Ordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 22 April 2008

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 02 9399 0999 or

1300 722 542 (for Sydney metropolitan area)

Fax:02 9319 1510

general.manager@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council

22 April 2008

 

 

 

 

15 April 2008

 

 

 

Ordinary Council Meeting

 

Notice is hereby given that an Ordinary Council Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 22 April 2008 at 6:00pm.

 

 

Prayer and Acknowledgement of the local indigenous people

Prayer

Almighty God,

We humbly beseech you to bestow your blessings upon this Council and to direct and prosper our deliberations to the advancement of your glory and the true welfare of the people of Randwick and Australia.

Amen”

 

Acknowledgement of the local indigenous people

I would like to acknowledge that we are here today on the land of the Bidjigal people of the Dharwahal Nation.  The Bidjigal people are the traditional owners and custodians of this land and form part of the wider aboriginal nations of the Sydney area.  On behalf of Randwick City Council I would also like to acknowledge and pay my respects to the Elders both past and present.”

 

Apologies/Granting of Leave of Absences 

 

Confirmation of the Minutes  

 

Ordinary Council Meeting - 25 March 2008

 

Declarations of Pecuniary and Non-Pecuniary Interests

 

Address of Council by Members of the Public

Mayoral Minutes

 

Mayoral minutes (if any) will be issued and listed in a supplementary agenda.

 

Urgent Business

 

 

 

 

 

Director City Planning Reports

CP12/08    Maroubra Beach Urban Design Review

CP13/08    NSW Food Regulation Partnership

 

General Manager's Reports

GM7/08     Affixing of the Council Seal

GM8/08     Draft Randwick City Council Management Plan 2008-12

GM9/08     Lease of Retail Premises and Authority to Affix the Council Seal

 

Director City Services Reports

CS12/08    NSW Seniors Week Achievement Award 2008

CS13/08    Randwick City Council register of significant trees - 2008 Energy Australia National Trust Heritage Awards

CS14/08    Benvenue Street - Proposed Road Closures

CS15/08    Concept Design for the Upgrade of Mahon Pool Facilities

 

Director Governance & Financial Services Reports

 

GF16/08    Investment Report - March 2008.......................................................... 65

GF17/08    Investments - The Cole Inquiry Report  

 

Petitions

Motion Pursuant to Notice

 

NM10/08    Motion Pursuant to Notice by Cr Procopiadis - Half Road Closure of Lenthall Street, Kensington

NM11/08    Motion Pursuant to Notice by Cr Nash - YMCA's NSW Youth Parliament Program 2008

NM12/08    Motion Pursuant to Notice by Cr Nash - Formation of the Kingsford/Kensington LATM Implementation Committee

NM13/08    Motion Pursuant to Notice by Cr Matson - Proposed Expansion of Resident Preferred Parking Scheme in  the Judge Street Area  

 

Confidential

GM10/08    Draft Randwick City Council Management Plan 2008-12: Confidential Fees and Charges

This matter is considered to be confidential under Section 10A(2) (c) Of the Local Government Act, as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. (In accordance with s404(5) of the Local Government Act 1993, fees and charges for the services provided by this program have not been published as they could confer a commercial advantage to a competitor of Council. )

 

 

 

 

 

 

GF18/08    Professional Consultancy Services - Tender No T01/2008

This matter is considered to be confidential under Section 10A(2) (d) Of the Local Government Act, as it deals with commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

  

Notice of Rescission Motion

NR3/08      Notice of Rescission Motion by Councillors Seng, Kenny & Nash - Planning Committee Meeting - 8 April, 2008 - Item D17/08 -  Development Application Report - 212 Arden Street, Coogee  

 

 

 

 

 

……………………………………………………

 

 

Ray Brownlee

General Manager

 


Ordinary Council

22 April 2008

 

 

 

Director City Planning Report No. CP12/08

 

 

Subject:                  Maroubra Beach Urban Design Review

Folder No:                   F2006/00355

Author:                   Kerry Kyriacou, Manager Development Assessment     

 

Introduction

 

Council at its Ordinary meeting held on 24 October 2006 resolved (Mayor, Cr. P. Tracey) that:

 

c)     Council commence a review of the Local Environmental Plan and Development Control Plans for Maroubra Beach commercial centre bounded by McKeon to Fitzgerald, Marine Parade to Fenton Street, including the Broad Arrow Reserve and consider the provision of a community centre as part of that process, and that the facility be included in the draft S94 Plan currently being prepared, for the funding of this facility.

