The Panel:

(A)       upheld the variation requested to the 'height of buildings' development standard in accordance with clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012; and

(B)       granted consent to Development Application Number D/2023/71 subject to the conditions set out in Attachment A to the subject report, subject to the following amendments (additions shown in bold italics):

(147) USE OF COMMUNAL OPEN SPACE

Use of the Level 3 and Level 4 communal open space areas must be available for the use by all residents of the building and must be designated as common property on any strata subdivision of the site, with no exclusive rights. Use of the communal open space is limited to between the hours of 6:00am and 10.00pm daily.

All external lighting associated with the communal open spaces must comply with AS/NZS 4282:2019 'Control of the obtrusive effects of outdoor lighting' and must be mounted, screened and directed in a way that does not create a nuisance or light spill on to buildings on adjoining properties.

Reason

To ensure that the use of the communal open space areas does not adversely impact on the amenity of the area.

Reasons for Decision

The application was approved for the following reasons:

(A)       The development complies with the objectives of the E1 Local Centre zone pursuant to the Sydney Local Environmental Plan 2012.

(B)       Based upon the material available to the Panel at the time of determining this application, the Panel is satisfied that:

(i)         the applicant’s written request has adequately addressed the matters required to be demonstrated by clause 4.6(3) of the Sydney Local Environmental Plan 2012, that compliance with the 'height of buildings' development standard is unreasonable or unnecessary and that there are sufficient planning grounds to justify contravening clause 4.3 of the Sydney Local Environmental Plan 2012 and

(ii)        the proposal is in the public interest because it is consistent with the objectives of the E1 Local Centre zone and the 'height of buildings' development standard.

(C)       Having considered the matters in Clause 6.21C(2) of the Sydney Local Environmental Plan 2012, the building displays design excellence because:

(i)         the proposed development provides a high standard of architectural design, materials and detailing appropriate to the building type and its location

(ii)        the proposal will have a positive impact on the subject site, the original heritage fabric, the heritage conservation area and the streetscape

(iii)       the proposed development is compatible with the built form and density of surrounding developments and

(iv)       the proposed development will not result in any detrimental visual privacy, overshadowing, view loss, wind or reflectivity impacts.

(D)       The development is generally consistent with the objectives of the relevant planning controls.

(E)       Appropriate conditions are recommended to ensure the development does not detrimentally impact on the heritage significance of the site.

(F)       The development will not adversely affect the character of the Kings Cross locality or the Potts Point Heritage Conservation Area.

(G)      The development will not unreasonably compromise the amenity of nearby properties.

(H)       Suitable conditions of consent are recommended and the development is in the public interest.

(I)         Condition 147 was amended to further clarify the use of the communal open space.

Carried unanimously.

D/2023/71

The Panel

(A)       upheld the variation requested to the 'height of buildings' development standard in accordance with clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012; and

(B)       granted consent to Development Application Number D/2024/288 subject to the conditions set out in Attachment A to the subject report.

Reasons for Decision

The application was approved for the following reasons:

(A)       The proposal is generally consistent with the relevant objectives and controls of the Sydney Local Environmental Plan 2012 (LEP) and the Sydney Development Control Plan (SLEP) 2012.

(B)       Based upon the material available to the Panel when determining this application, the Panel is satisfied that the applicant has demonstrated that compliance with the Height development standard in clause 4.3 of the Sydney LEP 2012 is unreasonable or unnecessary in the circumstances, and that there are sufficient environmental planning grounds to justify the contravention of the development standard in accordance with the requirements of clause 4.6(3) of the Sydney LEP 2012.

(C)       The proposed development complies with the maximum floor space ratio development standard contained in clause 4.4 of the Sydney LEP 2012.

(D)       The proposed development provides an appropriate contribution that is suitable in terms of its context, scale and built form which is consistent with the desired future character of the area, subject to conditions. As such, the proposed development exhibits design excellence in accordance with the requirements contained in clause 6.21C of the Sydney LEP 2012.

(E)       The development is generally consistent with the objectives of the Sydney Development Control Plan 2012.

(F)       Suitable conditions of consent are recommended, and the development is in public interest.

Carried unanimously.

D/2024/288

The Panel received and noted the subject report.

Carried unanimously.

X019228

 

Decision

Attachments

Schedule of Conditions:-

(A)      On Street Parade Conditions

(B)      Temporary Road Closure Conditions

(C)      Works Zone Conditions

 

Adjournment

At this stage of the meeting, at 8.30pm, it was moved by the Chair (the Lord Mayor), seconded by Councillor Kok –

That the meeting be adjourned for approximately 10 minutes.

Carried unanimously.

All Councillors were present at the resumption of the meeting of Council at 8.41pm.

Procedural Motion

At this stage of the meeting, it was moved by Councillor Thompson, seconded by Councillor Miller –

That Items 16.7 and 16.8 be withdrawn.

Carried unanimously.

Procedural Motion

At this stage of the meeting, it was moved by the Chair (the Lord Mayor) –

That Item 3.3 be deferred to the meeting of Council on 16 December 2024.

Carried unanimously.

Minute by the Lord Mayor

To Council:

For 3 years, the City of Sydney worked with the Property Industry Foundation to find an appropriate City-owned site for their Haven House project, which aims to provide long-term accommodation for young people experiencing or at risk of homelessness.

In 2020, Council approved a heavily discounted 50-year ground lease to the Property Industry Foundation worth $5.9 million for our property at 545–549 South Dowling Street in Surry Hills. This site was chosen because it can accommodate more apartments, was available for 50 years providing security of tenure and is close to transport.

The Property Industry Foundation and the City entered into a formal agreement to secure the long-term lease and invest in redeveloping the property into a new flagship facility. This strong financial commitment enabled the Property Industry Foundation to leverage funding from the NSW Government and the Goodman property group towards planning and construction costs. Without this early commitment from the City and the tireless work of City staff, this project may not have got off the ground.

In February 2024, the Local Planning Panel greenlit the project to deliver a new four-storey building with 10 apartments that will be home for 19 young people. It includes communal recreation spaces and dedicated areas for support service providers.

The building is sensitively designed by architects, Fitzpatrick and Partners and is a modern interpretation of the traditional Victorian terrace, so it respects the streetscape. The design enables independent living with individual kitchens, living rooms and bathrooms in each apartment. Long-term, stable accommodation will promote long-term care and true transition to fully independent living. 

While housing is primarily the responsibility of the NSW Government, the City uses every lever available to maximise Affordable Housing in our area. Long-term leasing or selling land at a discounted rate is one of these levers. Similar projects using this approach include Gibbons Street, Redfern, where we sold a former Council depot at a discount to St George Community Housing delivering 162 social and affordable units, with 45% for Aboriginal and Torres Strait Islander households. In Chippendale, we provided a $3 million grant to St George Community Housing from our Affordable and Diverse Housing Fund to deliver 53 rooms for young people at risk of homelessness and 20 rooms for key workers.

Partnership model

The Property Industry Foundation’s House Program leverages the skills and influence of property and construction industry leaders to build new facilities through in-kind contributions and increase affordable housing stock. They partner with frontline homelessness charities to provide safe, appropriate and affordable accommodation and the necessary wrap around support services.

To date the Property Industry Foundation has delivered 26 beds in NSW, Victoria and Queensland for young people at risk of homelessness. Haven House South Dowling Street will be their largest project delivered, adding another 19 beds to their portfolio.

For Haven House, the Property Industry Foundation has partnered with The Salvation Army to deliver early intervention programs and services on site to support young people once the development is complete. This means its future residents will have access to programs and services to support them through complex health and welfare needs, through services to improve education and financial skills, as well as providing employment training and mental health care.

I was very pleased when earlier this year, the NSW Government also agreed to support the project’s construction through a $3 million grant as well as $1.5 million from private property group, Goodman. This project is a great example of what can be achieved when different levels of government, the private sector and the Community Housing sector work together.

Construction is due to start early next year and expected to be completed in 2026 with Roberts Co as lead construction partners. The Property Industry Foundation will be responsible for operational and structural maintenance and repair of the new building as well as all outgoings.

Haven House is about breaking the cycle of homelessness and providing young people the support and guidance they need in a safe environment.

Not all young people can rely on family support during their childhoods. This innovative model of care will provide those people with the time, personalised attention, mentoring, coaching and access to opportunities needed to lead fulfilling, independent and productive lives.

We are proud to see our initiative with the Property Industry Foundation and others come to fruition and for Haven House to take the next steps towards completion.

COUNCILLOR CLOVER MOORE AO

Lord Mayor

Moved by the Chair (the Lord Mayor) –

It is resolved that Council note:

(A)      the Haven House project at 545–549 South Dowling Street in Surry Hills will deliver long-term transitional housing for 19 young people experiencing or at risk of homelessness;

(B)      in order to bring this housing project to fruition, the City of Sydney provided the Property Industry Foundation with a heavily discounted 50-year ground lease for the site worth approximately $5.9 million;

(C)      the additional financial support from the NSW Government, Goodman property group, as well as The Salvation Army who will provide on-site intervention programs and services to support future residents;

(D)      this project is a great example of what can be achieved when different levels of government, the private sector and the Community Housing sector work together; and

(E)      the important contribution of the City of Sydney’s Chief Executive Officer, Executive team and staff to make this project possible all the way from idea to approval.

Carried unanimously.

S051491

Minute by the Lord Mayor

To Council:

Our changing city

The residential population of the City of Sydney is expected to grow by 27% by 2041, increasing the population from 244,000 to 310,000 people. There are also more people moving into the Green Square Urban Renewal area as developments are completed.

More people are enjoying our streets, parks and open spaces, especially during successful programs like Sydney Streets, while on-street dining has been embraced by many.

In June 2019 Council declared a climate emergency. We are already experiencing the impacts of climate change, and by 2050, urban heating is predicted to increase temperatures between 1.5 and 3 degrees.

We see trees and green spaces as essential infrastructure. Effective and extensive canopy cover can help reduce temperatures on the ground by up to 10 degrees. That’s why we have planted more than 17,000 street trees across our local area since 2005, increasing canopy cover in the City by the equivalent of 80 Sydney Cricket Grounds. More trees create more leaf-drop, which requires more frequent street sweeping and cleaning.

We are also planning to establish Special Entertainment Precincts, building on the growing night life in areas such as King Street in Newtown and Crown Street in Surry Hills. These areas will need more intensive and frequent cleaning.

The City’s street cleaning and sweeping services, work scheduling and staffing levels need to adapt to meet the expectations of our community.

This is in keeping with the recommendation to purchase more cleansing equipment and trucks so the City can increase public domain cleansing services, as outlined in the Quarter 1Review which will be voted on by Council at this meeting.

Waste processing infrastructure

Following the first Sydney Mayoral Summit on Waste, in June 2023 Council unanimously supported my Lord Mayoral Minute - Collective Action on Waste that asked the NSW Government to set the waste levy at an appropriate level, reinvest 100% of the revenue into waste infrastructure and improve approval processes and licensing procedures for new waste processing facilities and landfill sites.

Since then, all 33 Councils of Greater Sydney through Resilient Sydney and their regional organisations have worked with the NSW Environment Protection Authority to address this crisis.

On 1 November 2024, the NSW Environment Minister Penny Sharpe and NSW Environment Protection Authority CEO Tony Chappel hosted the NSW Circular Economy Summit in Sydney.

