Decisions

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

It is resolved that:

(A)      the Central Sydney Planning Committee approve Planning Proposal - Enterprise Area Review, shown at Attachment A to the subject report, for submission to the Department of Planning, Industry and Environment with a request for a Gateway Determination;

(B)      the Central Sydney Planning Committee  approve Planning Proposal - Enterprise Area Review, 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 19 July 2021 that Council approve draft Sydney Development Control Plan 2012: Southern Enterprise Area Amendment, shown at Attachment B to the subject report, for public exhibition concurrent with the planning proposal;

(D)      the Central Sydney Planning Committee note the recommendation to Council’s Transport, Heritage and Planning Committee on 19 July 2021 that Council seek authority from the Department of Planning, Industry and Environment to exercise its delegation under section 3.36 of the Environmental Planning and Assessment Act 1979 to make the amending Local Environmental Plan; and

(E)      authority be delegated to the Chief Executive Officer to make any minor variations to Planning Proposal - Enterprise Area Review and draft Sydney Development Control Plan 2012: Southern Enterprise Area Amendment 2021 to correct any drafting errors or inconsistencies, or to ensure consistency with any condition of the Gateway Determination.

Carried unanimously.

X025568

 

 

 

Minute by the Lord Mayor

To Council:

The City of Sydney strongly opposes the Environmental Planning and Assessment Amendment (Infrastructure Contributions) Bill 2021 that was introduced in June 2021 as part of the budget legislation with no public consultation or detail and that will radically change the way local infrastructure is planned, funded and delivered.

This Bill is an attack on the living conditions and amenity of the people of New South Wales. Currently, we have a system where developer contributions are used by councils to provide community infrastructure in the areas where development occurs.

This Bill will have far-reaching consequences, including in the City of Sydney, which hosts over 1.3 million people each day and generates over 20 per cent of the State's economy.

The proposed changes could see developers pay up to half their contributions to the State Government instead of councils, to spend on opaquely defined “regional” infrastructure.

Sydney's success over the last two decades, and its future success, depends very much on what the city does to make it liveable, workable and a desirable destination for global companies.

The changes risk curtailing our ability to deliver the infrastructure essential to supporting Australia's global city, which is a major contributor to the State economy. Infrastructure contributions from developers should be spent locally. Developer contributions should be spent on infrastructure that relates to the development of the local neighbourhood.

It is critical to delivering parks, open spaces, community facilities, roads and footpaths. The bill filches funding from the areas of greatest infrastructure need and puts it into a pot that can be disbursed anywhere, with little or no accountability on where or what it is spent on.

To compensate, the State Government has said it will allow councils to charge higher rates. This is blatant cost shifting and could seriously impact the ability of councils to provide vital improvements to neighbourhood amenity associated with development.

This could result in urban blight or councils having to raise rates to provide essential infrastructure to improve neighbourhoods, where development occurs.

Regardless, our communities will be far worse off.

Based on the information in the Bill, there is no requirement for a clear plan for the allocation of regional contributions and no commitment to transparent reporting on how they are spent.

In effect, the State Government is proposing to take infrastructure dollars from each community, and in the City of Sydney’s case one of Australia’s densest communities with rapidly changing needs, with no guarantee the money would be spent on infrastructure to support those neighbourhoods.

Developers will also be granted a “payment holiday”, to delay contributions until after construction is completed. Infrastructure will inevitably lag behind new development and people will be moving into homes without adequate associated civic improvements for access, safety, and amenity.

It is clear that councils will be significantly worse off financially and the ultimate cost will be borne by ratepayers who will lose the benefits of adequate infrastructure or will have to pay for it through significant rate increases.

We have not yet seen the detail but what we do know from the NSW Productivity Commission Report is that the State may take half of our development infrastructure contributions. For the City that is estimated to be lost revenue of at least $35 million a year – or $350 million over our 10-year long term financial plan. To make this up in rates revenue, the City would need to raise rates by 13 per cent per year instead of the annual increase stipulated by rate pegging for all local councils – usually around 2 per cent.

Of the $1.57 billion allocated towards new infrastructure in the City’s current 10-year capital works program, around $400 million is currently budgeted through development contributions. A 50 per cent reduction puts significant projects at risk. We would have to plead to the State Government to fund critical flood mitigation, essential new sport facilities to meet population growth, or planned park and playground upgrades.

As it is, the State Government is still playing catch-up on delivering essential state services in the City, despite having collected an estimated $11billion in stamp duty from our local government area since 1994. If the State Government wants to establish a regional infrastructure fund, that should be funded from its own revenue sources, such as stamp duty, rather than robbing local government revenue.

This is nothing short of a State Government tax rise by stealth – using local government as its proxy. It also robs developers of the valuable contributions they make to support the areas they’re building in, diverting money to fund State Government infrastructure in other areas of Sydney.

At its core, the Bill represents a diffusion of valuable infrastructure funding from areas of greatest infrastructure demand, putting the financial viability of local councils at risk with no discernible benefit to either the community or industry, and no likely improvement to housing affordability.

The Bill has been nefariously introduced in the middle of a major crisis, and on the eve of pre-Local Government election caretaker period.

COUNCILLOR CLOVER MOORE

Lord Mayor

 

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

It is resolved that:

(A)      Council note:

(i)         the City’s submission to the Parliamentary Inquiry on the Environmental Planning and Assessment Amendment (Infrastructure Contributions) Bill 2021; and

(ii)        on 16 July 2021, the Lord Mayor, Councillor Linda Scott and the Chief Executive Officer gave evidence at the Parliamentary Inquiry into the proposed Bill in relation to the City's and Local Government NSW’s serious concerns with the draft legislation;

(B)      Council endorse calls for the NSW Government to not proceed with the Environmental Planning and Assessment Amendment (Infrastructure Contributions) Bill 2021; and

(C)      the Lord Mayor be requested to write to the Premier and Minister for Planning and Public Spaces seeking them to withdraw the Environmental Planning and Assessment Amendment (Infrastructure Contributions) Bill 2021.

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

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

Noes (2)          Councillors Chung and Forster.

Minute carried.

S051491

Minute by the Lord Mayor

To Council:

For decades, The Blackwattle Bay Precinct (previously known as The Bays Market District) has been investigated by the NSW Government for its urban renewal potential.

But there is much to be concerned about the release of Infrastructure NSW’s State Significant Precinct Study and proposed planning controls for redevelopment of the existing Sydney Fish Markets site and adjoining properties, which are currently on public exhibition until 20 August 2021.

Spanning approximately 10.4 hectares, the redevelopment area includes both public and privately-owned land (which includes the Hymix concrete batching plant), along the Blackwattle Bay waterfront up to the Anzac Bridge.

The Proposal

Acting as the NSW Government’s developer, Infrastructure NSW is seeking the approval of the Minister for Planning and Public Spaces to change the City’s planning controls to allow towers up to 156 metres (45 storeys) in height with new zoning that permits residential development in this location for the first time.

This wall of towers built adjacent to the Western Distributer will cast excessive shadows on the future public domain and waterfront. It may even cast shadows on the solar panels of the new Fish Markets’ roof, or onto existing and future parks.

