blue mountains city council confirmed minutes of …

BLUE MOUNTAINS CITY COUNCIL

CONFIRMED MINUTES OF ORDINARY MEETING OF COUNCIL

15 December 2009

INDEX

Minute File No. SUBJECT Page

* APOLOGIES 3

551 CONFIRMATION OF MINUTES 3

DECLARATIONS OF INTEREST – ORDINARY MEETING

552 09/207061 LAWSON COMMUNITY HALL (MECHANICS INSTITUTE) 5

553 09/210081 EAST TIMOR FRIENDSHIP COMMITTEE PROPOSED FUND RAISING FEASIBILITY STUDY

5

554 09/196525 SCHEDULE OF INVESTED MONIES OCTOBER 2009 6

555 09/189341 LEP AMENDMENT 16 - PROPOSED REZONING OF CERTAIN LAND AT WHITE CROSS ROAD WINMALEE FOR A MEDICAL CENTRE

7

556 09/195761 REVIEW OF CODE OF MEETING PRACTICE 8

557 09/197530 PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO THE MAYOR, DEPUTY MAYOR AND COUNCILLORS

8

558 09/200264 COMMUNITY ASSISTANCE / DONATIONS - RECOMMENDATIONS BY COUNCILLORS

9

559 09/201901 COUNCIL INVESTMENT PORTFOLIO UPDATE AND CONSIDERATION OF OPTIONS FOR RETENTION/DISPOSAL OF SECURITIES

10

560 PROCEDURAL - MOVE INTO CONFIDENTIAL SESSION 11

561 09/201901

COUNCIL INVESTMENT PORTFOLIO UPDATE AND CONSIDERATION OF OPTIONS FOR RETENTION/DISPOSAL OF SECURITIES

11

562 PROCEDURAL - RETURN TO PUBLIC MEETING 12

563 09/203371 DELEGATION OF AUTHORITY DURING THE CHRISTMAS AND NEW YEAR RECESS

13

564 09/178155 TRANSFER OF TRUSTEESHIP OF CROWN LAND PARCELS TO THE COUNCIL

14

565 09/190400 LOCAL ENVIRONMENTAL PLAN 2005 - ACQUISITION OF LAND FOR ENVIRONMENTAL PROTECTION PURPOSES

14

566 09/194439 RED RIDGE SECTION 44 BUSHFIRE; OCTOBER 2009 15

567 09/195468 TRIAL OF "PLASTIC BAG FREE" ZONE IN LEURA 16

568 09/197806 FEASIBILITY ASSESSMENT OF ESTABLISHING A GROWERS MARKET IN THE BLUE MOUNTAINS LGA

16

569 09/192923 ESTABLISHMENT OF AN ABORIGINAL ADVISORY COMMITTEE

17

570 09/188195 FUTURE OF POINTSMAN'S COTTAGE AT GLENBROOK 18

571 PROCEDURAL MOTION 19

572 09/195013 SPRINGWOOD TOWN CENTRE PROJECT 20

573 09/197562 MODIFICATION OF DEVELOPMENT CONSENT NO. X/134/2008 FOR THE DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF A NEW RETAIL DEVELOPMENT AT 201 KATOOMBA STREET AND NOS. 39 AND 43 WARATAH STREET, KATOOMBA

22

INDEX Contd

Minute File No. SUBJECT Page

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574 09/197757 DEVELOPMENT APPLICATION NO. S/36/2009 FOR A FOUR INTO TWO LOT SUBDIVISION ON LOTS 1, 2, 3 AND 28 DP 8382, NOS. 13 AND 15-17 SELSDON STREET AND 3 JERSEY PARADE, MOUNT VICTORIA

23

575 09/199330 DEVELOPMENT APPLICATION NO. X/590/2008 FOR EIGHT NEW TOWN HOUSES MAKING A TOTAL OF FIFTEEN TOWN HOUSE ON THE SITE ON M. SP 59027, COMMON PROPERTY, 9-11 WASCOE STREET, LEURA

24

576 09/199348 DEVELOPMENT APPLICATION NO. X/940/2009 FOR AN ADDITION TO COLES SUPERMARKET AND THE ERECTION OF SHADE SAILS IN THE CARPARK AT 14-28 WHITE CROSS ROAD, WINMALEE AND THE CONSTRUCTION OF ADDITIONAL CAR PARKING AT 2-12 WHITE CROSS ROAD, WINMALEE

25

577 09/203334 REFUSAL TO ALLOW FOR THE REMOVAL OF TREES BLOCKING A SOLAR PANEL ON A PROPERTY AT 105 BATHURST ROAD, BLAXLAND