Minister Sharpe acknowledged that Greater Sydney is on the brink of a waste crisis, and that without new waste and recycling solutions, and some quick decisions and choices, landfill space is predicted to run out by 2030.

It is important that the NSW Government has acknowledged the severity of the waste crisis and has committed to:

·                plan and develop critical waste infrastructure;

·                finalise the review of the waste levy and rolling out a NSW Reuse and Repair Strategy;

·                legislate mandates to phase-in food organics and garden organics waste collection for businesses and households;

·                increase recycling rates by taking certain plastics out of circulation; and

·                take action to prevent contamination through product stewardship schemes for batteries and a review of settings around asbestos.

The NSW Environmental Protection Agency must urgently finalise the NSW Waste Infrastructure Plan, which has been in development for over a year. A clear plan, developed in consultation with key stakeholders including Councils must provide certainty to attract the investment for desperately needed waste facilities.

In September 2024, the Australian Government launched the Great Unwaste, a nationwide campaign to reduce food waste and help households have a positive impact on the planet, and their pockets.

We must capitalise on this momentum by continuing to advocate to the Australian and NSW Governments and work with our new Environment and Climate Change Advisory Panel to develop waste prevention initiatives to change community behaviour and address the larger underlying issues of overconsumption and our throw away mentality.

COUNCILLOR CLOVER MOORE AO

Lord Mayor

Moved by the Chair (the Lord Mayor) –

It is resolved that:

(A)      Council note that:

(i)         the population of the City of Sydney has nearly doubled since 2004 is expected to grow by 27% by 2041, and tree planting and night life activity has increased, which means we need to increase the City’s street cleaning and sweeping services to meet the needs and expectations of our community; and

(ii)        at tonight’s meeting, Council will vote on a recommendation to bring forward $4.7M of funds into the 2024/25 and $3.6M forward into the 2025/26 Plant and Equipment budget to purchase more cleansing plant and equipment to enable an increased public domain cleansing program;

(B)      Council further note that:

(i)         without new waste and recycling solutions, landfill space in NSW is predicted to run out by 2030; and

(ii)        at the NSW Circular Economy Summit in Sydney on 1 November 2024, the NSW Government acknowledged the severity of the waste crisis and its responsibility to address it, including through a Waste Infrastructure Plan for NSW;

(C)      Council note the City is preparing a business case for a new Food Organics and/or Food and Garden Organics service, including a service model to be brought to Council for the 2025/26 financial year;

(D)      the Chief Executive Officer be requested to:

(i)         allocate the additional staff and operational resources needed to improve our street cleaning and sweeping services to the draft 2025/26 Operating Budget;

(ii)        continue to work with the NSW Government, other Greater Sydney Councils, and the waste and recycling industry to achieve adequate and sustainable waste processing infrastructure in NSW to meet future needs;

(iii)      provide further updates to Councillors about the progress and/or outcomes of the current food recycling pilots being undertaken by the City; and

(iv)      consult with the City’s new Environmental and Climate Change Advisory Panel to develop and implement programs and initiatives to help the community prevent and reduce waste; and

(E)      the Lord Mayor be requested to:

(i)         write to Resilient Sydney and the four Sydney Regional Organisation of Councils offering to host a second Sydney Mayoral Summit on Waste in a City venue; and

(ii)        write to the NSW Minister for the Environment to invite the Minister to the Summit and ask the NSW Government to:

(a)       urgently finalise the NSW Waste Infrastructure Plan, and

(a)       establish a whole of government Waste Infrastructure Crisis Management Team, with representatives from Local Government and the waste and recycling industry, to expedite desperately needed waste infrastructure in NSW.

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

S051491

Minute by the Lord Mayor

To Council:

I wish to inform Council of the passing of Sharne Dunsmore, CEO of The Fact Tree Youth & Community Services Waterloo, who sadly lost her brief battle with cancer on 31 October 2024. Sharne is survived by her daughters Marli and Georgia and their other mother, Marilen, and her sisters, Julie and Kerrie.

Sharne worked tirelessly for over 30 years as the CEO and driving force behind The Fact Tree having joined at 28, just three years after the service opened.

Sharne had previously made her mark in the Bondi community working at Ways Youth & Community Services. She brought that passion to the Waterloo community and was a fierce advocate, always making sure the community was treated fairly and with dignity.

She created a space that was warm and welcoming. Everyone always looked for her smile and wave as they walked past. She was devoted, always willing to give her time and have a yarn. Her open door policy created a second home for so many in the community.

Over the years, The Fact Tree has stood alongside the community in challenging times and has provided a consistent source of strength and advocacy. Under Sharne’s leadership, The Fact Tree consistently advocated for policies and programs that prioritise the needs of those most vulnerable in the community.

The City has proudly supported The Fact Tree’s After Hours service since 2011 and provides a fun and diverse program of activities for young people aged 11-18 years every Friday and Saturday night from 4pm-10pm.

Sharne was a unique and charismatic presence. She was the backbone of the community and so many who knew her and grew up in the youth service are full of gratitude that she was there to support them so passionately and for so long right up until the end.

As proud as Sharne was of all her work at The Fact Tree, there were no prouder moments than 14 and 12 years ago when she welcomed her two daughters, Marli and Georgia.

Sharne’s passing is a huge loss to her family, friends and all the young people whose lives she enriched and supported over many years of outstanding and vital work within the community.

COUNCILLOR CLOVER MOORE AO

Lord Mayor

Moved by the Chair (the Lord Mayor) –

It is resolved that:

(A)      all persons attending this meeting of Council observe one minute’s silence to commemorate the life of Sharne Dunsmore, for her decade’s long devotion as CEO of The Fact Tree Youth & Community Services and to the Waterloo community;

(B)      Council express its condolences to her daughters Marli and Georgia and their mother, Marilen, her sisters Julie and Kerrie, staff at the Fact Tree Youth & Community Services Waterloo, and the Waterloo community; and

(C)      the Lord Mayor be requested to convey Council’s condolences to Sharne’s family and the Fact Tree Youth & Community Services Waterloo.

Carried unanimously.

S051491

Note – All Councillors, staff and members of the public present stood in silence for one minute as a mark of respect to Sharne Dunsmore.

Minute by the Lord Mayor

To Council:

I wish to inform Council of the passing of Ian Malcolm Stephenson, curator, educator, advocate and former President of the Glebe Society, at his home in Glebe on 24 October 2024.

Ian was born in Epping on 1 December 1955 to his mother Noreen and father, Austin, a pharmacist. His lifelong fascination for the world around him began in childhood, when he attended Newington College, followed by the Scots School at Bathurst and the University of Tasmania, where he studied history.

A career in taxation at the Australian Taxation Office in Hobart followed. It was during that time, that Ian got to know Clive Lucas OBE, the architect for the Australian Government-funded Port Arthur Conservation Project and pursued his passion for history and heritage.

In 1988, Ian completed a Diploma of Museum Studies at Sydney University while living in Glebe. A highly productive career across a range of heritage organisations ensued including Senior Curator at the National Trust of Australia (NSW), Director of Historic Places in Canberra, and CEO of the National Trust of Australia (South Australia).

While at the National Trust of Australia (NSW), Ian worked closely with Clive Lucas on a re-restoration of Old Government House in Parramatta restoring much of the early 19th century detail that was discarded during works carried out in the 1960s. Ian went on to project manage the re-interpretation of Old Government House to reflect the Macquarie period. Ian’s enthusiasm and commitment secured volunteers for the National Trust for over 2 decades.

Through the 1990s, Ian attended the Victorian Society Summer School in Chicago, which is dedicated to architecture, art, landscape and preservation, and the Attingham Summer School, where the Attingham Trust provided Ian with an important international professional network for the study, curatorship and conservation of historic houses.

As a custodian of historic sites, Ian formed strong friendships with leading heritage thinkers in Australia, the UK and USA and many other people who might otherwise have opposed change.

Ian’s heritage advocacy continued as a member of The Glebe Society, and later he became President followed by roles as Vice President, Planning Convener and Heritage Convener.

Alongside other members, Ian prepared many well-informed development submissions on behalf of the Glebe Society and addressed the City of Sydney Local Planning Panel on several occasions making an important contribution to achieving good outcomes.

During the City’s review of its 75 conservation areas, I met with Ian to discuss Glebe’s significance.

A tireless contributor to the Glebe Society’s Bulletin, Ian was known for the delight he took in sharing his understanding of Glebe’s unique social, political and architectural heritage. His enthusiasm was infectious, frequently leading popular walks through Glebe highlighting the importance of good design and tales of past residents.

Ian was passionate about protecting and preserving heritage listed Bidura House in Glebe and ensuring that repairs and maintenance were embedded in development approval. He opposed the relocation of the Powerhouse Museum from Ultimo, successfully fought for the retention of the Franklyn Street social housing estate, and worked with Hands Off Glebe on a campaign to stop the demolition of 82 Wentworth Park Road, another at-risk social housing estate.

Ian was a trustee and later became Chairman at the Copland Foundation, which sponsors significant acquisitions and conservation of historic Australian places. He also served as the director of Historic Places, ACT, curator of collections at the University of New England, and was a board member of the National Trust of Australia in 2010.

Ian is survived by his sister, Helen Brookes and her husband Michael, who were fortunate to have been reunited with him in the UK earlier this year, and his nieces Rachel and Anthea, who will cherish many happy memories with their uncle.

Ian was good-humoured, fiercely passionate and clever and he made a positive and lasting impact in our community and will be missed by all who knew him.

COUNCILLOR CLOVER MOORE AO

Lord Mayor

Moved by the Chair (the Lord Mayor) –

It is resolved that:

(A)      all persons attending this meeting of Council observe one minute’s silence to commemorate the life of Ian Stephenson and his contribution to heritage protection and preservation and the Glebe community;

(B)      Council express its condolences to Ian’s sister, Helen Brookes, brother-in-law Michael and nieces Rachel and Anthea, The Glebe Society and the Glebe community; and

(C)      the Lord Mayor be requested to convey Council’s condolences to Ian’s sister, Helen Brookes, brother-in-law Michael and nieces Rachel and Anthea.

Carried unanimously.

S051491

Note – All Councillors, staff and members of the public present stood in silence for one minute as a mark of respect to Ian Stephenson.