 

Council engaged SJB Planning and Architects in March 2007 to undertake an urban design review of a key block within the existing Maroubra Beach commercial centre Development Control Plan (DCP) and relevant provisions within the Randwick Local Environmental Plan 1998 (LEP) and extended to include a number of properties zoned residential 2C along Fenton Ave.  SJB Planning and Architects is a firm of highly qualified and experienced town planners and architects. The draft Study included a discussion on the study area, the surrounding locality, the existing controls pertaining to the block, opportunities and constraints, three urban design options and a number of recommendations. The options were developed from discussions with key stakeholders and were presented to the Maroubra Beach community.

 

The draft study was reported to Council on 4 December 2007 where it was resolved:

 

(Matson/Tracey) that:

 

a)     Council endorse Option 3 as the long term preferred option and direct the General Manager to begin discussions with South East Area Health in relation to the relocation of the Ambulance Station and Option 1 as the alternative preferred solution; and

 

b)     Council endorse placing the draft Maroubra Beach Commercial Centre Review on public exhibition for a period of 8 weeks – from mid January to mid March 2008.

 

The draft study was placed on public exhibition for the period stipulated above and closed on 14 March 2008. A high level of community interest and involvement has occurred throughout the study preparation with Council receiving 117 submissions in response to the public exhibition of the plan.

 

At the Ordinary Council meeting held on 25 March 2008, Council in response to a motion pursuant to notice by Councillor Matson resolved:

 

(Matson/Woodsmith) that Council:

 

a)     notes the Maroubra Beach and South Maroubra Precinct Committee’s issues with the Maroubra Beach Urban Design Review; and

 

b)     will arrange for a Council report to come to Councillors as soon as possible, both prior to the completion of the assessment process and prior to the next Council election in September, assessing and differentiating both the precincts views and the views of the general community and how they will impact on the exhibited designs.

 

This report addresses the above resolution in relation to the key issues raised from the public exhibition and the potential impact on the built form options contained in the draft study. On the basis of the significant community objection to any changes to the built form controls in the study area, it is recommended that Council not proceed with the amendment of the Randwick LEP 1998 and DCP - Maroubra Beach controls as recommended by the draft study.

 

Issues

 

Community Consultation

 

An extensive communication and consultation program has been integral to the preparation of the study, aiming to involve the community and all stakeholders throughout the process. Initial stakeholder consultation was undertaken with the Maroubra Beach Precinct committee, Maroubra Seals Club, the largest private landowner, NSW Ambulance Service, State Transit Authority (STA) and Maroubra Chamber of Commerce.

 

Three options for the review area were displayed at a public stall at Maroubra Beach where a couple of hundred people viewed the options. Approximately 70 members of the community completed a written survey. The survey asked the community to select a preferred option and to provide comments on key issues, general comments on the redevelopment of the block and what people would like to see in a community facility. A full summary of the comments received is provided as part of the draft Study. The following is a summary of the main points:

 

Option

Community member’s preference

Option 1

10

 

Option 2

13

 

Option 3

12

 

No preference

3

 

None of the options

30

 

 

 

Community preferred aspects:

 

   4 storey development in line with Hotel

   Reduction in the building bulk of the Seals club

   Community facility

   Improved amenity and architecture

   Street appearance improvements

   Relocation of ambulance station

   Welcome any redevelopment

 

Community identified issues:

 

   Community facility in the adjoining park

   Density is too high / will lose community feel

   Overshadowing & wind tunnel

   Traffic and parking impact

   View loss for existing residents

   No serviced apartments

   The options are an eyesore

   Development should be within existing controls

   Do the options reflect a predetermined design?

