Council Chambers 15 May 2014

The 3649th MEETING of COUNCIL will be held at the Council Chambers, North Sydney at 7.00pm on Monday, 19 May 2014. The agenda is as follows.

WARWICK WINN GENERAL MANAGER

North Sydney Council is an Open Government Council. The records of Council are available for public viewing in accordance with this policy, with the only exception being made for certain confidential documents such as legal advice, matters required by legislation not to be divulged, and staff matters.

APOLOGIES/LEAVE OF ABSENCE

MATTERS BROUGHT FORWARD CONFIRMATION OF MINUTES of the previous Meeting DECLARATIONS OF INTEREST MATTERS REFERRED TO COUNCILLOR INSPECTIONS MINUTES OF THE MAYOR RESCISSION MOTIONS of which due notice has been given REPORTS from Officers of the Council

CORRESPONDENCE to be read, and if necessary ordered upon MOTIONS of which due notice has been given QUESTIONS of which due notice has been given QUESTIONS without notice. COUNCILLORS PLEASE NOTE - ANY PAPERS RELATING TO FUTURE COUNCILLOR

INSPECTIONS OR RESCISSION MOTIONS SHOULD BE KEPT

VISITOR

Cr J e ffMORRIS

WOLLSTONECRAFT WARD

Cr D a n i e l l eBUTCHER

CREMORNE WARD

Cr S a ra hBURKE

CREMORNE WARD

DIRECTORCommunity &

Library ServicesMr Martin Ellis

DIRECTOREngineering &

Property ServicesMr Duncan Mitchell

DIRECTOROpen Space &

Environmental Services

Mr Robert Emerson

ACTINGDIRECTOR

Planning &Development

Services

MANAGER MANAGER

Cr To mROBERTSON

TUNKS WARD

Cr VéroniqueMARCHANDEAU

TUNKS WARD

Cr Vi rg i n i aBEVAN

VICTORIA WARD

COUNCIL OFFICERS

MAYORCr Jilly GIBSON

PUBLIC GALLERY

DIRECTORCorporate ServicesMr Ross McCreanor

GENERAL MANAGERMr Warwick Winn

Cr M e l i s s aCLARE

WOLLSTONECRAFT WARD

Cr Ste p h e nBARBOUR

CREMORNE WARD

Cr Zo ëBAKER

WOLLSTONECRAFT WARD

Cr M a r y A n nBEREGI

TUNKS WARD

Cr TonyC ARR

VICTORIA WARD

Cr MichelRE YMOND

VICTORIA WARD

COUNCIL MEETINGS

Explanatory Notes for Members of the Public Attending Meetings

1. Council meetings comprise the full membership of the Council with a quorum of seven

Councillors. Ordinary Council meetings consider reports from all Divisions of Council.

2. The Chairperson shall be the Mayor, Councillor Jilly Gibson, or, in her absence, the Deputy Mayor.

3. A recorded message listing all items on the agenda is placed on the Agenda Information Line (9936 8188) after midday on the Thursday before a Council meeting. Reports are published on Council’s website (www.northsydney.nsw.gov.au) by close of business on the Thursday before the meeting or printed copies may be viewed at Stanton Library or the Council Chambers.

4. Members of the public wishing to address Council or have an item brought forward may register by telephoning the Council (9936 8115) by 5.00pm on the day of the meeting or by speaking to the officer who is present in the foyer outside the Council Chamber from 6.40pm to 6.55pm.

5. As the Chairperson calls the brought forward items on the agenda, speakers are invited to take their place at the foot of the Councillors’ table between Wollstonecraft and Cremorne Ward Councillors. When you are called to speak, you must identify yourself by name and address or professional status. When you have made your address, the Council may wish to ask questions of you, after which you should resume your seat in the Gallery.

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Addresses must relate to an item on the agenda. Addresses should be limited to three (3) minutes. Addresses should be made to "Mayor and Councillors". If you have previously addressed the Council on the subject then any further

address must be made to present new information ONLY. Groups, or persons wishing to present similar points of view, should nominate a

spokesperson - not address the Council individually. All questions and comments are to be addressed through the Chairperson. Having made your address and answered any questions put to you by the

Councillors, you may take no further part in the debate. No written submissions or documentation may be presented to the meeting

without a resolution of Council 7. When all representations have been heard, the Chairperson will ask for a motion to

determine the matter.

Explanatory Notes for Members of the Public Attending Meetings

8. It should be noted that any three (3) Councillors may lodge a Notice to have a decision reviewed. The Notice must be lodged with the General Manager by 12.00 noon on the second business day after the meeting. You should not act on any decision of this meeting until you receive written notice of the decision from the General Manager.

9. Members of the public should acknowledge the Chairperson when entering or leaving the Chamber whilst the meeting is in progress.

10. Members of the public gallery are requested to switch off mobile phones for the duration of the meeting.

11. Parts of this meeting may be recorded for the purpose of assisting in the transcription of the Minutes and, as such, every effort is made not to record the addresses from members of the public. The recordings are deleted immediately the Minutes have been adopted by Council. The Government Information (Public Access) Act applies to the recording of Council meetings and, from time to time, Council may receive an application to release such recordings to a member of the public.

Note: The Code of Meeting Principles and Practices may be viewed on Council’s Website, at

Council Offices or Stanton Library.

