moved by Councillor Scott, seconded by Councillor Vithoulkas –

It is resolved that:

(A)      Council note:

(i)         the NSW Government has submitted a modification to the approved State Significant Development (SSD) application for Fort Street Public School to the Department of Planning, Industry and Environment (DPIE) in late March 2021;

(ii)        residents have expressed concerns that the City’s submission to the Department of Planning, Industry and Environment about the proposed modification does not sufficiently address the heritage and height impacts created by the proposal, to the detriment of the Millers Point area;

(iii)      on 10 August 2021, the Lord Mayor met with the Millers Point Community Resident Action Group (MPCRAG) to listen to their concerns about the proposed modification, among other issues;  

(iv)      the proposed modification would result in additional height to part of Building J that exceeds the height of the heritage-listed Meteorology Building, which is inconsistent with some of the guidelines contained within the Conservation Management Plan (CMP);

(v)       the original proposal received nine objections while on public display, the modification received 85 objections from 93 submissions;

(vi)      the National Trust’s strong objection to the modification as the plans “will have a major impact upon one of the most significant and historically important parts of Sydney” and “the addition of an extra floor level and the increase in scale and bulk goes against all previous planning and heritage advice for this sensitive, State Heritage Listed location”;

(vii)     objectors are concerned that inconsistency with the Conservation Management Plan risks the creeping of the CBD into this important heritage area;

(viii)    while the applicant’s heritage study, responding to community objections to the modifications, recognised that the proposed modification is not fully compliant with all the individual guidelines of the Conservation Management Plan, there are some inconsistencies to achieve good outcomes for different heritage elements;

(ix)      it is not practicable for the City to consult with residents prior to making submissions to the Department of Planning, Industry and Environment about all state significant proposals due to the limited time given to make a submission;

(x)       on 13 August 2021, the Lord Mayor wrote to the Minister for Planning and Public Spaces about the concerns raised by residents and the National Trust with a request he investigate ways for the bulk of Building J to be reduced so their concerns can be appropriately addressed alongside the important heritage considerations of the proposal. The letter also recommended his Department meet with community groups when plans for major government projects are lodged for assessment so their issues can be discussed openly and addressed as early as possible; and

(xi)      a copy of the Lord Mayor’s letter to the Minister for Planning and Public Spaces was sent to the Minister for Education with a request for her Department to work collaboratively with the City, the Department of Planning, Industry and Environment and the community for better outcomes on the project; and

(B)      the Chief Executive Officer be requested to:

(i)         arrange for the City’s Heritage and Urban Design Manager to urgently convene a meeting with the Millers Point Community Resident Action Group and the National Trust to discuss their concerns about the proposed modification and how the design of Building J could be amended to address them; and

(ii)        provide the Department of Planning, Industry and Environment with details of the outcomes of that meeting, including any suggested design amendments to reduce the visual bulk of Building J for their consideration prior to a determination of the modification application, and offer to meet with them to discuss it, if required.

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

S129266

Original motion moved by Councillor Scott, seconded by Councillor Miller -

It is resolved that

(A)      Council note:

(i)         in October 2020, Council unanimously resolved to agree that science must be put first and misinformation about vaccines must be countered with balanced information that does not prey on parental fear, especially when so many people are anxious about the Covid-19 pandemic;

(ii)        experts have warned that vaccine misinformation and uncertainty spread via social media puts the Australian vaccine rollout at risk;

(iii)      14.6 per cent of NSW residents are considered to be vaccine hesitant with six per cent of NSW residents unsure about getting the Covid vaccine and 7.6 per cent unwilling to get the Covid vaccine;

(iv)      policies to reduce vaccine hesitancy need to be carefully targeted at populations most vulnerable and most likely to transmit the virus;

(v)       vaccine hesitancy has been linked to a surge of Covid infections currently happening in the United States of America;

(vi)      City staff have been working in close collaboration with staff from Sydney and South Eastern Sydney Local Health Districts to support testing centres and vaccination clinics, including those targeted at providing vaccines to vulnerable populations.  City facilities have been used wherever practical and appropriate;

(vii)     since the pandemic began, testing and vaccination clinics have been established in Darlinghurst, Surry Hills, Woolloomooloo, Glebe, the CBD and Redfern-Waterloo, including at a number of City of Sydney community facilities.  City staff continue to work closely with NSW Health to support clinics and testing locations, including those in our own facilities;

(viii)    City staff have been sharing health messaging about Covid-19 requirements, testing and vaccinations, including information provided by NSW Health in multiple community languages, with a range of community members, groups, networks and interagencies throughout the pandemic. The City’s community hotline also provides information about vaccination and testing clinics, and other information and referrals as required;

(ix)      the City’s Public Space Liaison Officers continue to patrol daily and provide information, supports and masks to people sleeping rough. The City is also coordinating communications to building managers of boarding houses and community housing providers and is supplying and distributing masks for residents;

(x)       the City distributed hard copy resources to all social and community housing residents with information on support services, including accessing vaccinations.  This resource includes information in community languages so people can access translators for phone services, information on the City’s Community Hotline, mental health services and domestic and family violence;

(xi)      the City’s Sustainable Apartments eNews has been circulated to approximately 2,400 residential properties and included information on public health orders mandating masks in common areas and where to access mental health and financial support;

(xii)     the City’s Community Hotline information poster has been redistributed to social housing networks (public and community housing), including information in six community languages and our Domestic and Family Violence resource has been redistributed in a range of community languages; and

(xiii)    that the Australian Local Government Association wrote to Federal Health Minister Greg Hunt in January about priority vaccinations for local government frontline staff;

(B)      the Lord Mayor be requested to write to the relevant Federal and State Ministers to:

(i)         urgently request that all frontline workers are prioritised to receive vaccinations;

(ii)        seek the urgent opening of more walk-up vaccination clinics in the City of Sydney, further offering the use of Council facilities and other relevant resources for this use; and

(iii)      offer to continue to partner with the State and Commonwealth Governments to extend the support the City is providing, including for example, seek to invite trained health staff who can provide vaccines to accompany the City’s Meals on Wheels and other front line staff, to offer vaccines to vulnerable community members; and

(C)      the Chief Executive Officer be requested to continue and where necessary extend the City’s activities to support the safety of our communities from Covid-19, including testing and vaccination efforts.