26

578 09/183686 SAFETY ENHANCEMENTS AND TRAFFIC CALMING OPTIONS AT WILSON WAY ROUNDABOUT, BLAXLAND

26

579 09/201042 NEIGHBOURHOOD SAFER PLACES IN THE BLUE MOUNTAINS LGA

27

580 09/204292 SOUTH WARRIMOO PARK 28

581 09/204504 FUTURE SHOP DEVELOPMENTS AT LAWSON VILLAGE 29

582 09/204618 BLUE MOUNTAINS LGA WILDLIFE SURVEY 29

583 09/200070 PRECIS OF SELECTED CORRESPONDENCE 30

QUESTION WITHOUT NOTICE – TREE MANAGEMENT PRACTICES

30

584 09/202119 ROAD WIDENING AT LAWSON 31

585 09/204480 CULTURAL CENTRE STRATA FEES ARRANGEMENT 31

586 PROCEDURAL – MATTER OF URGENCY 32

587 MATTER OF URGENCY – TRAFFIC CALMING DEVICES ON GROSE ROAD, FAULCONBRIDGE

33


589 MATTER OF URGENCY – DAMAGE TO OVALS AT WARRIMOO

34


591 MATTER OF URGENCY – BIKE TRACK AT MOUNT RIVERVIEW

35


593 MATTER OF URGENCY – CONTACT RE NON-ESSENTIAL RAIL TRACK WORK DURING HOLIDAY SEASON

37

594 PROCEDURAL – QUESTION THAT MEETING CLOSE 37

Confirmed Minutes Ordinary Meeting 15 December 2009

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Minutes of the Ordinary Meeting of Council of the City of Blue Mountains, held in the Chambers on Tuesday, 15 December 2009, commencing at 7.32pm.

* * * * * * * * * * There were present: The Mayor (Councillor Searle) in the Chair, and Councillors Clark, Creed, Gibbs, Greenhill, Hamilton, Luchetti, Mays, McCallum, McLaren, Myles, and Van der Kley.

* * * * * * * * * *

In attendance: General Manager, Group Manager BM City Services, Group Manager Community & Corporate, Group Manager Environmental & Customer Services, Executive Officer, Chief Financial Officer, Manager, Corporate Strategy, Manager, Assets and Contracts, Manager, Planning Health and Enforcement, Manager, City Planning, Manager, Environmental Management, Principal Planning Officer, Program Leader Strategic Planning, Program Leader Community Outcomes, Corporate Planning Officer, Aboriginal Community Development Officer, Senior Strategic Planning Officer - City Planning, Communications Officer, Project Support Officer – Governance Publications, Ranger, Ranger.

* * * * * * * * * * Prayer / Reflection: The Prayer / Reflection was read by the Mayor, as was the acknowledgement of the traditional owners, the Darug and Gundungurra people.

* * * * * * * * * *

Apologies

Nil

* * * * * * * * * *

MINUTE NO. 551

Confirmation of Minutes - Ordinary Meeting - 1 December 2009

A MOTION was MOVED by Councillors Van der Kley and Greenhill: That the Minutes of the Ordinary Meeting of 1 December 2009 be confirmed with the amendments to Minute 525 being the removal of Councillor McCallum from the voting.


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Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against Councillors Creed Councillors

Hamilton Greenhill McCallum Myles McLaren Van der Kley Mays Gibbs Searle Clark Luchetti

* * * * * * * * * *

Declarations of Interest – Ordinary Meeting, 15 December 2009 Councillor Luchetti made the following non-significant, non- pecuniary declaration of interest with respect to Item 14:

“During the Council election I campaigned on ‘against the Springwood revitalisation’ process and was the recipient of a substantial political donation. Based on the legal advice I have obtained this does not give me a significant, non-pecuniary interest in Item 14, therefore I will be staying in the Chamber during the debate and vote on this item”.

Councillor Mays made the following significant, non-pecuniary declaration of interest with respect to Item 2:

“Due to my involvement in HEAL and the BALANCE Healthcare campaigns I will be leaving the Chamber for the debate and vote on this item.”

Councillor McLaren made the following non-significant, non- pecuniary declaration of interest with respect to Item 12:

“Due to my professional role in the NSW Government on Aboriginal Housing in remote areas I am declaring a non-significant, non- pecuniary declaration of interest on this Item and due to that work being only in remote areas I will be remaining in the Chamber during the debate and voting”.

Councillor Hamilton made the following non-significant, non- pecuniary declaration of interest with respect to Item 12:

“During the Council election a member of the Aboriginal community was on my ticket and I am declaring a non-significant, non- pecuniary declaration of interest on this Item as it is about the formation of an advisory committee and will be remaining in the Chamber during the debate and voting”.