TO: The Mayor, Jilly Gibson and Councillors Reymond, Carr, Bevan, Butcher, Burke, Barbour, Morris, Clare, Baker, Robertson, Marchandeau, Beregi.

SUBJECT: 3649th MEETING OF COUNCIL TO BE HELD ON MONDAY, 19 MAY

2014

THAT THE MINUTES of the previous 3648th Council Meeting held on Monday, 28 April 2014 be taken as read and confirmed.

DECLARATIONS OF INTEREST

MINUTES OF THE MAYOR MM01: Mayor’s Report on Civic Functions attended in April 2014

Tuesday 8 April Opening of On the Waterfront: the art of

North Sydney’s foreshores, Heritage Centre, Stanton Library

Wednesday 9 April Signing of Memorandum of Understanding with Australian Catholic University

Thursday 10 April Ground breaking event, Skye by Crown, 211-223 Pacific Highway

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Sunday 13 April ANZAC Commemoration Service, War Memorial, Ridge Street (RSL North Sydney sub-branch) ANZAC Commemoration Service and March, Kirribilli Club (RSL Kirribilli RSL sub-branch)

Saturday 26 April ANZAC Commemorative Service, Cremorne Synagogue

Tuesday 29 April Vivid Ideas: Industry and Creative Leaders Briefing

Note: These are functions that the Mayor has attended in addition to the normal Council Meetings, Workshops, Committee and Reference Group Meetings, Briefings and Mayoral Interviews. Recommending: 1. THAT this report be received.

MM02: Vivid Sydney

On Wednesday 7 May, Ignatius Jones, the creative director of Vivid Sydney, gave North Sydney CBD owners and tenants an interesting presentation on the history of Vivid and how it has developed. Mr Jones’s presentation provided the group with an insight into the way in which business communities can interact with the festival. In particular, he explained how the business community at Darling Harbour had successfully achieved its strategic objectives last year and how businesses at Martin Place are supporting the event for the first time this year. The meeting also explored what would be required to extend the Vivid footprint to the North Sydney CBD. The conversation ranged from determining strategic objectives, through to obtaining sponsorship and potential themes for installations. The meeting was well attended by our local business community and the feedback I have received from attendees was that the idea of bringing Vivid to the North Sydney CBD deserved further investigation. Recommending: 1. THAT the post-Vivid 2014 report to Council include discussion of the ideas that emerged at the meeting held 7 May 2014. 2. THAT the record of the meeting be referred to the next meeting of the CBD Working Group. 3. THAT Vivid be included as a standing item on the CBD Working Group agenda.

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REPORTS

General G01: Councillor Workshop - Finance: Actions Rising - 6 May 2014

Report of Garry Ross, Financial Services Manager This report presents the actions arising from the Workshop held on 6 May 2014. Actions arising will addressed at the next Workshop. Recommending: 1. THAT the summary of actions arising from the Councillor Workshop - Finance held on 6 May 2014 be noted.

G02: Legal and Planning Committee - 12 May 2014

Report of Ian Curry, Governance Coordinator This report presents the recommendations of the last meeting of the Legal and Planning Committee held on 12 May 2014, for Council adoption. The minutes are attached for information. Recommending: 1. THAT the Current Appeals and Results - May 2014 report be received. 2. THAT the Draft Education Precinct Public Domain Masterplan be placed on public exhibition for 28 days. 3. THAT key stakeholders are thanked for their input to date and notified in writing of the exhibition. 4. THAT the outcome of the public exhibition of the Draft Education Precinct Public Domain Masterplan be reported back to Council with advice on implementing the scheme through the Delivery Program and budget estimates. 5. THAT extra lighting be provided along the pathway between McHatton Street and Bay Road. 6. THAT Council’s Team Leader - Design and the Strategic Planning staff be thanked for the quality of the report. 7. THAT the Careening Cove Precinct Plan - Progress Report be received. 8. THAT consultation with the Milson Precinct Committee and other key stakeholders commences in the third quarter of 2014. 9. THAT the 1A Plunkett Street, Kirribilli - Landscape Plan report be received. 10. THAT Council write to the neighbour of 1A Plunkett Street Kirribilli in light of the advice received. 11. THAT Council review landscape maintenance standard conditions of consent and incorporate any amended condition into Council’s standard Conditions of Consent Manual.

G03: Quarterly Budget Review - March 2014

Report of Darren Goode, Accounting Services Manager The purpose of this report is to inform Council of the results of the review of the budget for the quarter ended 31 March 2014 and to seek approval to make the

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necessary adjustments to the 2013/14 revised budget to reflect the current projected estimates of income and expenditure for the year. The net effect of the adjustments to the 2013/14 revised budget outlined in this report was the budget remaining in a balanced position at the end of the March quarter with net transfers to reserves of $13.8 million. Recommending: 1. THAT the Quarterly Budget Review Statement - March 2014 report be received. 2. THAT the recommended adjustments to the 2013/14 budget be adopted.

G04: Draft Asbestos Policy

Report of Fay Walker, WHS Advisor This report seeks the approval of the public exhibition of the Draft Asbestos Policy attached. This policy has been drafted in accordance with the Model Asbestos Policy and Guideline (2012) produced by the Office of Local Government. Minimal additional training required which will be covered by existing budget. Recommending: 1. THAT the Draft Asbestos Policy be placed on public exhibition for 28 days. 2. THAT should Council receive submissions, a further report be prepared for Council’s consideration. Should Council receive no submissions, Council consider the Draft Asbestos Policy as adopted at the end of the closing period for submissions.

