Decisions

The Panel granted consent to Development Application Number D/2025/468 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):

(2)        USE AND HOURS OF OPERATION

The use of the premises is approved as a community facility as defined in the City of Sydney Local Environmental Plan 2012 and the approved hours of operation are regulated as follows:

(a)        The permitted operating hours are restricted to between 7am to 10pm, 7 days a week. Access to the outdoor area is restricted after 8pm.

(b)        Notwithstanding (a) above, the premises may operate between 10pm and 12 midnight 7 days a week, for a trial period of 2 years from the date of this consent.

(c)        Should the operator seek to continue the extended operating hours outlined in (b) above, an application must be lodged with Council within 30 days before the end of the trial period. Council’s consideration of a proposed continuation and/or extension of the hours permitted by the trial will be based on, among other things, the performance of the operator in relation to the compliance with development consent conditions, any substantiated complaints received and any views expressed by NSW Police and Liquor & Gaming.

Reason

To ensure the premises operates as a community facility and within the approved hours of operation.

(7)        NO SPEAKERS OR MUSIC OUTSIDE

(a)     Speakers and/or noise amplification equipment must not be installed and music must not be played in any of the outdoor areas associated with the premises including the public domain. Speakers located within the premises must not be placed so as to direct the playing of music towards the outdoor areas associated with the premises.

(b)     No internal music or amplified sound is permitted after 10pm.

Reason

To safeguard the amenity of the surrounding neighbourhood.

 

Reasons for Decision

The application was approved for the following reasons:

(A)       The development is generally consistent with the objectives of Sydney Local Environmental Plan 2012 and Sydney Development Control Plan 2012.

(B)       The continued use of the site as a community facility is consistent with the objectives of the SP2 - Infrastructure zone.

(C)       The development is compatible with the character of the Erskineville Oval locality and the Kingsclear Heritage Conservation Area.

(D)       The application has demonstrated the proposal will not result in unacceptable amenity impacts on surrounding properties.

(E)       The proposal is in keeping with the future desired character of the area and is considered to be in the public interest.

(F)       Condition 2 was amended to expressly specify the use of the premises as a community facility.

(G)      Condition 7 was amended to further safeguard the amenity of the surrounding neighbourhood.

Carried unanimously.

D/2025/468

 

The Panel received and noted the subject report.

Carried unanimously.

X019228

 

 

Minute by the Lord Mayor

To Council:

On 9 September 2025, the NSW Productivity and Equality Commission (‘the Commission’) published its report, Review of regulatory barriers impeding a vibrant 24-hour economy (‘the Report’).

When he launched the Report, the Minister for the Night-Time Economy (John Graham) observed that for a long time night-time policy had a “moral tinge”, was more about “keeping people safe from themselves” and motivated by a belief that “nothing good happens after dark”. He said that the NSW Government had “worked hard to rebuild our night-time economy”, through its “vibrancy reforms” but there was more work to do “to harness its full potential”. The Commission’s report and recommendations may inform future tranches of these reforms.

The Report’s 55 recommendations are grouped into three broad areas:

·                Making it easier to open and run night-time businesses, with recommendations for continued development of Special Entertainment Precincts, proportionate regulation for low-risk development and adapting the planning system for new and evolving business models.

·                Getting around and home safely, including recommendations to make public transport at night more predictable, accessible and frequent.

·                Understanding and promoting the State’s night-time economy with recommendations for better communication with enforcement agencies, Councils and businesses, strengthening public perceptions of nightlife and addressing data gaps to improve decision making.

City of Sydney action

The City has a strong history in identifying issues impacting the night-time economy and in implementing measures to address these which are aligned to the Report's recommendations.

Our 2019 amendments to the Late Night Trading Development Control Plan (DCP) provided a "framework for fun" by establishing new late-night trading areas, enabling low-impact venues to trade later and provided incentives for licenced premises to provide live entertainment. Our 2021 Open and Creative Reforms have enabled shops to trade until 10pm in the city centre and on village high streets without requiring a development application.

We streamlined outdoor dining approvals, and since 2020, we have waived outdoor dining application and licensing fees offering support worth $20 million. We have now made this fee waiver permanent. Almost all businesses with outdoor dining have told us it is beneficial, or crucial, to their business - more than half have had an increase in turnover of around 20%. Many have employed new staff or increased staff hours – an estimated 200 jobs have been created from our free outdoor dining.

Our $32 million upgrade of Crown Street is creating a more attractive streetscape with more space for outdoor dining and for displaying goods on the footpath. The City has also spent over $300 million transforming George Street into a pedestrian boulevard, which has attracted $8 billion of private investment and is now enticing crowds of people sitting and walking, eating and drinking, shopping and chatting with friends.

This year, we made further DCP changes to safeguard live entertainment venues. New residential development near existing venues or 24-hour late-night trading areas are now required to be built to a standard that protects residents from existing noise. Likewise, new or substantially changed venues need to be built to a standard that provides existing residents reasonable amenity.

To further incentivise venues, we have enabled earlier and later trading hours and extended trial periods for longer trading hours to reduce the need for a development application (DA).

Work is now under way to enable our existing late-night trading areas to become Special Entertainment Precincts, unlocking additional benefits for nightlife businesses. This includes additional liquor licence hours and discounted liquor licence fees. It creates opportunities for more areas to benefit from a diverse and vibrant night-time offering, while also providing greater certainty for businesses.  

The City is doing this work in line with the NSW Government’s Guidelines which requires us to carry out sound studies and develop precinct management plans with a framework around compliance and sound management. As they prepare these plans, staff will consider managing waste, cleansing and anti-social behaviour as well as encouraging a diverse range of night-time activities which are accessible, inclusive and affordable for everyone. The City will prepare a draft Planning Proposal and DCP that will be reported to Council in early 2026.

We have also taken action to improve safety at night and to promote Sydney’s nightlife, consistent with the Report’s recommendations. The City has introduced initiatives such as the Oxford Street Pride Charter, PrideVis security vests, and late-night safety walks with NSW Police to promote inclusion, safety, and trust with LGBTIQA+ communities. It also coordinates a Pride Care Space during Mardi Gras, providing young people with hydration, nutrition, and support services.

The Report

I have long advocated to State Governments for many of the reforms recommended in the Report, including harmonising liquor licensing and planning approval processes and improvements to late night public transport.

I welcome recommendations to increase the frequency of and access to public transport at night. I strongly suggest the NSW Government trials later services so everyone, including workers, can get home safely and affordably when venues close, especially on weekends and in high-activity areas such as Oxford Street and the city centre.

Vehicle speeds are generally higher at night in the City Centre and main streets, yet the Report overlooks measures like 30km/h limits in late-night precincts that could support activation and improve safety. 

Many of the Report’s recommendations are likely to have significant implications for Councils if adopted including those relating to development approval processes, length of trial periods, heritage uses and zoning changes. It is important that we fully understand these implications, and where necessary the NSW Government engages with Councils before they are adopted.

The Report explicitly acknowledges that many impacts on nightlife and the night-time economy are outside the scope of its review. These include staff shortages, higher costs of operating businesses at night, cost of living, and the competing attraction of staying at home. Nor does it address the need for additional funding to support many of the proposed initiatives which rely on local Councils, precinct-based groups and local businesses supporting and delivering outcomes.