* * * * * * * * * *


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MAYORAL MINUTES

MINUTE NO. 552

MM1. 09/207061. Lawson Community Hall (Mechanics Institute)

A MOTION was MOVED by Councillors Searle and Van der Kley:

1. That the Council write to the Minister of Planning seeking a 12 month extension to the grant funding; and

2. That the Council investigate the possibility of obtaining a license from the Roads

and Traffic Authority to use its adjoining land for car parking.


For Against

Councillors Creed Councillors Hamilton Greenhill McCallum Myles McLaren Van der Kley Mays Gibbs Searle Clark Luchetti

* * * * * * * * * *

MINUTE NO. 553

MM2. 09/210081. East Timor Friendship Committee Proposed Fund Raising Feasibility Study

A MOTION was MOVED by Councillors Searle and Greenhill: 1. That Council endorses and supports the organisation and implementation of a

Feasibility Analysis on the ‘Trek for Timor’ fundraising activity by the Blue Mountains City Council East Timor Friendship Committee; and

2. That Council note that a detailed briefing will be provided on the outcomes of a

Feasibility Analysis of the ‘Trek for Timor’.


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For Against


* * * * * * * * * *

OFFICERS REPORTS

MINUTE NO. 554

1. 09/196525. Schedule of Invested Monies October 2009

A MOTION was MOVED by Councillors Hamilton and Creed:

1. That the Council’s Schedule of Invested Monies report for October 2009 be received and noted; and

2. That the Certificate of the Responsible Accounting Officer be noted.


For Against


* * * * * * * * * *


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MINUTE NO. 555

2. 09/189341. LEP Amendment 16 - proposed rezoning of certain land at White Cross Road Winmalee for a medical centre

The meeting was addressed by: Barry Haworth, Dr Michael de Vries

A MOTION was MOVED by Councillors McLaren and Luchetti:

1. That the Council adopt the provisions of the Planning Proposal prepared under s.55 of the Environmental Planning & Assessment Act 1979 for the rezoning of No. 1 White Cross Road, part of No. 1A White Cross Road and No. 412-414 Hawkesbury Road, Winmalee from Living – General to Village - Housing under Blue Mountains Local Environmental Plan 2005;

2. That the Planning Proposal for Local Environmental Plan 2005 Amendment 16 be

forwarded to the Department of Planning for assessment and Gateway Determination by the Minister under s.56 of the Environmental Planning & Assessment Act 1979;

3. That Blue Mountains Local Environmental Plan 2005 Amendment 16 be processed

in accordance with the Gateway Determination; and 4. That a report is brought before the Council, subject to the Gateway Determination,

at the conclusion of the notification period by June 2010 to enable consideration of submissions to be made to Blue Mountains Local Environmental Plan 2005 Amendment 16.

Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being:

For Against

Councillors Creed Councillors Hamilton Greenhill McCallum Myles McLaren Van der Kley Gibbs Searle Clark Luchetti

with Councillor Mays out of the Chamber.

* * * * * * * * * *


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MINUTE NO. 556

3. 09/195761. Review of Code of Meeting Practice


1. That the Council endorse the draft revised Code of Meeting Practice 2010 for the purposes of public exhibition;

2. That the Council place the revised Code of Meeting Practice on public exhibition

under Section 361 of the Local Government Act for a period of 42 days; and 3. That the Council receive a further report on completion of the public exhibition

period.


For Against


* * * * * * * * * *

MINUTE NO. 557

4. 09/197530. Payment of Expenses and Provision of Facilities to the Mayor, Deputy Mayor and Councillors


That the Council note the amendment to the Blue Mountains City Council ‘Policy for Payment of Expenses and the Provision of Facilities to the Mayor, Deputy Mayor and Councillors’ and adopt the amended Policy.


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* * * * * * * * * *

MINUTE NO. 558

S1. 09/200264. Community Assistance / Donations - Recommendations By Councillors

A MOTION was MOVED by Councillors Creed and Greenhill:

1. That the Council approve the following donations from the Councillors’ Minor Local Projects vote and those from the Mayoral Contingency; and

Organisation Amount Blackheath Area Neighbourhood Centre 250.00 Blaxland Redbacks Netball 200.00 Combined Churches for Springwood 400.00 Fusion Blue Mountains 100.00 Katoomba Cricket Club 500.00 Kinship at Christmas Foundation 500.00 Leura Village Association 100.00 Mid Mountains Combined Churches 100.00 Mid Mountains Neighbourhood Centre 300.00 Upper Blue Mountains Trefoil Guild 200.00 Warrimoo Odyssey Rangers 1150.00

2. That a further $100 of Councillor Luchetti’s Community Assistance Fund be adopted for donation to the Warrimoo Odyssey Rangers (due to an administrative error).