G05: Report on Matters Outstanding from Council Resolutions

Report of Warwick Winn, General Manager A report on the current status of matters arising from Council resolutions up to the meeting of 28 April 2014 is presented. Recommending: 1. THAT the report be received.

G06: Independent Conduct Reviewer

Report of Jenny Gleeson, Acting Director Corporate Services To present the report of an Independent Conduct Reviewer following the Reviewer’s investigations into alleged breaches of the Conduct of Conduct by a Councillor. In accordance with Clause 8.45 within Appendix A of Council’s Code of Conduct - Councillors and Staff: The council is to close its meeting to the public to consider the final investigation report where it is permitted to do so under section 10A of the Act. Recommending: 1. THAT the report concerning the Conduct Reviewers Report be considered in Closed Session pursuant to section 10A (2)(a) of the Local Government Act 1993 that Council resolves to go into Closed Session in order to deal with a personnel matter.

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Division of Planning & Development Services PDS01: St Leonards Park Indoor Sports Centre Scoping Study

Report of Alex Williams, Team Leader - Policy and Megan White, Landscape Planner Council has received an unsolicited concept for an indoor sports centre within St Leonards Park. The concept was put forward by local resident and architect Michael Morgan and presents very preliminary graphics that incorporate an underground indoor sports centre with associated parking and roof-top open space on the eastern portion of St Leonards Park immediately adjacent to the Warringah Expressway. On 14 October 2013, Council resolved (Min. No.659): THAT Council undertake a feasibility study for an Indoor Sports Centre complex in St Leonards Park. This report constitutes the first stage in the feasibility study as requested by Council’s resolution. The report takes the form of a scoping study which seeks to provide decision makers with a summary of existing statutory requirements, policies and other Council documents relevant to the management and future development of St Leonards Park. This information is provided with the express purpose of providing a background for decision makers regarding the St Leonards Park indoor sports centre concept. The study outlines principles ascertained from a review of Council’s adopted strategic documents. These are recommended to guide any future redevelopment of the park:

The extent of existing open space should be maintained; The usability of existing areas of open space should be improved to allow

for a range of uses and an increase in carrying capacity; Any development should protect and/or contribute to, and not undermine,

the heritage qualities of the park; Views to Kirribilli and Sydney Harbour from St Leonards Park should be

preserved and where possible enhanced; and Council will engage the community on any future developments relating

to the establishment of an additional indoor sporting facility per Council's Community Engagement Policy and Protocol.

These guiding principles should be primary considerations in any subsequent design stages should the St Leonards Park indoor sports centre concept be progressed. Should any of these principles prove unachievable, it is recommended that the St Leonards Park indoor sports centre concept not proceed. This report also outlines the proposed methodology for undertaking further work in relation to this matter. It is proposed that further work be undertaken sequentially allowing for the gathering of necessary information, and if required, the allocation of funds for detailed consultant input, at appropriate stages:

Stage 1 - Scoping study (this report); Stage 2 - Recreation needs study;

It is intended that Stage 2 will constitute a report to Council on the findings of the Recreation Needs Study, which is due for completion in late 2014, specifically

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regarding the demand for an additional indoor sports centre. Only if demand is established should the project progress to subsequent stages, being:

Stage 3 - Site selection; Stage 4 - Concept design; Stage 5 - Strategic assessment and feasibility analysis; Stage 6 - Decision.

This process seeks to allow other sites to be considered as a location for a possible new indoor sports centre. This is considered appropriate given that, to date, no such identification and analysis of candidate sites has been undertaken. The staging of the feasibility study will allow for the gathering of appropriate information, the selection of an appropriate site and the dedication of funds for detailed consultant input, to be undertaken in a sequential and rational manner. It will allow Council to establish a strategic vision for an additional indoor sports centre in North Sydney and will form the basis for any future development application and development process. Recommending: 1. THAT upon completion of the Recreation Needs Study a report be presented to Council outlining:

The findings of the study in relation to the demand for an additional indoor sports centre in the North Sydney LGA; and

Should demand be established, a process to investigate and report on candidate sites within the LGA that could potentially accommodate an indoor sports centre.

2. THAT should the need for an indoor sports facility be established, Council engage with the community in accordance with Council's Community Engagement Policy and Protocol (Community Engagement Protocol) at the earliest possible juncture. 3. THAT should St Leonards Park be selected as the site of a new indoor sports centre, the following principles ascertained from Council’s adopted policy documents be used to guide any further investigations and designs:

The extent of existing open space should be maintained (Open Space Provision Strategy 2009);

The usability of existing areas of open space should be improved to allow for a range of uses and an increase in carrying capacity (Recreational Needs Study 2005);

Any development should protect and/or contribute to, and not undermine, the heritage qualities of the park (Conservation Management Plan 2013);

Views to Kirribilli and Sydney Harbour from St Leonards Park should be preserved and where possible enhanced (Development Control Plan 2013).