Even so, the Report makes an important contribution to identifying actions to further revitalise our nightlife. In welcoming it, we are committed to continuing to work with the NSW Government, nightlife businesses and the community to ensure that the recommendations are implemented in a way that deliver social, cultural and economic benefits without having adverse or unintended impacts.

the Rt HOn CLOVER MOORE AO

Lord Mayor of Sydney

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

It is resolved that:

(A)      Council welcome the NSW Productivity and Equality Commission report, Review of regulatory barriers impeding a vibrant 24-hour economy and commend the Minister for the Night-Time Economy, the Hon. John Graham MLC for commissioning this review;

(B)      Council note that the City of Sydney has implemented measures to make it easier for businesses to trade at night, improve safety at night and promote Sydney's nightlife consistent with many of the Report's recommendations and is currently working to enable our existing late-night trading areas to become Special Entertainment Precincts, unlocking additional benefits for nightlife businesses;

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

(i)         the Minister for the Night-Time Economy commending him for commissioning the Report and informing him that the City is willing to work with the NSW Government in implementing the Report’s recommendations in a way that delivers social and economic benefits without having adverse or unintended impacts;

(ii)        the Minister for Transport requesting him to implement the Report’s recommendations to improve frequency of and access to public transport at night, as well as trialling later public transport services especially on weekends and in high-activity areas;

(iii)      the Minister for Roads requesting her to consider lowering speed limits to 30km/h in late night precincts to support activation and improve safety; and

(iv)      the Minister for Planning and Public Spaces and the Minister for Gaming and Racing requesting them to proceed with implementing the Report’s recommendations relating to harmonising and integrating liquor licensing and development approval processes and offering the City of Sydney as a trial area for that to happen; and

(D)        the Chief Executive Officer be requested to:

(i)         review the Report’s recommendations and provide Council with advice on the implications for local government if the recommendations are adopted; and

(ii)        liaise with the NSW Productivity and Equality Commission, the Office of the 24 Hour Economy Commissioner and any other relevant NSW Government agencies requesting them to address any issues arising from this review.

Carried unanimously.

S051491

Minute by the Lord Mayor

To Council:

I wish to inform Council of the passing of community leader, Susan (Sue) Margaret Barker, on 27 August 2025.

Sue, a proud Wiradjuri woman, was born at the Women and Children's hospital at Camperdown on 25 November 1952. Her early life, being raised by a single mother along with her 6 siblings in the Yennora and Guildford areas, was tough. Yet these early struggles meant that she would go the extra mile for others.

She studied at Ultimo Tafe NSW and the University of Western Sydney, becoming a Youth and Social Worker advocating for women and children living with mental illness, young people in crisis, women escaping domestic violence and women adjusting to life after prison. She dedicated her adult life to building communities, supporting individuals who struggled to support themselves, and challenging the bureaucracy that stifled support for those that need it most.

Sue ran the Glebe Community Drug and Alcohol support groups out of Glebe Town Hall for many years, becoming a much-loved local identity. She led conferences on supporting women escaping domestic violence and supporting people struggling with drug and alcohol addictions and helped countless women and children to rebuild their lives, find community and be proud.

The Glebe community came to know “Auntie Sue” through Alcoholics Anonymous and Narcotics Anonymous meetings at Glebe Fire Station, on the streets of Glebe or through chats over her front yard fence.

Sue is survived by her children, Melissa, Natasha and Brett, 7 grandchildren and 17 great-grandchildren, all of whom she greatly impacted.

the Rt HOn CLOVER MOORE AO

Lord Mayor of Sydney

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

It is resolved that:

(A)      all persons attending this meeting of Council observe one minute's silence to commemorate the life of Susan (Sue) Margaret Barker and her significant contribution to the Glebe community, survivors of domestic violence and drug dependence, and Indigenous youth;

(B)      Council express its condolences to Sue's children, Melissa, Natasha and Brett, her 7 grandchildren and her 17 great grandchildren; and

(C)      the Lord Mayor be requested to write to the Barker family to convey Council's condolences.

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 Sue Barker.

Moved by Councillor Weldon, seconded by Councillor Worling –

It is resolved that:

(A)       Council note:

(i)         vaping addiction poses a significant health risk. It is associated with a range of serious health conditions, including lung damage, anxiety, and depression;

(ii)        the latest Australian health data indicates that while the prevalence of vaping has shown some signs of stabilising or declining in recent years, it remains a significant public health concern, particularly among young people;

(iii)       in 2024, the Federal Government banned the importation and sale of disposable vapes. Therapeutic vapes are now only legally available from pharmacies as a measure to help people quit smoking;

(iv)       in March 2024, the Lord Mayor wrote to the Premier asking the NSW Government to review how tobacconists and e-cigarettes can be better regulated. The NSW Minister for Health responded on the Premier’s behalf to note:

(a)        the Federal Government’s ban on disposable e-cigarettes and that refillable e-cigarettes would only be available with a prescription;

(b)        retailers must notify NSW Health if they intend to sell tobacco or e-cigarettes and that NSW Health inspectors proactively visit retailers to enforce compliance;

(c)        the NSW Government’s $6.8 million investment over the next 3 years to boost the enforcement of illegal vape sales and support for young people who have become addicted to vaping/nicotine; and

(d)        the NSW Government did not agree to any further action on signage, packaging and advertising;

(v)        in July 2025, the NSW Government introduced a new licensing scheme for selling smoking products without a license;

(vi)       in September 2025, the NSW Parliament passed new legislation to give the NSW Government powers to close retail stores that are found to sell illegal products such as internationally-packaged tobacco and disposable e-cigarettes. It also imposes heavy fines for the sale of smoking products without a license and illegal tobacco products. Imprisonment is introduced as a maximum penalty for selling smoking products from a closed premises, or for possessing a commercial quantity of illegal tobacco products;

(vii)      nonetheless, the illegal sales of vapes continues. As does the proliferation of tobacconists and other retailers selling these products in our local area;

(viii)    a NSW Government inquiry into the illegal tobacco trade is currently underway. The inquiry will review the adequacy of existing laws and enforcement, and investigate reported links between organised crime and tobacconists; and

(ix)       local governments don’t hold authority to regulate tobacconists or retailers of smoking related products and are generally unable to regulate the specific types of goods sold within a retail premise; and

(B)       the Lord Mayor be requested to write to the NSW Minister for Health, the NSW Minister for Police, the NSW Minister for Planning and the NSW Minister for Better Regulation expressing Council’s strong concerns about:

(i)         the continued illegal sale of vapes in the City of Sydney's retail precincts and the impact this has on the health of our community;

(ii)        the need for strong enforcement of the ban on the retail sale of vapes and the new licensing scheme for tobacconists and retailers of smoking related products; and

(iii)       the inability of current legislation to address the proliferation of premises selling smoking products and request the NSW Government further amend the tobacco licensing scheme to prohibit licenses close to sensitive uses such as schools, childcare centres, playgrounds and medical facilities, and cap the number of licenses in an area and/or establish a minimum distance between licensed sellers.

Carried unanimously.

X113759

 

Moved by Councillor Miller, seconded by Councillor Arkins –

It is resolved that:

(A)       Council note:

(i)         the Sustainable Sydney 2030-2050 Continuing the Vision strategy, specifically: Direction 7 - Resilient and diverse communities and Direction 8 - A thriving cultural life;

(ii)        the City of Sydney’s Cultural Strategy 2025-2035, which celebrates multiculturalism, the expression of identity, shared experiences, and aspirations of its diverse and multicultural communities;

(iii)       the NSW Government’s recent report by the NSW Productivity and Equality Commission, Review of regulatory barriers impeding a vibrant 24-hour economy, Final report, which highlights that the 24-hour economy contributes $56 billion (annually) and employs more than 300,000 people across NSW, and vibrancy reforms that seek to make nightlife inclusive and more welcoming for everyone;

(iv)       that on 6 September 2025, Sydney Hip Hop group OneFour, who have 2.5 million listeners each month on Spotify, gave their first headline performance at the City Recital Hall;

(v)        that over the past 10 years, significant police pressure has led to the cancellation of multiple shows making it difficult for the group to participate and contribute to Sydney’s 24-hour economy;

(vi)       that despite police pressure, there have been no major incidents involved with OneFour shows;

(vii)      in the history of performances at the City Recital Hall, there has never been a police and security presence consisting of:

(a)        more than 25 police officers;

(b)        Dog Squad;

(c)        Riot Squad; and

(d)        identification and body search of every patron; and

(viii)    over-policing at live music venues perpetuates negative perceptions of people and increases the risk of harm to patrons, and discourages young people from coming into the city to experience culture;

(B)       the Lord Mayor be requested to write to the City Recital Hall team and OneFour congratulating them on an incredibly professional and inclusive delivery of the performance;

(C)       the Lord Mayor be requested to write to the Minister for Police and Counter-terrorism, Yasmin Catley, asking her to explain both the rationale of the excessive policing of the OneFour show at the City Recital Hall and the associated cost to tax-payers; and

(D)       the Lord Mayor be requested to write to the Minister for Transport, the Arts, Music and Night-time Economy, John Graham, to request a consistent approach to vibrancy.