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For Against


* * * * * * * * * *

MINUTE NO. 559

5. 09/201901. Confidential Business Paper - Council Investment Portfolio Update and Consideration of Options for Retention/Disposal of Securities

A MOTION was MOVED by Councillors Van der Kley and McCallum:

1. That Item 5 in the Confidential Business Paper be deferred for consideration until all other business of this meeting has been concluded; and

2. That the Council close part of the Council Meeting for consideration of Item 5 in

the Confidential Business Paper Council Investment Portfolio Update and Consideration of Options for Retention/Disposal of Securities pursuant to the provisions of Section 10A(2) (c) of the Local Government Act 1993, as the report contains, and discussion is likely to involve:

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.


For Against

Councillors Creed Councillors Hamilton Greenhill McCallum Myles McLaren Van der Kley Mays Gibbs Searle Luchetti

* * * * * * * * * *


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MINUTE NO. 560

Procedural – Move into Confidential Session

A MOTION was MOVED by Councillors Van der Kley and McCallum:

That the Meeting move into Confidential Session.



Hamilton Greenhill McCallum Myles McLaren Van der Kley Mays Gibbs Searle Luchetti

with Councillor Clark out of the Chamber.

* * * * * * * * * *

MINUTE NO. 561

5. 09/201901. Confidential Business Paper - Council Investment Portfolio Update and Consideration of Options for Retention/Disposal of Securities

A MOTION was MOVED by Councillors Myles and Hamilton:

1. That the report on the status of the Council’s collateralised debt obligation securities (CDO’s) be received and noted;

2. That the Council obtain indicative bids on those presently advised as soon as practicable from the investment market for those CDO securities identified in the report that Oakvale Capital have advised are at risk of defaulting; and

3. That the Council, on obtaining the indicative bids, only endorse a sale prior the 2 February 2010 Council Meeting if at least seven Councillors support this course of action and that the action then be undertaken within delegated authority.


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* * * * * * * * * *

MINUTE NO. 562

Procedural – Return to Public Meeting

A MOTION was MOVED by Councillors McCallum and Greenhill:

That the Meeting be reopened to the Public.


For Against



* * * * * * * * * *


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MINUTE NO. 563

6. 09/203371. Delegation of Authority During the Christmas and New Year recess

A MOTION was MOVED by Councillors Van der Kley and Luchetti:

That the Council adopt the proposed delegations of authority as follows:

a) Appoint a Committee comprised of the Mayor and General Manager (or in his absence the person acting as General Manager) to deal with and determine urgent matters arising during the recess of the Council between 16th December 2009 and 2nd February 2010, in such cases applying the Council codes and policies, or where no such policies exist, that discretion be exercised;

b) The Committee only determine matters specifically relating to a Ward of the Council after inviting input from the relevant Ward Councillors;

c) That for any decision valued at over $100,000, all Councillors are invited to have input before the matter is determined; and

d) That a weekly report is sent to all Councillors about decisions made by the Mayor and the General Manager in exercising this delegation, including reporting of amendments to the Management Plan and any new capital works.




* * * * * * * * * *


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MINUTE NO. 564

7. 09/178155. Transfer of Trusteeship of Crown Land Parcels to the Council


That the Council accept the offer from the Department of Lands, NSW for Blue Mountains City Council to become trustee for the three parcels of Crown Land reserves, namely;

•••• 7-17 Rozelle Street Wentworth Falls NSW 2782 - L 322 DP 751646, L 179 DP 751646;

•••• 36-67 Prince George Street Blackheath NSW 2785 - 013/7012//751627, 013/499//751627 and 29–35 Prince Street Blackheath NSW 2785 - 013/7011/1125706; and

•••• 49 The Avenue Mount Wilson NSW 2786 - 013/7010//92883.


For Against


* * * * * * * * * *

MINUTE NO. 565

8. 09/190400. Local Environmental Plan 2005 - Acquisition of land for Environmental Protection Purposes


1. That the Council approve the acquisition of those properties as set out in the enclosed report for environmental protection purposes as identified under Local Environmental Plan 2005; and

2. That the Common seal of the Council be attached to the documents relating to

these purchases as required.