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

S129266

 

Moved by Councillor Scott, seconded by the Chair (the Lord Mayor) -

It is resolved that:

(A)        Council note:

(i)          under the City of Sydney Act 1988, the City’s General Manager is required to supply the Electoral Commission with a list of eligible non-resident voters, this list is required to be compiled “as soon as is practicable” after the lapsing of the previous roll;

(ii)         that the City consistently and actively seeks to enrol eligible non-resident voters through their website;

(iii)        at the 2016 Local Government Election, the City of Sydney had 59.98 per cent turnout of eligible voters;

(iv)       in 2016, 55.8 per cent of residents in the City of Sydney were renters. The nature of renting leads to great mobility amongst tenants meaning that people are often moving into, out of and within the City of Sydney leading to electoral addresses commonly being out of date;

(v)         the City’s website has information on the 2021 Election, as well as links to the NSW Electoral Commission (NSWEC) and Australian Electoral Commission (AEC) to enable residents to check their enrolment details, noting that help in a range of languages is available on the page;

(vi)       in the 2016 Election, the City spent $5.652 million on compiling and resourcing the non-resident electoral rolls;

(vii)      to prepare for the 2021 Election, the City is predicted to expend an estimated $491,000 resourcing and compiling the non-residential electoral rolls, in addition to the annual operational cost to maintain the non-residential register of $1.063 million;

(viii)     that a flyer encouraging residents to check their enrolment details with the AEC, and non-residents to apply online, has been distributed to every property in the Local Government Area;

(ix)       the NSW Minister for Local Government’s decision to delay the 2021 Local Government election until 4 December 2021 means that electoral rolls will remain open until 6pm Monday 25 October 2021; and

(x)         that the NSWEC/AEC are responsible for the maintenance of the residential electoral roll;

(B)        the Chief Executive Officer be requested to:

(i)          continue to provide information about the 2021 Local Government Election (save the date/check enrolment details/links to appropriate NSWEC/AEC material) via the City’s communication channels;

(ii)         in line with the NSW Government’s announcement of a new election date, distribute a revised NSWEC ‘Save the Date’ flyer encouraging residents to check and update their enrolment information and outlining participation requirements prior to the close of rolls; and

(iii)        translate this flyer into community languages; and

(C)       Council approve up to $35,000 from the 2021/22 General Contingency Fund for this distribution and translation.

Carried unanimously.

S129266

 

Moved by Councillor Forster, seconded by Councillor Chung -

It is resolved that:

(A)        Council note:

(i)          the Tusk Lion Trail is a global art installation to raise public awareness of the plight of the African lion, and raise vital funds to support community conservation and livelihoods impacted by Covid-19 across Africa;

(ii)         under the proactive Royal Patronage of His Royal Highness, The Duke of Cambridge, the charity, Tusk, has raised and invested more than $100 million into conservation and community livelihoods programmes spanning the African continent;

(iii)        following the huge success of the Tusk Rhino Trail which raised over $1 million for conservation in 2018, the charity is now staging a global Lion sculpture trail supported by an invited list of internationally acclaimed artists, designers, and celebrities who are each being asked to uniquely design/paint a large, life-sized lion sculpture for public display in participating cities this August/September, including London, New York, The Hamptons, Sydney, Wellington, Nairobi, Edinburgh and Bristol;

(iv)       Tusk have secured the support of Australian artist, Jenny Watson, to paint their lion for the Sydney display;

(v)         the Tusk Lion Trail launched globally on 10 August 2021, World Lion Day, with installations installed in Wellington, Nairobi, London and New York. It is still hoped that a Sydney installation with an iconic backdrop such as Sydney Town Hall, can proceed after lockdown restrictions are lifted;

(vi)       each lion will carry details on its base acknowledging the artist, the sponsors, the campaign and a key ‘lion fact’. A QR code will direct the public to more interesting information on the artist, lion conservation and where to view additional sculptures via a dedicated Tusk Lion Trail website; and

(vii)      in September 2013, Council unanimously agreed to support a similar initiative, the Taronga Wild! Rhinos program, the public exhibition of a series of commissioned rhino-shaped artworks promoting creativity, citizenship and environmental awareness; and

(B)        the Chief Executive Officer be requested to engage in discussions with Tusk about a possible Sydney launch of this initiative, including a six-week installation period, following the lifting of lockdown restrictions.

Carried unanimously.

