Decisions

Moved by Councillor Phelps, seconded by Councillor Miller -

It is resolved that:

(A)        Council note:

(i)          one of the City of Sydney's visions in Sustainable Sydney 2030, is of being "Green, Global, and Connected";

(ii)         the City has an Urban Ecology Strategy and a Bush Management Strategy which addresses the management of urban biodiversity;

(iii)        however, obtaining native plants is problematic. Randwick Community Nursery propagates mainly hybrids, and Rozelle Bay is struggling to keep up with the needs of the Inner West Council area;

(iv)       climate change is producing more erratic weather conditions; native plants are hardier than exotics, and more likely to survive in areas like those maintained by local communities;

(v)         encouraging residents to grow natives in their gardens and on their balconies sends a valuable message about our changing environment;

(vi)       the City supports the provision of native plants to the community through: tree giveaways; supporting community planting days (such as National Tree Day); and, donations of native plants and related materials to approved community gardens and City Landcare volunteers;

(vii)      the City gives away over 1,000 free trees to the community each year in autumn. A mixture of native and exotic species, that will grow into small, medium and large trees are given away. These trees are well suited to the City’s current growing and future climate conditions;

(viii)     as National Tree Day 2020 didn’t proceed local schools were offered native plant and materials donations. Four schools have received donations so far with a total of 135 native plants donated;

(ix)       273 native plants have been donated in 2020/21 to two Landcare groups – Friends of Orphan School Creek and Pyrmont Ultimo Landcare.  Additional plant donations can be sourced for LandCare/Bushcare work if required;

(x)         at the last National Tree Day community planting in 2019 at Dalgal Way, Forest Lodge 200 people participated in planting 1,520 native species in just 40 minutes; and

(xi)       during 2020 the tree giveaways and community plantings were severely impacted by Covid-19 restrictions. Volunteer bush restoration activities continued subject to Covid-19 requirements; and

(B)        the Chief Executive Officer be requested to:

(i)          investigate enhancing the supply of native plants for local residents and community groups to maximise native urban biodiversity; and

(ii)         where possible, support local nurseries, especially Indigenous social enterprises; and

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

The amended motion was carried unanimously.

S129263

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

It is resolved that:

(A)      Council note:

(i)         the University of Technology Sydney's 'Sydney Food Futures (2015-2016)' report states that only 20 per cent of Sydney's food comes from within the Sydney basin and the remaining 80 per cent comes from elsewhere, requiring trucks, trains, ships, and planes for transportation, thereby increasing the carbon footprint of the food we consume. We can't rely on this amount of food for our city to come from outside the city;

(ii)        to achieve sustainability, progress the sustainable development goals and create resilient cities, we cannot continue to encroach upon lands that are needed for agriculture, nor can we continue land clearing and deforestation at current rates. In fact, climate action must contain a commitment to reforestation and biodiversity. As such, cities must find ways to feed their populations in sustainable ways;

(iii)      chronic stresses brought about by our changing climate and Covid-19 have shown that our food systems are becoming increasingly vulnerable;

(iv)      the pandemic has shown us that a high level of food insecurity exists within our city. The City, along with its partners, is committed to reducing food insecurity by making sure everyone can access food and groceries;

(v)       findings from the City's 'Community Engagement Insights Report - Planning for Sydney 2050' found that environmental sustainability and management and plants, trees, gardens and urban farming are priority areas respondents want the City to focus on;

(vi)      results from the 'National Pandemic Gardening Survey' conducted by Sustain, the Australian Food Network, found that:

(a)       thousands of Australians are finding solace, satisfaction, delicious produce and connection to nature by growing their own food under the duress of Covid-19;

(b)       over 70 per cent of survey respondents said growing food had significantly or greatly improved their mental health, while over 80 per cent said gardening during the pandemic had been very important to them; and

(c)       respondents said edible gardening was important to food security during the increasingly tough economic conditions, providing access to fresh fruit and vegetables without needing to go to the shops;

(vii)     the City of Sydney is already in support of urban agriculture projects through its community gardens, footpath and verge gardens, community composting and biodiversity volunteering groups; and