I support revitalising Blackwattle Bay to deliver a vibrant and sustainable place that maintains public access to Sydney’s iconic harbour that will help stimulate the economy and aid our recovery from Covid-19.

However, this is already a densely populated area. Any new development should be sensitive to and enhance the character of Pyrmont and prioritise employment growth with clear public benefits. Re-opening of the Glebe Island Bridge cannot be left to deteriorate anymore and should also be incorporated as part of this plan. 

Equally concerning about this proposal is that Infrastructure NSW is also asking the Minister to:

·                Declare Blackwattle Bay a “public authority precinct” like Barangaroo and Darling Harbour. That means future public domain areas would be designed, delivered, managed, and controlled by the NSW Government outside normal planning processes, even if the development is completed and owned by private interests.

·                Make changes to multiple State Environmental Planning Policies (SEPPs) and Sydney Regional Environmental Plans (SREPs) to allow, amongst other things, the design and delivery of open space and public domain to be exempt development, requiring no approvals and public consultation.

·                Declare any subsequent development applications with a value of more than $10 million as ‘state significant’. This would mean that future private developers would be excused from important processes and scrutiny that would normally occur if an application was assessed by the City of Sydney.

·                Seek to avoid the City’s long-standing design excellence requirements and propose an adequate response to affordable housing.

·                Postpone identifying what infrastructure will be provided to support the redevelopment until after the planning controls are changed, which is unlike what is expected of every other developer.

I am also concerned that plans for the redevelopment of Blackwattle Bay are proceeding before work is completed on the Pyrmont Peninsula Place Strategy.

Consultation

The package of information currently on public exhibition includes over forty technical studies on which the City, agencies and the community are invited to provide comment.

On 6 July 2021, I wrote to the Minister asking for the public exhibition period to be extended until 10 September 2021. This would allow time for the community to more thoroughly review the proposal and give feedback to the Department of Planning, Industry and Environment.

Disappointingly, the Minister has extended the public exhibition period by just two weeks, until 20 August 2021. This leaves very little time for the City to share its analysis with the community and to encourage residents and businesses to make their own submission.

COUNCILLOR CLOVER MOORE

Lord Mayor

 

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

It is resolved that:

(A)      Council note:

(i)         the NSW Governments’ State Significant Precinct Study and proposed planning controls for the redevelopment of Blackwattle Bay has been released for public consultation;

(ii)        following a written request by the Lord Mayor, the Minister for Planning and Public Spaces granted a two-week extension to the public exhibition period until 20 August 2021;

(iii)      there are significant concerns about the scale of the proposal and resultant amenity impacts on the existing character of Pyrmont and the communities that live and work there;

(iv)      there are also serious concerns about requests being made by Infrastructure NSW to:

(a)       declare Blackwattle Bay as a public authority precinct meaning future public domain areas would be designed, delivered, managed, and controlled by the NSW Government even if the development is completed and owned by private interests;

(b)       make changes to multiple state planning policies to allow the design and delivery of open space and public domain to be exempt development, requiring no approvals or public consultation processes;

(c)       declare any subsequent development applications with a value of more than $10 million as ‘state significant’ meaning that future private developers would be excused from important processes and reviews that would normally occur if an application was assessed by the City of Sydney;

(d)       avoid the City’s long-standing design excellence requirements and propose an adequate response to affordable housing; and

(e)       postpone identifying what infrastructure may be required to support the redevelopment until after the planning controls are changed;

(v)       the proposal for the redevelopment of Blackwattle Bay is proceeding before strategic planning work has been completed to guide growth and change under the Pyrmont Peninsula Place Strategy; and

(vi)      the petition begun by Councillor Linda Scott and Mayor Darcy Byrne expressing serious concern about this redevelopment has garnered several hundred signatures in a short period of time; and

(B)      the Chief Executive Officer be requested to:

(i)         prepare a submission on the State Significant Precinct Study and proposed planning control changes for Blackwattle Bay to the Department of Planning, Industry and Environment that identifies and strongly opposes redevelopment that is out of keeping with the character of Pyrmont, that does not protect and maintain high quality access to the Harbour foreshore and that is without clear public benefits;

(ii)        undertake a design review for the consideration of Council via the CEO Update identifying improvements that can be made to this renewal project; and

(iii)      before the submission deadline, share the City’s key concerns about the proposal to community and business leaders from The Bays Precinct to inform their submissions to the Department of Planning, Industry and Environment; and

(C)      the Lord Mayor be requested to write to the NSW Premier and the Minister for Planning and Public Spaces about Council’s concerns with the proposal for Blackwattle Bay outlined in (A) above.

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

Ayes (9)          The Chair (the Lord Mayor), Councillors Chung, Kok, Miller, Phelps, Scott, Scully, Thalis and Vithoulkas

Noes (1)          Councillor Forster.

Minute carried.

S051491

Minute by the Lord Mayor

To Council:

I wish to inform Council of the passing of former City of Sydney Councillor John Hayward Mant AM on Saturday 10 July 2021.

John’s term as a Councillor between 2012 and 2016, was his penultimate contribution to a meritorious life of public service that embraced the law, politics, urban planning and public administration and was guided by a lifelong commitment to good governance and social justice.

John was born on 20 October 1936 in Sydney, the youngest child of John Francis and Helen Mant. He would later claim to be one of the “lucky ones”, born when the depression was coming to an end, but too young for World War II and Korea and too old for Vietnam.

His father, a solicitor, served as a lieutenant colonel and chief legal officer in the Australian Army during World War II and was a founding and active member of the Liberal Party of Australia. His mother Helen was a kindergarten teacher and the daughter of Justice John Harvey, former Chief Justice in Equity and foundation Chair of Cranbrook School.

After completing his secondary schooling at Cranbrook, John fulfilled his parents’ expectations by enrolling in Arts/Law at Sydney University. His contemporaries included Clive James, Richard Walsh and Bruce Beresford. With his childhood friend the late Ken Horler, he became actively involved in the Sydney University Players as its administrator and business manager working with director/producer Leo Schofield and the young actor John Bell, among others. A few years later he was among the many volunteers who helped convert a former stables into the Nimrod Street Theatre in Kings Cross.

After graduating in law in 1963, he worked in his father’s law firm, Davenport & Mant (now part of Phillips Fox) from 1964 to 1971. In the mid-1960s, many of his university circle, among them Clive James and Germaine Greer, moved to London to escape the Menzies years to build new lives and careers. John joined them, but unlike them, returned home to drive change.

He was already moving away from the conservatism of his upbringing.

In 1966, he made his first foray into electoral politics, standing as a Liberal Reform Group candidate for the electorate of St George, initiated by Gordon Barton to oppose conscription and Australia’s involvement in the Vietnam war. Following that election, he recognised only a change of government would achieve the reforms he believed were necessary.  

He had also discovered his great personal and professional passion, urban planning, leading to his completing a Diploma in Town and Country Planning and joining the National Capital Development Commission in Canberra as a Town Planner. In his private time, he worked with friends and colleagues developing policies for Labor’s urban affairs spokesperson, Tom Uren and its leader Gough Whitlam.