S129260

 

It is resolved that Council:

(A)      note the interim financial performance of Council for the 2020/21 financial year ending 30 June 2021, including the Net Surplus of $148.4M as outlined within the report and summarised at Attachment A to the subject report;

(B)      note the full year Capital Works expenditure of $216.5M for 2020/21, approve the proposed revote of $17.1M and adjustments to future years forward estimates, to increase the adopted 2021/22 budget to $243.6M to progress the planned capital works, as detailed in the Attachment B to the subject report;

(C)      note the Technology and Digital Services capital expenditure of $17.6M (net of disposals) for 2020/21, and approve the proposed revote of $6.5M and other adjustments to future years forward estimates, to increase the adopted 2021/22 budget to a net $22.5M as shown in Attachment B in the subject report;

(D)      note the full year Plant and Assets expenditure of $7.0M for 2020/21, net of disposals, and approve the proposed revote of $5.3M to increase the adopted 2021/22 net budget to $14.5M as show in Attachment B in the subject report;

(E)      note the full year net Property Divestment proceeds of $53.9M;

(F)      note the operational performance indicators and quarter and full year achievements against the Delivery Program 2017-2021 objectives, as detailed in Attachment C to the subject report;

(G)      note the supplementary reports, including contracts issued over $50,000, major legal issues and the Quick Response, Banner Pole and Reduced Rate Grant Programs in Quarter 4, as detailed in Attachment D to the subject report;

(H)      note the Environmental Sustainability Progress Report, as shown at Attachment E to the subject report; and

(I)        note the Community Recovery Plan report, as shown at Attachment F to the subject report.

Carried unanimously.

X025796

 

It is resolved that the Investment Report as at 31 July 2021 be received and noted.

Carried unanimously.

X020701

 

It is resolved that Council:

(A)      endorse "Yananurala" as the new name for the Harbour Walk, acknowledging the significance of naming the walk identified as the first project in the Harbour Walk Storytelling Report endorsed by Council in December 2019;

(B)      note that the name has been identified and approved through consultation with the Metropolitan Local Aboriginal Land Council, the City’s Aboriginal and Torres Strait Islander Advisory Panel and linguist experts as required by the previous resolution of Council; and

(C)      endorse the implementation of this name across wayfinding, in coordination with land-owners, and relevant communications materials.

Carried unanimously.

S110607.005

Memorandum by the Chief Executive Officer

To Council:

On 24 July 2021, the Minister for Local Government announced that the September 2021 local government elections would be postponed to address the risks posed by the Delta outbreak of Covid-19 in Greater Sydney. A new date for the local government elections has been set for Saturday 4 December 2021.

An amendment to the schedule of meetings and briefings for the Council is required to address the implications arising from the changed election date.

Monday 6 September 2021	Briefings (new)
Monday 13 September 2021	Committees (new)
Monday 20 September 2021	Council (new)
Monday 29 November 2021	Briefings (cancelled)
Monday 6 December 2021	Committees (cancelled)
Monday 13 December 2021	Council (cancelled)

The meetings and briefings scheduled for October and November 2021 remain unchanged.

It is recommended that Council meeting dates be amended to take into consideration the delayed election date.

Section 365 of the Local Government Act 1993 states that "the council is required to meet at least 10 times each year, each time in a different month", with "year" meaning the period from 1 July to the following 30 June (the financial year). The amended schedule ensures compliance with the provisions of section 365.

The City's website will be updated with the amended meeting dates if endorsed by Council.

A further report to Council detailing proposed meeting dates for 2022 is also being prepared.

MONICA BARONE

Chief Executive Officer

Attachments

Attachment A.           Amended Schedule of Meetings and Briefings for 2021

Moved by the Chair (the Lord Mayor), seconded by Councillor Scully –

It is resolved that Council adopt the amended schedule of meetings and briefings for 2021, as shown at Attachment A to the subject memorandum.

Carried unanimously.

S063444

AMENDED SCHEDULE OF MEETINGS AND BRIEFINGS FOR 2021
DATE	MEETING
MONDAY 16 AUGUST	·         COUNCIL
MONDAY 23 AUGUST	·         RECESS
MONDAY 30 AUGUST	·         RECESS
MONDAY 6 SEPTEMBER	·         BRIEFINGS
MONDAY 13 SEPTEMBER	·         COMMITTEES
MONDAY 20 SEPTEMBER	·         COUNCIL
MONDAY 27 SEPTEMBER	·         RECESS
SCHOOL HOLIDAYS - Monday 20 September to Monday 4 October 2021, inclusive
MONDAY 4 OCTOBER	·         Labour Day Public Holiday
TUESDAY 5 OCTOBER	·         BRIEFINGS
MONDAY 11 OCTOBER	·       COMMITTEES
MONDAY 18 OCTOBER	·         COUNCIL
MONDAY 25 OCTOBER	·         RECESS
MONDAY 1 NOVEMBER	·         BRIEFINGS
MONDAY 8 NOVEMBER	·         COMMITTEES
MONDAY 15 NOVEMBER	·         COUNCIL
MONDAY 22 NOVEMBER	·         RECESS
MONDAY 29 NOVEMBER	·         BRIEFINGS RECESS
SATURDAY 4 DECEMBER	·         LOCAL GOVERNMENT ELECTIONS
MONDAY 6 DECEMBER	·         COMMITTEES RECESS
MONDAY 13 DECEMBER	·         COUNCIL RECESS
MONDAY 20 DECEMBER	·        RECESS
SCHOOL HOLIDAYS – Monday 20 December 2021 to Wednesday 27 January 2022, inclusive

The recess continues until the first Committee meetings of 2022.

Moved by the Chair (the Lord Mayor), seconded by Councillor Scully -

It is resolved that the Central Sydney Planning Committee adopt the amended Schedule of Central Sydney Planning Committee Meetings and Briefings for 2021, as shown at Attachment A to the subject report.

Carried unanimously.

S128184

 

Moved by the Chair (the Lord Mayor), seconded by Councillor Thalis -

It is resolved that:

(A)        the requirement under Clause 6.21 of the Sydney Local Environmental Plan 2012 requiring a competitive design process is unreasonable or unnecessary in the specific  circumstances;

(B)        the requirement under Clause 7.20 of the Sydney Local Environmental Plan 2012 requiring the preparation of a development control plan is unreasonable or unnecessary in the circumstances; and

(C)       consent be granted to Development Application No. D/2021/35 subject to the conditions set out in Attachment A to the subject report, subject to the following amendments (additions shown in bold italics, deletions shown in strikethrough):

Schedule 1 – Recommended conditions of consent

(7) HERITAGE CONSERVATION WORKS (HISTORIC VICTORIAN FACADE ONLY)

(a)   Prior to the issue of the Construction Certificate, a schedule of conservation works to be undertaken concurrent with the works is to be submitted to Council’s Urban Design and Heritage Manager for approval.