   Not enough infrastructures to support more development

 

Generally the community were divided between which option was preferred, and many respondents preferred there to be no change in building envelope within the block.

 

Following Council’s resolution of 4 December 2007, the draft study was exhibited for a period of 8 weeks ending on 14 March 2008. Council received 117 submissions in response to the public exhibition of the plan including two submissions from the Maroubra Beach Precinct Committee. The responses were overwhelmingly in opposition to the draft study. The issues raised in the submissions are summarised below:

 

Objections

 

·         Inappropriate increase in Height and Scale;

·         Increased traffic and parking;

·         Increased density and FSR are excessive;

·         Lack of landscaped area;

·         Increased overshadowing;

·         No building in open space/ exclude Broadarrow Reserve from review;

·         Ambulance Station should remain;

·         Planning strategy should coincide with LEP template;

·         Poor strategy (No planning objective);

·         Density equates with greater social problems;

·         Community Centre should be within Surf Club or nearby;

·         Whole of McKeon Street should be included in study;

·         Parking rates should be increased for new development;

·         Inadequate options;

·         Loss of views;

·         Fenton Avenue acts as a buffer;

·         No affordable housing;

·         Vehicular access should be from Mons Avenue;

·         Increased commercial development will encourage fast food franchises;

·         No public transport;

·         No sustainability objectives;

·         Impact on surfing reserve;

·         Seals Club should be reduced in height;

·         Loss of “Village Feel”;

·         Wind impacts;

·         Flooding impacts;

·         Community Centre should be combined with ambulance and police;

·         Options only benefit two landholders;

·         Out of character with Coastal setting;

·         McKeon Street facades should be retained;

·         Need for public toilets and Police Station;

·         Displacement of long term residents;

·         Current controls should be retained;

·         Stepped design with increased height;

·         Community Centre should be available to the surfing community and in place of the ambulance station;

·         Community Centre should be part of the new development;

·         Serviced apartments inappropriate;

·         Need for social mix;

·         Subject to SEPP 71;

·         Surf  and sand erosion

·         5m setback to McKeon Street is inappropriate;

·         Lack of advertising of the proposal.

 

Support

 

·         Improve the liveliness and design quality of Maroubra Beach;

·         Lack of parking due to no limits restricting parking;

·         Businesses are struggling and need Maroubra Beach to be upgraded;

·         Plan should make the area more attractive and bring a positive vibe;

·         All options are preferable to current state of Maroubra Beach;

·         Village environment is a myth;

·         Improve visual amenity;

·         Reduced height of Seals;

·         Increased setbacks at McKeon street;

·         Preference for option 1 and 1A;

·         Rezone Fenton Avenue;

 

Alternative options presented by the Maroubra Beach Precinct Committee

 

The Maroubra Beach Precinct Committee has provided the following principles and alternative options in their submission:

·      That the entire beachfront should not be built up significantly higher than the Maroubra Bay Hotel façade, absolutely no more than 13 metres in height;

 

·      That floor area ratio limits need to be maintained to break up the bulk of

development along the beachfront and street front; and

 

·      That Broadarrow Reserve remains a park and that no zoning or planning changes allowing any sort of development within it are acceptable.

 

Recommendation 1

 

·      That Council resolve that any new or amended Development Control Plan and any new or amended development controls are not to apply to Broadarrow Reserve, and that the Reserve should remain publicly-owned, undeveloped land.

 

Recommendation 2

 

That Council re-open its decision of December 2007 on its ‘preferred’ and ‘alternative’ option to consider the following fourth option in addition to the three proposed in the draft Maroubra Beach Commercial Centre Review.

 

Option 4a

Option 4b

·      Retain C residential zoning for Fenton Ave nos. 1A -15

·      Retain the current floor space ratio of 2:1 for the remaining business zoned area between Marine Parade, Mons Avenue, and Fenton Avenue McKeon, to limit the bulk of new development.

·      Amend the enforced height limit from 12m to 13m to enable an increase in ceiling heights consistent with contemporary standards.

·      Require setbacks of 5m from street alignment for the fourth level of buildings.