Moved by Councillor Thompson, seconded by Councillor Worling –

It is resolved that:

(A)       Council note that:

(i)         disabled workers are currently paid as little as $3.01 an hour for their work through the supported wage system, a carve-out in national employment law that allows companies to pay workers up to $24.10 less than the national minimum wage;

(ii)        this practice of paying disabled workers a subminimum wage is unacceptable and does not help disabled people find work;

(iii)       the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability recommended that the Federal Government aim to reduce workplace segregation and achieve wage parity for people with disability by 2034;

(iv)       community support of abolishing the practice of paying disabled workers a subminimum wage is growing rapidly, including internationally in the USA where 19 states and the District of Columbia have already eliminated the practice; and

(v)        on 11 December 2023, Council resolved to request that:

(a)        the Chief Executive Officer as a priority review relevant policies to ensure City services don’t procure from, create, fund or participate, or award new grants for, organisations that participate in segregated services or employment, or engage in restrictive practices; and

(b)        the Lord Mayor to write to the Federal Minster for the National Disability Insurance Scheme and the NSW Minister for Disability Inclusion to advocate for the Australian and NSW Governments to adopt the recommendations of the Royal Commission;

(B)       Council further note:

(i)         the City has in effect implemented a ban on the City supporting Australian Disability Enterprises and segregated employment though the following actions the City and the Lord Mayor have taken in response to the 11 December 2023 Council Resolution:

(a)        reviewed successful grant recipients since 2021/22 to confirm no grants were awarded to organisations that might be engaging in segregated services, employment or restrictive practices;

(b)        reviewed the Grants and Sponsorship Policy and Guidelines to ensure they continue to meet best practice in grants management;

(c)        reviewed suppliers listed in its internal Guidelines for producing and procuring inclusive and accessible communication materials to ensure that no inappropriate organisations are included; and

(d)        audited web pages and list of support services for older people and/or people with disability to ensure there are no references to Australian Disability Enterprises;

(ii)        on 24 January and 9 April 2024 respectively, the Minister for Social Services and the NSW Minister for Disability Inclusion responded to the Lord Mayor’s letter advising the Australian and NSW Governments were still considering their responses to the Disability Royal Commission; and

(iii)       the Australian Government Response to the Disability Royal Commission (July 2024) indicated that it needs to consult with a broad range of stakeholders further before committing to paying employees with disability the full minimum wage;

(C)       Council endorse the community campaign for disabled workers to be paid a minimum wage through abolishing the supported wage system, ensuring companies and Australian Disability Enterprises pay disabled workers the same as everyone else;

(D)       Council agree to:

(i)         support, in principle, a ban on providing grants, funding, and other forms of support, including non-financial support, to Australian Disability Enterprises or companies that pay their workers less than the national minimum wage; and

(ii)        sign on in support of the open letter demanding that subminimum wages for disabled workers be abolished, joining over 37 other national organisations and 223 state and local organisations;

(E)       the Lord Mayor be requested to write to the Industrial Relations Minister, on behalf of the City of Sydney, requesting that the Federal Government urgently implement the recommendations tabled by the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability and abolish the practice of allowing Australian Disability Enterprises and other companies to pay disabled workers a subminimum wage; and

(F)       the Chief Executive Officer be requested to provide advice to Council about other potential amendments to other policies and processes to ensure the City of Sydney is not supporting organisations or groups that undertake the practice of paying disabled workers a subminimum wage.

Carried unanimously.

X113760

 

Moved by Councillor Ellsmore, seconded by Councillor Thompson –

It is resolved that:

(A)      Council note:

(i)         the right to protest remains a cornerstone of democracy; 

(ii)        Council has passed a number of recent motions in support of the right to protest including on 21 November 2022:

(a)       Council resolved to acknowledge that the right to protest is fundamental in a democratic society, condemn harsh police practices with respect to protesters and commit to support and facilitate the right of the community to peacefully protest in the City of Sydney, including outside Sydney Town Hall; and

(a)       Council requested that the Lord Mayor urgently write to the NSW Attorney General, NSW Shadow Attorney General, the NSW Minister for Police and the Commissioner for Police to express support for the right of peaceful gathering meeting and assembly in NSW, and to express the City’s support for the repeal of new laws passed which have criminalised - or increased penalties – protests, through the Roads and Crimes Legislation Amendment Act 2022;

(iii)      in May 2024, the City of Sydney made a submission to the statutory review of the Roads and Crimes Legislation Amendment Act 2022. The review was carried out by Transport for NSW and the Department of Communities and Justice. The Council’s submission restated the Council’s position that the laws should be repealed;

(iv)      on 14 November 2024, Transport for NSW tabled their report from the statutory review. The review had a strong community response, with 1,462 individual submissions and 20 organisational submissions, nearly all opposing the new laws. It is notable that the Transport for NSW report did not acknowledge the City of Sydney as one of the organisations that had made a submission in relation to the Roads and Crimes Legislation Amendment 2022;

(v)       the Transport for NSW review report recommended establishing a cross government working group with stakeholder agencies to “investigate difficulties with interpretation and enforcement of the legislation”;

(vi)      on 13 November 2024 the Attorney General introduced further changes to criminalise or increase penalties for protest activities, this time through the Crimes Amendment (Obstructing a Railway) Bill 2024 to NSW Parliament. The Bill seeks to introduce $22,000 fines for obstructing light rail, railways and trams;

(vii)     the bill was passed by the NSW Parliament on 21 November 2024;

(viii)    the changes will particularly threaten public protests outside the Sydney Town Hall, due to the light rail; and

(ix)      on 13 November 2024, 13 civil society organisations wrote to the Premier and Attorney General stating their opposition to the latest bill and proposed new fines;

(B)      Council affirm that community consultation is essential in the process of introducing or sustaining any legislative changes that limit the right to protest;

(C)      Council reaffirm its support for the right of people to peacefully protest, including outside the Sydney Town Hall, and on property and spaces that it owns or controls;

(D)      Council note that the City of Sydney has declared a climate emergency and over many years undertaken significant action to reduce its own emissions and adapt to the impacts of climate change;

(E)      Council note that coal exports from the port of Newcastle are responsible for exporting more than 95M tonnes each year;

(F)      Council note that over the weekend, 170 adults and 14 young people were arrested at the Rising Tide Peoples’ Blockade in Newcastle and 40 under section 241A(b) of the Crimes Act 1900 (NSW) (anti protest laws);

(G)      the Lord Mayor be requested to urgently write to the NSW Attorney General, NSW Shadow Attorney General and the NSW Minister for Police and the Commissioner for Police:

(i)         to express support for the right of peaceful gathering, meeting, and assembly in NSW;

(ii)        to express the City’s opposition to the expansion of anti-protest laws through $22,000 fines for obstructing light rail, railways and trams;

(iii)      to ask why the City of Sydney submission to the statutory review of the 2022 laws was not considered by Transport for NSW; and

(iv)      to request that any cross government working group formed to consider the implementation on the 2022 laws include City of Sydney and civil society representatives; and

(H)      that Council approve a donation of $22,000 from the 2024/25 General Contingency Fund be made to Rising Tide.

The motion was carried on the following show of hands –

Ayes (9)          The Chair (the Lord Mayor), Councillors Ellsmore, Kok, Maxwell, Miller, Thompson, Weldon, Wilson and Worling.

Noes (1)          Councillor Gannon.

The motion, as varied by consent, was carried.

X113765

 

The original motion was moved by Councillor Wilson and seconded by Councillor Maxwell.

It is resolved that:

(A)      Council note that the City delivers services and capital works through a mix of in house delivery and external contractors;

(B)      Council support the ongoing delivery of good public services for the benefit of the community and residents of the City of Sydney;

(C)      Council support the delivery of key council services by City staff where appropriate but recognises that using external providers can offer the opportunity to save ratepayers money, provide a higher level of service through access to specialised skills, expertise, technology and equipment, and increase our service flexibility and scalability;

(D)      Council thank the staff of the City of Sydney and its contractors for their hard work and dedication to the delivery of world class public services for the residents and businesses of our city;

(E)      Council note that ensuring Australia’s global city is the best place to live, work and visit is a unique responsibility and requires sound financial management and effective analysis of the best methods of service delivery;

(F)      Council note the City currently gives practical consideration as to how services are best delivered to ensure efficient, effective and sustainable delivery of our many and complex roles. This includes undertaking business cases for new services to determine whether external organisations or in-house delivery provides the best quality services and the best value for money for ratepayers;

(G)      Council note that whenever the City engages external expertise and services we do so through a robust procurement process and Independent Probity Auditors are used to provide assurance of major tender processes;

(H)      Council acknowledge that delivering key council services by City staff and external contractors provides secure, well paid jobs in the City;

(I)        Council recognise that the increased use of external contractors and consultants in local government services, while often necessary, has seen examples of inefficiencies, inflated costs, and a growing overdependence on external expertise;

(J)       Council note the Commonwealth, ACT and NSW Governments are prioritising the development of public service capabilities to insource key functions and reduce outsourcing expenditure, a strategy that has proven to increase service quality, foster innovation, and generate long-term savings;

(K)      Council note that the ACT Insourcing Framework (2023) and ACT Insourcing Policy (2023) is a detailed guide for assessing the benefits and challenges of insourcing and has been instrumental in shifting service delivery back into the ACT public sector;

(L)       Council support the development of a City of Sydney Sourcing Framework to build on the City’s current practices and enhance the information and evidence base to Council in making decisions on service delivery methods for new services and the renewal of key service delivery contracts;

(M)     Council note that the contracts register published by the City does not currently differentiate goods acquired from services engaged by the City in the 296 outsourced contracts entered into over periods of up to 15 years; and

(N)      the Chief Executive Officer be requested to:

(i)         develop a Sourcing Framework for the City of Sydney to be brought back to Council by 30 June 2025;

(ii)        consult with local stakeholders, relevant unions, community groups, and industry experts, in the development of the Framework for the City;

(iii)      develop an Oncosts Policy for Council outlining standard assumptions made by City staff about the cost and staff required for the delivery of a service in-house; and

(iv)      provide a report to Council outlining the City’s major service contracts on the contracts register including the contract terms, cost and number of jobs supported.

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

Ayes (5)          The Chair (the Lord Mayor), Councillors Kok, Gannon, Miller and Worling

Noes (5)          Councillors Ellsmore, Maxwell, Thompson, Wilson and Weldon.

The Chair (the Lord Mayor) exercised her casting vote in favour of the motion.

Amended motion carried.

X113758

 

 

Memorandum by the Chief Executive Officer

To Council:

Greater Sydney Parklands is a NSW Government agency established in July 2020 to manage some of Sydney’s most iconic parks: Centennial Parklands (including Moore Park and Queens Park), Western Sydney Parklands, Parramatta Park, Callan Park and Fernhill Estate.

Each parkland in the Greater Sydney Parklands (GSP) estate – Callan Park, Centennial Parklands, Fernhill Estate, Parramatta Park and Western Sydney Parklands – has a Community Trustee Board (CTB). The boards provide advice and recommendations from a community perspective to make decisions about the parklands, and include community members with heritage, First Nations and local government expertise.

The Community Trustee Boards play a key advisory role for Greater Sydney Parklands. They represent a broad range of community interests and local perspectives on park stewardship, activities and usage. They also advise the Greater Sydney Parklands Trust (GSPT) on environmental, heritage and cultural matters.

The Greater Sydney Parklands Trust Act 2022 specifies that each Community Trustee Boards will have at least 7 members. This includes:

a member nominated by each relevant local council as community representatives – there is provision for City of Sydney, Randwick, Waverley and Woollahra councils to each nominate a representative to the Centennial Park and Moore Park Community Trustee Board. Note: additional Council representatives may attend Community Trustee Board meetings as non-voting observers.

up to 6 other members, including a First Nations representative and heritage representative, will be appointed by the Minister for Planning and Public Spaces, on the advice of the Greater Sydney Parklands Trust.

In line with the Act, positions on the Community Trustee Board for Centennial Park and Moore Park are voluntary and not remunerated.

On 31 October 2022, Council endorsed the nomination of the Lord Mayor Councillor Clover Moore AO, as the City of Sydney representative to the Community Trustee Board for Centennial Park and Moore Park. The Minister subsequently approved the appointment. At that meeting, Council also endorsed former City of Sydney Councillor, Philip Thalis as the Lord Mayor’s delegate.