(b)   The schedule is to detail the conservation of all fabric identified as having a heritage value.

(c)   The schedule is to be supported by outline specifications, methodologies and detailed architectural sections, elevations and plans at 1:20 and 1:5 scales. The details should incorporate any structural and/or building services design for the building.

(d)   The proposed works are to be carried out in a manner that minimises demolition, alterations and new penetrations/fixings to the significant fabric of the existing building.

(e)   All conservation and adaptation works are to be in accordance with the Articles of the Australian ICOMOS Burra Charter 2013. Appropriate qualified contractors and tradespersons are to be commissioned who are skilled in traditional building and engineering trades to carry out the proposed scope of works within the heritage building.

(f)    INSPECTION AND APPROVAL: The conservation works are to be progressively inspected by and be implemented to the satisfaction of the Council’s Urban Design and Heritage Manager prior to the issue of any Occupation Certificate or commencement of the use, whichever is the earlier.

(17) FUTURE FOOD USE – MECHANICAL VENTILATION PROVISION

Prior to the issue of a Construction Certificate, the mechanical exhaust systems and/or shafts must be designed to allow for the discharge of effluent air above roof level and must be designed with capacity to accommodate exhaust ducts and mechanical ventilation systems for all commercial tenancies proposed with the potential to become a food premises in the future.  Systems must be designed in accordance with AS1668.2 – The Use of Ventilation and Air-conditioning in Buildings – Mechanical Ventilation in Buildings, and AS1668.1 – The Use of Ventilation and Air-conditioning in Buildings – Fire and Smoke Control in Buildings.

(18) HOURS OF OPERATION

The hours of the commercial and retail premises are restricted to between 7am and 10pm Monday to Sunday.

(a)   The internal hours of operation of any upper level business premises or office premises are permitted to operate 24 hours daily.

 

(b)   The hours of operation of any ground floor retail premises is restricted to between 6am and 7pm daily.

 

(96A) INTERNAL LIGHTING SYSTEM

The internal lighting system for the commercial office spaces must provide for the efficient use of energy including the use of energy efficient light fittings, zoned lighting and controls and sensors to ensure automatic switch off during non-working hours. LED lighting technology (or other technology with an improved lighting power density – watts per square metre) must be implemented. Details of the internal lighting system must be submitted to and approved by the Accredited Certifier prior to a Construction Certificate being issued.

Reasons for Decision

The application was approved for the following reasons:

(A)        The proposal is consistent with Section 4.15 of the Environmental Planning and Assessment Act 1979, in that it achieves the objectives of the planning controls for the site for the reasons outlined in the report to the Central Sydney Planning Committee.

(B)        The proposal generally satisfies the objectives and provisions of Sydney Local Environmental Plan 2012 and Sydney Development Control Plan 2012.

(C)       The proposal is consistent with the objectives of the B8 Metropolitan Centre zone.

(D)       The proposal complies with the maximum height of buildings development standard in Clause 4.3 of the Sydney Local Environmental Plan 2012.

(E)        The proposal complies with the maximum floor space ratio development standard in Clause 4.4 of the Sydney Local Environmental Plan 2012.

(F)        The proposal exhibits design excellence in accordance with Clause 6.21 of the Sydney Local Environmental Plan 2012.

(G)       The proposal has a height and form suitable for the site and its context and satisfactorily addresses the heights and setbacks of neighbouring developments and is appropriate in the streetscape context and broader locality.

(H)       Subject to the recommended conditions of consent, the proposed development achieves acceptable amenity for the existing and future occupants of the subject and adjoining sites.

(I)          The proposed land uses do not result in any significant adverse environmental or amenity impacts on the subject or surrounding properties, the public domain and the broader Sydney Central Business District, subject to the recommended conditions.

(J)         The requirement for the preparation of a site-specific development control plan and the undertaking of a competitive design process is unreasonable and unnecessary in the specific and particular circumstances of the site and proposed development, pursuant to Clauses 7.20(3) and 6.21(6) of the Sydney Local Environmental Plan 2012.

(K)        The public interest is served by the approval of the proposal, as amendments to the development application have addressed the matters raised by the City and the community, subject to recommended conditions imposed, including those relating to materials, public art, landscape plans, and construction management.

(L)        Condition 7 was amended to clarify that the condition applies only to the historic Victorian facade.

(M)       Condition 17 was deleted because the proposed retail tenancies will not have commercial kitchens.

(N)       Condition 18 was amended to align with surrounding café uses in the vicinity, given the intended use of the retail tenancies as advised by the applicant.

(O)       Condition 96A was added because of the proposed allowance for 24-hour internal office use on the upper floors.

Carried unanimously.

D/2021/35

Speakers

Andrew Harvey (Urbis) – on behalf of the applicant, addressed the meeting of the Central Sydney Planning Committee on Item 4.

It is resolved that consent be granted to Development Application No. D/2020/1387 subject to the conditions set out in Attachment A to the subject report, subject to the following amendments (additions shown in bold italics, deletions shown in strikethrough):

(3)       DESIGN MODIFICATIONS

The design of the building must be modified as follows:

(a)       Details of visual and acoustic privacy measures for the operable windows located within corridors to address any adverse impacts originating from hotel rooms and corridors with operable windows within lightwells are to be provided.