·      Alter the Development Control Plan controls so as to eliminate the option to obtain an extension any higher than 13m under a SEPP 1 Objection. This total height restriction of 13m for all development in the site area should specify that construction be limited strictly to a final total of four storeys, including one ground storey retail and three residential above it.

 

·         Rezone the side of Fenton containing the odd numbers 1A -15 from 2C residential to 3B local business.

·         Apply a floors pace ratio no higher than 1.5:1 to the entire area enclosed by Fenton, Mons, Marine, and McKeon, to limit the bulk of new development in this rezoned area. (This is the floor space ratio governing the comparable, overdeveloped beachfront block in Coogee, the one containing the Coogee Bay Hotel.)

·         Amend the enforced height limit from 12m to 13m to enable an increase in ceiling heights consistent with contemporary standards. Require setbacks of 5m from street alignment for the fourth level of buildings.

·         Alter the Development Control Plan controls so as to eliminate the option to obtain an extension any higher than 13m under a SEPP 1 Objection. This total height restriction of 13m for all development in the site area should specify that construction be limited strictly to a final total of four storeys, including one ground storey retail and three residential above it.

 

Recommendation 3

 

To ensure due process, before Council proceeds any further with the current Maroubra Beach Urban Design Review, the General Manager should publicly report on:

 

·      the procedure being followed in the potential rezoning of this land, as recommended by ICAC in 1995 regarding questionable development control revisions in Randwick Council, and

 

·      how the current Maroubra Beach Urban Design Review links (if at all) with the preparation of a new LEP and a comprehensive DCP for the Randwick Council area.

 

Recommendation 4

 

Council should consider, as part of the process for possible development control changes under the Maroubra Beach Commercial Centre Review, engaging an independent, accomplished and respected town planning firm to:

 

a.    assess the impact of the different options, including 4a and 4b, on such items as:

 

·      traffic

·      transport

·      parking for residents of the site, local residents, and visitors,

·      the social fabric and public amenity (including public facilities), and

·      the environment (including coastline management);

 

b.    advise on the most appropriate way to create a village centre and a ‘greater domain for public dining’ in the commercial centre, given the specific features of the site and social context;

c.    assess how options 1-3, and 4, fit in with plans already in place or Maroubra Beach area such as the beach management plan, and;

d.    provide a public report and make recommendations on matters (a) – (c).

 

Recommendation 5

 

Council should reconsider its decision about the location of the Community Centre, and establish a process involving appropriately skilled and informed community representatives to develop the brief for the centre and explore funding mechanisms. This process should also examine improving or extending existing facilities for use as a community centre, as possible alternatives to any entirely new structure.

 

Recommendation 6

 

That Council include in the DCP a requirement that all development must follow the guidelines of ‘The Residential Flat Design Code' as published by Planning NSW.

 

Recommendation 7

Council should seek the advice of an Independent Design Panel for all future development in the area enclosed by Fenton, Mons, Marine, and McKeon when a Development Application is submitted, as is standard practice for major development in key urban sites within the greater Sydney area.

 

Council should require the panel to consider at least compliance with DCP requirements, environmental and community impacts and the quality and appropriateness of materials and design. To ensure transparency, Council should make the panel report publicly available, and include a copy of the panel’s report when the DA is presented to Council for any decision.

 

The key issues raised in the submissions are discussed below.

 

Height

 

There has been significant concern raised in the submission over the issue of increased heights in the town centre.  The current height controls under the Randwick LEP 1998 and the DCP permit 12m (four storeys) and 15m with a SEPP 1 objection (five storeys), respectively. The draft study concluded that four or five storey development in this location is considered to be of a sufficient height to enable redevelopment within the centre, and does not warrant any significant increase in height.  The recommended increase in height of 1m was only proposed so that reasonable floor to ceiling heights could be provided consistent with best practice and the design quality principles of SEPP 65. 