The first term of the Centennial Park and Moore Park Community Trustee Board expires on 31 December 2024.

Community Trustee Board members can hold office for a period not exceeding 5 years. Members are appointed by the Minister for 2 years in the first instance and are eligible (if otherwise qualified) for re-appointment – for a maximum of 2 consecutive terms.

All Community Trustee Board members for the next term need to be appointed by the Minister by late 2024. Greater Sydney Parklands have requested that the nomination for the representative for the Centennial Park and Moore Park Community Trustee Board be made by Monday 2 December 2024.

MONICA BARONE PSM

Chief Executive Officer

Moved by Councillor Worling, seconded by Councillor Miller –

It is resolved that Council:

(A)      nominate and endorse Lord Mayor Clover Moore AO as the City of Sydney representative to the Community Trustee Board for Centennial Park and Moore Park;

(B)      nominate and endorse former City of Sydney Councillor, Philip Thalis, as the Lord Mayor’s delegate who is an architect with expertise in heritage, urban design and public space projects; and

(C)      note the Community Trustee Board for Centennial Park and Moore Park Terms of Reference as shown at Attachment A to the subject memorandum.

Carried unanimously.

S127007.015

 

Moved by Councillor Maxwell, seconded by Councillor Worling –

It is resolved that:

(A)        Council note:

(i)           the City of Sydney’s Environmental Strategy 2021-2025 prioritises initiatives that reduce the amount of waste sent to landfill through resource recovery and the development of circular economy systems. The use of recycled materials in infrastructure pavements represents a significant opportunity to support these actions;

(ii)         the City of Sydney has been at the forefront of promoting sustainability in infrastructure pavements over many years. This is reflected by the ongoing use of recycled materials in pavements and our active participation in trials to consider the viability of more sustainable materials;

(iii)        in 2021 the City of Sydney started delivering road works under the Southern Sydney Regional Organisation of Councils (SSROCs) ‘Paving the way’ program. The program has already successfully ensured that 10.8 million glass containers are recycled for use in asphalt each year, when they are not able to be used to make another glass container. Each year the City of Sydney is now recycling more than 500,000 glass containers into asphalt pavements under this program;

(iv)        SSROC has also recently proceeded with a crumb rubber asphalt demonstration project. Northern Beaches Council, Burwood Council and the City of Sydney were selected for a more in-depth investigation into the potential environmental benefits of using crumb rubber in council asphalt roads. The findings were promising and indicated that the project was a success;

(v)         the City of Sydney routinely uses recycled asphalt and crushed recycled glass in asphalt mixes where available. The ongoing use of these recycled materials by the broader sector has cleared backlogs of these materials and has ensured they have an ongoing circular reuse;

(vi)        in recent years the City of Sydney has conducted various trials testing the use of sustainable materials in asphalt pavements including recycled crumb rubber, recycled soft plastic, recycler toner and recycled aggregates. The City of Sydney has also used warm mix asphalts, which have a reduced carbon footprint;

(vii)      a geopolymer concrete blend has also been trialled in a City of Sydney road pavement in Wyndham Street Alexandria. The sustainable concrete blend uses an alternative cement that generates only 180 kilograms of CO2 per tonne, compared to 900 kilograms used in producing traditional cement. With 70% of the concrete produced today going into pavements and footpaths, considering alternative materials with lower carbon footprints has great potential to further lower emissions from our operations;

(viii)     the City of Sydney now uses a low carbon concrete for our footpath pavement renewal works which incorporates substituted cementitious products to replace cement, recovered sands and aggregates and recycled water. Demolished materials from these works are also recycled where practical; and

(ix)        generally, the City of Sydney finds that all the innovative sustainable materials trialled are proven to be technically feasible. The ongoing use of many of the trialled products is possible once supply chain barriers are removed and when there is strong sector uptake to overcome operational and cost limitations; and

(B)        the Chief Executive Officer be requested to report to Council via a CEO Update:

(i)           the total volumes of asphalt and concrete road pavement materials projected to be used within the City of Sydney’s annual road pavement programs;

(ii)         further information about the proportion of sustainable materials used in road pavement works delivered by the City of Sydney;

(iii)        further advice regarding the barriers that may be limiting the use of materials already trialled, and what further consideration is being given to overcome these barriers;

(iv)        further detail about what other sustainable materials are planned to be trialled in infrastructure pavements, including consideration of recycled sand and low carbon asphalt;

(v)         a summary of the findings resulting from the trial of geopolymer concrete in the road pavement on Wyndham Street, Alexandria; and

(vi)        a summary of the findings resulting from the use of recycled crushed glass in the asphalt pavement on Clarence Street, Sydney. 

Carried unanimously.

X113762

 

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

It is resolved that:

(A)      Council note:

(i)         the findings of the Red Zone report, co-authored by investigative journalist, Nina Funnell and End Rape on Campus Ambassador, Anna Hush, including:

(a)       that a culture of misogyny and sexism is rife within residential colleges;

(b)       a longstanding history of aggressive, sexually violent and dangerous behaviours exhibited within residential colleges, including gang rape and murder, over many decades;

(c)       that hazing and ritual humiliation of students within residential colleges has a long and well-documented history, with victim-survivors reporting self-harm and, in some cases, suicide; and

(d)       that the very social structure of the residential colleges creates the conditions that enable and propagate rampant abuse and misogyny;

(B)      Council further note:

(i)         on 30 October 2024, University of Sydney students were filmed tearing up the Red Zone Report, which exposed a rape and sexual violence epidemic in universities. The incident occurred during a USYD Student Representative Council meeting, when two conservative club members destroyed copies of the report on sexual violence and hazing in university colleges;

(ii)        in response, over 100 students and community members attended a vigil hosted by the USYD Women’s Collective. Speakers, including outgoing and newly elected Women’s Officers, emphasised the need to abolish university colleges to prevent misogyny and violence towards women;

(iii)      reports of sexual assault and harassment at the University of Sydney more than doubled last year, with nearly 250 victims, according to the second Annual Report on Sexual Misconduct;

(iv)      that there currently exists a campaign calling for the abolition of the University of Sydney colleges by some advocacy groups in Sydney;

(v)       National Survivors Day on 12 November commemorates the courage of survivors of sexual assault and institutional abuse, as well as their supporters and whistleblowers across Australia;

(vi)      in April 2024, an international student from the University of Sydney tragically died in the Westfield Bondi Junction stabbing attacks;

(vii)     in August 2024, another University of Sydney student, Xiaoting, was also tragically killed as a result of gender-based violence;

(viii)    in 2023, another local university student from within the Sydney Local Government Area, Lilie James, was horrifically murdered in her workplace at St Andrew’s Cathedral School as a result of gender-based violence;

(ix)      the critical need for the University of Sydney to be a safe space for all students and staff, and stress the importance of fully implementing the Red Zone Report to prevent future violence at the University of Sydney;

(x)       the ongoing work required to prevent sexual assault and harassment by all universities, and the failure of the Sydney University Colleges to address these issues effectively;

(xi)      the City of Sydney has continually supported efforts to combat gendered violence by working with local groups, key stakeholders, and governments at all levels to assist victim-survivors;

(xii)     the City of Sydney’s continued advocacy, in particular recognising the March 2024 Gender-Based Violence Lord Mayoral Minute, which emphasised the City’s role in leading and supporting interagency networks to improve responses to gender-based violence and to promote gender equality; and

(xiii)    that tackling gender-based violence is a shared responsibility at local, state, and federal levels, with ongoing collaborative engagement and measures consistently taken to prevent such tragedies in the future;

(C)      Council recognise the collective efforts and campaign for decades to end these practices, including the long-running campaign led by the University of Sydney Women’s Collective to abolish the colleges;

(D)      Council reaffirm that the City of Sydney Council condemns acts of gender based violence in all forms and that this includes any gender-based violence at local universities; and

(E)      Council adopt the position that:

(i)         all students should live free from the threat of sexual violence, bullying, intimidation and hazing rituals; and

(ii)        all students deserve access to affordable, accessible and safe housing;

(F)      the Lord Mayor be requested to:

(i)         write to the Vice Chancellor, Chancellor and heads of all residential colleges of the University of Sydney:

(a)       to express the City of Sydney’s denunciation of gender-based violence and affirm its commitment to stand in solidarity with victims of gendered based violence alongside Sydney Universities in the City of Sydney Local Government Area;

(b)       about the failure to make substantial changes to prevent and change attitudes towards sexual assault, sexual harassment, bullying, hazing, and alcohol abuse in the residential colleges. In addition to pushing for further commitments from the University to prevent gender-based violence and their causes in all colleges in the future; and

(c)       requesting that the University implements the findings and recommendations of the 2018 Red Zone Report into Sexual Violence and Hazing in Australian university residential colleges undertaken by ‘End Rape on Campus Australia’. This includes committing to reforming all University of Sydney residential colleges to better protect students on campus;

(ii)        write to NSW Premier, Chris Minns; NSW Minister for Skills, TAFE and Tertiary Education, Steve Whan; NSW Minister for Education, Prue Car; and the Federal Minister for Education, Jason Clare, requesting a response on the actions that the Federal and NSW Governments will take to prevent these types of incidences occurring in future at the University of Sydney and at other universities, as well as the measures taken to address this issue at the University of Sydney specifically; and

(iii)      write to the Women’s Officer of the University of Sydney to thank them for organising the University of Sydney vigil to remember and recognise victims and survivors of gender-based violence.

The substantive motion, as varied by consent, was carried on the following show of hands –

Ayes (9)          The Chair (the Lord Mayor), Councillors Ellsmore, Gannon, Kok, Maxwell, Thompson, Weldon, Wilson and Worling

Noes (1)          Councillor Miller.

The motion, as varied by consent, was carried.