Carried unanimously.

X113761

 

Moved by Councillor Ellsmore, seconded by Councillor Thompson –

It is resolved that:

(A)       Council note:

(i)         the City of Sydney has the longest running affordable housing contributions scheme which has collected over $400 million in developer contributions;

(ii)        the City of Sydney has supported affordable housing through $31.6 million in discounted land sales, $13 million in grants and various planning agreements since 1995;

(iii)       this program has delivered 3,388 affordable homes, built or in the pipeline, and is on track to reach 5,338 new affordable homes, in perpetuity, by 2036; and

(iv)       affordable and diverse housing is delivered by community housing providers and other not for profit organisations including where genuine affordability is ensured via a commitment that rent be capped at 30% of household income; and

(B)       the Chief Executive Officer be requested to prepare a report on the outcomes from developer contributions, discounted land sales or transfers, grants and planning agreements, which includes:

(i)         where these homes have been delivered;

(ii)        which housing providers these homes have been delivered to;

(iii)       what level of rent is being charged in these homes;

(iv)       what types of housing has been delivered; and

(v)        clarity on which of these homes have been built using affordable housing grant schemes, including through cash grants, land transfers or discounted sales; and what homes have been delivered using contributions from the Affordable and Diverse Housing Fund.

Carried unanimously.

X113765

 

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

It is resolved that:

(A)        Council note:

(i)           the Local Government NSW Conference will be held in Penrith in November 2025;

(ii)         in February 2025, the City of Sydney Council unanimously supported a motion, which was endorsed and submitted to the Australian Local Government Association National General Assembly (ALGA NGA), calling on all Australian councils to fund and implement an Affordable Housing Contributions Scheme. The motion was narrowly defeated;

(iii)        the City of Sydney has been collecting Affordable Housing contributions since 1995, beginning in Ultimo and Pyrmont, then Green Square, and extended across the entire Local Government Area in 2021. Under the City’s program, most Development Applications require a contribution of 3% of residential floor area and 1% of non-residential or commercial floor area. The City was the first council to introduce an area-wide scheme and remains the only one to apply levies to both residential and commercial development;

(iv)        affordable housing outcomes are also secured through planning agreements, either through the delivery of housing or monetary contributions;

(v)         in December 2024, Council resolved to exhibit proposed changes to the scheme. These include: a standard 20% contribution for new residential floor space on rezoned sites (replacing the current 12 to 21% rate); a 2% contribution for new non-residential floor space in the city centre; retention of the existing 3% and 1% rates across the Local Government Area; and phased increases to monetary contributions over 4 years to reflect actual housing construction costs; and

(vi)        the City of Sydney, with the support of the Lord Mayor, Chief Executive Officer, Councillors and City staff, has been actively pursuing solutions to increase housing supply. The City has strongly advocated to both the NSW and Federal Governments to collaborate in delivering housing solutions; and

(B)        Council endorse the submission of the following motion to the 2025 Local Government NSW Annual Conference:

That Local Government NSW calls on the NSW Government to encourage and fund NSW councils to implement Affordable Housing Contributions Schemes to ensure councils can better contribute to tackling the national housing crisis.

Carried unanimously.

X113762

Moved by Councillor Gannon, seconded by Councillor Arkins – 

It is resolved that:

(A)      Council note:

(i)         for every McDonald’s in NSW there are 60 tobacconists;

(ii)        over the past few years our high streets have been transformed with the proliferation of tobacconists, which unashamedly sell illegal tobacco and e-cigarettes. There are 13 now operating in Kings Cross alone;

(iii)      data on the availability of illicit tobacco in Australia is limited. Industry estimates indicate that illicit tobacco consumption accounted for 28.6% of the total tobacco market in Australia in 2023, up from 11.8% in 2012;

(iv)      what we do know is that tobacco excise collection has collapsed to its lowest level in 14 years, blowing a $17.6 billion hole in the tax base (excluding GST revenue);

(v)       illegal cigarettes are as cheap as $12; the average cost of regulated tobacco is around $50;

(vi)      the Tobacco Legislation (Closure Orders) Amendment Bill 2025 was passed with unanimous support in the NSW Parliament, and includes stronger enforcement powers, increased penalties, and closure orders, including:

(a)       fines of up to $1.5 million, prison terms of up to 7 years, forced closures of businesses that sell elicit tobacco and/or ecigarettes; and

(a)       granting the Secretary of the Ministry of Health and the Local Court power to order the closure of premises that are involved in the sale of illicit tobacco and vapes; and

(B)      the Lord Mayor be requested to write to the NSW Premier to affirm the City’s support for this legislation and request a compliance blitz in the City of Sydney.

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

X113764

Moved by Councillor Thompson, seconded by Councillor Ellsmore -

It is resolved that Council note:

(A)       the Federal Government has introduced a worker retention grant program enabling employers of Early Childhood Education Workers, who are among the lowest-paid essential workers in our community, to deliver a 15% pay increase over two years, for which the City of Sydney is eligible;

(B)       on 23 June 2025, Council unanimously supported a notice of motion requesting the Chief Executive Officer investigate applying for the Federal grant to increase the pay of City of Sydney early childhood educators over the next two years, and report back to Council;

(C)       forty-four eligible councils have applied for this additional funding for their workforce. Seven other Councils including the City of Sydney are eligible; and

(D)       City of Sydney staff have recommended it not apply for this grant because:

(i)         City of Sydney wages for early childhood education and care (ECEC) workers are already well above the current Australian modern award, well above the increases proposed in the Early Childhood Education and Care worker retention payment and above the increases proposed to the Children's Services Award 2010 by the Fair Work Commission's Priority Awards Review, and have been for some years;

(ii)        City of Sydney employees also receive benefits not offered in all other ECEC services, including allowances, generous sick leave, care and culture leave, 26 weeks parental leave, superannuation paid for the entirety of parental leave, along with other leave entitlements, flexible rosters and workplace arrangements, a 36.25-hour full-time work week and training and development opportunities;

(iii)      the City of Sydney keeps childcare fee increases low, at or below CPI each year. This helps us continue to provide high quality free services and places for vulnerable families, for people seeking asylum and refugees, along with support for families and children with disability;

(iv)      while the grant would provide $1.13 million in the first 2 years, continuing the 15% pay rise over the remaining 8 years of the Long Term Financial Plan (LTFP) will add $10.74 million to operating expenses in the budget; and 

(v)       this has not been budgeted. The City cannot afford these additional expenses without raising early childhood education and care fees by 76.5% from 1 July 2027. For example, for families using Eveleigh Early Learning Centre, this is an increase of $96 per day or $480 per week. Such fee increases would be an unacceptable burden on families.

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

X113760

Moved by Councillor Arkins, seconded by Councillor Miller –

It is resolved that:

(A)      Council note:

(i)         the importance of Sydney’s night-time economy to our cultural life, creative industries, and economic growth;

(ii)        the City’s ongoing support for the NSW Government’s Vibrancy Agenda seeks to support live music, cultural activity, and late-night trading across the state;

(iii)      the introduction of Special Entertainment Precincts will provide a new framework to encourage and protect live performance venues and precinct-based cultural activity;

(iv)      the City of Sydney has been a leader in developing and implementing policies that support a safe, diverse and thriving night-time economy, including initiatives such as the Oxford Street Creative and Cultural Precinct, YCK Laneways, and the Hollywood Quarter; and

(v)       the rollout of Special Entertainment Precincts across the City will recognise their potential to protect and grow live music and cultural activity; and

(B)      Council endorse the submission of the following motion to the 2025 Local Government NSW Annual Conference:

That Local Government NSW advocate to better support the night-time economy, the NSW Government’s Vibrancy Agenda, and the rollout of Special Entertainment Precincts. LGNSW will advocate for the NSW Government and councils to work in partnership to deliver stronger night-time economies and creative industries across NSW, including ensuring appropriate resources are provided to councils, with specialised resources for rural councils.