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For Against


* * * * * * * * * *

MINUTE NO. 566

9. 09/194439. Red Ridge Section 44 Bushfire; October 2009

The meeting was addressed by: David King

A MOTION was MOVED by Councillors McLaren and Gibbs:

1. That the Council receive and note this report; and 2. That the Council write to NSW DECCW and NPWS seeking confirmation that they

will consult with the Traditional Owners in the Blue Mountains LGA prior to undertaking hazard reduction activities.


For Against


* * * * * * * * * *


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MINUTE NO. 567

10. 09/195468. Trial of "Plastic Bag Free" Zone in Leura

A MOTION was MOVED by Councillors Mays and Gibbs:

1. That the Council endorse the initiative for Leura to become a “plastic bag free” village; and

2. That the Council support the Leura Village Association to implement the “plastic

bag free” initiative through providing guidance and contacts and assisting with promotion.


For Against

Councillors Creed Councillors Van der Kley Hamilton Greenhill McCallum Myles McLaren Mays Gibbs Searle Clark Luchetti

* * * * * * * * * *

MINUTE NO. 568

11. 09/197806. Feasibility Assessment of Establishing a Growers Market in the Blue Mountains LGA

A MOTION was MOVED by Councillors Clark and Gibbs:

1. That the Council note that establishing a growers market in the Blue Mountains, based on the previously endorsed Council/community ‘partnership’ management model is feasible if key success factors are met, but that there are significant financial risks in taking this course of action;

2. That the Council invite Hawkesbury Harvest to stage two one off events at both

Katoomba and Springwood to gauge stallholder and community reaction and interest; and

3. That a further report come to Council after these events have been held to assess

the financial viability of the project or if there are any difficulties in enacting the resolution in point 2.


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For Against


* * * * * * * * * *

MINUTE NO. 569

12. 09/192923. Establishment of an Aboriginal Advisory Committee

The meeting was addressed by: Anthony Cooper, David King

A MOTION was MOVED by Councillors McLaren and Hamilton:

1. That the Council receive and note this report; 2. That the Council establish an Aboriginal Advisory Committee for the Blue

Mountains Local Government Area; 3. That the Council endorse the purpose and the outcomes of the Aboriginal

Advisory Committee recommended in this report; 4. That the Council endorse the membership term, size and composition

recommended in this report; 5. That the draft Terms of Reference for the Aboriginal Advisory Committee and the

recommended method of inviting membership and selection be prepared and presented to a Councillor briefing, then reported for consideration to the Council meeting of 27 April 2010, prior to the appointment of a committee; and

6. That consultation with the Aboriginal community occur during the drafting of the

Terms of Reference.


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For Against


* * * * * * * * * *

MINUTE NO. 570

13. 09/188195. Future of Pointsman's Cottage at Glenbrook

A MOTION was MOVED by Councillors Greenhill and Creed:

1. That Council writes to the owner of the Pointsman's Cottage pressing our desire to effect a land swap in favour of the cottage under the signature of the Mayor;

2. That a meeting is sought with the landowner as soon as possible in the new year; and

3. That a further report come to Council on a land swap or alternatively relocation.


For Against


* * * * * * * * * *


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MINUTE NO. 571

Procedural - Procedural Motion

A MOTION was MOVED by Councillors Greenhill and Gibbs: That a further 10 minutes be allowed on the debate on Item 14 – Springwood Town Centre Project.




* * * * * * * * * *

MINUTE NO. 572

14. 09/195013. Springwood Town Centre Project

The meeting was addressed by: Pamela Smith, Alan Crooks, Margaret Buchanan

A MOTION was MOVED by Councillors McLaren and Myles:

1. That the Council immediately places the consultant report “Springwood Cultural and Community Facilities and Services - Needs Assessment” on the Council website and printed copies in Council offices for community viewing as part of the consultative process;

2. That the priorities identified in the “Springwood Cultural and Community Facilities

and Services - Needs Assessment report” are further researched and expanded on to provide evidence that will enable informed community comment as input into the decision making processes of the Council for improved community and cultural facilities that could potentially be delivered by the Springwood Town Centre Project;

3. That a report on the requirements for provision of community and cultural facilities

and proposed further consultation is brought to the Council in February 2010 and that this report also details the options available to Council on the timing of the community poll;


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4. That the Council proceeds to provide information and to consult with the community on the requirements and the options for the provision of improved community and cultural facilities in Springwood Town Centre and that the results of this are reported to the Council in April 2010;

5. That the "Vision for Springwood" endorsed by Councillors McLaren, Myles,

Greenhill, Creed, Hamilton and Searle be made available to the public on the Council website; and

6. That the reports detailing the results of community consultation on priorities for

community facility improvements and the preparation of documentation for the Request for Detailed Proposals (RDP) Stage 1 be presented to a Special Council Meeting to be held in Springwood on Tuesday 4 May 2010.