After the Whitlam Government was elected on 2 December 1972, John was seconded to Uren’s personal staff. As preparation for this he attended the first meeting of the Whitlam Cabinet, a duumverate comprising Whitlam and his Deputy, Lance Barnard. He later recalled it was an “amazing afternoon” in which a raft of decisions were made including recognising China, ending Australia’s involvement in Vietnam and conscription and “a raft of planning matters, urban matters”.

John remembered the Whitlam years as extraordinary and extremely turbulent, in which  there was a desperate need to “get things done” and only a short time to do them. In early 1975, after serving two years as Assistant Secretary of the Department of Urban and Regional Development, he became Whitlam’s private secretary. He was still in this position on 11 November 1975, the day Whitlam was sacked as Prime Minister.

A distinguished career in planning and public administration followed, which took him to Adelaide, Perth, Melbourne, India, Vietnam and Mongolia. He served as South Australia’s Director-General of the Department of Housing, Urban and Regional Affairs during Don Dunstan’s years as Premier, acting Town Planning Commissioner in Western Australia, served on Paul Keating’s Urban Design Task Force and pioneered placemaking and place-based planning in Fairfield and Warringah. In India, he encouraged the representatives of many small villages to adopt comprehensive urban planning approaches. He served as Assistant and Acting Commissioner of the NSW Independent Commission Against Corruption in 1994.

In between he returned to the law, being admitted to the bar in the early 1980s and working as a solicitor at Phillips Fox from 1987 to 1993, working across NSW, Victoria and WA. It was during these years he took on two of his most significant projects, an inquiry into the NSW Department of Housing, and rewriting and modernising the NSW Local Government Act with Julie Walton.

He was most proud of his work on the social housing inquiry. It led to the management of social housing in NSW shifting away from architects and engineers to on-the-ground staff including social workers. His interest in housing continued with his involvement in Common Equity NSW, the not-for-profit holding company for NSW cooperative housing organisations Aboriginal Housing Trust.

Underpinning his work on the Local Government Act was his strong belief that democratically elected councils should be the government for their areas and not just glorified body corporates concerned only with rates, roads and rubbish. John’s and Julie’s reforms enabled councils to fulfill this role with more effective management systems and greater transparency.

John had direct experience of these reforms when he served as City of Sydney Councillor between 2012 and 2016. It was a natural extension of his professional and intellectual interests and his active involvement in the Paddington Society and other community organisations.

His advice and contributions to Committees and Council was immensely invaluable and I know Councillors on both sides of the table appreciated his insight, expertise, experience and good humour.

While John was a visionary advocating significant reforms, he also recognised the importance of the small things. One example was his championing the need for a coffee shop as part of our award winning Green Square Library. John saw these as important informal spaces where people can meet and enjoy each other’s company. John made good use of this coffee shop when he moved into an apartment just behind the library in the last years of his life.

John didn’t stop after he left Council in 2016. Over the last two years of his life he directed his energy and intellect to planning reform in NSW, collaborating with Michael Neustein in writing a proposal for a NSW Better Places Act. This proposal embodied John’s core belief that planning should be directed towards creating places for people and not be focussed on individual developments and colour coded maps.

I hope these and many other of his ideas live on and be John’s continuing legacy.

They embody John’s personal philosophy which he succinctly summarised as: “If there's something wrong, do something about it.”

COUNCILLOR CLOVER MOORE

Lord Mayor

 

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

It is resolved that:

(A)      all persons attending this meeting of Council observe one minute’s silence to commemorate the life of former Councillor John Hayward Mant AM and his significant contribution to planning, the urban environment, good governance and social justice;

(B)      Council express its condolences to John’s daughter Julia, his son Jim, his stepdaughter Robbie and his granddaughters Vivienne and Minka; and

(C)      the Lord Mayor be requested to convey Council’s condolences to John’s family. Vale John Hayward Mant AM.

Carried unanimously.

S051491

Note – All those present at the meeting, held remotely, observed a minute’s silence in memory of John Hayward Mant AM.

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

It is resolved that:

(A)      Council note:

(i)         the City of Sydney needs and support quality and affordable childcare services for the community;

(ii)        KU Laurel Tree House provides quality child care services to the Glebe community;

(iii)      KU Laurel Tree is much loved by the Glebe community as detailed in the Love Letter to KU Laurel Tree House detailing the experiences of generations of children and parents who have used the Centre;

(iv)      the Glebe community want to see the KU Laurel Tree House continue to operate in Glebe; and

(v)       KU Laurel Tree House have advised parents they are closing their doors at the end of the year as the NSW Government is selling the building they are operating in;

(vi)      the City of Sydney and the Lord Mayor have consistently called on the NSW Government to retain publicly owned buildings across the Local Government Area; and

(vii)     the Lord Mayor wrote to the Hon Melinda Pavey on 17 May 2021 asking that the NSW Government urgently investigate retaining KU Laurel Tree House to allow this important childcare service to continue to operate.

The amended motion was carried unanimously.

S129266

 

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

It is resolved that:

(A)      Council note:

(i)         the City of Sydney’s ongoing commitment to making Sydney truly inclusive and welcoming as embodied in the A City for All: Inclusion (Disability) Action Plan;

(ii)        a key focus of the Plan is that streets, parks, footpaths and open spaces in the City of Sydney area are accessible;

(iii)      the design, maintenance and management of infrastructure and places enables people with disability to travel through the City with dignity and independence;

(iv)      which is why the A City for All: Inclusion (Disability) Action Plan includes key actions to:

(a)       continue to improve the accessibility of the public domain for people with a disability and older people, through renewal programs, upgrades and new capital projects; and

(b)       continue to deliver inclusive sport and recreation activities through the City’s recreation facilities and open spaces; and

(v)       concerns have been raised in relation to the turning angle on the disabled access at Hollis Park on the corner of Fitzroy and Wilson Streets;

(vi)      the ramp from the Wilson Street boundary is not accessible by wheelchair due to the steep park topography;

(vii)     the pavement is also very narrow along Fitzroy Street, which is further impeded by telegraph poles, lighting poles and signposts;

(viii)    wheelchair access is provided into Hollis Park at three locations:

(a)      the junction of Warren Ball Avenue and Fitzroy Street;

(b)       the junction of Warren Ball Avenue with Georgina Street; and

(c)       a further entrance along Georgina Street; and

(ix)      the enclosed playground is also fully accessible by wheelchairs; and

(B)      the Chief Executive Officer be requested to investigate the concerns in relation to Hollis Park as part of a future park upgrade to improve disability access.

The amended motion was carried unanimously.