(viii)    the City of Sydney is becoming a signatory to the Milan Urban Food Policy Pact, a pre-existing initiative signed by 207 cities around the world, to achieve a more sustainable, inclusive, safe and diverse food system; and

(B)      the Chief Executive Officer be requested to:

(i)         investigate opportunities to support the forthcoming Sustain Australia’s Urban Agriculture Month to highlight:

(a)       the City of Sydney signing the Milan Food Policy Pact;

(b)       the City's existing community gardens; and

(c)       the City's plans for greater opportunities to increase food security by 2050;

(ii)        investigate roadblocks and barriers to enabling more urban food production across the Local Government Area including urban agriculture opportunities in new developments, on vacant lands and verges; and

(iii)      engage in a broader conversation surrounding the City's role in supporting food security via the forthcoming lower house inquiry into food security in NSW being led by the Member of Sydney, Alex Greenwich, MP.

Carried unanimously.

S129262

Procedural Motion 

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

That the motion be withdrawn. 

The procedural motion was carried unanimously. 

Moved by Councillor Forster, seconded by Councillor Thalis -

It is resolved that:

(A)        Council note:

(i)          Windmill Street is a wide, long street surrounded by residential, commercial and retail buildings that runs between Dalgety Road and Lower Fort Street in Millers Point;

(ii)         the adjacent footbridge link between Walsh Bay and Windmill Street has recently been opened leading to increased foot traffic in the area;

(iii)        there are an increasing number of families moving into the area that utilise nearby childcare centres, parks and playgrounds and walk to these amenities, often via Windmill Street and the adjacent footbridge;

(iv)       local residents have reported an increase in vehicles speeding through Windmill Street and have identified that, due to its length and absence of any traffic calming devices, it is being used as a 'racing circuit' by both cars and motorbikes, causing pedestrian safety concerns;

(v)         early last year, together with the Millers Point Residents Action Group, City staff developed a concept plan to widen footpaths and introduce pedestrian crossings in Lower Fort, Pottinger and Windmill Streets and Trinity Avenue, to improve access and safety for pedestrians;

(vi)       the Heritage Impact Statement stated that the concept plan is "not consistent with the heritage values of the area" and that "the proposed changes to intersections would have adverse impacts on the heritage significance of the area in all locations"; and

(vii)      the City is not pursuing any changes until heritage matters are resolved; and

(B)        the Chief Executive Officer be requested to:

(i)          investigate the installation of traffic calming measures in Windmill Street, including, but not limited to, chicanes, roundabouts, speed humps, a tree-lined median strip and/or a safer integration of the recently opened pedestrian walkway to the street;

(ii)         ensure that any traffic calming measures that are investigated are consistent with the area's heritage significance and resolve any heritage matters that may arise in a timely manner to ensure pedestrian safety is prioritised; and

(iii)        report back to Council with the results of this investigation via the CEO Update at the earliest opportunity.

Carried unanimously.

S129260

Procedural Motion

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

That the motion be withdrawn.

The procedural motion was carried unanimously.

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

It is resolved that Council:

(A)        note:

(i)          the City of Sydney Council has endorsed ‘A City for All’, which commits the City to setting out an agenda for action to sustain a socially just and resilient Sydney over the next decade;

(ii)         the City of Sydney Council has also formerly endorsed ‘Racism. It Stops With Me’ and ‘City of Sydney Opposes Racism’ motions to support and promote community tolerance and harmony;

(iii)        as a result, the City has delivered the following:

(a)        anti-racism and allyship training workshops– for community members and community organisations;

(b)        online cultural intelligence workshops for community organisations that explore diversity and unconscious bias; and

(c)         online transformational ethical storytelling workshops for community organisations, that explore ethical storytelling with a focus on developing racial literacy;

(iv)       the City is currently supporting Democracy in Colour through a Covid-19 Relief Grant to deliver bystander intervention workshops, resilience to racism workshops, and workshops to support people to call out, combat and address racism across online platforms and social media;

(v)         the Inner West Multicultural Network (IWMN) is an independent network of government and non-government service providers and organisations that works with, advocates for and supports people from multicultural communities in the Inner West;