Carried unanimously.

X113758

Moved by Councillor Ellsmore, seconded by Councillor Thompson –

It is resolved that:

(A)      Council note:

(i)         the passing of Dr Hannah Middleton on 12 June 2025, a lifelong community activist and communist, who made a significant contribution to nuclear disarmament and anti-war campaigns both in Australia and internationally, to the Glebe community, and to the protection of public housing. Hannah was the beloved wife of Denis Doherty, a fellow staunch community activist and communist;

(ii)        Hannah was born in Preston, England on 25 October 1942, and grew up in the surroundings of London amidst the aftermath of World War II;

(iii)      she first became involved in anti-war campaigning at the age of 8 or 9, where she collected signatures for the Stockholm Peace appeal alongside her mother. At age 16, she was arrested for participating in the ‘Committee of 100’ civil disobedience campaigns;

(iv)      in 1964, Hannah graduated from the School of Oriental and African Studies at the University of London with a Bachelor of Arts and Honours in African Studies. From 1968 she studied as a postgraduate in social anthropology at the Humboldt University, Berlin (then part of the German Democratic Republic (GDR)), while working as a lecturer in English language;

(v)       in 1970, Hannah moved to Australia and lived alongside the Gurindji people of the Northern Territory to conduct fieldwork for her doctoral thesis on Aboriginal land rights. She permanently emigrated to Australia in 1974. In 1977 she published a seminal book on land rights called “And now we want our land back: A history of Australian Aboriginal People”; 

(vi)      Hannah was a lecturer in anthropology at the University of New South Wales until 1980. She left to work full time for the Communist Party of Australia (then called the Socialist Party of Australia). She was the editor of the party’s newspaper the Guardian, the first woman President of the party, and the first woman General Secretary of the party;

(vii)     in 1986, Hannah became a founding member of the Australian Anti-Bases Campaign Coalition (AABCC) and was its national spokesperson from 1988. The AABCC is a national coalition of Australian organisations that campaigns against foreign military installations on Australian soil;

(viii)    Hannah was involved in many other anti-militarism and Indigenous rights campaigns and organisations throughout her life, including but not limited to:

(a)       Hannah was a founding member and full-time worker for the Bring the Frigates Home Coalition in 1991, a campaign against the Gulf War and US sanctions on, and against the invasion in Iraq;

(b)       Hannah was the Convenor of the ‘Blue Paper Project’ - an initiative that represents over 60 peace, environmental, religious, trade union and women’s groups from across Australia which works to inform and stimulate community discussion about national security and foreign policy;

(c)       Hannah campaigned against the Australia International Defence Exhibition (AIDEX). She was arrested in 1991, when up to 2,000 protesters blockaded the National Exhibition Centre in Canberra with the goal of shutting down the AIDEX, and then also at a protest in Adelaide;

(d)       Hannah was again arrested in 1996 for occupying Prime Minister Keating’s office in support of East Timorese independence; 

(e)       Hannah was active in the formation of the International Network against Foreign Military Bases and in 2007 organised for activists from Hawaii to come to Australia for the Talisman Sabre war games protests; and

(f)            in 2008 Hannah and Denis were awarded the Quakers’ Donald Groom Fellowship for her submission to bring 2 indigenous Chamoru from Guam to Australia for a speaking tour;

(ix)      Hannah was the Executive Officer of the University of Sydney’s ‘Sydney Peace Foundation’ from 2006 to 2012. In 2006, Hannah and Denis received the inaugural community peace award from the foundation;

(x)       Hannah lived in Glebe with Denis, first moving to the suburb in 1974. She was a founding member of both Hands off Glebe and Action for Public Housing. With Denis, Hannah coordinated the Glebe Grapevine, a free community newsletter which updates residents on important news especially around the protection of public housing;

(xi)      Hannah played a key role in the campaign to save the Glebe Youth Service in 2013-2014. One of the actions she coordinated was a daily stall outside the centre, where people could sign protest Christmas postcards to the former Minister Pru Goward. Hannah diligently sent off bundles of signed cards in the post every day, and by February 2014 the community had won a commitment the service would be reopened; 

(xii)     Hannah worked tirelessly to protect public housing, including the successful campaign to save the Franklyn Street Estate from redevelopment, stopping the sell off of local public housing terraces, and for improved maintenance and rights for tenants; and

(xiii)    in 2022 Hannah was awarded Balmain ‘Woman of the Year’;

(B)      the Lord Mayor be requested to write to Hannah’s family expressing Council’s condolences; and

(C)      all persons attending this meeting of Council observe one minute’s silence to commemorate Hannah’s life.

Carried unanimously.

X113765

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

Memorandum by the Chief Executive Officer

To Council:

This memorandum requests that Council approve the draft schedules of meetings for 2026, 2027 and 2028.

The draft schedules of meetings for 2026 (Attachment A), 2027 (Attachment B) and 2028 (Attachment C) have been prepared based on a 2-week meeting cycle (Council Committees and Council). The draft schedules propose 10-meeting cycles for 2026, 2027 and 2028.

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

To ensure compliance with the provisions of section 365, the draft schedules of meetings provide for:

(a)       5 meetings in the first half of 2026, 2027 and 2028 (to enable a total of 10 meetings for each financial year); and

(b)       5 meetings of Council held in the second half of 2026, 2027 and 2028 (to enable a total of 10 meetings for each financial year and on the basis that a further 5 meetings of Council will be scheduled for the first half of 2029).

It is noted that:

(a)       in drafting the schedule, the Local Government Election scheduled for 9 September 2028 has been taken into account (with an extraordinary meeting of Council to take place following the election); and

(b)       the Annual Conference of Local Government NSW is generally held in late November each year.

It is appropriate for Council to now determine a program of meetings for 2026, 2027 and 2028 to enable all interested parties to plan their commitments (to the end of the current Council term).

It is proposed that authority be delegated to the Lord Mayor to determine any required changes to the schedule (such as an adjustment of dates to accommodate the Local Government NSW annual conference), with Councillors to be notified as soon as practicable and the City's website updated accordingly.

The City's website will be updated with the 2026, 2027 and 2028 meeting dates if endorsed by Council.

Councillor workshops and information sessions, intended to accommodate such matters as strategy development, external presentations, professional development and other non-meeting agenda items, will be scheduled and separately distributed to Councillors.

MONICA BARONE PSM

Chief Executive Officer

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

It is resolved that Council:

(A)      adopt the draft schedules of meetings for 2026, 2027 and 2028 as shown at Attachments A, B and C to the subject memorandum; and

(B)      authority be delegated to the Lord Mayor to determine any required changes to the schedules, with Councillors to be notified as soon as practicable and the City’s website updated accordngly.

Carried unanimously.

S063444-02

It is resolved that the Investment Report as at 31 August 2025 be received and noted.

Carried unanimously.