 

The heights of buildings are necessarily constrained by their relationship to the street width and overshadowing impacts. The width of the road reserves around the study area would allow for a 4 storey scale at the street edge with a setback to a 5th storey in strategic sections, providing for a comfortable relationship, stronger definition to the street pattern. Further, the adoption of a predominantly ‘street wall’ edge at the recommended increased height would promote a coherent building scale consistent with the recent developments in the northern part of the town centre. The suggestion in the submissions that buildings should step back at each level is not supported as it will encourage a ‘wedding cake effect’ or ‘ziggurat’ form to the buildings which increases their perceived bulk when viewed from a distance.

 

The increase in height of 1m would only result in minimal additional overshadowing and a negligible effect on views. Moreover, the new envelope for the Seals Club would open up a panoramic view and significantly improve the visual amenity of the locality.

 

If the proposed heights are reduced, the resultant built form controls are unlikely to provide the economic incentive to promote new development or building upgrades. It would also result in a considerable difference in height between that of the existing Seals Club (21m) and any new development (13m). Such a relationship would further emphasise the intrusive bulk and scale of the Seals club by creating an abrupt transition in scale. 

 

Floor Space Ratio & Zoning

 

The draft study provides a different approach to the current use of a Floor Space Ratio (FSR) and maximum height to control building scale and bulk in the Maroubra Beach Town Centre.

 

To ensure better design in new buildings, DCPs are now increasingly applying a ‘building envelope’ approach, which defines the height, depth and width of buildings suitable to the particular location. This approach addresses bulk and scale of development as well as taking into account environmental amenity impacts such as overshadowing and view sharing. The draft study made the following findings in relation to the floor space ratio controls in the town centre study area:

 

“Under the 2C zoning, the Fenton Avenue properties are restricted to a FSR of 0.9:1 for sites of 700sqm or more and 0.65:1 for sites less than 700sqm. The existing residential flat buildings at No.s 1A, 5, 7 and 9 Fenton Avenue have site areas of approximately 440sqm and FSRs of approximately 0.8:1. Given the lot sizes, it appears that the existing 2 storey residential flat buildings are near the maximum development potential under the existing controls. Given this lack of further development potential, such buildings are unlikely to be redeveloped, especially where the buildings have been strata subdivided and are in multiple ownership. In view of the constraints applied by the existing FSR controls, change and improvement within the review area will only come about if there are changes to the controls, providing some development incentive. Rather than increase the existing FSR controls, it is recommended that the FSR control be removed and development be controlled by building envelope controls as occurs under the Maroubra Junction DCP and the provisions of SEPP 65. The scale and density of development would then be determined by the height and setback controls and DAs would be assessed on their merits. From our review of these parameters, mixed commercial/residential development would generally achieve an FSR of not more than 2.5 or 2.6:1. However rather than providing a higher FSR control, removing the control altogether encourages flexibility, removes a preoccupation with maximum FSR and encourages innovation to achieve  good design.”

 

The proposed increase in the floor space ratio is primarily as a result of the incorporation of the Fenton Ave properties into the Local business zone so that there are greater opportunities for consolidation of lots and redevelopment. The draft study concluded that;

 

“This context of 2C Residential zoned land surrounded by 3B Local Business on 3 sides is considered to constrain the potential for change and improvement within the Centre, due to potential impacts on the adjoining residential and sensitive interface it creates. It would be preferable if such residential land could be amalgamated or incorporated as part of a more coordinated redevelopment of the whole street block. If the 2C Residential zoned land were to be rezoned to 3B Local Business, it would provide a more simplified planning framework removing any interface between the two zones and their associated uses. If the Fenton Avenue properties were to be rezoned to a 3B Local Business zoning, this may provide a greater impetus for lot amalgamations and redevelopment. The objective of such a change to zoning is not to increase the provision of commercial properties or amount of retail space, but rather to provide greater flexibility for the access to mixed commercial/residential properties from Fenton Avenue.”