(vi)       membership of the Inner West Multicultural Network is open to local multicultural community members, government and non-government services and organisations providing or resourcing services to people from multicultural communities in the Inner West;

(vii)      the Inner West Multicultural Network has 120 member organisations including Addison Road Community Centre, Sydney Local Health District, Metro Assist, Asylum Seeker Centre, TAFE, Legal Aid, Ethnic Community Services Co-operative, NSW Police, and many more;

(viii)     the purpose of the Network is to work in partnership to identify and address issues of community need, working from a community development lens which aims to empower communities to achieve a just and equal society;

(ix)       the Network’s ‘Racism Not Welcome’ campaign has emerged as a response to a reported increase in racist attacks on people in our communities. The Inner West Multicultural Network wanted to do more in the fight against racism to make sure that the Inner West was a safe a welcoming space for all, but also to inspire the other 537 Local Government Areas in Australia to do the same;

(x)         the Network currently has allocated a budget of $9,000 to fund the campaign;

(xi)       the aim of the campaign is to create:

(a)        a City where racism is not welcome;

(b)        a place with strong social cohesion where racism is ‘called out’;

(c)         a place where people feel a sense of belonging and are equal;

(d)        a place where decision making is shared, and diversity is valued and celebrated; and

(e)        through the street sign element of the campaign: a call to action for other Councils, and to encourage the local community to have these important if difficult conversations and call out racism when they see it; and

(xii)      as part of the campaign, the Network will:

(a)        create branded “Racism Not Welcome” stickers and posters that businesses and individuals can use to spread the word, demonstrating their own commitment to calling out racism;

(b)        produce a video portraying real experiences of racism and racial discrimination;

(c)         work with the local Aboriginal community and explore opportunities for Truth-Telling projects;

(d)        hold an art exhibition featuring local artists using the anti-racism theme;

(e)        hold an event on 21 March 2021 for the International Day for the Elimination of Racial Discrimination; and

(f)          facilitate bystander action training and toolkits;

(B)        endorse the “Racism Not Welcome” campaign developed by the Network; and

(C)       approve funding of up to $10,000 from the 2020/21 General Contingency to support the program of community works, that may include value in kind donations of spaces for exhibitions, the instalment of “Racism Not Welcome” street signs in key locations around the City or other community engagement activities.

Carried unanimously.

S129266

The Panel:

(A)      supported the variation sought to the Height of Buildings development standard under Clause 4.3 of the Sydney Local Environmental Plan 2012, in accordance with Clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012 in the circumstance of this application;

(B)      supported the variation sought to the minimum motorbike parking spaces required under Clause 30(1)(h) of the State Environmental Planning Policy (Affordable Rental Housing) 2009 in accordance with Clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012 in the circumstances of this application; and 

(C)      granted consent to Development Application No. D/2020/225 subject to the conditions set out in Attachment A to the subject report, subject to the following amendments (additions in bold italics):

(2)       DESIGN MODIFICATIONS

The design of the building must be modified as follows:

(a)       Elevation, plan and section details at a scale of 1:20 of the fire hydrant cabinet on Sophia Street are to be provided.

(b)       The blank western wall of the development is to be modified with consideration provided to the expression of joints and panel sizes in the event that the adjacent site is not developed in the near future. Amended drawings detailing the proposed panel layout and sizes and including 1:10 details of the panel joints are required. A high level of finish and detailing must be represented on the amended drawings.

(c)       The fixed concrete awning on the rooftop terrace is not approved and is to be changed to a lightweight shade pergola. Details at a scale of 1:50 are to be provided.

(d)       The proposed small awning on the Sophia Street Frontage of the property must be deleted and the building must be specified to be fully within the boundary on this frontage.

(e)       The proposed basement boundary must be amended to be an additional 60cm away from the Sophia Street boundary line. The plans must be amended so that the soil grade in this area is maintained.

(f)        Bicycle storage spaces must be increased by at least two spaces to provide a minimum of five bicycle storage spaces on-site.

(g)       The layout of resident rooms must be amended to increase the amenity of the primary living spaces of each sole occupancy unit. This may also require changes to the services core/common lobby planning layout.