S129266

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

It is resolved that:

(A)      Council note:

(i)         the City of Sydney is keenly committed to Reconciliation and addressing the disproportionate disadvantage experienced by Aboriginal and Torres Strait Islander peoples;

(ii)        a National Agreement of Closing the Gap has been developed to enable Aboriginal and Torres Strait Islander people and governments to work together to overcome the inequality experienced by Aboriginal and Torres Strait Islander people, and achieve life outcomes equal to all Australians;

(iii)      the National Agreement requires each jurisdiction (state and territory) to have an implementation plan in place to close the gap by July 2021;

(iv)      the NSW Coalition of Aboriginal Peak Organisations and NSW Government have been developing a NSW Implementation Plan for Closing the Gap which is currently Cabinet-in-confidence and not publicly available;

(v)       councils across the Australia are highly engaged in the priority reform areas and socio-economic targets referred to throughout the National Agreement on Closing the Gap including early childhood care and development; social and emotional wellbeing initiatives; housing, health, disability inclusion, social cohesion, inclusion and anti-racism initiatives; prevention of family and domestic violence and community infrastructures;

(vi)      Local Government engagement will be crucial to ensuring the success of Closing the Gap initiative; and

(vii)     all councils have a role to play in supporting the priority reforms and target areas set out within the National Closing the Gap Agreement;

(B)      the Chief Executive Officer be requested to:

(i)         seek advice and comment on the development of a Closing the Gap Strategy from the Aboriginal and Torres Strait Islander Advisory Panel; and

(ii)        pending advice received from the Aboriginal and Torres Strait Islander Advisory Panel, request City staff to consider a Closing the Gap Strategy which builds on and links to the existing City Stretch Reconciliation Action Plan, outlining how Council can contribute and is contributing to the priority reform areas and socioeconomic targets in the National Agreement for Closing the Gap as soon as practicable following appropriate community consultation with local Aboriginal stakeholders and organisations.

The amended motion was carried unanimously.

S129266

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

It is resolved that:

(A)      Council note:

(i)         under normal circumstances, more than 178,000 international students study in Sydney each year, enhancing global connections in our local communities, contributing to the life and vibrancy of the city and increasing the diversity of our city. They contribute $5.8 billion per year to the Australian economy, with significant spend by students in our local City of Sydney economy in addition to their contributions as workers in local businesses;

(ii)        as a result of the Covid-19 pandemic, many international students returned home in 2020 and fewer have arrived this year due to continued border closures. Student housing in the City of Sydney has been dramatically impacted, with four out of the top five areas with the greatest reduction in international students in NSW being in our Local Government Area. It may be some time before international student numbers return to pre-pandemic levels, with impacts for our education sector, student housing providers, and the many businesses connected to the international education sector;

(iii)      there is evidence that domestic and family violence increases post disaster, as discussed at the City of Sydney’s Domestic and Family Violence Forum in May. In the Sydney Local Government Area, there are on average three incidents of reported abuse per day. Services are reporting that there is an increased need for affordable transitional housing for women experiencing domestic violence or at risk of homelessness as a stepping stone to permanent, safe and affordable housing;

(iv)      vacant student accommodation in our Local Government Area presents one potential solution to this increased need for transitional and affordable housing, however, some barriers exist to the “meanwhile use” of student housing to meet this need, such as the need for new models to ensure commercial viability and planning approval conditions which limit use in some cases; and

(v)       discussions with members of the Student Accommodation Association, Women’s Community Shelters and City West Housing have led to a proposal for an innovative arrangement to trial the “meanwhile use” of a property in the Local Government Area, for women in need of transitional affordable housing. This may be the prototype of a new model to unlock more student housing for transitional housing and crisis accommodation; and

(B)      the Chief Executive Officer be requested to:

(i)         consider how the City may be able to support this proposed “meanwhile use” of student housing for transitional housing and crisis accommodation, and to assess whether this project is appropriate to be supported with seed funding from the City of Sydney’s Affordable and Diverse Housing Fund;

(ii)        work with partners to evaluate the viability and impact of this transitional “meanwhile use” housing model and investigate how this model might be replicated, to support the student housing sector while also providing affordable housing for people in need; and

(iii)      consider whether planning changes or exemptions may be required and desirable to enable “meanwhile use” for other student accommodation sites in our Local Government Area.

The motion was carried on the following show of hands -

Ayes (9)          The Chair (the Lord Mayor), Councillors Chung, Kok, Miller, Phelps, Scott, Scully, Thalis, and Vithoulkas

Noes (1)          Councillor Forster.

Motion carried.

S129264

 

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

It is resolved that:

(A)      Council note:

(i)         the NSW Government has released details on an integrated network plan for Sydney’s South East that will affect key bus routes for the City of Sydney;

(ii)        residents in the City of Sydney suburbs of Alexandria, Botany, Redfern, Rosebery, Surry Hills, Waterloo and Zetland will be directly impacted by the proposed changes;

(iii)      a number of routes will be changed or lost altogether significantly impacting vulnerable City of Sydney residents including:

(a)  301, 302 and 303 services will be lost completely affecting Redfern,  Waterloo, Zetland and Rosebery residents;

(b)  309 will no longer operate between Redfern and Central;

(c)   Surry Hills residents will lose a number of bus services including routes 309, 338, 372, 376, 391, 393 and 395;

(d)  370 route – used to run from Coogee to Leichardt via the University of Sydney – will no longer operate from University of Sydney to Leichardt impacting residents who used to travel to Coogee from Glebe and Newtown and residents who also want to travel between Glebe and Newtown easily;

(e)  418 – will no longer operate between Sydenham and Kingsford impacting residents in Alexandria; and

(f)    389 route no longer services the Pyrmont Bay Ferry Wharf nor the West end of the Pyrmont Bridge;

(iv)      an integrated transport network, including regular bus services, is crucial to creating a sustainable city and accommodate the high growth in residents, workers and visitors to the local area in the future;

(v)       a key role for the City is to make representations on behalf of residents to other levels of government;

(vi)      the Lord Mayor and Council have been consistent, passionate advocates for accessible public transport services throughout the City of Sydney since 2004;

(vii)     the Lord Mayor has publicly and privately called for significant improvements to public transport services for Green Square, including Light Rail, suburban rail and Sydney Metro;

(viii)    Transport for NSW requested feedback by 30 June 2021, with a view to implementation later in the year;

(ix)      City staff drafted a submission to the consultation, which was circulated to Councillors for input via a CEO Update on 25 June 2021;

(x)       the City lodged a comprehensive submission with Transport for NSW on 30 June 2021, which included feedback directly received from Councillors;

(B)      the Lord Mayor be requested to write to the NSW Premier Gladys Berejiklian and Minister for Transport Andrew Constance:

(i)         providing a copy of the City’s submission to the Transport for NSW consultation process on the Draft South East Bus Plan and highlighting potential impacts on inner city residents;

(ii)        requesting that Transport for NSW brief Council on the details of the Draft South East Bus Plan before it is finalised;

(iii)      reiterating Council’s support for stronger public transport links in the City of Sydney;

(iv)      repeating Council’s requests for funding for Green Square Light Rail, a Metro station at Green Square and a high-frequency, zero-emission bus service from Green Square to the CBD; and

(v)       asking the NSW Government to listen to community feedback received through the consultation process and to further engage with the community ahead of and during the implementation of the changes.

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

Ayes (9)          The Chair (the Lord Mayor), Councillors Chung, Kok, Miller, Phelps, Scott, Scully, Thalis, and Vithoulkas

Noes (1)          Councillor Forster.

Motion carried.

S129266

It is resolved that:

(A)      Council note the previous approval in December 2017 to enter into a Project Development Deed with the NSW Department of Education, the changes since made, and the need to approve an amended Deed;

(B)      Council approve a Project Development Deed with the NSW Department of Education for the Green Square Town Centre Integrated Community Facility and School substantially on the terms contained in Confidential Attachment C to the subject report;

(C)      authority be delegated to the Chief Executive Officer to negotiate, finalise and execute the Project Development Deed with the NSW Department of Education for the Green Square Town Centre Integrated Community Facility and School, noting that the final Deed must be substantially in accordance with the document contained at Confidential Attachment C to the subject report; and

(D)      Council note that if the terms contemplated by (B) above are changed, Council approval will be required for those changes.