PDS02: Planning Proposal - 200-220 Pacific Highway, Crows Nest

Report of Ben Boyd, Executive Strategic Planner On 28 April 2014, Council considered an assessment of a Planning Proposal for the site known as 200-220 Pacific Highway Crows Nest. The Planning Proposal sought to amend the non-residential floor space ratio range requirements of North Sydney Local Environment Plan 2013 (NSLEP 2013) from 0.5:1 - 2:1 to 0.2:1 - 2:1. It was proposed to achieve this by amending clause 4.4A and the Non-

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residential Floor Space Ratio Range Map (LCL_001) to NSLEP 2013. The intent of the Planning Proposal was to allow the conversion of 6 approved serviced apartments to residential accommodation. The report recommended the following: 1. THAT Council resolve to forward the attached Planning Proposal to the Minister for Planning and Infrastructure in order to receive a Gateway Determination in accordance with Section 56 of the Environmental Planning and Assessment Act, 1979, subject to the following amendment: a. The non-residential floor space ratio range for the subject site be amended to 0.24:1 – 2:1. 2. THAT Council include a review of the non-residential floor space requirements of mixed use areas during the undertaking of the Planning Study for Precinct 4 of the St Leonards / Crows Nest Town Centres. 3. THAT Council undertake a planning study that reviews the non-residential floor space requirements of mixed use areas as required. 4. THAT Council undertake a review of planning controls relating to serviced apartments with the aim to amend Council’s planning controls so that developments incorporating serviced apartments do not undermine Council’s ability to meet employment targets. Council resolved (Min. No.124) to: 1. THAT Council include a review of the non-residential floor space requirements of mixed use areas during the undertaking of the Planning Study for Precinct 4 of the St Leonards / Crows Nest Town Centres. 2. THAT Council undertake a planning study that reviews the non-residential floor space requirements of mixed use areas as required. 3. THAT Council undertake a review of planning controls relating to serviced apartments with the aim to amend Council’s planning controls so that developments incorporating serviced apartments do not undermine Council’s ability to meet employment targets. Council did not make a resolution with respect to Recommendation No.1, on which the report relies. Accordingly, this report seeks Council’s determination with respect as to whether or not it should proceed with the Planning Proposal. Recommending: 1. THAT Council determine its position with respect to the Planning Proposal. In particular, that Council resolves to do one of the following: a. forward the attached Planning Proposal to the Minister for Planning and

Environment in order to receive a Gateway Determination in accordance with Section 56 of the Environmental Planning and Assessment Act, 1979, subject to the following amendment:

i. The non-residential floor space ratio range for the subject site be amended to 0.24:1 - 2:1.

b. defer the Planning Proposal from proceeding to Gateway Determination to enable the following to be undertaken:

i. Council include a review of the non-residential floor space requirements of mixed use areas during the undertaking of the Planning Study for Precinct 4 of the St Leonards / Crows Nest Town Centres.

c. refuse the Planning Proposal from proceeding to Gateway Determination.

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PDS03: Post-exhibition Report - Planning Proposal and draft Voluntary Planning Agreement - 7-19 Albany Street, St Leonards

Report of Alex Williams, Team Leader - Policy On 9 December 2013 Council resolved to forward a Planning Proposal to the Minister for Planning in order to receive a Gateway Determination. Council also resolved to exhibit the associated draft Voluntary Planning Agreement (VPA) concurrently with the Planning Proposal subject to it receiving a Gateway Determination. In particular, the Planning Proposal seeks the following amendments to North Sydney Local Environmental Plan 2013:

An increase in the maximum height control from 26 metres to 40 metres; The introduction of a maximum floor space ratio (FSR) control of 5.6:1.

The draft VPA contains provision for: A monetary contribution of $700,000 to be paid to Council for the

purposes of providing new public open space within Precinct 1 to the St Leonards / Crows Nest Planning Study Area;

A 3 metre setback from the Oxley Street frontage to allow for a widened footpath and outdoor seating;

A restriction on building height below the current permitted height on the western portion of the site to ensure a degree of solar access and privacy is provided for a number of existing residential units on the southern side of Pole Lane.

On 21 February 2014 a Gateway Determination was issued by a delegate of the Minister for Planning and Infrastructure allowing the Planning Proposal to be placed on public exhibition. The Gateway Determination also granted delegated authorisation to Council to directly request Parliamentary Counsel's Office to make the plan. The Planning Proposal and draft VPA were publically exhibited for 28 days from Thursday 6 March to Thursday 3 April 2014. A total of nine (9) submissions were received during the exhibition period, of which:

five (5) objected to the proposal; three (3) supported the proposal; and one (1) questioned the integrity of the legal mechanisms used to provide

the proposed built form and public benefit outcomes. The objections relate to concerns regarding potential amenity impacts, particularly view loss arising from the proposed increase in the building height control. Responses to submissions are included in the attached Submissions Summary Table (refer to Attachment 1). Whilst it is acknowledged that development carried out in accordance with the Planning Proposal will have an impact on views currently afforded from a number of existing units in the area, the impacts are considered to be consistent with those anticipated by the adopted St Leonards/Crows Nest Planning Study - Precinct 1. Furthermore, the proposal itself is consistent with, and helps facilitate, the outcomes envisaged by the Planning Study, including the significant public benefit to be delivered via the VPA. It is considered that the objections raised in submissions do not warrant changes to the subject Planning Proposal or associated draft VPA. The draft VPA has been amended to rectify minor drafting issues. The amendments are not considered to warrant re-exhibition of the draft VPA.