An Amended MOTION was MOVED by Councillors Mays and Gibbs: 1. Delete items 1- 4 of the Recommendation and replace with; and 2. That the current Springwood Town Centre project be suspended until Council has

completed the Lawson Town Centre redevelopment and the Blue Mountains Cultural Centre project and can accurately confirm the per annum operating cost subsidy for this project.

Upon being PUT to the Meeting, the MOTION was LOST, the vote being:

For Against

Councillors McCallum Councillors Creed Mays Hamilton Gibbs Greenhill Clark Myles Luchetti McLaren Van der Kley Searle

An Amended MOTION was MOVED by Councillors Luchetti and Mays: 1. That the Council immediately places the consultant report “Springwood Cultural and

Community Facilities and Services- Needs Assessment” on the Council website and printed copies in Council offices for community viewing as part of the consultative process;

2. That the priorities identified in the “Springwood Cultural and Community Facilities and

Services - Needs Assessment report” are further researched and expanded on to provide evidence that will enable informed community comment as input into the decision making processes of the Council for improved community and cultural facilities that could potentially be delivered by the Springwood Town Centre Project;

3. That a report on the requirements for provision of community and cultural facilities and

proposed further consultation is brought to the Council in February 2010 and that this report also details the options available to Council on the timing of the community poll;

4. That the Council proceeds to provide information and to consult with the community on

the requirements and the options for the provision of improved community and cultural facilities in Springwood Town Centre and that the results of this are reported to the


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Council in April 2010; and 5. That the proposed timing of the poll as indicated in the timeline on page 101 (July 2010)

is not adopted prior to this matter being deliberated on at the council meeting in February.


For Against

Councillors McCallum Councillors Creed Mays Hamilton Gibbs Greenhill Clark Myles Luchetti McLaren Van der Kley Searle

An Amended MOTION was moved by Councillors Gibbs and Mays: That points 2 - 6 of the Recommendations are deferred until the community has had the opportunity to study and make submissions on the consultants reports.


For Against Councillors McCallum Councillors Creed

Mays Hamilton Gibbs Greenhill Clark Myles Luchetti McLaren Van der Kley Searle

Upon being PUT to the Meeting, the MOTION moved by Councillors McLaren and Myles was CARRIED, the vote being:

For Against Councillors Creed Councillors McCallum

Hamilton Mays Greenhill Gibbs Myles Clark McLaren Luchetti Van der Kley Searle

* * * * * * * * * *


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MINUTE NO. 573

15. 09/197562. Modification of Development Consent No. X/134/2008 for the demolition of existing structures and construction of a new retail development at 201 Katoomba Street and Nos. 39 and 43 Waratah Street, Katoomba

The meeting was addressed by: Amanda Young,


That the modification of Development Consent No. X/134/2008 to allow Sunday trading to extend by 1 hour from the approved hours to permit trading from 9am to 6pm at the approved retail development, Lot 1 DP 224396 and Lots 11-13 DP 837270 being No. 201 Katoomba Street and Nos. 39 and 43 Waratah Street, Katoomba be determined pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979 by the modification of the condition of consent as shown in Attachment 1 to this Report.


For Against

Councillors Creed Councillors McCallum Hamilton Mays Greenhill Gibbs Myles Clark McLaren Luchetti Van der Kley Searle

* * * * * * * * * *

MINUTE NO. 574

16. 09/197757. Development Application No. S/36/2009 for a four into two lot subdivision on Lots 1, 2, 3 And 28 DP 8382, Nos. 13 and 15-17 Selsdon Street and 3 Jersey Parade, Mount Victoria


That the Development Application No. S/36/2009 for a four into two lot subdivision on Lots 1,2 3 and 28 DP 8382, Nos. 13 and 15-17 Selsdon Street and 3 Jersey Parade, Mount Victoria be determined pursuant to S.80 of the Environmental Planning and Assessment Act 1979 by the granting of consent subject to conditions shown in Attachment 1 to this report.


For Against

Councillors Creed Councillors Hamilton Greenhill McCallum Myles McLaren


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Van der Kley Mays Gibbs Searle Clark Luchetti

* * * * * * * * * *

MINUTE NO. 575

17. 09/199330. Development Application No. X/590/2008 for eight new town houses making a total of fifteen town house on the site on M. SP 59027, Common Property, 9-11 Wascoe Street, Leura


That the Development Application No. X/590/2008 for eight new town houses making a total of fifteen town houses on the site on M. SP 59027, Common property, 9-11 Wascoe Street, Leura be determined pursuant to S.80 of the Environmental Planning and Assessment Act 1979 by the granting of consent subject to conditions shown in Attachment 1 to this report.