(b)       Details and specifications of the ‘fritted glass’ are to be provided.

(c)       Details of all roof top plant are to be specified in plan and elevation.

The modifications are to be submitted to and approved by Council’s Area Planning Manager prior to the issue of a Construction Certificate.

(30)    SITES IN THE VICINITY OF A HERITAGE ITEM – MAJOR DEVELOPMENT

(a)       A protection strategy for the duration of the construction works is to be submitted to and approved by Council’s Area Planning Manager prior to the issue of any Construction Certificate. The Strategy is to detail how the proposed works will ensure that the buildings at 398-408 Pitt St (I856) and 412 Pitt Street is are to be suitably protected and stabilized during the construction process including from any construction waste, dust, damp, water runoff, vibration or structural disturbance or damage.

Additionally, the protection strategy is to include:

(i)         Construction debris on neighbouring properties, in drainage lines or in cavities between the boundary walls of the adjacent buildings, is to be removed progressively as the works progress.

(ii)        A geotechnical report detailing the investigation of the location and depth of footings of the adjacent buildings. This report should address details of lateral ground movement, advice of any additional boundary offsets that may be required as a result of the location of footings and on the suitability of structural engineer's proposals for underpinning or other support to adjacent footings.

Reasons for Decision

The application was approved for the following reasons:

(A)      The proposal is consistent with the concept approval (as amended) that applies to the site.

(B)      The proposal is consistent with the objectives of the B8 Metropolitan Centre Zone.

(C)      The proposal satisfies the relevant controls relating to hotel accommodation.

(D)      The proposal satisfies the design excellence provisions of clause 6.21 of Sydney LEP 2012.

(E)      Condition 3(a) was amended to consider the acoustic amenity of adjacent residents.

(F)      Condition 30 was amended to protect the building at 412 Pitt Street during construction.

Carried unanimously.

D/2020/1387

Speakers

Sue Ostler and Edward Lee.

Kate Bartlett, Rino Criola and Camilla Block – on behalf of the applicant.

Moved by Councillor Scott -

It is resolved that:

(A)      Council note:

(i)         the petition lodged with 76 signatures from local residents calling for the prohibition of drone use, noise amplification and the limitation of noise in Paddington Reservoir;

(ii)        the concerns expressed by local residents regarding the increasing use of Paddington Reservoir for private and commercial purposes including exercise classes and photography;

(iii)      the increase in popularity of social media platforms such as tik tok has led to increasing use of Paddington Reservoir for the creation of social media content often involving significant amplification of music; and

(iv)      since March 2020 Paddington Reservoir has seen significant increase in usage by private exercise classes moving outside to limit the spread of Covid-19, taking up large areas of Paddington Reservoir and limiting the quiet enjoyment of this public space;

(B)      the Chief Executive Officer be requested to:

(i)         conduct a noise survey for a minimum period of a month after stay at home orders have been lifted and activity levels have returned to typical levels and report the outcomes of this via the CEO Update;

(ii)        expedite the Paddington Reservoir Plan of Management review and revision due to the drastic change in the nature of use of this space, to ensure it returns to Council with appropriate noise and use limitations to reflect resident feedback; and

(iii)      undertake to increase the regularity of ranger patrols to support enforcement of this updated Plan of Management; and

(C)      the Lord Mayor be requested to write to:

(i)         the Federal Member for Wentworth Dave Sharma MP to seek support for Paddington residents to reduce illegal drone activity via the Civil Aviation Safety Authority; and

(ii)        the NSW Member for Sydney Alex Greenwich MP to seek support for residents to have noise and other inappropriate activities better regulated by NSW Police.

The motion lapsed for want of a seconder.

Motion lapsed.

S129266

Moved by Councillor Thalis, seconded by the Chair (the Lord Mayor) -

It is resolved that:

(A)      Council note:

(i)         the Department of Planning, Industry and Environment's Design and Place State Environmental Planning Policies (SEPP) Review foreshadows a number of new initiatives and benchmarks for public space;

(ii)        key new metrics in the SEPP focus on walkability, which are determined by block size and street connectivity;

(iii)      the City’s Walking Strategy and Action Plan outlines how we encourage walking by improving footpaths, lighting, wayfinding, shade and seating, reducing pedestrian waiting times at crossings, creating lively interesting streets, improving ramps and footpaths, slowing down traffic;

(iv)      creating a safe, high-quality, connected and inviting walking environment is a key City priority and important to workers, visitors, residents and businesses as evidenced by our ongoing investment to pedestrian and active transport improvements;

(v)       many areas in the City of Sydney Local Government Area (LGA) perform particularly well on such metrics, such as established areas Surry Hills and Newtown as well as areas undergoing positive redevelopment including Pyrmont, Ashmore Precinct, Lachlan Precinct and Green Square that create new and connected street networks;

(vi)      a few areas in the Local Government Area do not perform as well, such as along the broad railway corridor that restricts movement between Surry Hills and Chippendale and between Alexandria/Waterloo and Newtown/Darlington. Similarly fenced enclaves like Moore Park Golf Course frustrate free pedestrian movement;

(vii)     a particular area that is challenging for pedestrians in the Local Government Area is Elizabeth Bay, with its large block sizes and limited connections to Potts Point/Kings Cross/Darlinghurst/Woolloomooloo; and

(viii)    the Lord Mayor and Councillors have been contacted by parents requesting improvements to pedestrian accessibility to Plunkett Street Public School and the Juanita Nielson centre that runs after school care in Woolloomoolloo; and

(B)      in order to assess and potentially improve the walkability and legibility of the network of public spaces, the Chief Executive Officer be requested to:

(i)         conduct a study in the form of a spatial audit of block sizes and intersection frequency in Elizabeth Bay and the limited connections to adjacent areas of Potts Point/Kings Cross/Darlinghurst; and

(ii)        draw on the study in future planning reviews to inform potential solutions to improve walkability and pedestrian connectivity in this area that could have applicability across the Local Government Area, such as:

(a)       new linkages that can be created through the redevelopment of key sites under current controls as well as potentially introducing development uplift, tied to future planning reviews; and

(b)       any new or expanded mechanisms for the creation of public space linkages.