 

The properties along Fenton Ave in the study area are integral to the functioning of the commercial centre due to the subdivision pattern and the fact they adjoin a disused service lane that dissects the study area. However, their location at the zone interface creates a potential conflict with new development in the commercial zone and as a consequence reduced amenity, due to the density and built form of development that is provided for under the current controls in the commercial centre. The integration of these properties with neighbouring lots in the commercial centres provides the potential for suitably sized and configured new mixed use development lots and allows removal of the rear lane that currently poses a significant safety and security risk for properties that adjoin the lane. The argument that the Fenton Street properties act as a buffer to the surrounding residential development cannot be sustained as the road reserve in Fenton Ave would effectively perform this function under the draft study by providing an adequate separation distance and a transition in scale from 15m in the study area to 12m in the Residential 2c zone on the western side of Fenton Ave.

 

The inclusion of the Fenton Ave properties in the local business zone would also facilitate the Seals Club expanding into this part of the study area in a new building with a significantly reduced height (13m). It should also be noted that Fenton Ave would remain predominantly residential in character.

 

Any reduction in the maximum permissible FSR to 1.5:1 in conjunction with a decrease in maximum permissible height to 13m would not provide for a reasonable level of development potential and is therefore unlikely to promote any improvement in the urban fabric of the Maroubra Beach Commercial centre.

 

Landscaped Area

 

The reduction in the landscaped area requirement for the Fenton Ave properties is commensurate with the change from a residential flat building typology to a mixed use development type. Mixed use development by its nature relies less on a quantum of landscaped area given its increased density to that of a residential flat development. Notwithstanding, the study provides for generous areas of communal open space above the basement podium of the building and controls could be introduced that require sufficient depth of soil above the slab to enable the growth of mature trees and a variety of other soft landscaping.

 

Broadarrow Reserve and Community Facility

 

Broadarrow reserve was introduced into the study area only the basis of determining whether a community facility would be suitable on the reserve, given that community facilities are permissible uses in the 6A Open Space zone. Whilst the draft study proposes as an option the location of a community facility on the reserve, it is not proposed that any another development would be considered on the reserve and its status as public open space will not change.

 

Planning Process

 

The draft study was in response to Council’s resolution to undertake a review of the planning controls in the Maroubra Beach Commercial Centre. Such environmental studies are a necessary precursor to the development of statutory planning instruments. Should the recommendations of the study be adopted then Council will begin the statutory steps involved in amending the relevant planning instruments in conjunction with the preparation of the new comprehensive LEP and DCP.

 

In relation to the referral of DAs for design advice, Council regularly seeks the advice of the Randwick-Waverly Design Review Panel in relation to mixed use applications within commercial centres in accordance with the provisions of SEPP 65 – Design Quality of Residential Flat Development.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

Direction 4a:      Develop contemporary design guidelines and programmes.

 

Outcome 6:       A liveable City.

Direction 6f:              Distinct neighbourhoods that meet the needs of our community as places to work, shop, live and socialise.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

 

Conclusion

 

It is considered that the draft study provides an appropriate strategic approach to managing future development within the study area and will provide a sound basis for establishing controls to improve the built form and enhancing the function, viability and amenity of the town centre. Notwithstanding the above, the statutory planning process allows local communities to determine the desired future character of their localities through planning instruments such as LEPs and DCPs. These planning policies are an expression of the subjective preferences of a local community and should therefore be given considerable weight. In view of the significant community opposition to the proposed options it is recommended that the relevant land use and built form controls in RLEP 1998 and the DCP – Maroubra Beach Commercial Centre not be amended.

 

Recommendation

 

That Council not proceed with the recommendations in the Draft Maroubra Beach Commercial Centre Review.

 

Attachment/s:

 

1

Draft Maroubra Beach DCP Review - UNDER SEPARATE COVER

 

 

 


Ordinary Council

22 April 2008

 

 

 

Director City Planning Report No. CP13/08

 

 

Subject:                  NSW Food Regulation Partnership

Folder No:                   F2004/08221

Author:                   Roman Wereszczynski, Manager Health, Building & Regulatory Services        

 

Introduction

 

Amendments were recently made to the NSW Food Act 2003 and Food Regulation 2004 effective 1 January 2008, which established the Food Regulation Partnership.

 

The Food Regulation Partnership introduces a regulatory framework between the NSW Food Authority (the Authority) and local Councils for the implementation of food safety regulations, programs and requirements in the State.