For Against


* * * * * * * * * *


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MINUTE NO. 576

18. 09/199348. Development Application No. X/940/2009 for an addition to Coles supermarket and the erection of shade sails in the carpark at 14-28 White Cross Road, Winmalee and the construction of additional car parking at 2-12 White Cross Road, Winmalee

The meeting was addressed by: Walter Cullen,

A MOTION was MOVED by Councillors Myles and McLaren:

1. That the Development Application No. X/940/2009 for an addition to the existing Coles Supermarket and the erection of shade sails in the car park on Lot 20 DP 1097098, 14-28 White Cross Road Winmalee and the construction of additional car parking on Lot 221 DP 619188 2-12 White Cross Road Winmalee be determined pursuant to S.80(4)(b) of the Environmental Planning and Assessment Act 1979 by: (a) the granting of a partial development consent subject to the conditions

shown in Attachment 1 to this report; and (b) excluding consent to the shade sail structure proposed to be located within

10 metres of the White Cross Road property boundary; 2. That the General Manager be granted the delegated authority within the terms of

Section 377 of the Local Government Act 1993 to determine those matters excluded from the partial consent as referred to in 1(b) above; and

3. That condition number 16 (pp181) to read:

“The hours of operation of the completed development are limited to 8.00am to 10pm Monday to Saturday and 8.00am to 9pm Sundays.”


For Against

Councillors Creed Councillors McCallum Hamilton Gibbs Greenhill Clark Myles McLaren Van der Kley Mays Searle Luchetti

* * * * * * * * * *


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MINUTE NO. 577

19. 09/203334. Refusal to allow for the removal of trees blocking a solar panel on a property at 105 Bathurst Road, Blaxland

The meeting was addressed by: John Partridge,

A MOTION was MOVED by Councillors Creed and Greenhill:

1. That Council notes the reasons for the refusal of the application to remove two conifer trees at 105 Old Bathurst Road, East Blaxland;

2. That the appeal against the decision to refuse permission to remove the two conifers be upheld and that both trees be approved for removal; and

3. That appropriate trees be planted in the same location at the applicant’s discretion and choice.




* * * * * * * * * *

MINUTE NO. 578

20. 09/183686. Safety Enhancements and Traffic Calming Options at Wilson Way Roundabout, Blaxland


That the Council note this report.


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For Against


* * * * * * * * * *

NOTICES OF MOTION

MINUTE NO. 579

21. 09/201042. Neighbourhood Safer Places in The Blue Mountains LGA

A MOTION was MOVED by Councillors Hamilton and Van der Kley:

That Council receives a report on Neighbourhood Safer Places (NSP) and their identification in the Blue Mountains, including the methods used to advise residents of their locations.


For Against

Councillors Councillors Hamilton Greenhill McCallum Myles McLaren Van der Kley Mays Gibbs Searle Clark Luchetti

with Councillors Creed and Greenhill out of the Chamber.

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MINUTE NO. 580

22. 09/204292. South Warrimoo Park


1. That Council notes the fifty thousand dollars it diverted to Valley Heights park from South Warrimoo park;

2. That Council notes the statements made in the Chamber at the time of this

decision regarding the intention of the elected Council that the above sum would be repaid to Warrimoo park;

3. That Council notes the opportunity presented by federal stimulus funds to return

twenty thousand dollars of the fifty thousand dollar sum to South Warrimoo park; 4. That Council notes the Warrimoo park will be built in two stages, initially using the

funds available; 5. That Council requests that staff further liaise with the Warrimoo community, via

the currently established networks, so that plans for the expenditure of the second stage are consistent with the first stage; and

6. That this consultation takes place forthwith, during the planning work that is

currently occurring in preparation for construction of the first stage.


For Against


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MINUTE NO. 581

23. 09/204504. Future Shop Developments at Lawson Village

A MOTION was MOVED by Councillors Clark and Gibbs:

That the Council seek a report on how DCP Part J (Lawson Village) specifically addresses heritage values in guiding the future development of the town.


For Against

Councillors Hamilton Councillors McCallum Myles McLaren Van der Kley Mays Gibbs Searle Clark Luchetti

with Councillors Creed and Greenhill out of the Chamber.

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MINUTE NO. 582

24. 09/204618. Blue Mountains LGA Wildlife Survey

A MOTION was MOVED by Councillors Gibbs and Luchetti:

That the item be deferred until the current requested report on Wildlife Protection areas is brought before the Council.