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Should the draft VPA be executed, it will result in the payment of $700,000 to Council to enable the provision of additional public open space in accordance with the St Leonards/ Crows Nest Planning Study - Precinct 1. Recommending: 1. THAT the General Manager be given delegation to execute the draft Voluntary Planning Agreement as amended. 2. THAT upon execution of the draft VPA as amended and receipt of a bank guarantee for the proposed monetary contribution towards new open space, having completed the community consultation requirements outlined in the Gateway Determination, Council forward the Planning Proposal unamended to Parliamentary Counsel with a request that a Local Environmental Plan be made in accordance with section 59 of the Environmental Planning and Assessment Act 1979, so as to give effect to the Planning Proposal.

PDS04: North Sydney Centre Marketing and Promotion Strategy

Report of Mark Yee, Strategic Planner Council at its meeting on 9 December 2013, resolved (Min. No.812) to appoint Frost to undertake the 'North Sydney Centre Marketing and Advertising Strategy'. The project forms part of the North Sydney Centre Review. To avoid copyright issues regarding the concept marketing and promotional material provided by Frost, it will be necessary to close the Council meeting to the public. Funding for this project was included in the adopted 2013/14 budget. Recommending: 1. THAT Council adopt the North Sydney Centre Marketing and Promotion Strategy from Frost. 2. THAT Council move into implementation of the North Sydney Centre Marketing and Promotion Strategy.

PDS05: Post exhibition report - Planning Proposal for 101-111 Willoughby Road, Crows Nest (Crows Nest Plaza)

Report of Kerry Gordon, Consultant Town Planner On 2 December 2013, Council resolved to forward a Planning Proposal to the Department of Planning and Infrastructure with a request for a Gateway Determination. The Planning Proposal was for 101-111 Willoughby Road, Crows Nest (Crows Nest Plaza) seeking to rezone a portion of Zig Zag Lane to B4 Mixed Use and set height limits for the development site, changing the height limits over the site from 10m-13m to 1m (Zig Zag Lane) - 26.5m (corner of Atchison Street and Willoughby Road. The Planning Proposal was accompanied by a Voluntary Planning Agreement detailing compensation for the sale of part of Zig Zag Lane and requiring the provision of publicly available parking and a public plaza. The Minister for Planning and Infrastructure subsequently issued a Gateway Determination requiring the Planning Proposal be on public exhibition for a minimum period of 14 days. As the Voluntary Planning Proposal was to be exhibited concurrently, the Planning Proposal was on public exhibition from 20 February 2014 to 20 March 2014. This report outlines the key points raised in these submissions and provides commentary on these points.

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A total of twenty two (22) submissions were received during the exhibition period, twenty (20) of which objected to the Planning Proposal and two (2) of which support the proposal. It is noted that the twenty two (22) submissions were on behalf thirteen (13) properties in Crows Nest and one (1) property in Chatswood, with one (1) submission from an unknown property and two (2) submissions were from Crows Nest Mainstreet. In response to consideration of the submissions, and as discussed throughout this report, it is recommended that changes be made to the Planning Proposal and Voluntary Planning Agreement. It is also recommended that Council review the height control of the land fronting the eastern side of Willoughby Road between Atchison Street and Chandos Street as a separate matter. The development assessment process will provide the opportunity to further assess many of the issues raised in the submissions to the Planning Proposal, with the assessment of the Planning Proposal required to focus on the appropriateness of changing the zoning and the proposed height limits. This post-exhibition report has been prepared by an external planning consultant in accordance with policies involving Council-owned land and assets. The recommendations for the progression of the planning proposal set out above are endorsed by staff. It is noted that a separate report on the public exhibition of the associated draft Voluntary Planning Agreement (VPA) for the subject site is listed on this meeting’s agenda for the consideration of Council. Recommending: 1. THAT having completed the community consultation requirements outlined in the Gateway Determination, Council resolves to forward the Planning Proposal, with the amendments outlined below, to the Minister for Planning and Infrastructure and request that a Local Environmental Plan be made in accordance with section 59 of the Environmental Planning and Assessment Act 1979, so as to give effect to the Planning Proposal. The Height of Buildings Map be amended as shown in Attachment 5 of this report; and That the proposed subclause (4.3(2C)) permitting a variation of the height control by up to 1m in any direction be deleted. 2. THAT Council enter into discussions with the application with a view to seeking the following changes to the Voluntary Planning Agreement: That the part of Zig Zag Lane to be sold be amended to exclude the portion of Zig Zag Lane required to maintain vehicular access to the rear of No. 78 Albany Street, permitting entrance and exit in a forward direction, either in its entirety or above ground level by way of a stratum subdivision of the land. 3. THAT Council resolves to consider the suitability of the current height control applying to the B4 zoned land fronting the eastern side of Willoughby Road between Atchison Street and Chandos Street as a separate matter, with a view to considering whether the height limit should be increased to 13m.