Carried unanimously.

S100177.012

 

It is resolved that:

(A)      Council approve the granting of a five-year lease with a five-year option to AVC Operations Pty Limited for Part Ground Floor and Part Portico Customs House, 31 Alfred Street, Sydney;

(B)      Council approve the granting of a five-year licence to AVC Operations Pty Limited for the eastern and western parts of the Customs House Forecourt area; and

(C)      authority be delegated to the Chief Executive Officer to negotiate, execute and administer the terms of the lease and licence in accordance with Confidential Attachment A to the subject report.

Carried unanimously.

S099079

 

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

Carried unanimously.

X025359

 

It is resolved that the Investment Report as at 30 June 2021 be received and noted.

Carried unanimously.

X020701

It is resolved that:

(A)      Council endorse entering into discussions with Jemena Limited, Sydney Water and other relevant related parties under a non-binding Memorandum of Understanding to investigate the City’s participation in a Renewable Gas Certification Pilot;

(B)      Council approve an exemption from tender to enter into an agreement with Jemena Limited, Sydney Water or appropriate related entities in relation to the Renewable Gas Certification Pilot for a timeframe that will be determined during implementation of the Memorandum of Understanding;

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

(i)         the Renewable Gas Certification Pilot is a unique inter-industry partnership which cannot be replicated and hence there are no other suppliers which can offer a similar competitive / reliable alternative; and

(ii)        there are no other suppliers currently, so there are no competitors with which to run a tender process;

(D)      authority be delegated to the Chief Executive Officer to enter into the Memorandum of Understanding;

(E)      authority be delegated to the Chief Executive Officer to determine if the Renewable Gas Certification Pilot commences and is considered to be feasible and, if feasible, negotiate, execute and administer the contracts relating to the Renewable Gas Certification Pilot; and

(F)      Council note that if the City enters into an agreement with Jemena Limited, details of this agreement will be provided via CEO Update.

Carried unanimously.

S084740.016

 

It is resolved that:

(A)      Council note the submissions and feedback received through the public exhibition period as shown at Attachment D to the subject report;

(B)      Council adopt the Environmental Strategy 2021-2025, incorporating amendments as shown at Attachment A to the subject report;

(C)      Council adopt the Environmental Sustainability Policy, as shown at Attachment B to the subject report;

(D)      Council rescind the Sustainable Events Management Policy, as shown at Attachment C to the subject report, which is superseded by the Environmental Sustainability Policy;

(E)      authority be delegated to the Chief Executive Officer to make minor editorial amendments to the Environmental Strategy 2021-2025 and the Environmental Sustainability Policy; and

(F)      Council note that people and organisations who made submissions will be notified of the adoption of the Environmental Strategy 2021-2025 and the City responses as shown at Attachment D to the subject report.

Carried unanimously.

X027797.008

 

It is resolved that Council:

(A)      endorse the scope for improvement works to Harry Noble Reserve Playground as described in the subject report and shown in the Draft Concept Plan at Attachment B to the subject report for progression to relevant approvals, landowners consent, preparation of construction documentation, tender and construction; and

(B)      note the estimated project forecast as outlined in Confidential Attachment D to the subject report.

Carried unanimously.

X038100

 

It is resolved that:

(A)      Council endorse the revised project scope for the Pyrmont Community Centre Upgrade as described in the subject report for the purpose of proceeding with design development and lodgement of the Development Application, documentation and tender for construction works;

(B)      Council note the financial implications detailed in Confidential Attachment C to the subject report;

(C)      Council approve that the additional funds required for this project are sourced from the future year provisions for Community and Recreational Facilities included in the City's current approved Long Term Financial Plan, as set out in the City's Resourcing Strategy (2021);

(D)      Council approve an exemption from tender for additional contingency for the Head Design Consultant works by reason of extenuating circumstances, noting that a satisfactory result for the City would not be achieved by inviting tenders at this time;

(E)      Council note the reasons that a satisfactory result would not be achieved for inviting tenders for this work are:

(i)         the expanded scope of works (from part to all of the Community Centre) is best carried out by the current head design consultant on the basis the consultant is already engaged, and work is well underway, thereby resulting in efficiency in program design and costs and transfer of existing project knowledge associated with the expanded scope of works; and

(ii)        the proposed services can be provided by a company already engaged by Council. Hence a natural advantage, such as efficiency in program, costs, and transfer of existing knowledge will be achieved by using the existing company;

(F)       Council approve the increased contract contingency to the existing Head Design Consultant contract to cover extended design work, as described in Confidential Attachment C to the subject report; and

(G)      authority be delegated to the Chief Executive Officer to negotiate, execute and administer variations to the Head Design Consultant Contract relating to Pyrmont Community Centre Upgrade.

Carried unanimously.

X038734

 

It is resolved that:

(A)      Council note the results and responses to the public exhibition of the Greening Sydney Strategy, as shown at Attachment B to the subject report;

(B)      Council adopt the Greening Sydney Strategy, as shown at Attachment A to the subject report; and

(C)      authority be delegated to the Chief Executive Officer to undertake minor editorial amendments to the Greening Sydney Strategy.

Carried unanimously.

X025479

 

It is resolved that:

(A)      Council approve Planning Proposal – Botany Road Precinct, shown at Attachment A to the subject report, for submission to the Department of Planning, Industry and Environment with a request for a Gateway Determination;

(B)      Council approve Planning Proposal – Botany Road Precinct, shown at Attachment A to the subject report 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, Industry and Environment to exercise the delegation of all functions under the relevant local plan making authority under Section 3.36 of the Environmental Planning and Assessment Act 1979 to make the local environmental plan and put into effect the Planning Proposal – Botany Road Precinct;

(D)      Council approve draft Development Control Plan - Botany Road Precinct, shown at Attachment B to the subject report, for public authority consultation and public exhibition together with the planning proposal; and

(E)      authority be delegated to the Chief Executive Officer to make any minor variations to Planning Proposal – Botany Road Precinct and draft Development Control Plan – Botany Road Precinct, to correct any drafting errors or to ensure consistency with the Gateway Determination.

Carried unanimously.

X031159

 

It is resolved that:

(A)      Council approve Planning Proposal - Enterprise Area Review, shown at Attachment A to the subject report, for submission to the Department of Planning, Industry and Environment with a request for a gateway determination;

(B)      Council approve Planning Proposal - Enterprise Area Review, for public authority consultation and public exhibition in accordance with any conditions imposed under the gateway determination;

(C)      Council approve draft Sydney Development Control Plan 2012: Southern Enterprise Area Amendment, shown at Attachment B of the subject report, for public exhibition concurrent with the planning proposal;

(D)      Council seek authority from the Department of Planning, Industry and Environment to exercise its delegation under section 3.36 of the Environmental Planning and Assessment Act 1979 to make the amending Local Environmental Plan; and

(E)      authority be delegated to the Chief Executive Officer to make any minor variations to Planning Proposal - Enterprise Area Review and draft Sydney Development Control Plan 2012: Southern Enterprise Area Amendment 2021 to correct any drafting errors or inconsistencies, or to ensure consistency with any condition of the gateway determination.