Carried unanimously.

S129265

Original motion moved by Councillor Scott, seconded by Councillor Thalis -

It is resolved that:

(A)      Council note that:

(i)         councils in NSW have an important role in land use planning and development approval;

(ii)        councils assess local development and are able to grant approval, with or without conditions, or refuse an application for development. Local planning controls regulate densities, height, external design and siting, building materials, open space provisions, and the level of developer contribution required to cover physical and/or community infrastructure costs arising from the proposed development;

(iii)      in 2020 NSW Minister for Energy and Environment Matt Kean likened allowing property developers to be elected as local councillors to “putting Dracula in charge of the bloodbank” due to the planning decisions taken by councils;

(iv)      in 2017 the City of Sydney put forward a motion to the Local Government NSW (LGNSW) annual conference that LGNSW adopt a policy which prohibits property developers from holding office as local councillors in NSW;

(v)       property developers have an innate bias in planning decisions and allowing them to serve as local councillors erodes the ability of councils to make independent decisions on planning matters;

(vi)      on 22 June 2021 the NSW Legislative Council amended the Local Government Amendment (Elections) Bill 2021 to include a ban on property developers from holding office as local government Councillors, with “property developer” having the same meaning as “property developer” in the NSW Electoral Funding Act;

(vii)     this bill now awaits consideration by the NSW Legislative Assembly with concerns that the government may amend the bill to remove the ban on property developers holding office as local councillors;

(B)      Council oppose those working as, or close associates of, property developers running to be elected to the City of Sydney Council (property developer and close associate are as defined in the Electoral Funding Act 2018); and

(C)      the Lord Mayor be requested to:

(i)         submit this motion in support of the adoption of a policy which prohibits property developers from holding office as local councillors in NSW to the LGNSW conference for consideration; and

(ii)        write to the NSW Premier, NSW Opposition Leader, NSW Local Government Minister, NSW Shadow Local Government Minister, and NSW Members for Sydney, Wagga Wagga and Lake Macquarie seeking their commitment to oppose any attempt to amend the Local Government Amendment (Elections) Bill 2021 to remove the ban on prohibiting property developers from holding office as local councillors in NSW. 

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

S129266

Moved by Councillor Scully, seconded by the Chair (the Lord Mayor) -

It is resolved that:

(A)      Council note:

(i)         Australia has not adopted a net zero emissions by 2050 target. Australia is out of step with other advanced economies on this point: at the recent G7 meeting, leaders committed to achieving net zero “by 2050 at the latest” as well as more ambitious targets for 2030;

(ii)        the Better Futures Australia initiative is part of a global action supported by Climate Action Network Australia. It is the work of a network of partners who are amplifying climate work already underway by bringing together private and public sector leaders to scale success stories and demonstrate Australia’s readiness for an ambitious national response to climate change;

(iii)      Better Futures Australia is inviting all Australians, including local governments, to join a growing community of climate champions in advocating for a national response that will reach zero emissions by 2050 or sooner;

(iv)      Better Futures Australia have invited local governments around the country, including the City of Sydney, to become a signatory to the call for Australia to reach net zero emissions by 2050. The declaration currently has 61 signatories including the City of Adelaide, Moreland City Council and the Town of Gawler;

(v)       the City of Sydney is far advanced in our commitment to climate action, and we are leading by example when it comes to our ambitious and bold net zero goal by 2035; and

(vi)      this commitment and action puts the City of Sydney in a good position to show other local governments and businesses that climate action can be delivered from the bottom up to support the delivery of the Paris Agreement; and

(B)      the Lord Mayor be requested to sign on to the Better Futures Australia Declaration for net zero emissions by 2050 on behalf of the City of Sydney, to encourage other governments across Australia to follow suit.

Carried unanimously.

S129264

Moved by Councillor Thalis, seconded by the Chair (the Lord Mayor) -

It is resolved that:

(A)      Council note:

(i)         the Local Pedestrian, Cycling and Traffic Calming Committee (LPCTCC) considers the needs of pedestrians, cyclists and motorists in the City of Sydney;

(ii)        Transport for NSW is responsible for the control of vehicular traffic on all roads in NSW. However, in order to deal with the large number and range of traffic-related matters effectively, they have delegated certain aspects of traffic control on local roads to councils;

(iii)      there are four formal voting members of the Local Pedestrian, Cycling and Traffic Calming Committee:

(a)  City of Sydney;

(b)  NSW Police;

(c)   Transport for NSW; and

(d)  Local State Members of Parliament;

(iv)      there are also informal (non-voting) members of the Local Pedestrian, Cycling and Traffic Calming Committee who provide advice from State Transit Authority, Transport Workers Union, a cycling representative and a pedestrian representative;

(v)       the Heart Foundation has called on local governments to ensure all Australian have safe streets for walking and cycling;

(vi)      Transport for NSW are reviewing their Road Safety Action Plan 2026 which aims to:

(a)  reduce drink and drug driving;

(b)  increase speed compliance and safer speed choice;

(c)   create safer urban roads; and

(d)  reduce other unsafe road behaviour (such as driver fatigue);

(vii)     one of the priorities in the City's Community Safety Action Plan 2019-2023 and the Walking Strategy and Action Plan 2015-2030 is to improve road and pedestrian safety;