X020701

It is resolved that:

(A)        Council approve the cash recommendations for the Aboriginal and/or Torres Strait Islander Collaboration Fund program as shown at Attachment A to the subject report;

(B)        Council note the applicants who were not recommended in obtaining a cash grant for the Aboriginal and/or Torres Strait Islander Collaboration Fund program as shown at Attachment B to the subject report;

(C)        Council approve an Ad Hoc cash grant of up to $100,000 to Wyanga Aboriginal Aged Care Program Inc (ABN 98 732 869 630) to contribute to the repair the roof of its facility at 35 Cope Street, Redfern, with funding to be sourced from the 2025/26 General Contingency Fund;

(D)        the Lord Mayor be requested to write to the Commonwealth Ministers for Aged Care and Seniors, Housing and Indigenous Australians and the NSW Government Ministers for Aboriginal Affairs and Treaty, Families and Communities, Housing and Seniors seeking financial contributions from their governments towards repairing the roof of the Wyanga Aboriginal Aged Care Program Inc facility;

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

(F)        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

(G)       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

 

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

It is resolved that:

(A)       the Central Sydney Planning Committee approve Planning Proposal - 150 Day Street, Sydney, as shown at Attachment A to the subject report, to be submitted to the Minister for Planning and Public Spaces with a request for gateway determination;

(B)       the Central Sydney Planning Committee approve Planning Proposal - 150 Day Street, Sydney, as 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 15 September 2025, that Council seek authority from the Minister for Planning and Public Spaces 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 Planning Proposal - 150 Day Street, Sydney;

(D)       the Central Sydney Planning Committee note the recommendation to Council's Transport, Heritage and Planning Committee on 15 September 2025, that Council approve the Draft Sydney Development Control Plan 2012 - 150 Day Street, Sydney, as shown at Attachment B to the subject report, for public authority consultation and public exhibition concurrent with the Planning Proposal;

(E)       authority be delegated to the Chief Executive Officer to make any variations to Planning Proposal - 150 Day Street, Sydney, to correct any drafting errors or to ensure consistency with the gateway determination;

(F)       authority be delegated to the Chief Executive Officer to make any variations to Draft Sydney Development Control Plan 2012 - 150 Day Street, Sydney, to correct any drafting errors or ensure it is consistent with the Planning Proposal following the gateway determination; and

(G)      the Central Sydney Planning Committee note the Chief Executive Officer will prepare a draft planning agreement in accordance with the letter of offer dated 3 September 2025 at Attachment C to the subject report, and the requirements of the Environmental Planning and Assessment Act 1979, to be exhibited in accordance with the Act.

Carried unanimously.

X090796

 

 

 

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

It is resolved that:

(A)      the Central Sydney Planning Committee approve the Planning Proposal - Oxford Street LGBTIQA+ Heritage Items Stage 2, shown at Attachment A to the subject report, for submission to the Department of Planning, Housing and Infrastructure with a request for a gateway determination;

(B)      the Central Sydney Planning Committee approve the Planning Proposal - Oxford Street LGBTIQA+ Heritage Items Stage 2 as 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 15 September 2025, 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 - Oxford Street LGBTIQA+ Heritage Items Stage 2; and

(D)      authority be delegated to the Chief Executive Officer to make any minor variations to the Planning Proposal - Oxford Street LGBTIQA+ Heritage Items Stage 2, to correct any drafting errors or to ensure consistency with the gateway determination.

Carried unanimously.

X091578

 

 

Memorandum by the Chief Executive Officer

To Council:

Sections 231(1) and (2) of the Local Government Act 1993 (the Act) provide:

(1)     the councillors may elect a person from among their number to be the deputy mayor; and

(2)     the person may be elected for the mayoral term or a shorter term.

At the extraordinary Council meeting of 10 October 2024, Councillor Zann Maxwell was elected Deputy Lord Mayor in accordance with the provisions of section 231 of the Local Government Act 1993 for a term commencing immediately and ending on 30 September 2025.

Payment of Fees

Section 249(5) of the Act provides:

(5)     a council may pay the deputy mayor (if there is one) a fee determined by the council for such time as the deputy mayor acts in the office of the mayor. The amount of the fee so paid must be deducted from the mayor’s annual fee.

On 5 June 2000, Council resolved to:

“Pay Councillors the maximum of the range (as determined annually by the Local Government Remuneration Tribunal) as a matter of standing policy.

Pay the Lord Mayor the maximum of the range (in addition to the fee as a Councillor) - as a matter of standing policy (less the Deputy Lord Mayor’s fee).

Pay the Deputy Lord Mayor, in addition to the fee as a Councillor, an amount equal to 10 per cent of the mayoral fee actually paid to the Lord Mayor as a matter of standing policy.”

Call for Nominations

Nominations for the office of Deputy Lord Mayor are now invited. Nominations must be made in writing by 2 or more Councillors (one of whom may be the nominee). Nomination forms will be provided to Councillors.

Conduct of Election

Schedule 7 of the Local Government (General) Regulation 2021 provides the method of conducting an election for Deputy Lord Mayor (further details on election procedures will be provided to Councillors). The last time the Deputy Lord Mayor’s position was contested the method of voting selected by the Council was open, exhaustive voting.

MONICA BARONE PSM

Chief Executive Officer

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

It is resolved that:

(A)      Council elect a Deputy Lord Mayor for a term commencing immediately following the election and ending on 30 September 2026;

(B)      the method of voting be by open, exhaustive voting; and

(C)      the Chief Executive Officer conduct the election forthwith.

Carried unanimously.

S062388

At this stage of the meeting, the Chief Executive Officer, as Returning Officer, called upon the Manager OCEO to assist with the conduct of the ballot.

The Manager OCEO announced that one duly completed, written nomination had been received, namely –

Councillor Jess Miller (nominated by Councillor Worling, seconded by Councillor Maxwell).

Councillor Miller indicated acceptance of her nomination.

There were no other nominations.

The Manager OCEO then declared Councillor Jess Miller duly elected to the office of Deputy Lord Mayor in accordance with the provisions of section 231 of the Local Government Act 1993 for a term commencing immediately and ending on 30 September 2026.

Note - the Chair (the Lord Mayor) congratulated Councillor Miller on her election as Deputy Lord Mayor and Councillor Maxwell on his term as Deputy Lord Mayor.

Memorandum by the Chief Executive Officer

To Council:

On 24 June 2024, Council approved grant funding as part of the Community Services Grant Program.

This grant program supports projects and programs that help increase social cohesion and inclusion, develop healthy and resilient communities, and support participation in civic life.

City staff have been made aware of the need to amend one of the grants that was approved to account for a requested change of recipient. The grant in question is a total of $150,000 in cash and $71,759 in Value in Kind (venue hire and street banner pole hire) over 3 years (2024 - 2026) awarded to the University of Sydney (ABN 15 211 513 464) to support the annual Sydney Peace Prize ceremony and lecture to be held in Sydney Town Hall.

On 11 August 2025, the City was advised that Sydney Peace FDN Ltd has become an independent public company and, therefore, has requested a change of grant recipient from the University of Sydney (ABN 15 211 513 464) to Sydney Peace FDN Ltd (ABN 43 687 466 075).

Sydney Peace FDN Ltd is an Australian Public Company, Limited By Guarantee and is registered with the Australian Charities and Not-for-profits Commission (ACNC). As an Eligible Not For Profit Organisation, Sydney Peace FDN Ltd remains eligible to receive funding through the Major Grants category and City of Sydney staff are satisfied that providing the funds to this entity is required to ensure delivery of the project.

The project, grant funding amount, and criteria for funding remain the same.

In accordance with the resolution of Council of 24 June 2024 that approved this grant funding, Council is required to approve any change to the identity of a grant recipient.

MONICA BARONE PSM

Chief Executive Officer

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

It is resolved that Council approve the change of grant recipient for the Sydney Peace Prize project as part of the Community Services Grant Program, from the University of Sydney (ABN 15 211 513 464) to Sydney Peace FDN Ltd (ABN 43 687 466 075).

Carried unanimously.

S117676

It is resolved that:

(A)      Council approve a cash grant to the Property Industry Foundation for $140,000 over 2 years ($70,000 per annum) to support their meanwhile use housing project; and

(B)      authority be delegated to the Chief Executive Officer to:

(i)         finalise negotiations, execute and administer the grant agreement with the Property Industry Foundation in accordance with clause (A); and

(ii)        otherwise make decisions and administer the other conditions relating to this grant.

Carried unanimously.

X105028.024

It is resolved that:

(A)      Council approve the Planning Proposal - Oxford Street LGBTIQA+ Heritage Items Stage 2, shown at Attachment A to the subject report, for submission to the Department of Planning, Housing and Infrastructure with a request for a gateway determination;

(B)      Council approve the Planning Proposal - Oxford Street LGBTIQA+ Heritage Items Stage 2 as 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, 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 - Oxford Street LGBTIQA+ Heritage Items Stage 2; and

(D)      authority be delegated to the Chief Executive Officer to make any minor variations to the Planning Proposal - Oxford Street LGBTIQA+ Heritage Items Stage 2, to correct any drafting errors or to ensure consistency with the gateway determination.