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

Reasons for Decision

The application was approved for the following reasons:

(A)      The development complies with the objectives of the B4 Mixed Use zone pursuant to the Sydney Local Environmental Plan 2012.

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

(i)         the applicant’s written request has adequately addressed the matters required to be demonstrated by clause 4.6(3) of the Sydney 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 B4 Mixed Use zone and the Height of Buildings development standard.

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

(i)         the applicant’s written request has adequately addressed the matters required to be demonstrated by clause 4.6(3) of the Sydney LEP 2012, that compliance with the motorcycle parking development standard is unreasonable or unnecessary and that there are sufficient planning grounds to justify contravening clause 30(1)(h) of the State Environmental Planning Policy (Affordable and Rental Housing) 2009; and

(ii)        the proposal is in the public interest because it is consistent with the objectives of the B4 Mixed Use zone and the State Environmental Planning Policy (Affordable and Rental Housing) 2009 development standards.

(D)      The proposal is consistent with the aims and objectives of Division 3 of State Environmental Planning Policy (Affordable and Rental Housing) 2009.

(E)      The development complies with the permitted Floor Space Ratio pursuant to Clause 4.4 of the Sydney Local Environmental Plan 2012.

(F)      The development subject to conditions, generally demonstrates design excellence, appropriately responding to the context of the site. The development is consistent with the desired future character of the area as per Clause 6.21 of the Sydney Local Environmental Plan 2012.

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

(H)      Suitable conditions of consent have been applied and the development is considered to be in the public interest.

(I)        Clause (2) (f) was added to increase bicycle storage facilities for residents.

(J)       Clause (2) (g) was added to provide greater amenity to residents.

Carried unanimously.

D/2020/225

The Panel granted consent to Development Application No. D/2020/1343 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 use is permissible with consent in the B8 Metropolitan Centre zone.

(B)      The development is considered to be in keeping with the area, given its predominantly commercial and retail character.

(C)      The proposal does not detract from the heritage significance of the site or that of adjacent local heritage items.

(D)      The submitted Plan of Management has been assessed as acceptable. It adequately addresses the operational, safety and security requirements of the premises.

(E)      The proposal is of a high architectural standard and incorporates details that are appropriate to the building type and commercial locality. The proposal exhibits Design Excellence.

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

Carried unanimously, as part of an in globo motion.

D/2020/1343

The Panel granted consent to Development Application No. D/2020/926 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)      Subject to conditions, the proposal generally complies with Part 3 of the State Environmental Planning Policy (Affordable Rental Housing) 2009.

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

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

(i)         The applicant’s written requests have 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 and compliance with the floor space ratio 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 R1 – General Residential zone, the height of buildings development standard, and the floor space ratio development standard.

(D)      The proposal exhibits a suitable built form, design and materiality in the context of the heritage conservation area and is appropriate within the streetscape. Through restoration works, the proposal improves the presentation of the facade and side and rear elevations of the contributory freestanding Victorian villa.

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

(F)      The proposed use of the building as a single residential dwelling is consistent with the objectives of the R1 – General Residential zone.

(G)      The proposal provides for a use that is compatible with the surrounding area. The proposal is in keeping with the future desired character of the area and is considered to be in the public interest.

Carried unanimously.

D/2020/926

The Panel granted consent to Development Application No. D/2020/1234 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 use is permissible with consent in the B8 Metropolitan Centre zone.

(B)      The use is considered to be in keeping with the area, given its predominantly commercial and retail character.

(C)      The proposal does not detract from the heritage significance of the site or that of adjacent local heritage items.

(D)      The submitted Plan of Management has been assessed as acceptable. It adequately addresses the operational, safety and security requirements of the premises.

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

Carried unanimously, as part of an in globo motion.

D/2020/1234

The Panel granted consent to Development Application No. D/2020/1232 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 use is permissible with consent in the B8 Metropolitan Centre zone.

(B)      The use is considered to be in keeping with the area, given its predominantly commercial and retail character.

(C)      The proposal does not detract from the heritage significance of the site or that of adjacent local heritage items.