(viii)    the City has developed an internal Speed Reduction Implementation Plan to reduce the speed limit on all local roads in the Local Government Area to 40km/h. The Plan also includes investigation for 30km/h opportunities;

(ix)      as a result of the Lord Mayor’s advocacy to the NSW Government to reduce roads speeds, around 75 per cent of all streets in the City of Sydney are now proposed to be 40km/h or less;

(x)       traffic movement, noise and barriers to active mobility are serious and costly population health issues;

(xi)      in 2021 alone (at 21 June 2021), 139 lives have been lost on NSW roads;

(xii)     in the past 12 months (at 9 April 2021), there have been 10,029 serious injuries on NSW roads; and

(xiii)    Local Pedestrian, Cycling and Traffic Calming Committee members would benefit from obtaining advice from health professionals; and

(B)      the Chief Executive Officer be requested to:

(i)         commence the process of recruiting a health care representative from the Sydney or South Eastern Local Health District as a non-voting member of the Local Pedestrian, Cycling and Traffic Calming Committee; and

(ii)        report back to Council the outcome of the recruitment process via CEO Update.

Carried unanimously.

S129265

Moved by Councillor Thalis, seconded by the Chair (the Lord Mayor) -

It is resolved that:

(A)      Council note:

(i)         the importance of the work of City Architect Albert Smillie and City Landscape Architect Ilmar Berzins in the design of post-war Sydney;

(ii)        Albert Smillie joined the Sydney Municipal Council as an architectural draftsman in 1924, was appointed Chief Architect in 1949 and became the Council's Principal Architect in 1953, a position held to 1969;

(iii)      the period following World War Two was characterised by economic prosperity and a full job market. Albert Smillie's appointment as Council's head architect in 1949 coincided with a period of intense post-war reconstruction, which was accompanied by a boom in the construction of community facilities including baby health centres, libraries and welfare centres;

(iv)      Albert Smillie oversaw many public projects while at Council such as; sports facilities including Victoria Park Pool, welfare centres, kindergartens, baby health centres, Council housing including in Pyrmont and Glebe and libraries including Anthony Doherty in Surry Hills, Catherine Sloss in Woolloomooloo and Florence Bartley in Kings Cross (awarded the Sulman Medal and now demolished);

(v)       Ilmar Berzins was the first qualified landscape architect to be employed in local government in Australia when he was employed by the City in 1951 and became Director of Parks and Gardens in 1984;

(vi)      in 1946, the City Engineer A H Garnsey and Alderman Ernest Marks had produced a major report to Council which recommended a program of increasing the City’s parks, open spaces, children’s playgrounds and street tree planting. The scheme was adopted by Council as a ‘master plan to prevent haphazard development’ for the next 30 years. Ilmar Berzins was recruited to this team;

(vii)     Ilmar Berzins designed many existing public spaces while at Council including; Arthur McElhone Reserve in Elizabeth Bay, Sandringham Gardens in Hyde Park, Fitzroy Gardens in Kings Cross (much altered), Chessboard Garden in Hyde Park and others which have been demolished including; Fragrance Garden in Cook and Phillip Park;

(viii)    there is a risk that other public works by Albert Smillie and Ilmar Berzins could be lost if they are not identified and if necessary protected;

(ix)      the City commissioned a Heritage Study Review in 2019 into Modern Movement Architecture in Central Sydney;

(x)       Council endorsed the planning proposal for the Modern Movement Heritage Items in June 2020. The report told Council that:

"Central Sydney contains one of the greatest concentrations of post-war Modern Movement buildings in New South Wales. The Modern Movement represents one of the most significant and far-reaching twentieth century design aesthetics. For Sydney, 1945 to 1975 was an exciting and challenging architectural period that determined much of the present physical form of the city centre. The dominance of modern office buildings from this period records the changing role of Australia in an international context and Sydney’s new-found role as a major world financial centre during the 'Long Boom'."

(xi)      a further heritage study could be expanded to include important works under Albert Smillie and Ilmar Berzins in the City of Sydney Local Government Area; and

(B)      the Chief Executive Officer be requested to:

(i)         investigate the commissioning of a heritage study of City projects under Albert Smillie and Ilmar Berzins in the Local Government Area; and

(ii)        report back to Council via the CEO Update on which items could be considered for heritage listing.

Carried unanimously.

S129265

Original motion moved by Councillor Phelps, seconded by Councillor Vithoulkas -

It is resolved that -

(A)      Council note:

(i)         City staff hold regular construction liaison meetings with the community about projects underway at Green Square;

(ii)        between 20 May and 10 June 2021, the City carried out a community consultation program about the revised plans for parking on streets in Green Square, which included an online community briefing session on 31 May 2021;

(iii)      the requests of residents detailed in two petitions tabled at Council on 28 June 2021, including:

(a)       that the existing and currently approved proposal for unrestricted parking on the Northern side of Hansard Street, Zetland, between Portman Street and Joynton Avenue be maintained and not be revised to 2P from 8am to 10pm; and

(b)       that the revised proposal for all two hour metered parking on both sides of Hansard St, Zetland, between Dunning Avenue and Portman Street revert from 2P 8am to 10pm back to the currently approved time of 2P 8am to 6pm;

(iv)      residents who have signed the petition oppose the proposed changes listed in (A)(iii)(a) and (b) due to:

(a)       these changes resulting in a net loss of 32 parking spaces on Portman Street for residents; and

(b)       residents of City West Housing community housing development located at 50 Hansard Street, and 130-132 Portman Street, Zetland, being ineligible for resident parking permits, and not having the same access to visitor parking vouchers;

(v)       the proposed design changes, which include rear to kerb angled parking, will create an overall increase in the number of parking spaces available in the area over the current approved design;