Carried unanimously.

X025568

 

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

It is resolved that:

(A)      Council approve the continuation of fee waivers and note the potential revenue foregone for the lockdown period, at an estimated value of $7.8 million per month;

(B)      Council approve funding donations of:

(i)         $300,000 to OzHarvest Limited;

(ii)        $300,000 to Foodbank NSW & ACT Limited; and

(iii)      $100,000 to SecondBite

to provide food relief to vulnerable communities;

(C)      the Chief Executive Officer be requested to explore further options for providing food relief to vulnerable communities;

(D)      Council approve funding of up to $50,000 to supply and distribute masks to vulnerable  communities and to increase communication to connect people with mental health and  social connection support services;

(E)      Council approve an additional $250,000 in new Community Emergency Quick Response Grants for not for profit entities to deliver community services addressing urgent needs as they arise;

(F)      authority be delegated to the Chief Executive Officer to finalise grant criteria, advertise  for applications as appropriate and approve the Community Emergency Quick Response Grants due to the emergency need, and to report back on grants awarded by way of CEO Update;

(G)      Council approve the transfer of $1.0 million from General Contingency funds to fund the initial phase of the recovery package, and note the balance of funding will be determined as the City gains a better understanding of the financial and operational impacts of the current lockdown, to refine and bring back its financial recovery plan to Council;

(H)      the Chief Executive Officer be requested to develop an appropriate grant program for delivery of an additional $4 million to support business and creatives in the recovery of the city economy (including funding for resources to do so), with the proposed program to be reported back to Council;

CBD Revitalisation Fund

(I)        Council approve a variation to the CBD Revitalisation Fund contract with NSW Treasury to extend the term of the program by 11 months until 30 September 2022;

(J)       authority be delegated to the Chief Executive Officer to negotiate, execute and administer the variation to the CBD Revitalisation Fund agreement;

(K)      authority be delegated to the Chief Executive Officer to make any further variations to  the CBD Revitalisation Fund contract to enable the implementation of activities as outlined in this report, with such changes to be reported by way of a CEO Update;

Outdoor Dining

(L)       Council adopt the temporary changes to City of Sydney Outdoor Dining Guidelines, June 2021, as shown at Attachment A to the subject report, noting the temporary changes will apply until 30 June 2022 across the whole of the local government area and public consultation has not been possible given the circumstances;

(M)     authority be delegated to the Chief Executive Officer to make any further temporary  changes to the Outdoor Dining Guidelines for the duration of the program to enable  the implementation of activities as outlined in this report, with such changes to be reported by way of the CEO Update; and

(N)      authority continue to be delegated to the Chief Executive Officer to, by notice on the City's website, approve the use of roads, footways and public open spaces for outdoor dining, extension of foyer space and performance space under Part 12 of the Liquor Act 2007 in accordance with the requirements of that Act, with such delegation to apply until 30 June 2022;

Advocacy

(O)      Council call upon the Federal Government to:

(i)         reinstate JobKeeper for those businesses affected by lockdowns directed at controlling the spread of Covid-19;

(ii)        extend existing Covid disaster payments to persons in receipt of Commonwealth benefits; and

(iii)      reinstate the Coronavirus supplement for persons receiving Commonwealth benefits in areas affected by lockdowns.

(P)      the Lord Mayor be requested to write to the Prime Minister and the Treasurer advising that Council calls upon the Federal Government to take the actions outlined in (O) above.

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

X034972.14

It is resolved that Council:

(A)      decline to accept any of the tenders received in response to the tender for Sustainability Programs – Panel of Suppliers;

(B)      cancel the tender for the Sustainability Programs – Panel of Suppliers; and

(C)      note that a new tender will be released for a revised scope of services.

Carried unanimously.

X021078.006

 

It is resolved that Council:

(A)      note that the City and Transport for NSW have agreed that no compensation will be payable under the Land Acquisition (Just Terms Compensation) Act 1991 for land or property interests acquired by Transport for NSW for the CBD and South East Light Rail Project;

(B)      note that Transport for NSW have agreed to transfer land surplus to the CBD and South East Light Rail for no consideration to the City;

(C)      in respect of 'Eddie Ward Park’, corner of Marlborough and Devonshire Streets, Surry Hills, endorse:

(i)         Transport for NSW acquiring proposed Lot 2 in, plan of acquisition, Deposited Plan1260627 (Acquisition Land) from the City pursuant to section 29 of the Land Acquisition (Just Terms Compensation) Act 1991;

(ii)        Transport for NSW dedicating to the City as Public Road proposed Lots 11 and 12 in, plan of subdivision, Deposited Plan 1266757 (Compensation Land); and

(iii)      the pre-existing easements over proposed Lot 12 in Deposited Plan 1266757 for electricity and water;

(D)      in respect of 'Wimbo Park', Surry Hills, endorse:

(i)         Transport for NSW acquiring the following land from the City pursuant to section 29 of the Land Acquisition (Just Terms Compensation) Act 1991:

·               Part 560-576 Bourke Street, Surry Hills, being community land shown as proposed Lot 2 affecting Lots 6 and 7 in Deposited Plan 456577, (Acquisition Land);

·               Part of Olivia Lane, being road and shown as proposed Lot 4, (Acquisition Land); and

·               Part of Parkham Place being road and shown as proposed Lot 5, (Acquisition Land);

(ii)        Transport for NSW:

·               transferring land forming part pf 3 Olivia Lane and part 625-629 South Dowling Street, Surry Hills being proposed Lots 2, 3, 4, 5, 6 and 8 in the proposed plan of subdivision (PPN 1272206) being part of Lot 10 in Deposited Plan 817603 and Lot 12 in Deposited Plan 1194942 for community purposes (Compensation Land); and

·               dedicating as road, pursuant to the Roads Act 1993, and forming part of 3 Olivia Lane, proposed Lot 9 at the corner of Parkham Place and Nobbs Lane and proposed Lot 10 at the corner of Parkham Lane and Parkham Place in the proposed plan of subdivision of Lot 10 in Deposited Plan 817603 and Lot 12 in Deposited Plan 1194942 (Compensation Land);

 

(iii)      the grant by the City of a 25-year licence for carparking to South Eastern Area Health Service over proposed Lots 4,5 and 6 in proposed plan of subdivision(PPN.1272206) as part of the conditions inherited from Transport for NSW from the Sydney Light Rail Project consent; and 

(iv)      the grant of various easements benefitting Transport for NSW as described within the report for the purpose of the Sydney Light Rail Project;

(E)      in respect of 'Anzac Parade’, Moore Park endorse:

(i)         Transport for NSW acquiring from the City a stratum below part of Anzac Parade, Lot 2 in Plan of Acquisition, Deposited Plan 1266334 pursuant to section 29 of the Land Acquisition (Just Terms Compensation) Act 1991 (Acquisition Land); and

(ii)        Transport for NSW dedicating as road, pursuant to the Roads Act 1993, proposed Lots 5 and 6 in the proposed plan of subdivision (PPN 1271476) being part of Lot 2 in Deposited Plan 739594 (Compensation Land);

(F)       delegate authority to the Chief Executive Officer to finalise the negotiation of any terms and conditions of the Section 29 Land Acquisition Agreement and Land Transfer Agreements and any other documents required to support these transactions, and to execute any documentation necessary to give effect to the transactions approved by these resolutions;

(G)      endorse the proposed resolution: 'It is resolved to classify the City acquired property being a subdivision of Lot 10 in Deposited Plan 817603 and Lot 2 in Deposited Plan 1194942, and further described as proposed Lots 2, 3, 4, 5, 6 and 8 in proposed plan of subdivision no.1272206, as operational land in accordance with section 31 of the Local Government Act 1993' be publicly notified for a period of 28 days prior to or following the completion of the acquisition; and

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

Carried unanimously.