PDS06: Draft Voluntary Planning Agreement - Crows Nest Plaza

Report of Brad Stafford, Senior Strategic Planner - Urban Design At its meeting on 2 December 2013 Council resolved to publicly exhibit a draft voluntary planning agreement (VPA) for 101-111 Willoughby Road and portion of Zig Zag Lane, Crows Nest. The draft VPA proposes that:

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Coles Group Property Developments Ltd (Coles) construct a publicly accessible plaza of approximately 415m2 fronting Willoughby Road;

Coles redevelop the adjoining portion of Zig Zag Lane to include a dedicated pedestrian walkway separated from the roadway;

Coles construct and operate a public car park for a minimum of 140 cars with two hour free parking;

Coles make a monetary contribution of $1.1m to Council, representing the estimated shared profit over ten years of the proposed public car park; and

Coles purchase the adjoining portion of Zig Zag Lane from Council for $2.4m.

The draft VPA was publicly exhibited from 20 February to 20 March 2014 in concurrence with a planning proposal for the site, the details of which are contained within a report to this Council meeting authored by Kerry Gordon, the external planning consultant appointed to assess the planning proposal and submissions. Of the 22 submissions received during the exhibition period, one submission related specifically to the draft VPA, and is discussed in the body of this report. The report of Kerry Gordon recommends that the draft VPA be amended to ensure that the sale of Zig Zag Lane is executed in a manner that does not impact on the ability of adjoining residents’ vehicles to enter and exit the rear of their properties from and onto Ives Lane. This will require a relatively minor amendment to the VPA and does not alter the intent of key provisions of it. The financial implications have previously been reported to Council and are outlined in the in the report and detailed in the attachment Recommending: 1. THAT Council enter into discussions with the applicant with a view to seeking the following changes to the Voluntary Planning Agreement: That the part of Zig Zag Lane to be sold be amended to exclude the portion of Zig Zag Lane required to maintain vehicular access to the rear of No. 78 Albany Street, permitting entrance and exit in a forward direction, either in its entirety or above ground level by way of a stratum subdivision of the land. 2. THAT the General Manager be given delegation to execute the draft Voluntary Planning Agreement once amended as outlined above.

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Division of Community & Library Services CLS01: North Sydney Retirement Trust (James Milson Village)

Report of Martin Ellis, Director Community and Library Services The North Sydney Retirement Trust (NSRT) has amended its constitution (27 February 2014) and seeks Council's written approval (as they must - under the Lease, which runs until 2088). Among other things, the new constitution seeks to reduce the number of Council representatives from three to two - which at first glance is not an issue as we have gone for long periods with only one attending regularly. Council should agree in principle with the proposed reduction in numbers of directors conditional on the Uniting Church and Catholic Church accepting a similar reduction. However legal advice has indicated a number of difficulties with, and improvements that could be made to, the proposed new Constitution, for example. It has been highlighted to Council by NSRT that under the new constitution the most recently appointed director (Cr Barbour) needs to step down. It is considered that this would not be acceptable to Council and the choice of Council representatives should remain a decision of Council and not determined by the Constitution. Recommending: 1. THAT should the reduction in numbers of Council appointed directors be confirmed, Council nominates two Councillors as its representatives. 2. THAT a response as the reason why be sought from the North Sydney Retirement on any significant changes from the current to the new Constitution. 3. THAT Council delegates to the General Manager to negotiate changes recommended by Council’s legal advisors.

CLS02: North Sydney Art Prize 2015 - Update and Sponsorship

Report of Alison Clark, Arts and Culture Coordinator This report details changes to The North Sydney Art Prize scheduled to be held in 2015, as the result of the use of Hutley Hall from February to May for the State Election. It also outlines new sponsorship, in accordance with Council’s Corporate Sponsorship Policy. New sponsorship of $10,000 enables Council’s allocation of $10,000 to the main prize to be applied to additional Art Prize categories and event implementation. In summary, the 2013 Art Prize delivered sponsorship totaling approximately $21,000 including in kind support. 2015 potentially will deliver up to $31,000. Recommending: 1. THAT Council notes the unavailability of the Hutley Hall due the 2015 State election and the resulting decision to hold the Prize at the Coal Loader only. 2 THAT limitations of the venue means that paintings cannot be shown adequately (paintings requiring size and light) but that sculpture, drawings and photography will show off to good advantage, and that paintings will return to the Art Prize in subsequent years.

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2. THAT the confirmed sponsors be noted and accepted: Auswin TWT Development (new), Tenix Olbia Group (returning), Primrose Park Art and Craft Centre (returning) and Waverton North Sydney Club (returning). 3. THAT Council notes and supports approaches to the following (potentially returning) sponsors: Royal Art Society of NSW, Northbridge School of Visual Arts, Eckersleys and North Sydney Harbourview Hotel.