X113765

Moved by Councillor Maxwell, seconded by Councillor Ellsmore –

It is resolved that:

(A)       Council note:

(i)         the Victoria Barracks was built in 1841. It was the third barracks built in Sydney and housed British soldiers until 1870 when it was occupied by colonial forces and the Australian army. It included accommodation, a hospital and prison;

(ii)        the site is on the State Heritage Register, the Commonwealth Heritage List and is locally heritage listed;

(iii)       the Victoria Barracks precinct is seen as the finest complex of colonial barracks (pre-1850) in Australia and is still currently in military use;

(iv)       it contains one of the most important groups of Edwardian military buildings in Australia and is a good and intact example of nineteenth century military barracks;

(v)        the site is the only substantial military barracks complex built in Australia in the early Victorian period;

(vi)       the precinct is also seen as a valuable site for future archaeological investigation of past methods of construction and ways of life;

(vii)      Audit of ADF Land: The 2024 National Defence Strategy (NDS) recommended an audit of Australian Defence Force (ADF) land holdings, including the Victoria Barracks site in Sydney. The audit report was submitted to federal ministers in December 2023 but has not been made public. The auditors, Jan Mason, former Managing Director of Defence Housing Australia, and Jim Miller, Chair of Infrastructure Victoria, were tasked with assessing whether Defence’s high-density urban property holdings align with the military's current requirements;

(viii)    Plans for Victoria Barracks: During a Senate estimate in February 2024, Celia Perkins, Deputy Secretary for ADF's Security and Estate Group, stated that the ADF regularly reviews and manages its land holdings, balancing investments to support ADF capabilities;

(ix)       Current Use: The Victoria Barracks is home to Forces Command (FORCOMD), which oversees 85% of Army personnel, and the Australian Army Band Sydney;

(x)        Heritage and Redevelopment Potential: The barracks, including its green space, is listed on the Commonwealth Heritage Register. About 30% to 50% of the site is heritage-protected, but the remaining area could potentially be redeveloped if the site is divested;

(xi)       Land Area and Housing Potential: The site covers 0.15km². Given the density of surrounding Paddington, it’s a site that could potentially accommodate the growing demand for new housing and could provide housing solutions for City of Sydney residents in the future;

(xii)      Location and Accessibility: The site is strategically located on Oxford Street near Moore Park, which currently has limited public access. Redevelopment could improve community access to green space and bike paths and would have public benefit in a variety of domains;

(xiii)    Potential Public Benefit: If the Victoria Barracks site is divested, it could provide significant public benefits, including housing and enhanced community amenities for the diverse residents of the City of Sydney; and

(xiv)    it is in the City’s interests to be prepared for the possibility that this land could be available for alternate uses and should be proactive in its approach to this should the opportunity arise in the future;

(B)       the Chief Executive Officer be requested to:

(i)         ask City of Sydney staff to establish a set of guiding principles for the potential use of the Victoria Barracks site should the land be up for divestment. These principles will provide the Council with a framework should divestment come up in future;

(ii)        recommend that these principles should consider the high heritage value of the site and should also be open to meeting the needs of the community. This should include prioritising considerations of public greenspace, cultural uses and affordable housing, as well as ensuring there is meaningful community engagement in decision making processes; and

(iii)       prepare initial guidelines for community consultation on potential land use of the site for maximum public benefit. These and the guiding principles could be used in future for a study or masterplan commissioned by the City of Sydney staff in relation to the use of the Victoria Barracks site; and

(C)       the Lord Mayor be requested to write to the Minister for Defence Richard Marles to request a briefing for the City of Sydney Council on future plans for Victoria Barracks in Paddington and other ADF owned land in our Local Government Area, and a commitment to consult with the City of Sydney and the local community about future plans for the site.

Carried unanimously.

X113762

 

Moved by Councillor Worling, seconded by Councillor Gannon –  

It is resolved that:

(A)        Council note:

(i)           local households create and throw out close to 400 tonnes of extra waste at Christmas;

(ii)         in the City of Sydney, specifically, approximately 70 extra garbage trucks are filled with waste over the holiday season; and

(iii)        the City already encourages its residents to think about the environment and discard of waste responsibly at Christmas via opportunities such as:

(a)         accepting natural Christmas trees in the green-lid garden organics bin, or via a free weekly pick-up service for bulky items;

(b)         popular holiday items such as batteries, Christmas lights and polystyrene can be dropped off at the City’s recycling stations at libraries, customer service and community centres; taken to the Ultimo recycling pop-up; brought to the quarterly Recycle It Saturday events, or booked in for a doorstop recycling collection; and

(c)         the City has dedicated pick-ups for garden waste, mixed recycling, food scraps (for some properties) and general waste; and

(B)        the Chief Executive Officer be requested to:

(i)           investigate opportunities to expand our promotion of the City’s many recycling services available to residents and how to responsibly discard of unwanted items during the holiday season;

(ii)         expand the City’s education about how to avoid and reduce waste over the festive season, including how to responsibly discard your Christmas tree and seafood scraps;

(iii)        as part of the promotional material, include links to the City’s other circularity initiatives and Good News Stories of where these items can end up if disposed of correctly; and

(iv)        provide an update to Councillors via the CEO Update on actions undertaken.

Carried unanimously.

X113756

 

It is resolved that Council approve the recommendation contained within Confidential Attachment A to the subject report.

Carried unanimously.

X109578

It is resolved that:

(A)      Council approve an exemption from tender in accordance with section 55(3)(i) of the Local Government Act 1993 to contribute $2,379,739 to the Planning Agreement for 130 Joynton Avenue, Zetland;

(B)      Council note that a satisfactory result would not be achieved by inviting tenders for this work because:

(i)         the developer will be delivering community infrastructure in the form of new public roads and parks as works-in-kind required by Clause 6.14 of Sydney Local Environmental Plan 2012;

(ii)        the infrastructure works will be coordinated and delivered as one project in a timely manner as part of the re-development of the entire site at 130 Joynton Avenue, Zetland;

(iii)      delivery as part of the Planning Agreement will facilitate completion of public infrastructure approximately 4 years earlier, which will reduce disruption to the local community as works could not otherwise commence until the developer’s works were completed and land dedicated to the City;

(iv)      physical constraints prevent the separate delivery of works by the City in a cost-efficient manner, due to substantial level changes necessitating temporary and redundant works such as retaining walls;

(v)       delivering the works separately would restrict the pedestrian and vehicle access to the new development, necessitating a lengthy and expensive construction methodology by the City; and

(vi)      the engagement of the developer to do the works provides value for money to the City as the offer by Deicorp Projects (Joynton Ave) Pty Ltd has been peer reviewed by the City’s quantity surveyor and provides financial savings when compared to the works being undertaken separately by the City in the future, including through elimination of temporary works, whole-of-site access for excavation, bulk earthworks, etc and given the developer’s existing knowledge, resources and experience associated with the project site; and

(C)      Council endorse the City’s payment of $2,379,739 from the Epsom Park Precinct New Open Space project and Traffic Signals project contained in the capital works budget and Long Term Financial Plan as a partial payment of the cost of the developer’s works as part of the Planning Agreement for 130 Joynton Avenue, Zetland.

Carried unanimously.

VPA/2023/4

It is resolved that Investment report as at 31 October 2024 be received and noted.

Carried unanimously.

X020701

It is resolved that:

(A)      Council note the 60th anniversary of the Freedom Ride on 12 February 2025;

(B)      Council note the impact and legacy of the Freedom Ride as one of Australia’s most significant civil rights events;

(C)      Council approve a total expenditure of up to $135,300 (including GST) to deliver a program of events to mark the 60th anniversary of the Freedom Ride from the 2024/25 General Contingency Fund or savings from the City Life 2024/25 operating budget;

(D)      authority be delegated to the Chief Executive Officer to negotiate, execute and administer any contracts with suitable supplier(s) relating to the events; and

(E)      Council note further details of the event will be shared with Council through the CEO Update.

Carried unanimously.

X092336

It is resolved that Council adopt the revised Investment Policy and Investment Strategy for the management and investment of Council’s funds, as shown in Attachments A and B to the subject report.

Carried unanimously.

X020701

It is resolved that:

(A)      Council approve the Planning Proposal - Chinatown Heritage Items, Haymarket as shown at Attachment A to the subject report for submission to the Department of Planning, Housing and Infrastructure with a request for gateway determination;

(B)      Council approve the Planning Proposal - Chinatown Heritage Items, Haymarket as shown at Attachment A for public authority consultation and public exhibition in accordance with any conditions imposed under the gateway determination;

(C)      Council seek authority from the Department of Planning, Housing and Infrastructure to exercise the delegation of all the functions under section 3.36 of the Environmental Planning and Assessment Act 1979 to make the local environmental plan and to put into effect the planning proposal; and

(D)      authority be delegated to the Chief Executive Officer to make any minor variations to the Planning Proposal - Heritage Items - Chinatown to correct any drafting errors or to ensure consistency with the gateway determination.

Carried unanimously.

X099927

 

It is resolved that:

(A)      Council note the submissions received from the community on the exhibited draft Cultural Strategy 2025-2035, as shown at Attachment B to the subject report;

(B)      Council adopt the Cultural Strategy 2025-2035, as shown at Attachment A to the subject report;

(C)      authority be delegated to the Chief Executive Officer to make amendments to the Cultural Strategy 2025-2035 in order to correct any minor drafting errors and finalise design, artwork and accessible formats for publication; and

(D)      Council commit to expanding the creative live/work spaces program to ensure that extending tenancies from one to 2 years doesn’t result in a reduction of the overall number of tenancies available to early career artists.

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

X099822

It is resolved that:

(A)      Council approve the cash and value in kind recommendations for the Innovation and Ideas Grant program as shown at Attachment A to the subject report;

(B)      Council note the applicants who were not recommended in obtaining a cash grant or value-in-kind for the Innovation and Ideas Grant program as shown at Attachment B to the subject report;

(C)      Council note that all grant amounts are exclusive of GST;

(D)      grants be approved on the condition that, where Council funds research through the grants program, it is a condition of the funding that the research be freely available for use by the Council and the public, where appropriate;

(E)      authority be delegated to the Chief Executive Officer to negotiate, execute and administer agreements with any organisation approved for a grant or sponsorship under terms consistent with this resolution and the Grants and Sponsorship Policy; and

(F)      authority be delegated to the Chief Executive Officer to correct minor errors to the matters set out in this report, noting that the identity of the recipient will not change, and a CEO Update will be provided to Council advising of any changes made in accordance with this resolution.

The amended motion was carried on the following show of hands –

Ayes (7)          The Chair (the Lord Mayor), Councillors Gannon, Kok, Maxwell, Miller, Wilson and Worling

Noes (3)          Councillors Ellsmore*, Thompson* and Weldon*.

Carried.

*Note – Councillors Ellsmore, Thompson and Weldon abstained from voting on this matter. Pursuant to the provisions of clause 10.4 of the Code of Meeting Practice, Councillors Ellsmore, Thompson and Weldon are taken to have voted against the motion.

S117676

 

It is resolved that Council:

(A)      endorse the proposed resolution for public notification: It is resolved to reclassify the following operational land to community land in accordance with section 33 of the Local Government Act 1993:

(i)         Arcadia Park and Toxteth Park, 137A Ross Street, Forest Lodge, being Lot 302 in Deposited Plan 1183176 (Reference A and B in Attachment A);

(ii)        6 Zenith Street, Erskineville, being Lots 9 and 10 in Deposited Plan 1251243 (Reference C in Attachment A);

(iii)      74D MacDonald Street, Erskineville, being Lot 13 in Deposited Plan 1251243 (Reference D in Attachment A);

(iv)      The Drying Green, 103 Portman Street, Zetland, being Lot 3 in Deposited Plan 1280012 (Reference E in Attachment A);

(v)       847A South Dowling Street, Waterloo, being Lot 65 in Deposited Plan 1038380 (Reference F in Attachment A);

(vi)      Watchful Harry Square, 14 Broome Street, Waterloo, being Lot 64 in Deposited Plan 1038380 (Reference G in Attachment A);

(vii)     Crown Park, 22A Crystal Street, Waterloo, being Lot 53 in Deposited Plan 1038380 (Reference H in Attachment A);

(viii)    Crystal Park, 7A Crystal Street, Waterloo, being Lot 51 in Deposited Plan 1038380 (Reference I in Attachment A);

(ix)      Gadigal Avenue Reserve, 2A Gadigal Avenue, Waterloo, being Lot 63 in Deposited Plan 1038380 (Reference J in Attachment A); and

(x)       Wimbo Reserve, 3 Olivia Lane, Surry Hills being Lots 2, 3 and 8 in Deposited Plan 1272206 (Reference K in Attachment A); and

(B)      note that a further report to Council, to inform the outcomes of public notification and recommendation on classification will follow the notification period.

Carried unanimously.