X081018

 

It is resolved that:

(A)      Council approve a cash sponsorship of $85,000 (excluding GST) per annum for two years to International Management Group of America Pty Limited (IMG) for Australian Fashion Week 2022 and 2023;

(B)      Council approve a cash sponsorship of $150,000 (excluding GST) and $20,000 value in kind for the use of civic spaces and City venues for one year, to Vogue Australia (News Corp Australia Pty Limited) for Vogue Fashion’s Night Out 2021; and

(C)      authority be delegated to the Chief Executive Officer to negotiate, execute and administer sponsorship agreements with each of the applicants above.

Carried unanimously.

S104486.012

 

It is resolved that:

(A)      Council approve a cash sponsorship of $15,000 (excluding GST) to Impact X Pty Ltd for the 2021 Impact X Climate Growth Summit Sydney; and

(B)      authority be delegated to the Chief Executive Officer to negotiate, execute and administer a sponsorship agreement with Impact X Pty Ltd in relation to the sponsorship described in (A) above.

Carried unanimously.

X081463

 

Moved by the Chair (the Lord Mayor), seconded by Mr Persson -

It is resolved that:

(A)      the requirement of Section 51N of the City of Sydney Act 1988 to consult with the Central Sydney Traffic and Transport Committee not apply in this instance as the proposal does not require, nor might reasonably be expected to require, the carrying out of road works or traffic control works that are likely to have a significant impact on traffic and transport in the Sydney CBD;

(B)      the variation requested to the height of buildings standard and motorcycle parking standard in accordance with Clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012 be upheld;

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

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

(E)      pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act 1979, a deferred commencement consent be granted to Development Application No. D/2020/1386 subject to the conditions set out in Attachment A to the subject report, subject to the following amendment (additions shown in bold italics):

(21)        LOADING DOCK MANAGEMENT PLAN

Prior to the issue of a construction certificate, a loading dock management plan is to be prepared, including consideration of the future adjoining development being served by the loading dock. The Loading Dock Management Plan is to be submitted to the Director City Planning, Development and Transport for approval. 

(Remaining conditions to be renumbered accordingly)

Reasons for Decision

The application was approved for the following reasons:

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

(B)      The proposal generally satisfies the relevant controls relating to student accommodation and boarding house uses.

(C)      The development conserves two traditional shops and conserves in perpetuity an existing space and chattels of historic significance, with public access, held in high regard by the Chinese community.

(D)      The proposal, subject to conditions, satisfies the provisions of clause 6.21 of the Sydney LEP 2012.

(E)      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 29 of the ARHSEPP, that compliance with motorcycle provision standard is unreasonable or unnecessary and that there are sufficient planning grounds to justify no motorcycle provision: and

(iii)      the applicant's written request has adequately addressed the matters required to be demonstrated by clause 29 of the ARHSEPP, that floor space bonus applies to the site; and

(iv)      the proposal is in the public interest because it is consistent with the objectives of the B8 Metropolitan zone.

(F)      Condition 21 was added to enable the consideration of access to another loading dock through the driveway.

Carried unanimously.

D/2020/1386

Speakers

Michael Williams (Australia-China Institute for Arts and Culture), Daphne Lowe Kelly (Museum of Sydney), Ann Toy (objector), Malcolm Oakes (Chinese Australian Historical Society), David Burdon (National Trust of Australia), Hector Abrahams  (Hector Abrahams Architects), Tristan Ryan (Hector Abrahams Architects) and Giovanni Cirillo (Planning Lab) addressed the meeting of the Central Sydney Planning Committee on Item 6.

James Philips (Weir Philips Heritage and Planning) and Ian Cady (Mecone) – on behalf of the applicant, addressed the meeting of the Central Sydney Planning Committee on Item 6.

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

It is resolved that:

(A)      the Central Sydney Planning Committee approve Planning Proposal – Botany Road Precinct, shown at Attachment A to the subject report, for submission to the Department of Planning, Industry and Environment with a request for a Gateway Determination;

(B)      the Central Sydney Planning Committee approve Planning Proposal – Botany Road Precinct, shown at Attachment A to the subject report 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 19 July 2021 that Council seek authority from the Department of Planning, Industry and Environment to exercise the delegation of all functions under the relevant local plan making authority under Section 3.36 of the Environmental Planning and Assessment Act 1979 to make the local environmental plan and put into effect the Planning Proposal – Botany Road Precinct;

(D)      the Central Sydney Planning Committee note the recommendation to Council’s Transport, Heritage and Planning Committee on 19 July 2021 that Council approve draft Development Control Plan - Botany Road Precinct, shown at Attachment B to the subject report, for public authority consultation and public exhibition together with the planning proposal; and

(E)      authority be delegated to the Chief Executive Officer to make any minor variations to Planning Proposal – Botany Road Precinct and draft Development Control Plan – Botany Road Precinct, to correct any drafting errors or to ensure consistency with the Gateway Determination.

Carried unanimously.

X031159

 

Moved by the Chair (the Lord Mayor), seconded by Ms Galvin -

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; and

(B)      pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act 1979, a deferred commencement consent be granted to Development Application No. D/2020/916 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 development complies with the objectives of the B2 Local Centre zone pursuant to the Sydney Local Environment Plan 2012.

(B)      The development is consistent with the permitted floor space ratio pursuant to clauses 4.4 and 6.21 of Sydney Local Environmental Plan 2012.

(C)      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  under 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; and

(ii)        the proposal is in the public interest because it is consistent with the objectives of the B2 Local Centre zone and the height of buildings development standard.

(C)      The development demonstrates design excellence pursuant to clause 6.21 of Sydney Local Environmental Plan 2012.

(D)      The development is generally consistent with the Design Quality Principles and the objectives of the Apartment Design Guide as per the State Environmental Planning Policy No 65 - Design Quality of Residential Apartment Development.

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

Carried unanimously.

D/2020/916

Speakers

Martin Denny (Kinsley Hall Strata Committee), Kerry Needs (2011 Residents’ Association), Carole Ferrier (2011 Residents’ Association), and Patrick McGrath (2011 Residents’ Association) addressed the meeting of the Central Sydney Planning Committee on Item 4.

Kristy Hodgkinson (Hamptons Property Services), Tim Greer (TZG), Warwick Bowyer (Iris Capital), Ksenia Totoeva (TZG), Anital Panov (panovscott Architects) and Andrew Scott (panovscott Architects) – on behalf of the applicant, addressed the meeting of the Central Sydney Planning Committee on Item 4.