(D)      The submitted Plan of Management has been assessed as acceptable. It adequately addresses the operational, safety and security requirements of the premises.

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

Carried unanimously, as part of an in globo motion.

D/2020/1232

The Panel:

(A)      supported the written request seeking variation to Clause 4.4 floor space ratio development standard in accordance with Clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012 in this instance; and

(B)      pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act 1979, granted a deferred commencement consent to Development Application No. D/2020/652 subject to the conditions set out in Attachment A to the subject report, subject to the following amendment (additions in bold italics):

(2)       DESIGN MODIFICATIONS

The design of the building must be as follows:

(a)       The deep soil planting on the southern property boundary is to be raised to be an elevated planter bed adjoining the Level 1 communal courtyard.

(b)       Bicycle storage along the southern property boundary is to be enclosed, located beneath the elevated planter bed.

(c)       Details on shading devices on west-facing balconies on the Ralph Street elevation are to be included in the design.

(d)       Final details of the fire booster on the Ralph Street frontage are to be prepared and submitted in consultation with a qualified fire engineer.

(e)       Bicycle storage spaces at the ground level must be increased by at least three spaces to provide a minimum of 35 bicycle storage spaces on-site.

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

Reasons for Decision

The application was approved for the following reasons:

(A)      The development complies with the objectives of the B4 mixed use zone pursuant to the Sydney Local Environmental Plan 2012.

(B)      The development is consistent with the permitted height control pursuant to clause 4.3 of the Sydney Local Environmental Plan 2012.

(C)      The requested variation to the permitted floor space ratio control pursuant to clauses 29(1)(c) of the State Environmental Planning Policy (Affordable Rental Housing) 2009 and 4.4 of the Sydney Local Environmental Plan 2012 is upheld as the applicant's request has adequately addressed the matters required to be addressed by Clause 4.6 of the Sydney Local Environmental Plan 2012. The proposal is in the public interest and is consistent with the objectives of Clause 4.3 floor space ratio and the B4 mixed use zone.

(D)      The development demonstrates design excellence as per clause 6.21 of the Sydney Local Environmental Plan 2012.

(E)      The development meets the objectives and relevant provisions for boarding houses as per Division 3 of Part 2 of the State Environmental Planning Policy (Affordable Rental Housing) 2009.

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

(G)      The development facilitates the improvement of the public domain by way of dedication and embellishment of land along the eastern side of the site to widen the existing footpath along Beaconsfield Lane. The development also retains all street trees.

(H)      Clause 2(e) was added to increase bicycle storage facilities for residents.

Carried unanimously.

D/2020/562

The Panel:

(A)      upheld the variation requested to the LEP's building height standard in accordance with Clause 4.6 'Exceptions to development standards'; and

(B)      pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act 1979, granted deferred commencement consent to Development Application No. D/2020/529 subject to the conditions set out in Attachment A to the subject report.

Reasons for Decision

The application was approved for the following reasons:

(A)      The proposed development is permissible with consent in the R2 Low Density Residential zone.

(B)      The applicant’s written request to vary the height standard adequately addresses the matters required to be demonstrated by Clause 4.6(3) of the LEP. The applicant's request demonstrates that compliance with the building height development standard is unreasonable and unnecessary, and that there are sufficient planning grounds to justify the school building contravening Clause 4.3 of the LEP. The proposal is also in the public interest because it is consistent with the objectives of the R2 Low Density Residential zone and the building height development standard.

(C)      The proposed development complies with 0.6:1 floor space ratio control prescribed under Clause 4.4 of the LEP.

(D)      The proposed development provides an appropriate architectural outcome that is suitable in terms of its scale, built form and response to the site's context. It is consistent with the desired future character of the area, as expressed in the applicable planning policies. As such, it is considered to satisfy the design excellence provisions under Clause 6.21 of the LEP.

(E)      The proposed development satisfies the relevant objectives and provisions of the DCP.

(F)      The proposed development will not unreasonably impact the amenity of surrounding residential properties.

(G)      The proposed development is located close to areas of significant residential growth. The school will provide a vital piece of social infrastructure, which will support the growing population of the area.

Carried unanimously.

D/2020/529