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Division of Engineering & Property Services EPS01: Traffic Committee Minutes - 2 May 2014

Report of Michaela Kemp, Acting Traffic Planning Manager This report presents the recommendations of the last meeting of the Traffic Committee held on 2 May 2014, for Council adoption. The minutes are attached for information. Recommending: 1. THAT Council install “2 Hour Parking 8.30am-6pm Mon-Fri Permit Holders Exempt” in Bydown Street from Lindsay Street to the northern boundary of No. 5 Bydown Street. 2. THAT in respect of Item 4.2(4), Council staff discuss with the applicant and investigate the possibility of installing a “concealed driveway ahead” sign, at the applicant’s expense. 3. THAT Council urgently install distinct “SLOW” & “SHARED ZONE” pavement markings in Shirley Lane. 4. THAT Council investigate the suitability of Shirley Lane as a shared zone, including a review of the speed humps and pavement treatments 5. THAT a report be tabled at the next Traffic Committee detailing the findings of this investigation. 6. THAT the existing pedestrian refuge on West Street, opposite St Thomas Rest Park, be upgraded to a pedestrian crossing as part of Council’s Integrated Traffic and Parking Strategy and Council’s Integrated Cycling Strategy. 7. THAT Council considers upgrading the exiting pedestrian refuge on Rosalind Street, west of Miller Street, as part of Council’s Integrated Traffic and Parking Strategy. 8. THAT a Children Crossing (symbolic) sign be installed on Palmer Street, both sides of the Abbott Street intersection. 9. THAT consideration be given to the installation of a Children Crossing (symbolic) sign at the intersection of Miller and Abbott Streets, North Sydney. 10. THAT Council install “8 Hour Parking, 8am-6pm Monday to Friday, Permit Holders Exempt” in the currently unrestricted parking areas in Elamang Avenue, Kirribilli for a trial period of 6 months. 11. THAT a further report be submitted to the Traffic Committee after the 6 month trial period. 12. THAT all affected residents be notified of the changes and informed of the availability of resident parking permits. 13. THAT Council staff remove the parking spots at the bends and investigate the relocation of the Go-Get car share parking spot in Raymond Road, to assist traffic flow. 14. THAT Council approve the installation of 45 ° angle parking treatments in both Holtermann Street and Burlington Street as detailed in the attached concept plans. 15. THAT Council approve, subsequent to the RMS approval of the detailed design plans, single-lane thresholds entry treatments (Slow Points) in Holtermann Street and Burlington Street, at Alexander Lane.

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16. THAT affected residents, including those in adjoining streets, be notified of the proposed traffic and parking changes in their streets. 17. THAT Council staff determine the safest option for angled parking, either rear to kerb or front to kerb. 18. THAT Council undertake traffic counts prior to and 6 months after implementation of the plan in the affected streets to gauge impacts on traffic diversion. 19. THAT Council raise no objection to the temporary closure of Alfred Street South, Milsons Point between Fitzroy Street and Glen Street from 4am Saturday 17 May 2014 until 7pm Sunday 18 May 2014 for the purposes of standing a mobile crane to erect a tower crane at the construction site at 74-80 Alfred Street South. Certified traffic controllers must be present to assist road users for the duration of the road closure. Approval is subject to Council’s standard conditions of closure including residents and businesses being notified a minimum of 7 days and also 48 hours prior to the road closure; and subject to no objection from Sydney Buses. 20. THAT Council raise no objection to back-up dates of Saturday 14th to Sunday 15th June 2014 in the event of inclement weather, subject to the applicant providing prior written advice of the intention to change the date, payment of relevant fees, Road Occupancy Licence, Police approval, no objection from Sydney Buses and notifications to residents and businesses in accordance with Council standard conditions of closure. 21. THAT the part-time school bus stop on the western side of Broughton Street be used a temporary bus stop on the proposed road closure days. 22. THAT the information (Delegated Authority) be received. 23. THAT the recommendations made for the remainder of changes in the parking restrictions be adopted. 24. THAT the recommendations made for the remainder of minor traffic investigations be adopted. 25. THAT the information on Car Share membership and usage data be received. 26. THAT the recommendations made for the installation of car share spaces be adopted. 27. THAT recommendations made for the standing items be adopted. 28. THAT the Abandoned Vehicles Processed Report be received. 29. THAT the information regarding the Vivid Festival - 23 May to 9 June 2014 be received.

EPS02: Council Own/Leased Properties: Leasing Transactions

Report of Hinako Nakata, Property Officer A report is submitted regarding the leasing transactions for Council’s owned and leased properties, for the period ending 9 May 2014. Rental income to Council will be received in the Property Budget. Recommending: 1. THAT Council notes the leasing transactions, which are detailed in Attachment A of this report. 2. THAT Council hereby authorises its Official Seal to be affixed to the legal instruments necessary to implement the proposed leasing transactions, which is

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noted in “Attachment A” of this report, under the signature of the Mayor and the General Manager.

EPS03: North Sydney Olympic Pool Complex Upgrade Masterplan -

Tender 7/2014

Report of John Butterworth, Projects Manager Tenders were called and were received until 4pm on Wednesday 2 April 2014 for the submission of consultancy team tenders to undertake the preparation of the Master Plan for the Upgrade of the North Sydney Olympic Pool Complex. In order for Councillors to discuss the content of this Commercial in Confidence report it will be necessary to close the Council meeting to the public. Funding for this consultancy work is committed in the 2013/14 and 2014/15 Financial Years’ budgets. Comment by Acting Director Corporate Services: Funding for the project is appropriate. Recommending: 1. THAT Council accept the tender of the highest ranked Tenderer for Tender 7/2014 for the consultancy team preparation of the North Sydney Olympic Pool Complex Upgrade Masterplan. 2. THAT Council hereby authorises its Official Seal to be affixed to Contract 7/2014 under the signature of the Mayor and the General Manager. 3. THAT information relating to the successful tender be published in Council’s Register of Contracts as required by Government Information (Public Access) Act 2009 - Part 3 Division 5 - Government Contracts With Private Sector.