 

Moved by the Chair (the Lord Mayor), seconded by Ms Galvin -

It is resolved that:

(A)       authority be delegated to the Chief Executive Officer to determine Development Application No. D/2020/45, following the conclusion of the public exhibition of the draft Voluntary Planning Agreement and considering any public submissions received in response;

(B)       authority be delegated to the Chief Executive Officer to determine whether the Design Excellence Strategy for 881-887 Bourke Street and 207-231 Young Street, Waterloo prepared by Ethos Urban on behalf of Jeffman Pty Ltd and Red Breast Pty Ltd and dated 19 April 2021, as shown in Attachment F to the subject report, ought to be approved pursuant to Section 3.3.1 of the Sydney Development Control Plan 2012 and Section 1.2 of the Competitive Design Policy; and

(C)       if the Chief Executive Officer determines to approve the application, consideration be given, pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act 1979, to granting a deferred commencement consent to Development Application No. D/2020/45 subject to the conditions set out in Attachment A to the subject report, subject to the following amendments (additions shown in bold italics, deletions shown in strikethrough):

(26)     EARLY PHYSICAL WORKS AIR QUALITY MANAGEMENT PLAN (AQMP)

Prior to the commencement of any demolition, excavation or remediation works within the subject site, an Early Physical Works Air Quality Management Plan (EPWAQMP) must be prepared by a suitably qualified Environmental Consultant and submitted to and approved by the city`s Area Planning Manager.

The EPWAQMP shall be consistent with the requirements of Order 14 of Management Order No. 20111403 issued by the Land and Environment Court of NSW on 26 May 2011 and must address, but is not limited to, the following matters:

(a)   description of the measures that would be implemented on site to ensure:

(i)          the control of air quality, volatile vapours and odour impacts of the proposed works;

(ii)         that these controls remain effective for the duration of the works;

(iii)       that all reasonable and feasible air quality management practice measures are employed;

(iv)       the air quality impacts are minimised during adverse meteorological conditions and extraordinary events; and

(v)        compliance with relevant conditions of consent;

(b)     include performance objectives for monitoring dust and ensuring no off-site air quality impacts to nearby residences and businesses;

(c)     includes an air quality monitoring program that:

(i)          is capable of evaluating the performance of the demolition, excavation and remediation works;

(ii)         includes a protocol for determining any exceedances of the relevant conditions of consent and responding to complaints;

(iii)       adequately supports the air quality performance objectives; and

(iv)       evaluates and reports on the effectiveness of air quality management for the demolition, excavation and remediation works;

(d)     details on monitoring weather conditions and communicating changing conditions to the workforce; and

(e)     stop work procedures if performance objectives are not being met.

(92)   LANDSCAPE STRATEGY

(a)     Prior to the commencement of a competitive design process for a development parcel or parcels, a high-level landscape strategy is to be submitted to and approved by Council’s Area Planning Manager / Coordinator for the relevant development parcel or parcels.

(b)     The landscape strategy should incorporate the following:

(i)      a drawing of the development parcel, in plan. The drawing must:

a.       illustrate the envelope footprint, as approved by this consent;

b.       illustrate and note the dimensions of any deep soil zone contained within the development parcel, as approved by this consent;

c.       illustrate and note the dimensions of any building, landscape and public domain setbacks (i.e. footpath widenings on Bourke Street) setbacks;

d.       illustrate the location and tree number (as per the report approved in accordance with the ABORICULTURAL IMPACT ASSESSMENT REPORT [TREE MANAGEMENT CONDITION] condition of this consent) of trees to be retained or removed in accordance with the TREES APPROVED FOR REMOVAL and TREES THAT MUST BE RETAINED [TREE MANAGEMENT] conditions of this consent;

(iii)     note that tree canopy cover is to be provided to 15% of the area of the development parcel (in accordance with provision 3.5.2 of the Sydney DCP 2012) and identify opportunities for any additional tree plantings required to achieve this target;

(iv)     images of the desired character of landscaped areas identified in the landscape strategy;

(c)     The landscape strategy as approved in accordance with (a) above is to be appended to any competitive design process brief for the relevant development parcel.

and subject to the following amendments to Schedule 3 of the Public Benefit Offer and Draft Voluntary Planning Agreement shown at Attachment E to the subject report (additions shown in bold italics):

2. TRANSFER LAND

2.3      Obligations on transfer

(a)        The requirement for the developer to transfer the Transfer Land to the City is satisfied where:

(i)          the City is given:

                                                           (A)         an instrument in registrable form under the Real Property Act 1900 (NSW) duly executed by the Developer as transfer or that is effective to transfer the title to the Transfer Land to the City when executed by the City as transferee and registered;

                                                           (B)         the written consent to the registration of the transfer of any person whose consent is required to that registration; and

                                                          (C)         a written undertaking from any person holding the certificate of title to the production of the certificate of title for the purposes of registration of the transfer.

(b)        The Developer is to do all things reasonably necessary to enable registration of the instrument of transfer to occur.

(c)        The Developer must ensure that the Transfer Land is free of all encumbrances and affectations including contamination (whether registered or unregistered and including without limitation any charge or liability for rates, taxes and charges) except for any encumbrances agreed in writing by the City in its absolute discretion.

(d)        The Developer must indemnify and agree to keep indemnified the City against all claims made against the City as a result of any Contamination in, over, under or migrating from the whole or any part of the Transfer Land but only in relation to Contamination that existed on or before the date that the Transfer Land is dedicated to the City in accordance with the requirements of this clause.

(e)        The Developer warrants that as at the date of this deed the Transfer Land is not subject to any Adverse Affectation and warrants as to those matters in Schedule 3 of the Conveyancing (Sale of Land) Regulation 2010 (NSW), unless otherwise notified to and agreed by the City in writing in its absolute discretion.

Reasons for Decision

The application was approved for the following reasons:

(A)       The concept proposal is for building envelopes for three mixed commercial/ residential buildings and a residential apartment building.  The proposal also delivers new public domain elements these being a new east-west street, a through-site link, and public open space.  The  development is permissible in the B2 Local Centre and B4 Mixed Use zones as stated in the land use table in the Sydney Local Environmental Plan 2012 (the LEP).

(B)       The proposed concept building envelopes comply with the 18m to 30m height of buildings controls pursuant to clause 4.3 and are capable of accommodating development that complies with the floor space ratio controls pursuant to clauses 4.4 and 6.14 of the Sydney Local Environmental Plan 2012.

(C)       The concept proposal is capable of satisfying the relevant objectives of Sydney Development Control Plan 2012 (the DCP).

(D)       The concept proposal and Design Excellence Strategy establish a concept building envelope and suitable parameters for a competitive design process. Subject to the recommended conditions, the proposed envelopes can accommodate a detailed building design of an appropriate bulk and scale, that responds to the character of the area and which is capable of achieving design excellence.

(E)       Condition 26 was amended to address the concerns of surrounding building owners.

(F)       Schedule 3 of the Public Benefit Offer and Draft Voluntary Planning Agreement was amended to ensure the land is dedicated free of contamination.

Carried unanimously.

D/2020/45