(vi)      as a result of concerns raised in the petitions, changes have been made to parking restrictions on Hansard Street between Dunning Avenue and Joynton Avenue that balance community feedback with the need for on-street parking and the growing Green Square town centre;

(vii)     on 23 July 2021, an update was sent to residents and businesses in the area about the consultation outcomes including information about the proposed changes being reported to the Local Pedestrian, Cycling and Traffic Calming Committee on 14 August 2021;

(viii)    the Neighbourhood Parking Policy is intended to balance sustainability objectives with the fair and consistent management of kerbside parking; and

(ix)      the next scheduled review of the Neighbourhood Parking Policy is in early 2022, when City staff will examine whether changes are required to improve fairness and transparency in relation to how the policy is applied; and

(B)      the Chief Executive Officer be requested to:

(i)         update residents and businesses in the area about the outcome of the Local Pedestrian, Cycling and Traffic Calming Committee meeting of 14 August 2021, when the proposed changes and consultation outcomes will be discussed; and

(ii)        report the outcome from the Local Pedestrian, Cycling and Traffic Calming Committee meeting of 14 August 2021 back to Councillors via the CEO Update.

The amended motion was carried unanimously.

S129263

Original motion moved by Councillor Chung, seconded by Councillor Forster -

It is resolved that:

(A)      Council note:

(i)         Council spends approximately $3.3 million per year on legal services and legal consultancies. The complexity of legal matters ranges at breadth from prosecutions through to civil litigation; and

(ii)        Councillors need to be aware of matters afoot recognising the complex and confidential nature of the material; and

(B)      the Chief Executive Officer be requested to provide Councillors an update in table form every six months of legal matters provided via the CEO Update noting the current status and costs to date which includes:

(i)        significant court proceedings that the City of Sydney is currently involved in, including any matters in the High Court or Federal Court;

(ii)       planning appeal matters, including planning appeal matters relating to development which was, or would have been, the subject of determination by the Local Planning Panel or Central Sydney Planning Committee;

(iii)      significant criminal prosecutions commenced by the City of Sydney;

(iv)      all significant matters finalised in the previous 6 months including outcome and costs for each matter; and

(v)       any other matter which the Chief Executive Officer believes is of significance or importance to the Council.

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

S129259

Moved by Councillor Forster, seconded by Councillor Chung -

It is resolved that:

(A)      Council note:

(i)         taking pets outdoors to a dog-friendly space is important, especially in inner-city areas with high-density dwellings where dogs do not as have much space to exercise;

(ii)        regular off-leash training and exercise in designated off-leash parks helps dogs relieve boredom and release pent-up energy and may also reduce unwanted behaviour such as excessive barking;

(iii)      outdoor exercise also benefits pet owners and builds a sense of community by bringing people together in dog friendly parks;

(iv)      the City of Sydney has a large number of off-leash parks located throughout the local government area, however there are no fenced off-leash dog exercise areas;

(v)       neighbouring local government areas including Inner West, Burwood and Canterbury-Bankstown, have several popular designated fenced off-leash dog exercise areas; and

(vi)      fenced off-leash dog exercise areas provide a safe environment for not only dogs, but other park users including families with small children; and

(B)      the Chief Executive Officer be requested to:

(i)         investigate the installation of a fenced off-leash dog exercise area located in an appropriate location within the local government area as soon as practicable; and

(ii)        consult with the community over the next 12 months about the possibility of the installation of additional fenced off-leash dog exercise areas in locations with the greatest demand.

The motion was lost on the following show of hands –

Ayes (2)          Councillors Chung and Forster

Noes (8)          The Chair (the Lord Mayor), Councillors Kok, Miller, Phelps, Scott, Scully, Thalis and Vithoulkas.

Motion lost.

S129260

Moved by Councillor Forster, seconded by Councillor Chung -

It is resolved that:

(A)      Council note:

(i)         Cleansing Operations is among the City’s largest and most complex frontline services with approximately 230 staff operating across three depots servicing more than 700,000 runs across the local government area each year;

(ii)        the service includes servicing city streets and civic spaces, street litter bins and removing illegal dumps (non-booked) and hazardous waste;

(iii)      service levels across the local government area are designed to balance service outcomes against available resources, however these service levels are flexible and can be adjusted based on factors including spikes or changes in demand, for example, the ongoing Covid-19 pandemic;

(iv)      between January and November 2019, the City received 15,740 reports of illegal dumping, which increased 62 per cent to 25,537 reports between January and November 2020;

(v)       a further breakdown of the City’s data by village shows illegal dumping in areas with more transient populations in east Sydney, Redfern and Glebe accounting for the majority of complaints;

(vi)      to combat illegal dumping the City’s Waste Education team works and engages with the community on more responsible and sustainable waste practices;

(vii)     the City also offers a free ‘book a pick-up’ service, which provides residents with an unlimited number of pick-ups and removal of bulky household waste items. Demand for this service increased by 31 per cent in 2020;

(viii)    the City also has multiple rapid response crews operating in each area to immediately respond to high priority or urgent requests. These requests are generally closed off within 24 hours;

(ix)      over the past few weeks my office has received an increasing number of complaints about illegal dumping in the Darlinghurst area with some reports of waste remaining on the street for multiple weeks; and

(x)       my office has also received feedback that illegally dumped rubbish is only dealt with once it has been reported by residents and that the City could be more proactive in addressing this issue; and

(B)      the Chief Executive Officer be requested to:

(i)         increase illegal dumping patrols in the Darlinghurst area and identify illegal dumping hotspots; and

(ii)        investigate and identify additional proactive actions that the City can implement to ensure illegal dumping across the local government area can be minimised and is dealt with in a timely manner.

Carried unanimously.

S129260