EPS04: Submission of tenders for the Seawall Restoration Works -

Tender 23/2014

Report of Ashraf Doureihi, Senior Design and Investigations Engineer Tenders were called and were received until 4pm on 29 April 2014 for the submission of tenders for various seawall restoration works. In order for Councillors to discuss the content of this Commercial in Confidence report it will be necessary to close the Council meeting to the public. Funding for this project was included in the four year delivery program adopted by Council. Recommending: 1. THAT Council accept the tender of the highest ranked Tenderer for Tender 23/2014 -Seawall Restoration Works. 2. THAT Council hereby authorises its Official Seal to be affixed to Contract 23/2014 under the signature of the Mayor and the General Manager. 3. THAT information relating to the successful tender be published in Council’s Register of Contracts as required by Government Information (Public Access) Act 2009 - Part 3 Division 5 - Government Contracts With Private Sector. 4. THAT Council bring forward funds from the 2014/2015, 2015/2016 and 2016/2017 budgets respectively to do the works under Contract 23/2014.

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EPS05: Council Chambers Design - Response to Notice of Motion No. 56/13

Report of Duncan Mitchell, Director Engineering and Property Services

In response to Notice of Motion No 56/13 by Councillor Reymond, Council at its meeting held on 9 December 2013 (Min No. 803) resolved to call for a report on the late Harry Seidler’s plans for internal modifications to the ground floor offices of the current Council Chambers. The Notice of Motion also requested that the report should canvass reinstating the original 1903 exterior design (alcove and bay windows) in the ground floor location of Council chambers where the General Manager’s office is currently located. There is currently funding for accommodation improvements at Council Chambers and Offices in the 2014/15 budget. It is being requested that these funds be brought forward. Recommending: 1. THAT the recreation of the bay windows and alcove to the Drawing Room of the original “Kelrose” House (currently the General Manager’s Office) as designed and constructed in 1903 not proceed as the physical construction and recreation would be cost prohibitive and would impact on much needed staff accommodation on the ground floor of Council Chambers. The heritage significance of recreating such a small section of the building so that it is returned to look like how it was prior to 1961 would be negligible. Consideration would have to be given to recreating the entire McLaren Street frontage back to its original form to make any significant contribution to how “Kelrose” house looked prior to 1961. The significance and worthiness of such works would be of value if the original building fabric was still in existence and could be re-exposed and repaired back to its original state. However the original building fabric was demolished in 1961 and cannot be recovered. A recreation or replica of the original building fabric is considered far less significant from a building heritage perspective than restoring the original fabric. 2. THAT Council continue with its program of accommodation improvements and approve funds of $50,000 to be brought forward from the 2014/15 budget to fast track planning and design work for upgrading the existing Council Chambers and Offices at 200 Miller Street North Sydney.

COUNCIL - 19/05/14 OSE (17)

Division of Open Space & Environmental Services OSES01: NSROC Regional Waste Project Participation Report

Report of Joshua Hayden, Waste Management Officer This report has Council seeking approval of participation in a joint tender and unified contract arrangement with five other Northern Sydney Councils for waste disposal and processing services for Municipal Solid Waste (MSW), the related arrangements between councils, and the procurement strategy for calling and determining the tender. Council has already contributed funds to the establishment of the agreements and no further contributions are required to implement this recommendation. All costs in relation to this project will be funded under the Domestic Waste Management budget. Recommending: 1. THAT Council resolves to participate from 1 January 2018 in the Northern Sydney Councils Waste Services Alliance with Willoughby City Council, Hunter’s Hill Council, Lane Cove Council, Ku-rin-gai Council and City of Ryde Council by entering into a Participation Agreement which sets out how the Councils will make decisions in relation to the procurement and management of a joint Municipal Solid Waste processing and disposal contract; 2. THAT Council agrees to be party to engaging Local Government Procurement Pty Ltd through the Northern Sydney Regional Organisation of Councils to conduct the procurement process, as allowed for under section 55 (3) (a) of the Local Government Act 1993 and Local Government (General) Regulation 2005 - Regulation 163 (1A) 3. THAT Council agrees to the evaluation criteria for determining the Waste Disposal and Processing Services tender under the process set out in the Participation Agreement.

OSES02: Recreation Needs Study Steering Group - citizen member representatives

Report of Rob Emerson, Director Open Space and Environmental Services Council at its meeting of 28 April 2014 (Min No. 151): THAT to ensure the diversity of representation, a CV or short statement is sought from those who have already expressed interest, including those put forward by Councillor Beregi at the meeting held 28 April 2014, in participating in the Recreation Needs Study Steering Group, closing 7 days prior to the 19 May Council meeting. In accordance with the above mentioned resolution, a nomination form as well as a copy of the consultant brief was sent to all eight nominees. Completed nomination forms were received from the eight nominees by close of business 13 May 2014. Recommending: 1. THAT Council determine it position on this matter.

COUNCIL - 19/05/14 Correspondence (18)

PETITIONS

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CORRESPONDENCE

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COUNCIL - 19/05/14 NoM (19)

MOTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN

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COUNCIL - 19/05/14 Questions (20)

QUESTIONS WITH NOTICE

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QUESTIONS WITHOUT NOTICE

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