X113600.005

It is resolved that Council:

(A)      note the contents of the Fire Safety Reports Summary Sheet, as shown at Attachment A to the subject report;

(B)      note the inspection reports by Fire and Rescue NSW, as shown at Attachments B to D of the subject report;

(C)      note the contents of Attachment B and not exercise its power under the Environmental Planning and Assessment Act 1979 to issue a Fire Safety Order at 35-39 Ultimo Road, Haymarket at this time;

(D)      note the contents of Attachment C and not exercise its power under the Environmental Planning and Assessment Act 1979 to issue a Fire Safety Order at 307 Pitt Street, Sydney at this time; and

(E)      note the contents of Attachment D and not exercise its power under the Environmental Planning and Assessment Act 1979 to issue a Fire Safety Order at 200-218 Goulburn Street, Surry Hills at this time.

Carried unanimously.

S105001.002

Moved by Councillor Worling , seconded by Councillor Miller –

It is resolved that:

(A)        Council note:

(i)           Oxford Street is long recognised as the heart and home of the LGBTIQA+ community in Sydney. It is a global beacon for pride, diversity and solidarity, synonymous with LGBTIQA+ life;

(ii)         one of the transformative projects of Sustainable Sydney 2030-2050: Continuing the Vision is to revitalise the Oxford Street precinct;

(iii)        as retail, nightlife and inner-city living evolves, new investment and planning changes bring opportunity to revive and strengthen the identity of Oxford Street;

(iv)        the Oxford Street LGBTIQA+ Social and Cultural Place Strategy, adopted by Council in October 2022, is the overarching strategy that currently guides the City’s work in the Oxford Street precinct to support the LGBTIQA+ community;

(v)         key priorities of the Place Strategy include increasing LGBTIQA+ visibility and identity throughout the precinct; recognising historic LGBTIQA+ places and spaces; and increasing LGBTIQA+ cultural and social spaces;

(vi)        flags have always been an integral part of the LGBTIQA+ movement. They are a visible representation meant to educate, celebrate progress, advocate for representation, and amplify the demand and drive for collective action;

(vii)      there have been many LGBTIQ+ flags over the years. San Francisco artist Gilbert Baker designed the first Pride Rainbow flag for the 1978 San Francisco Freedom Day Parade. It is widely recognised as the symbol of lesbian, gay, bisexual and transgender (LGBT) communities; and

(viii)     beyond the rainbow flag that represents the whole community, there are also individual identity, gender and sexuality flags that represent the diversity of the LGBTQIA+ community. These include: the Progress Pride Flag, the Unity Pride Flag, Trans Flag, Bisexual Flag, Asexual Flag, Intersex Flag, Gay Flag, Lesbian Flag, Non-Binary Flag, Genderqueer Flag, Pansexual Flag and Genderfluid Flag, among others;

(B)        Council further note;

(i)           the City of Sydney is home to Australia’s highest population of lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQA+) people, with 21.4% of residents in our Local Government Area identifying as part of this community;

(ii)         the central flagpole at Taylor Square (on the southern side) flies the Progressive Pride Flag every day;

(iii)        there are currently 18 smart banner poles at Taylor Square north flying Progressive Pride banners, with an additional 18 smart banner poles available at Taylor Square south;

(iv)        for this precinct to continue to thrive as a global LGBTIQA+ destination, it must be signposted, and the full spectrum and evolution of queer culture, must be on display year-round;

(v)         the City understands that visibility and inclusion are vital to a vibrant and safe City, and is committed to elevating and celebrating the broad spectrum of LGBTIQA+ experiences, residents and visitors;

(vi)        a new progress pride crossing is currently underway at the intersection of Bourke and Forbes Street, outside Qtopia Sydney (Darlinghurst Police Station); and

(vii)      the City has advocated for the fences outside the Darlinghurst Courthouse to be removed, to return the grassed area to the community and reuse of the court building for more cultural space. This area, once reclaimed, could provide an opportunity for a more permanent iteration of this concept; and

(C)        the Chief Executive Officer be requested to:

(i)           investigate a permanent location for Pride Flags of Importance (in the short term at Taylor Square, and in the longer-term, outside the Darlinghurst Courthouse), where each flagpole is clearly marked with a dedicated QR code or plaque for education purposes;

(ii)         meanwhile, explore the feasibility of dedicating the remaining 18 smart banner poles at Taylor Square south to additional Progressive Pride banners;

(iii)        investigate the capabilities of the City’s current smart banner poles to support different formats, such as horizontal Progressive Pride flags rather than vertical banners;

(iv)        consult with City staff, key stakeholders, other levels of government, key LGBTIQA+ organisations and the wider community to see what flags they would like to see flown permanently at Taylor Square or the Darlinghurst Courthouse; and

(v)         report back to Council with the findings, a timeline and cost estimate for this schedule of work.

Carried unanimously.

X113756

 

It is resolved that:

(A)      Council approve the cash and value in kind recommendations for the Festivals and Events Sponsorship program as shown at Attachment A to the subject report;

(B)      Council note the applicants who were not recommended in obtaining a cash grant or value-in-kind for the Festivals and Events Sponsorship program as shown at Attachment B to the subject report;

(C)      Council approve Destination NSW as the recipient of a Festival and Event Grant 2023/24 for the second and third year of the project where funding was previously paid to Premier’s Department;

(D)      Council note that all grant amounts are exclusive of GST;

(E)      authority be delegated to the Chief Executive Officer to negotiate, execute and administer agreements with any organisation approved for a grant or sponsorship under terms consistent with this resolution and the Grants and Sponsorship Policy; and

(F)      authority be delegated to the Chief Executive Officer to correct minor errors to the matters set out in this report, noting that the identity of the recipient will not change, and a CEO Update will be provided to Council advising of any changes made in accordance with this resolution.

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

Ayes (5)          The Chair (the Lord Mayor), Councillors Gannon, Kok, Maxwell and Worling

Noes (3)          Councillors Ellsmore, Thompson and Weldon*

Carried.

*Note – Councillor Weldon abstained from voting on this matter. Pursuant to the provisions of clause 10.4 of the Code of Meeting Practice, Councillor Weldon is taken to have voted against the motion.

 

 

It is resolved that:

(A)      Council approve the cash and value-in-kind recommendations for the Food Support Grant program as shown at Attachment A to the subject report;

(B)      Council note the applicants who were not recommended in obtaining a cash grant or value-in-kind for the Food Support Grant program as shown at Attachment B to the subject report;

(C)      Council note that all grant amounts are exclusive of GST;

(D)      authority be delegated to the Chief Executive Officer to negotiate, execute and administer agreements with any organisation approved for a grant or sponsorship under terms consistent with this resolution and the Grants and Sponsorship Policy; and

(E)      authority be delegated to the Chief Executive Officer to correct minor errors to the matters set out in this report, noting that the identity of the recipient will not change, and a CEO Update will be provided to Council advising of any changes made in accordance with this resolution.

Carried unanimously.

S117676

 

It is resolved that:

(A)      Council approve the cash recommendations for the Green Building Grant program as shown at Attachment A to the subject report;

(B)      Council note the applicants who were not recommended in obtaining a cash for the Green Building Grant program as shown at Attachment B to the subject report;

(C)      Council note that all grant amounts are exclusive of GST;

(D)      authority be delegated to the Chief Executive Officer to negotiate, execute and administer agreements with any organisation approved for a grant or sponsorship under terms consistent with this resolution and the Grants and Sponsorship Policy; and

(E)      authority be delegated to the Chief Executive Officer to correct minor errors to the matters set out in this report, noting that the identity of the recipient will not change, and a CEO Update will be provided to Council advising of any changes made in accordance with this resolution.

Carried unanimously.

S117676

It is resolved that:

(A)      Council note the financial performance of Council for the first quarter, ending 30 September 2024, including a Quarter 1 Operating Result (before depreciation, interest, capital related costs and income) of $25.1M and the full year forecast of $125.8M and a Net Operating Result of $20.1M and a full year forecast of $123.2M as outlined in the subject report and summarised in Attachment A to the subject report;

(B)      Council note the Quarter 1 Capital Works expenditure of $55.6M and a revised full year forecast of $237.7M, and approve the proposed adjustments to the adopted budget, including bringing forward $0.4M of funds into the 2024/25 capital budget, $2.1M from the capital works contingency, and to reallocate funds within relevant programs within capital budget as detailed in Attachment B to the subject report;

(C)      Council note the Technology and Digital Services Capital Works expenditure of $3.5M, and a full year forecast of $25.3M as detailed in Attachment B to the subject report;

(D)      Council note the Quarter 1 Plant and Equipment expenditure of $5.1M, net of disposals, and a revised full year forecast of $31.0M, and approve bringing forward $4.7M of funds into the 2024/25 and $3.6M forward into 2025/26 budget as detailed in Attachment B to the subject report;

(E)      Council note minor net Property Divestments of $0.3M as at Quarter 1, and the full year forecast for net Property Acquisitions of $27.7M; and

(F)      Council note the supplementary reports, which detail the quick response, street banner and venue hire support grants and sponsorship programs, code of conduct, major legal issues, international travel, property and land use matters approved under delegation and contracts over $50,000 in Quarter 1, as detailed in Attachment C to the subject report.

Carried unanimously.

X101909

It is resolved that:

(A)      Council present the 2023/24 Annual Financial Statements and auditor's reports to the public as shown at Attachment A to the subject report

(B)      Council adopt the 2023/24 Annual Financial Reports subject to the receipt of any submissions over the ensuing seven day period;

(C)      Council endorse the 2023/24 Annual Report, including the Financial Statements, Delivery Program 2022-2026 Progress Report and Statutory Returns for 2023/24 as shown at Attachments A, B and C to the subject report;

(D)      Council note the State of our City report 2024 as shown at Attachment D to the subject report;

(E)      Council note the 2023/24 annual report on the City's Inclusion (Disability) Action Plan 2021–2025 as shown at Attachment E to the subject report;

(F)      Council note the 2023/24 Green Report as shown at Attachment F to the subject report; and

(G)      authority be delegated to the Chief Executive Officer to make any minor amendments to the reports to correct any drafting errors and finalise design, artwork and accessible formats for publication.

Carried unanimously.

X105022

It is resolved that:

(A)      Council approve the draft Central Sydney On-street Parking Policy, as shown at Attachment A to the subject report, for public exhibition;

(B)      Council note that the Central Sydney On-street Parking Policy, including any recommended changes, will be reported to Council for adoption following the exhibition period; and

(C)      authority be delegated to the Chief Executive Officer to make minor editorial amendments for clarity or correction of drafting errors prior to the exhibition of the draft Central Sydney On-street Parking Policy.

Carried unanimously.

X111978

 

It is resolved that:

(A)      Council approve the draft Car Sharing Policy, as shown at Attachment A to the subject report, for public exhibition, subject to the following amendment to Section 2 – Obligations of car share operators:

i. Vehicle Environmental Impact – An operator must not use any passenger vehicle in a dedicated on-street space which emits more than 175g/km of CO2. […] While the City recognises that car sharing contributes to emissions reduction by lowering private car use, the City is aiming to reduce emissions as quickly as possible. The aim is for car sharing vehicles to be electric by 2030, as part of the path to Net Zero Emissions by 2035. All car sharing fleets will need to be zero emissions by 2035. Each policy review that the City undertakes in advance of these dates will consider this obligation, including the impact of market conditions, trends in mobility and car share, including the availability and affordability of electric vehicles and associated charging requirements and infrastructure in the City of Sydney and the use of the car sharing system at the time, along with any other relevant information;

Additions shown in bold italics

(B)      Council note that the Car Sharing Policy, including any recommended changes, will be reported to Council for adoption following the exhibition period; and

(C)      authority be delegated to the Chief Executive Officer to make minor editorial amendments for clarity or correction of drafting errors prior to the exhibition of the draft Car Sharing Policy.