For Against


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PRECIS OF SELECTED CORRESPONDENCE

MINUTE NO. 583

25. 09/200070. Precis of Selected Correspondence

A MOTION was moved by Councillors Greenhill and Creed: 1. That the Council accept the Precis of Correspondence; and 2. That the Council writes to RailCorp seeking both an explanation of, and a plan to

repair, the damage to trees in the Warrimoo area, as outlined in Item 3 of the Precis.


For Against



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QUESTION WITHOUT NOTICE

Question without Notice – Tree Management Practices

Councillor Gibbs asked the following Question without Notice:

What action is being taken in relation to tree management practices with all Government Agencies?

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QUESTIONS WITH NOTICE

MINUTE NO. 584

26. 09/202119. Road Widening at Lawson


1. What width will the lanes be at the Lawson Hall once the highway is complete? 2. What impact does the current hall configuration have on that width? 3. What options exist for a barrier between the east bound and west bound lanes on

the current hall configuration? 4. What is the planned speed limit for that section of the highway?


For Against


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MINUTE NO. 585

27. 09/204480. Cultural Centre Strata Fees Arrangement


Can Councillors please be advised of the strata fee arrangements for the Cultural Centre project? Specifically, what are the expected per annum strata fee costs to Council and have these cost been included in the estimated operating costs previously provided?


of 36


For Against


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MINUTE NO. 586

Procedural - Matter of Urgency

A MOTION was MOVED by Councillors Luchetti and McLaren: That the Council now consider a matter concerning Traffic Calming Devices on Grose Road, Faulconbridge, having been ruled by the Mayor to be a matter of great urgency.


For Against



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of 36

MINUTE NO. 587

Matter of Urgency – Traffic Calming Devices on Grose Road, Faulconbridge

A MATTER OF URGENCY was MOVED by Councillors Luchetti and McLaren:

1. That the proposed modifications to the traffic calming device in Grose Rd, Faulconbridge as described in the Item 25 of the Business Paper at the Ordinary Meeting of Council of 10 November 2009 be undertaken as soon as possible;

2. That the operation of the traffic device be monitored, including traffic and speed

counts, for a period of 3 months; and 3. That once the work is completed on site, and at the conclusion of the monitoring

period, a report come back to the Council on the operation of the traffic calming device.


For Against



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MINUTE NO. 588


A MOTION was MOVED by Councillors Greenhill and Creed: That the Council now consider a matter concerning Damage to Ovals at Warrimoo, having been ruled by the Mayor to be a matter of great urgency.


of 36


For Against



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MINUTE NO. 589

Matter of Urgency – Damage to Ovals at Warrimoo

A MOTION was MOVED by Councillors Greenhill and Creed: 1. That Council staff meet with Lower Mountains Rugby League and touch football

regarding an urgent solution for the damage effecting both ovals at Warrimoo; 2. That this meeting takes place before Christmas; 3. That any solution respects the needs of users; and 4. That the results of the meeting are reported back to the Mayor, Chair of the Sports

Council and Ward 4 Councillors.


For Against



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MINUTE NO. 590


A MOTION was MOVED by Councillors Greenhill and Creed: That the Council now consider a matter concerning a bike track at Mount Riverview, having been ruled by the Mayor to be a matter of great urgency.


For Against



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MINUTE NO. 591

Matter of Urgency – Bike Track at Mount Riverview

A MOTION was MOVED by Councillors Greenhill and Creed: That the Council take steps to prevent any further physical construction work being undertaken on bike tracks in Mount Riverview, except for rehabilitation works, until the previously requested report on bike tracks in East Blaxland comes before the Council and that this report includes this bike track site and the type and content of consultation with affected residents.


of 36


For Against



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MINUTE NO. 592

Procedural Motion - Matter of Urgency

A MOTION was MOVED by Councillors Mays and Gibbs: That the Council now consider a matter concerning non-essential rail track work in the Local Government Area during the holiday period, having been ruled by the Mayor to be a matter of great urgency.


For Against


with Councillors Clark and Luchetti out of the Chamber.

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of 36

MINUTE NO. 593

Matter of Urgency – Contact re Non-essential Rail Track Work During Holiday Season

A MOTION was MOVED by Councillors Mays and Gibbs: That the Council write to the NSW Minister for Transport requesting that all non-essential track work proposed for the period December 26 to 29 2009 be suspended.


For Against


with Councillors Clark and Luchetti out of the Chamber.

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MINUTE NO. 594

Procedural – Question that Meeting Close

A MOTION was MOVED by Councillors Greenhill and Van der Kley:

That as there was no further business before the Ordinary Meeting of Tuesday, 15 December 2009, the meeting closed at 11:02pm.





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