Carried unanimously.

X091578

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 F to 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 47-61 Pyrmont Bridge Road, Camperdown;

(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 120-122 Saunders Street, Pyrmont;

(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 107-109 Darlinghurst Road, Potts Point;

(F)      note the contents of Attachment E and exercise its power under the Environmental Planning and Assessment Act 1979 to issue a Fire Safety Order at 9-15 Macarthur Street, Ultimo; and

(G)      note the contents of Attachment F and exercise its power under the Environmental Planning and Assessment Act 1979 to issue a Fire Safety Order at 180 Pitt Street, Waterloo.

Carried unanimously.

S105001.002

It is resolved that Council:

(A)      endorse the classification of 895-901 Bourke Street, Waterloo (being proposed Lot 103 in the Plan of Subdivision of Lot 1 in DP 1304819), which is to be transferred to Council for future public purposes, as operational land in accordance with section 31 of the Local Government Act 1993 (NSW); and

(B)      note that the operational classification is an interim measure to support operational management until the land can be re-classified as community land and included within the Generic Plan of Management.

Carried unanimously.

X106765.006

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

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

Carried unanimously.

S042755-02

 

It is resolved that:

(A)      Council approve current and future hoarding renewal applications for the following sites where the total period of installation is 5 years or more:

(i)         Type-A hoarding (site fence) located at 136 Hay Street, Haymarket (Ref. B/2020/303);

(ii)        Type-A hoarding (site fence) located at 1 Stirling Circuit, Camperdown (Ref. B/2019/310);

(iii)      Type-B hoarding (overhead protection) located at 229-231 Macquarie Street, Sydney (Ref. B/2020/97);

(iv)      Type-B hoarding (overhead protection) located at 55 Pitt Street Sydney (Ref. B/2021/367 and B/2021/368);

(v)       Type-B hoarding (overhead protection) located at 88-90 Parramatta Road, Camperdown (Ref. B/2021/129);

(vi)      Type-B hoarding (overhead protection) located at 8-10 Marlborough Street, Surry Hills (Ref. 2021/140); and

(vii)     Type-B hoarding (overhead protection) located at 28 Broadway, Chippendale (Ref. B/2024/145); and

(B)      authority be delegated to the Chief Executive Officer to vary any approvals listed in (A) above with any further extensions to be reported by way of CEO Update.

Carried unanimously.

X123920

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/2025/184, following the drafting and conclusion of the public exhibition of the Voluntary Planning Agreement generally in accordance with the public benefit offer dated 8 September 2025 and considering any public submissions received in response; and

(B)       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 deferred commencement consent to Development Application No. D/2025/184 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):

(2)     FLOOR SPACE RATIO - ALL OTHER AREAS

The following applies to Floor Space Ratio:

(a)     The Floor Space Ratio for the retail use must not exceed 0.015:1, for the residential use must not exceed 2.14 3:1; and for the mixed-use must not exceed 2.15:1 calculated in accordance with the Sydney LEP 2012. For the purposes of the calculation of FSR, the Gross Floor Area of the retail component is 81sqm, for the residential component is 11,445sqm, and the total Gross Floor Area is 11,526sqm.

(b)     Prior to an Occupation Certificate being issued, a Registered Surveyor must provide certification of the total and component Gross Floor Areas (by use) in the development, utilising the definition under Sydney LEP 2012, applicable at the time of development consent, to the satisfaction of the Principal Certifier.

Reason

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

(3)   BUILDING HEIGHT

(a)     The height of the building (for building A and B) must not exceed 28.83m, being RL 52.350 (AHD) for the lift overrun and to the top of the building and RL 50.70 51.00 (AHD) to the parapet of the building and RL 52.10 (AHD) to top of plant screening.

(b)     Prior to an Occupation Certificate being issued, a Registered Surveyor must provide certification that the height of the building accords with (a) above, to the satisfaction of the Principal Certifier.

Reason

To ensure the constructed development complies with the approved height.

(6)   DESIGN MODIFICATIONS

(a)        The entrance to the lobby in building B is to be redesigned to create a high-quality entry experience:

(i)          Increased landscaping and physical separation from the vehicle driveway provided.

(ii)         Increased landscape presentation to Dalmeny Avenue.

(iii)       Relocation of the hydrant booster southward and integration into the built fabric of the building. This must be accurately depicted/co-ordinated in plan and elevation. The fence line of B.G.03 may need to relocate further south to accommodate this.

(b)        Remove drafting errors to show correct floor levels as per the updated flood report version C, August 2025.

(c)        The plans are to be amended to provide a target of 50% external solar shading (by area) to address summer solar heat gain through:

(i)          external solar shading to the exposed glazing of the northern elevations of levels 1, 2 & 3 of both the Rosebery and Dalmeny Avenue buildings (50% effective at 12 midday in summer).

(ii)         external solar shading to the exposed glazing of the western elevation of the Rosebery Avenue and Dalmeny Avenue buildings (50% effective at 3pm in summer). External shading is permitted to intrude in the 3m setback line from Rosebery Avenue for the upper levels. Ground levels to both buildings are excluded from this requirement.

(d)        Additional privacy elements are to be incorporated into the private balcony balustrades for the first two levels, to provide adequate privacy to private open space from the public domain. This could be addressed via colour matched solid metal upstands being added behind the metal palisade balcony treatments up to a height of 760mm, angled vertical louvres or via another alternative design option.

(e)        Amend the balcony glazing extents / skylights in roof of apartments A.7.03 and A.7.05 to demonstrate a minimum of 2 hours winter solar access achieved to both living areas and private open space. The solar skylight analysis plan should be updated to adequately address this.

(f)         Studio Apartment B.G.04 is to be removed, with internal area reallocated to waste storage/loading, removal of all apartment glazing, and removal of external terrace and associated privacy screening which is to be replaced by landscaping.

The modifications are to be submitted to and approved by Council’s Executive Director City Planning Development & Transport prior to the issue of a Construction Certificate.

Reason

To require amendments to the approved plans and supporting documentation following assessment of the development.

(52)        ALLOCATION OF PARKING

The number of car parking spaces to be provided for the development must comply with the table below (except where modified as a result of Condition 5 above). Details confirming the parking numbers must be submitted to the satisfaction of the Registered Certifier prior to the issue of a Construction Certificate.

Car Parking Type	Number
Residential spaces	62
Accessible residential spaces	20
Residential visitor spaces	11
Car share parking	1
Motorcycle parking	9
Service vehicle spaces	1
10.6m waste vehicle loading dock	1

 

Reason

To ensure the allocation of parking is in accordance with the Council’s DCP.

(56)     PHOTOGRAPHIC ARCHIVAL DOCUMENTATION (MINOR WORKS)

Prior to a Construction Certificate being issued, an archival photographic recording of the early 1960s building on site fronting Rosebery Avenue is to be prepared to Council's satisfaction. The recording is to be in digital form and prepared in accordance with the NSW Heritage Division guidelines titled "Photographic Recording of Heritage Items using Film or Digital Capture". One copy of the record is to be submitted to Council to be lodged with Council's Archives.

The form of the recording is to be as follows:

(a)     The Development Application number must be noted on the submitted information.

(b)     Include a summary report detailing the project description, date and authorship of the photographic record, method of documentation and limitations of the photographic record.

(c)     Include written confirmation, issued with the authority of both the applicant and the photographer that the City of Sydney is granted a perpetual non-exclusive licence to make use of the copyright in all images supplied, including the right to make copies available to third parties as though they were Council images. The signatures of both the applicant and the photographer must be included.

(d)     The report is to be submitted on a USB or digital file transfer in PDF/A format, (created directly from the digital original), with the digital catalogue of images containing the following data for each location, image subject/description and date.

(e)     The electronic images are to be taken with a minimum 8 megapixel camera, saved as JPEG TIFF or PDF files with a size of approximately 4-6MB, and cross referenced to the digital catalogue sheets and base plans. Choose only images that are necessary to document the process and avoid duplicate images.