Carried unanimously.

X111618

 

It is resolved that:

(A)      Council approve the draft Neighbourhood On-Street Parking Policy, as shown at Attachment A to the subject report, for public exhibition, subject to the inclusion of an additional principle in Section 2:

2.4  Accessibility and inclusion

The City recognises that parking is a key component of the access system that supports economic, social and environmental outcomes and that in a city for walking, cycling and public transport, motor vehicles continue to play a vital role. Access needs vary from household to household. Not everyone can use public transport, or walk distances, meaning they may need to travel by vehicles and require space for either parking or drop off and pick up. The City will therefore consider accessibility and inclusion in its parking management.

Additions shown in bold italics

(Remaining principles to be renumbered accordingly);

(B)      Council note that the Neighbourhood On-Street Parking Policy, including any recommended changes, will be reported to Council for adoption following the exhibition period; and

(C)      authority be delegated to the Chief Executive Officer to make minor editorial amendments for clarity or correction of drafting errors prior to the exhibition of the draft Neighbourhood On-Street Parking Policy.

Carried unanimously.

X111976

 

It is resolved that:

(A)      Council approve entry into an agreement for lease with Qtopia Ltd in relation to the Taylor Square substation and underground toilets for the purpose of undertaking necessary improvement works to facilitate the long-term use of the building by Qtopia Ltd in accordance with the essential terms of the agreement for lease outlined in Confidential Attachment A to the subject report;

(B)      Council approve the grant of a new lease to Qtopia Ltd for the Taylor Square substation and underground toilets to commence following completion of the works outlined in (A) for a term of 5 years with 3 options of 5 years each in accordance with the essential lease terms and conditions outlined in Confidential Attachment A to the subject report;

(C)      Council approve an exemption from tender in accordance with section 55(3)(i) of the Local Government Act 1993, for undertaking of lessor’s works under the agreement for lease with Qtopia Ltd to the structures to Taylor Square substation and underground toilets on behalf of City of Sydney as set out in Attachment A to the subject report noting that because of extenuating circumstances, a satisfactory result would not be achieved by inviting tenders;

(D)      Council note the reasons that a satisfactory result for the City would not be achieved by inviting tenders are the works are integral to the proposed long-term use of the premises by Qtopia Ltd, it is appropriate for the works to be managed by Qtopia Ltd without additional City staff involvement;

(E)      Council approve the funds detailed in Confidential Attachment A to the subject report for works to the structures to Taylor Square substation and underground toilets to be sourced from the 2024/25 Capital Works Contingency Fund; and

(F)      authority be delegated to the Chief Executive Officer to finalise the terms of the proposal and to negotiate, execute and administer the agreement and lease relating to the proposal in accordance with Confidential Attachment A to the subject report.

Carried unanimously.

X112191.001

It is resolved that:

(A)      Council note the issues raised during the public exhibition of Planning Proposal - Dwelling Retention as provided in the Summary of Submissions, shown at Attachment A to the subject report;

(B)      Council approve the Planning Proposal - Dwelling Retention, as amended following public exhibition, shown at Attachment B to the subject report, to be sent to the Department of Planning, Housing and Infrastructure to be made as a local environmental plan under Section 3.36 of the Environmental Planning and Assessment Act 1979, subject to the following amendments (additions shown in bold italics):

Executive summary:

The City of Sydney (the City) has seen some reduction of dwellings due to the redevelopment of existing residential flat buildings, particularly towards the eastern suburbs. This occurs through the consolidation of two apartments into one, replacement of residential flat buildings with a single dwelling house or the speculative redevelopment of a large residential flat building containing smaller apartments into a development containing significantly fewer, larger apartments. This is concurrently leading to a reduction in the diversity of housing in parts of the local government area…

… In response to this ongoing loss of dwellings and diversity of housing supply, this planning proposal introduces a new development standard to be inserted into the Sydney Local Environmental Plan 2012 (LEP) that limits the reduction in the number of dwellings through redevelopment of buildings that contain dwellings. This is to ensure that development does not significantly reduce the number and diversity of dwellings available particularly for smaller and more affordable apartment sizes.

Explanation of provisions

Has an objective that seeks to minimise the loss of dwellings and dwelling diversity resulting from the consolidation of existing dwellings or the demolition of existing dwellings for the construction of new dwellings.

Justification

The types of apartments currently being lost are smaller, unlikely to be replaced and are relatively affordable. Average existing apartment sizes in four of the above examples range from 32 to 42 square metres and are being replaced with apartments averaging 133 to 192 square metres. In contrast, developments under this proposed clause would result in average apartment sizes that are larger than existing but smaller than proposed in the example development applications. This will ensure that the number of dwellings and dwelling diversity can be maintained and that redevelopment of apartment buildings maintains smaller apartments while still offering the opportunity to provide some larger dwellings in a redeveloped building; and

(C)      authority be delegated to the Chief Executive Officer to make minor amendments to the Planning Proposal - Dwelling Retention to correct any minor errors prior to finalisation by the Department of Planning, Housing and Infrastructure. 

Carried unanimously.

X101840

 

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

It is resolved that:

(A)       the Central Sydney Planning Committee approve the Planning Proposal - Chinatown Heritage Items, Haymarket as shown at Attachment A to the subject report for submission to the Department of Planning, Housing and Infrastructure with a request for gateway determination;

(B)       the Central Sydney Planning Committee approve the Planning Proposal - Chinatown Heritage Items, Haymarket as shown at Attachment A for public authority consultation and public exhibition in accordance with any conditions imposed under the gateway determination;

(C)       the Central Sydney Planning Committee note the recommendation to Council’s Transport, Heritage and Planning Committee on 11 November 2024 that Council seek authority from the Department of Planning, Housing and Infrastructure to exercise the delegation of all the functions under section 3.36 of the Environmental Planning and Assessment Act 1979 to make the local environmental plan and to put into effect the planning proposal; and

(D)       authority be delegated to the Chief Executive Officer to make any minor variations to the Planning Proposal - Heritage Items - Chinatown to correct any drafting errors or to ensure consistency with the gateway determination.

Carried unanimously.

X099927

 

Moved by the Chair (the Lord Mayor), seconded by Deputy Lord Mayor Maxwell -

It is resolved that:

(A)       the Central Sydney Planning Committee note the issues raised during the public exhibition of Planning Proposal - Dwelling Retention as provided in the Summary of Submissions, shown at Attachment A to the subject report;

(B)       the Central Sydney Planning Committee approve the Planning Proposal - Dwelling Retention, as amended following public exhibition, shown at Attachment B to the subject report, to be sent to the Department of Planning, Housing and Infrastructure to be made as a local environmental plan under Section 3.36 of the Environmental Planning and Assessment Act 1979, subject to the following amendments (additions shown in bold italics):

Executive summary:

The City of Sydney (the City) has seen some reduction of dwellings due to the redevelopment of existing residential flat buildings, particularly towards the eastern suburbs. This occurs through the consolidation of two apartments into one, replacement of residential flat buildings with a single dwelling house or the speculative redevelopment of a large residential flat building containing smaller apartments into a development containing significantly fewer, larger apartments. This is concurrently leading to a reduction in the diversity of housing in parts of the local government area…

…In response to this ongoing loss of dwellings and diversity of housing supply, this planning proposal introduces a new development standard to be inserted into the Sydney Local Environmental Plan 2012 (LEP) that limits the reduction in the number of dwellings through redevelopment of buildings that contain dwellings. This is to ensure that development does not significantly reduce the number and diversity of dwellings available particularly for smaller and more affordable apartment sizes.

Explanation of provisions

Has an objective that seeks to minimise the loss of dwellings and dwelling diversity resoluting from the consolidation of existing dwellings or the demolition of existing dwellings for the construction of new dwellings.

Justification

The types of apartments currently being lost are smaller, unlikely to be replaced and are relatively affordable. Average existing apartment sizes in four of the above examples range from 32 to 42 square metres and are being replaced with apartments averaging 133 to 192 square metres. In contrast, developments under this proposed clause would result in average apartment sizes that are larger than existing but smaller than proposed in the example development applications. This will ensure that the number of dwellings and dwelling diversity can be maintained and that redevelopment of apartment buildings maintains smaller apartments while still offering the opportunity to provide some larger dwellings in a redeveloped building.

 

(C)       authority be delegated to the Chief Executive Officer to make minor amendments to the Planning Proposal - Dwelling Retention to correct any minor errors prior to finalisation by the Department of Planning, Housing and Infrastructure. 

Carried unanimously.

X101840

 

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

It is resolved that the Central Sydney Planning Committee adopt the draft Schedule of Central Sydney Planning Committee Meetings and Briefings for 2025, as shown at Attachment A to the subject report.

Carried unanimously.

X102871

 

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

It is resolved that the subject report be received and noted.

Carried unanimously.

S042755-02

 

 

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

It is resolved that:

(A)       authority be delegated to the Chief Executive Officer to determine Development Application No. D/2024/238 following the completion of the public exhibition of the draft Voluntary Planning Agreement in accordance with the public benefit offer dated 3 September 2024 and after considering any public submissions received; and

(B)       if the Chief Executive Officer determines to approve Development Application No. D/2024/238, then consideration be given to imposing 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):

 (99)       PHYSICAL MODELS

(a)    Prior to the Occupation Certificate being issued, an accurate 1:500 scale model of the development as constructed must be submitted to Council for the City Model in Town Hall House.

Note:

(i)      The models must be constructed in accordance with the Model Specifications available online at http://www.cityofsydney.nsw.gov.au/development/applicationguide/application-process/model-requirements Council’s modellers must be consulted prior to construction of the model.

(ii)    The models are to comply with all of the conditions of the Development Consent.

(iii)   The models must be amended to reflect any further modifications to the approval (under Section 4.55 of the Environmental Planning and Assessment Act) that affect the external appearance of the building.

(100)          SUBMISSION OF ELECTRONIC CAD MODEL PRIOR TO OCCUPATION CERTIFICATE

(a)        Prior to the Occupation Certificate being issued, an accurate 1:1 electronic CAD model of the completed development must be submitted to Council for the electronic Visualisation City Model.

(b)        The data required to be submitted within the surveyed location must include and identify:

(i)             building design above and below ground in accordance with the development consent;

(ii)            all underground services and utilities, underground structures and basements, known archaeological structures and artefacts;

(iii)          two points on the site boundary (current) clearly marked to show their Northing and Easting MGA (Map Grid of Australia) coordinates, which must be based on Established Marks registered in the Department of Lands and Property Information’s SCIMS Database with a Horizontal Position Equal to or better than Class C.

The data is to be submitted as a DGN or DWG file. All modelling is to be referenced to the Map Grid of Australia (MGA) spatially located in the Initial Data Extraction file.

(c)        The electronic model must be constructed in accordance with the City’s 3D CAD electronic model specification. The specification is available online at http://www.cityofsydney.nsw.gov.au/development/applicationguide/application-process/model-requirements Council’s Modelling staff should be consulted prior to creation of the model. The data is to comply with all of the conditions of the Development Consent.