Reason

To ensure appropriate archival documentation of the building.

(59)     SITE AUDIT STATEMENT

Prior to the issue of a construction occupation certificate associated with the built form of the development (excluding building work directly related to remediation), a Section A Site Audit Statement must be obtained from a NSW Environment Protection Authority accredited Site Auditor and submitted to the Council's Area Planning Manager at email address:

Upon completion of the remediation works and prior to the issue of an Occupation Certificate, a Site Audit Report and a Site Audit Statement, prepared in accordance with the NSW Contaminated Land Management – Guidelines for the NSW Site Auditor Scheme 2017, which demonstrates the site is suitable for its approved land use, must be submitted to the Certifier. 

A copy of the Site Audit Report and a Site Audit Statement must also be submitted to Council’s Area Planning Manager for written approval prior to issue of an Occupation Certificate at the following address:

hbapplications@cityofsydney.nsw.gov.au

The Site Audit Statement must confirm that the site has been remediated in accordance with the approved Remedial Action Plan and clearly state that site is suitable for the proposed use.

(a)     In circumstances where the Site Audit Statement is subject to conditions that require ongoing review by the Auditor or Council, these must be reviewed and must be approved by the Council's Health and Building Unit in writing through the Area Planning Manager before the Site Audit Statement is issued.

(b)     In circumstances where the Site Audit Statement conditions (if applicable) are not consistent with the consent, the development must not proceed until the inconsistency has been resolved to the satisfaction of Council (such as via a S4.55 modification of the consent pursuant to the provisions of the Environmental Planning & Assessment Act 1979).

(c)     No Occupation Certificate is to be issued by the Principal Certifier unless a Site Audit Statement has been submitted to and approved by Council in accordance with this condition.

Reason

To ensure that the site is appropriately remediated.

(60)     LANDSCAPE OF THE SITE

(a)     A detailed landscape design including plans and details drawn to scale, and technical specification, by a registered landscape architect, must be submitted to and approved by Area Planning Manager prior to the issue of a Construction Certificate. These documents must include:

(i)          Location of existing and proposed planting on the site including existing and proposed trees, planting in natural ground, and planting on structure.

(ii)         Provide a 1m high and 500mm wide perimeter planter on the north and western edges of apartment B.G.04 private terrace to form a planter privacy screen.

(iii)       Location and details of existing and proposed structures on the site including, but not limited to, paving, walls, services, furniture, shade structures, lighting and other features.

(iv)       Details of earthworks and soil depths including finished levels and any mounding. The minimum soil depths for planting on structure must be 1000mm for trees, 450mm for shrubs and 200mm for groundcovers, excluding mulch and drainage layers.

(v)        (Planting details, and location, numbers, type and supply size of plant species, with reference to Australian Standards and preference for drought resistant species that contribute to habitat creation and biodiversity.

(vi)       Details of drainage, waterproofing and watering systems.

(vii)      Landscape maintenance plan. This plan is to be complied with during occupation of the property.

(b)     All landscaping in the approved plan is to be complete prior to any Occupation Certificate being issued.

Reason

To ensure the development is supported by a good quality, buildable landscape scheme that meets the City’s controls.

(61)     ACCESSIBLE GREEN ROOFS

This condition applies to the communal terrace of level 1.

(a)     A detailed green roof design including plans and details drawn to scale, and technical specification, by a registered landscape architect, must be submitted to and approved by Council’s Area Planning Manager prior to the issue of a Construction Certificate. These documents must include:

(i)      A statement that includes details of proposed use of the green roof, accessibility, and any noise and privacy treatments.

(ii)      Location and details of existing and proposed services, walls, balustrades, hard surfaces, furniture, screens and shade structures, fixings and other structural elements that may interrupt waterproofing, including cross-sectional details of all components.

(iii)     Engineers report confirming structural capacity of building for proposed roof terrace loads.

(iv)     Wind study (if applicable) confirming suitability of the roof for intended use.

(v)     Details of soil types and depth including any mounding. The minimum soil depths for planting on structure must be 1000mm for trees, 450mm for shrubs and 200mm for groundcovers, excluding mulch and drainage layers.

(vi)     Planting details, and location, numbers, type and supply size of plant species, with reference to Australian Standards and preference for drought resistant species that contribute to habitat creation and biodiversity.

(vii)    Details of drainage and irrigation systems, including overflow provisions and water retention cells in the drainage layer.

(viii)   Green roof maintenance plan. This plan is to be complied with during occupation of the property and must include any relevant maintenance methodology for safe working at height such as access requirements, location of any anchor points, gates, and transport of materials and green waste.

(b)     Prior to the issue of an Occupation Certificate, structural and waterproofing certifications for the green roof are to be submitted to and approved by the Principal Certifying Authority.

(c)     All landscaping in the approved plan must be complete prior to the issue of an Occupation Certificate.

Reason

To ensure that the accessible green roof is designed to accommodate suitable landscaping and to ensure that adequate maintenance procedures are put in place.

(63)     LANDSCAPE PLAN - TREES

(a)        The Landscape Plan prepared by Arcadia dated 11.02.2025 18.07.2025 is not approved. A detailed landscape plan, drawn to scale, by a qualified landscape architect or landscape designer, must be submitted to and approved by Council’s Area Planning Manager prior to the issue of a Construction Certificate. The plan must include:

(i)          Replacement species for a Ceratopetalum gimmifera (NSW Christas Bush) in areas of deep soil with a species minimum mature height of 10m.

(ii)         Setback new plantings of medium and large tree species by a minimum of 2m from the basement wall.

(iii)       Demonstrate soil volumes and depths for the on-structure tree planting are in accordance with Volume 2 of the Sydney Landscape Code.

(iv)       Location of existing and proposed structures on the site including, but not limited to, existing and proposed trees, paved areas, planted areas on slab, planted areas in natural ground, lighting and other features.

(v)        Details of earthworks and soil depths including mounding and retaining walls and planter boxes (if applicable). The minimum soil depths (excluding drainage and mulch) for planting structure must be 1000mm for trees, 450mm for shrubs and 200mm for groundcovers. Soil volume and types must meet the applicable requirement of the City of Sydney Landscape Code Volumes 1 and 2.

(vi)       Location, numbers, type and supply of plant species, with reference to Australian Standard 2303 ‘Tree stock for landscape use’ and meet the requirements of this standard at the time of planting;

(vii)      The design must provide a minimum 15% canopy cover across the site. This must be provided by 30% of the species having a mature height of 6-8 metres, 30% mature heights of 10-15 metres and 40% mature heights of 20-30 metres;.

(viii)     Tree selection shall include a diverse range of species selected from the City of Sydney Tree Species List.

(ix)       New tree(s) must be planted in natural ground with adequate soil volumes to allow maturity to be achieved. Planter boxes will not be accepted for tree planting.

(x)        New tree(s) must be appropriately located away from existing buildings and structures to allow maturity to be achieved without restriction.

(xi)       Details of planting procedure and maintenance.

(xii)      Details of drainage, waterproofing and watering systems.

(b)        Prior to the issue of a Construction Certificate, a tree maintenance plan is to be submitted to and approved by the Council’s Area Planning Manager.

(c)        All landscaping in the approved plan is to be completed prior to an Occupation Certificate being issued.

Reason

To ensure sufficient canopy cover is provided and healthy trees are established on the site.

(64)     SPECIAL CONDITION- UPDATING OF RAP AND ARBORIST’S REPORT

The RAP and Arborist’s Report must be updated and submitted to the City of Sydney Tree Team for approval prior to the release of the Construction Certificate. The RAP and Arborist’s Report must ensure trees to be retained are not adversely impacted by the proposed works:

(a)        Update RAP to include tree sensitive methods within the Tree Protection Zones of Trees 5 and 7

(b)        Update Arborist’s Report to include method statement and arboriculture inspections for the remediation works within the Tree Protection Zones of Trees 5 and 7

(c)        Update Arborist Report to include a Pruning Specification for any street trees which will need to be pruned for clearance clearance/access, noting only minor pruning works will be approved

(a)        The wording in Part 9.2.8 of the Arboricultural Impact Assessment (AIA) must be amended as follows:

During excavations within the SRZ, the Project Arborist must notify and consult with Council’s Urban Forest Team prior to undertaking any proposed root pruning. Root pruning of any root greater than 40mm in diameter must not proceed without prior assessment and written approval from Council’s Tree Management Officer. If the Urban Forest Team determines that the proposed root pruning will significantly impact the tree’s condition, the root must be retained and excavations avoided. Where excavation cannot proceed, the contaminated soil must instead be capped at the existing soil grade above the roots.