 

(Remaining conditions to be renumbered accordingly)

 

Reasons for Decision

The application was approved for the following reasons:

(A)       The proposal satisfies the objectives of the Environmental Planning and Assessment Act 1979 in that, subject to the imposition of conditions as recommended, it achieves the objectives of the planning controls for the site for the reasons outlined in the report.

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

(C)       The proposal exhibits design excellence in accordance with the relevant provisions and matters for consideration in Section 6.21C of the Sydney Local Environmental Plan 2012.

(D)       The proposed development has a height, scale and form suitable for the site and the emerging context of the Southern Enterprise Area and Alexandria.

(E)       The proposed mix of compatible land uses will support the vitality of the wider area and do not result in any significant adverse environmental or amenity impacts on the subject site or surrounding properties.

(F)       The proposal will support substantial employment floor space within a location identified for this purpose. The ground floor retail tenancies along Doody Street will provide amenity to the community and activate the street.

(G)      The proposal will make a significant contribution to the public domain through the public domain works and land dedication of the eastern boundary through-site link and the Liveable Green Network, in accordance with the Sydney Development Control Plan (SDCP 2012) requirements.

(H)       The proposal is Integrated Development under the Water Management Act 2000, requiring approval from WaterNSW. General Terms of Approval were received from WaterNSW on 17 June 2024.

(I)         The public interest is served by the development, as amendments to the development application have addressed the matters raised by the City. Conditions of consent are recommended to manage potential environmental impacts associated with the development.

(J)        Conditions 99 and 100 were added to specify additional conditions relating to the physical and electronic models.

Carried unanimously.

D/2024/238

 

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

It is resolved that consent be granted to Section 4.55(2) Application Number D/2019/87/C subject to the amendment of the following conditions (with modifications shown in bold italics (additions) and strikethrough (deletions) as follows:

(2)        APPROVED STAGE 1 DEVELOPMENT

(a)        Development must be in accordance with Development Application No. D/2019/87 dated 12 December 2017 and the following drawings prepared by DKO Architecture (NSW) Pty Ltd:

Drawing Number	Drawing Name	Date
Stage 1 Envelope Envelope Plan	Project Number 11942 Page 37 DA100 C	16.10.2019 24/09/2024
Stage 1 Envelope Envelope Plan	Project Number 11942 Page 38 DA101 B	16.10.2019 24/09/2024
Envelope Plan - Overall	Project Number 11942 DA102 B	24/09/2024
Stage 1 Envelope Stage 1 Envelope  Elevations	Project Number 11942 Page 39 DA200 B	16.10.2019 24/09/2024
Stage 1 Envelope Stage 1 Envelope  Elevations	Project Number 11942 Page 40 DA201 B	16.10.2019 24/09/2024

 

as amended by plans other conditions of this consent.

(b)        In the event of any inconsistency between the approved plans and supplementary documentation, the plans will prevail.

Condition amended via Section 4.55(2) on 14 November 2024

(8)        DETAILED DESIGN OF BUILDINGS

The competitive design process brief and subsequent detailed design development application must incorporate the following requirements:

(a)        Minimise overshadowing on adjoining properties in accordance with ADG objective 3B-2.

(b)        Ensure no overshadowing of approved residential apartments at 499 and 501 – 509 Botany Road, Alexandria

(c)        Provide a compliant amount of communal open space in accordance with the ADG that receives adequate solar in accordance with the ADG. 

(d)        If roof top communal open space is proposed it must provide equitable access and be designed to prevent overlooking and noise impacts. and all structures (including but not limited to plant and lift overruns) must be within the 33m height limit.

(e)        Acoustic and ventilation treatments to the east and northern frontages in accordance with the requirements of the Sydney DCP and ADG.

(f)         Waste management facilities in accordance with Section 4.2.6 of the Sydney DCP 2012.

(g)        An awning is to be provided over any building entries on Botany Road in accordance with Section 3.2.4 of the Sydney DCP 2012.

               Condition amended via Section 4.55(2) on 14 November 2024

(13)     FLOOR SPACE RATIO

(a)        The Floor Space Ratio for all detailed development applications on the site must not exceed 4.09:1 calculated in accordance with Clauses 4.4 and 6.14 of the Sydney Local Environmental Plan 2012.

(b)        Notwithstanding (a) above, the proposal may be eligible for up to 10% additional floor space pursuant to the provisions of Clause 6.21(7) of the Sydney Local Environmental Plan 2012 if the consent authority is satisfied that the resulting detailed design development application exhibits design excellence and is the result of a competitive design process in accordance with the requirements of the Sydney Local Environmental Plan 2012.

(c)        Precise calculations and details of the distribution of floor space must be provided with any subsequent detailed design development application or applications.

                        Condition amended via Section 4.55(2) on 14 November 2024

(14)     BUILDING HEIGHT

The maximum height of the buildings must not exceed 33 36.2 metres in accordance with the Sydney LEP 2012 as provided for under D/2024/273. No structures are to exceed the 33 36.2 metres height limit.

                        Condition amended via Section 4.55(2) on 14 November 2024

 

Reasons for Decision

The application was approved for the following reasons:

(A)       The development as modified is substantially the same as was originally approved and is consistent with the requirements of Section 4.55(2) of the Environmental Planning and Assessment Act, 1979.

(B)       The development has been considered against the reasons given by the Central Sydney Planning Committee for the grant of consent that is to be modified, and the proposal is consistent and acceptable, as per Section 4.55(3) of the Environmental Planning and Assessment Act, 1979.

(C)       The proposed modifications ensure that the detailed design development application is consistent with the concept approval to satisfy Section 4.24 of the Environmental Planning and Assessment Act, 1979.

(D)       The changes to the building envelope are in keeping with the desired future character of the area and will not adversely impact the amenity of the surrounding area. These variations are reasonable and justified with regard to the detailed design development application D/2024/273.

(E)       The proposed building envelope is capable of accommodating a future building design which is capable of exhibiting design excellence in accordance with Clause 6.21C of the Sydney Local Environmental Plan 2012.

Carried unanimously.

D/2019/87/C

 

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

It is resolved that:

(A)       the variation requested to Height of Buildings development standard in accordance with Clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012 be upheld;

(B)       the variation requested to Floor Space Ratio development standard in accordance with Clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012 be upheld; and

(C)       consent be granted to Development Application Number D/2024/273 subject to the conditions set out in Attachment B to the subject report, subject to the following amendments (additions shown in bold italics, deletions shown in strikethrough):

(9)        FLOOR SPACE RATIO

The following applies to Floor Space Ratio:

(a)     The Floor Space Ratio for the business use must not exceed 4.09:1 calculated in accordance with Sydney Local Environmental Plan 2012. For the purposes of the calculation of FSR, the total Gross Floor Area is 9,198sqm.

Reason

To ensure the constructed development complies with the approved floor space ratio.

(47)     FLOOD PLANNING LEVELS

The development must be constructed to comply with the recommended flood planning levels indicated in Table 3 of the report titled Site Flood Assessment for Development Application prepared by insert WMA Water dated 31 January 2024.

Details must be submitted to the Registered Certifier prior to the issue of any Construction Certificate demonstrating that the development will comply with the recommended flood planning levels.

Reason

To ensure the development complies with the recommended flood planning levels.

Reasons for Decision

The application was approved for the following reasons:

(A)       Based upon the material available to the Committee at the time of determining this application, the Committee is satisfied that:

(i)         The applicant’s written request has adequately addressed the matters required to be demonstrated by clause 4.6(3) of the Sydney LEP 2012, that compliance with the height of buildings development standard is unreasonable or unnecessary and that there are sufficient planning grounds to justify contravening clause 4.3 of the Sydney LEP 2012.

(ii)        The applicant’s written request has adequately addressed the matters required to be demonstrated by clause 4.6(3) of the Sydney LEP 2012, that compliance with the floor space ratio development standard is unreasonable or unnecessary and that there are sufficient planning grounds to justify contravening clause 4.4 of the Sydney LEP 2012.

(iii)       The proposal is in the public interest because it is consistent with the objectives of the E3 (Productivity support) zone and the 'height of buildings' and 'floor space ratio development standards.

(iv)       The proposal has been assessed against the aims and objectives of the relevant planning controls, including the State Environmental Planning Policy (Housing) 2021, Sydney Local Environmental Plan 2012 and Sydney Development Control Plan 2012. Where non-compliances exist, they have been demonstrated to be acceptable in the circumstances of the case or can be resolved by the recommended conditions of consent.

(v)        The development achieves a high standard of architectural design, materials and detailing, and will contribute positively to the public domain. The development achieves the principles of ecologically sustainable development and has an acceptable environmental impact with regard to the amenity of the surrounding area and future occupants. The development therefore exhibits design excellence in accordance with Clause 6.21C of the Sydney Local Environmental Plan 2012.

(vi)       The proposal is consistent with the amended concept approval for the site, being DA/2019/87, and is consistent with the design intent of the winning scheme of a competitive design process albeit that is not the winner of the process.

(vii)      The proposal is appropriate within its setting and is a development comprising a compatible use that will support the vitality of the area, consistent with the desired future character for the locality.

(viii)    The proposal provides for much needed affordable housing in a location which is highly accessible from a range of transport options and will have excellent access to facilities and services.

(B)       Conditions 9 and 47 were amended to correct typographical errors.

Carried unanimously.

D/2024/273

 

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

It is resolved that:

(A)       the requirement under clause 7.20(3) of the Sydney Local Environmental Plan 2012 requiring the preparation of a development control plan is unreasonable and unnecessary in the circumstances;

(B)       the requirement under clause 6.21D(2) of the Sydney Local Environmental Plan 2012 requiring a competitive design process is unreasonable and unnecessary in the circumstances; and

(C)       consent be granted to Development Application D/2024/367 subject to the conditions set out in Attachment A to the subject report.

Reasons for Decision

The application was approved for the following reasons:

(A)       The proposed development satisfies the objectives of the Environmental Planning and Assessment Act 1979, in that, subject to the imposition of conditions as recommended, 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 proposed development generally satisfies the objectives and provisions of the Sydney Local Environmental Plan 2012 and the Sydney Development Control Plan 2012.

(C)       The proposal complies with the maximum floor space ratio development standard in Clauses 4.4, 6.4, 6.6 and 6.9 of the Sydney Local Environmental Plan 2012, and an appropriate condition is recommended to require the allocation of heritage floor space in accordance with Clause 6.11 of the Sydney Local Environmental Plan 2012.

(D)       The proposed development complies with the maximum height of building development standard and the Wynyard Park sun access plane in accordance with Clauses 4.3 and 6.17 of the Sydney Local Environmental Plan 2012.

(E)       The architectural design, facade articulation, and materiality of the proposal combine to achieve a high-quality design outcome to satisfy the relevant provisions and matters for consideration in Clause 6.21C of the Sydney Local Environmental Plan 2012.

(F)       The proposed development has a height, scale and form suitable for the site and its context, and subject to conditions, satisfactorily respond to the heights and setbacks of neighbouring developments, is appropriate in the streetscape context and setting of the broader locality.

(G)      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.

(H)       The public interest is served by the approval of the proposed development subject to recommended conditions imposed relating to the appropriate management of associated potential environmental impacts.

Carried unanimously.

D/2024/367