Reason

To ensure the tree retention is adequately undertaken and managed.

(71)     FLOOD PLANNING LEVELS

The development must be constructed to comply with the recommended flood planning levels indicated in Table 1 of the report titled Flood Impact Assessment prepared by BG&E consultants, revision C, dated Feb August 2025.

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.

(114)  CONSTRUCTED FLOOR LEVELS

A certification report prepared by a suitably qualified practitioner engineer (NPER) must be submitted to the Principal Certifier prior to issue of any Occupation certificate stating that the development has been constructed and the required levels achieved in accordance with the recommendations of the report titled Flood Impact Assessment prepared by BG&E consultants, revision C, dated Feb August 2025.

Reason

To ensure the development achieves the required floor levels.

Reasons for Decision

The application was recommended for approval for the following reasons:

(A)       The proposal provides well located housing that satisfies the objectives of the Environmental Planning and Assessment Act 1979 in that, subject to the recommended conditions of consent, 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 development is permissible with consent in the MU1 mixed-use zone and is consistent with the objectives of the zone.

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

(D)       The proposed development is consistent with the draft Voluntary Planning Agreement between The Council of the City of Sydney and Rosebery Properties Pty Ltd c/o Corio Projects Pty Ltd.

(E)       The proposed development is consistent with the design intent of the selected scheme of the competitive design alternatives process for the site, held in accordance with the City of Sydney Competitive Design Policy.

(F)        The proposed development is consistent with the aims and objectives of 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 in this report to be acceptable in the circumstances or are resolved by the recommended conditions of consent.

(G)      The proposed development provides a positive contribution that is suitable in terms of its context, scale and building form which is consistent with the desired future character of the area. The proposed development exhibits design excellence in accordance with the relevant provisions and matters for consideration in Clause 6.21C of the Sydney Local Environmental Plan 2012.

(H)       The proposed development has a form, bulk and massing that is suitable for the site and its context and is appropriate in the setting of the Green Square Epsom Park locality.

(I)         Condition 2 was amended to reflect the correct FSR as clarified by the applicant.

(J)        Condition 3 was amended to reflect the parapet RL as clarified by the applicant.

(K)       Condition 6(b) was deleted as it was clarified that the correct floor levels were updated on the plans.

(L)        Condition 6(d) was amended to provide a design solution and to relate to the first two levels of the building which are most impacted.

(M)      Condition 52 was amended to allow an exception as modified by Condition 5.

(N)       Condition 56 was deleted as there are no heritage significant buildings on site.

(O)      Condition 59 was amended as the basement slab must be built as part of the remediation strategy for the site.

(P)       Condition 60(a)(ii) was deleted to align with Design Modification Condition 6(f).

(Q)      Condition 61 was amended to clarify that it relates to the communal terrace area on level 1.

(R)       Condition 63 was amended to reference the latest landscape plan and to correct a typographical error in 63(a)(vii).

(S)       Condition 64 was amended to reflect the updated RAP and Arborist Report.

(T)       Conditions 71 and 114 were amended to reference the updated floor report.

Carried unanimously.

D/2025/184

 

It is resolved that:

(A)      Council approve a cash grant to Metropolitan Local Aboriginal Land Council for $3 million to support the preparation of a development application and construction to develop 36-38 George Street, Redfern for residential accommodation for members of the Metropolitan Local Aboriginal Land Council as determined by the Metropolitan Local Aboriginal Land Council;

(B)      Council note the request from Metropolitan Local Aboriginal Land Council is at Attachment A to the subject report and financial details are at Confidential Attachment B to the subject report;

(C)      Council note that the grant may be withdrawn if the project materially changes from the current proposal as outlined in Attachment A to the subject report, or if a development application is not lodged within 12 months; and

(D)      authority be delegated to the Chief Executive Officer to:

(i)         finalise negotiations, execute and administer the grant agreement with the Metropolitan Local Aboriginal Land Council in accordance with clauses (A) and (B); and

(ii)        otherwise administer all matters relating to this grant.

Carried unanimously.

X105028.013

It is resolved that Council:

(A)      endorse the project scope for the Green Park, Darlinghurst renewal, as described in the subject report and shown in the Concept Plan as shown at Attachment B to the subject report, for progression to relevant approvals, preparation of construction documentation tender and construction;

(B)      note the submissions received at the meeting of the Environment and Climate Change Committee on 15 September 2025, and note that during the detailed design phase:

(i)         a meeting will be arranged with members of the people sleeping rough community who use the park to seek feedback about the park design; and

(ii)        the project team will seek input from the local community of people sleeping rough in the park about the potential inclusion of a memorial plaque on seat/s to acknowledge those who had strong ties to the park community who have passed away; and

(C)      note the estimated financial implications as outlined in Confidential Attachment D to the subject report.

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

X099771.002

It is resolved that:

(A)      Council approve Planning Proposal - 150 Day Street, Sydney, as shown at Attachment A to the subject report, to be submitted to the Minister for Planning and Public Spaces with a request for Gateway Determination;

(B)      Council approve Planning Proposal - 150 Day Street, Sydney, as 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 Minister for Planning and Public Spaces 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 Planning Proposal - 150 Day Street, Sydney;

(D)      Council approve the Draft Sydney Development Control Plan 2012 - 150 Day Street, Sydney, as shown at Attachment B to the subject report, for public authority consultation and public exhibition concurrent with the Planning Proposal;

(E)      authority be delegated to the Chief Executive Officer to make any variations to Planning Proposal - 150 Day Street, Sydney, to correct any drafting errors or to ensure consistency with the Gateway Determination;

(F)      authority be delegated to the Chief Executive Officer to make any variations to Draft Sydney Development Control Plan 2012 - 150 Day Street, Sydney, to correct any drafting errors or ensure it is consistent with the Planning Proposal following the Gateway Determination; and

(G)      Council note the Chief Executive Officer will prepare a draft planning agreement in accordance with the letter of offer dated 3 September 2025 at Attachment C to the subject report, and the requirements of the Environmental Planning and Assessment Act 1979, to be exhibited in accordance with the Act.

Carried unanimously.

X090796

It is resolved that:

(A)      Council adopt the Public Interest Disclosure Policy, as shown at Attachment A to the subject report; and

(B)      authority be delegated to the Chief Executive Officer to make amendments to the Public Interest Disclosure Policy in order to update the contact information from time to time in Annexure A, correct any minor drafting errors and to finalise design and accessible formats for publication.

Carried unanimously.

S121629.035

It is resolved that:

(A)      Council note the Leave Nothing to Waste Strategy and Action Plan 2017-2030 Actions Summary Table as shown at Attachment A to the subject report, the achievements delivered during that period, and the intention to finalise the Leave Nothing to Waste Strategy and Action Plan 2017-2030 following final Council adoption of the Waste Reduction and Circular Materials Strategy 2025-2035;

(B)      Council approve for public exhibition the draft Waste Reduction and Circular Materials Strategy 2025-2035 as shown at Attachment B to the subject report, subject to the following amendment:

(i)         include an extra action Item in Direction 5: Build Resilient Waste and Circular Systems:

Explore opportunities to work with the NSW Government, commercial business organisations and commercial waste collection companies to better coordinate commercial waste collections in the Sydney CBD;

(C)      Council note that the draft Waste Reduction and Circular Materials Strategy 2025-2035, including any recommended changes, will be reported to Council for adoption following the exhibition period; and

(D)      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 Waste Reduction and Circular Materials Strategy 2025-2035.

Carried unanimously.

X087085