 

The Partnership aims to:

 

·      Achieve improve levels of food safety for consumers, with a reduction in foodborne illness caused by the retail sector

·      Clarify the roles and responsibilities of local government in food regulation

·      Improve food safety co-ordination between Councils and the Authority (eg avoiding duplication of food premises inspections)

·      Enable quicker responses to food recalls and emergencies

·      Establish a forum for consultation and training

 

The Partnership has been developed in consultation with local government over the past few years, in response to the review of the NSW food regulatory system carried out by the Hon. John Kerin in 2002

 

The Partnership will also establish a mandatory framework and role for local government, including the introduction of mandatory inspections of food businesses, assisting with food recalls and emergencies, investigation of complaints and reporting of Council’s food safety activities to the Authority.

 

Issues

 

Prior to the establishment of the Partnership, Councils food safety activities and inspections were not actually prescribed in any Regulation. However, most Councils in NSW do undertake inspections of food businesses in their area, in accordance with the powers available under the Food Act and other legislation, principally in the interests of community safety.

 

Most Councils have appointed authorised Environmental Health Officers to undertake a range of environmental health activities, including the inspection of food businesses and enforcement of food safety regulations and standards in their area.

 

In addition, the NSW Food Authority (and previously the NSW Department of Health) also carry out various roles and responsibilities relating to food businesses, food manufacturers and food regulation in the State. One of the key aims of the Partnership is to clarify the roles and responsibilities of the Authority and Councils to avoid duplication and provide an effective framework to implement food safety across the State.

 

There are approximately 630 food premises in the City of Randwick and Council’s Environmental Health Officers aim to inspect at least 80% of all food businesses in the City this year. In 2008/09, all registered food businesses must be inspected at least once and other additional specified roles will also have to be carried out to satisfy the Partnership.

 

Randwick City Council has 6 Environmental Health Officers and the regulation and inspection of food premises accounts for approximately 20% of their current environmental health activities.

 

Approximately one-third of foodborne illness in NSW is attributed to the retail food sector and the economic impact of foodborne illness in this sector is estimated at $760 million per year. Foodborne illnesses can have a serious health impact and in some cases, potentially life threatening consequences for those affected.

 

By clarifying the roles and responsibilities, the Partnership aims to achieve greater consistency in food regulation across all Council areas and provide for improved levels of food safety for consumers.

 

The Authority has requested each Council in the State to nominate the category of functions to be exercised as an enforcement agency under the Food Act and Regulation, having regard to the Council’s resources, skills and its ability to fulfil the roles and responsibilities under the Partnership.

 

The key roles and responsibilities of each category under the Partnership are:

 

Category A

 

·      Minimum role for Council as an enforcement agency

·      Urgent food safety matters, food recalls and emergencies

·      Reporting of activities to the Authority

 

Category B

 

·      Standard role for Council as an enforcement agency

·      Category A responsibilities

·      Inspections of all retail and food service sector businesses

·      Food recall investigations

·      Medium and low-risk food complaint investigations

·      Investigation of single-case foodborne illness incidents

 

Category C

 

·      Higher role for Council as an enforcement agency

·      Category A & category B responsibilities

·      Additional roles and responsibilities determined in consultation with the Authority (eg inspection of non-licensed food manufacturers)

 

The majority of Councils in NSW have or are likely to nominate Category B, as their desired role as an enforcement agency under the Partnership.

 

The activities identified under Category B are generally similar to Randwick City Council’s existing food safety activities. Although the Partnership will necessitate Council’s EHO’s to undertake additional inspections, activities and reporting to the Authority.

 

The Regulations also provide greater scope for Councils to charge appropriate fees and charges for their inspections and associated regulatory activities, principally on a cost-recovery basis.

 

Further details on the Food Partnership and associated roles, responsibilities are contained in the “Pathway to Partnership” attached to this report.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:  6 – A Liveable City.

Direction:  6c – The safety of our community is paramount and is acknowledged and supported through proactive policies, programs and strategies.

 

Financial impact statement

 

The financial impacts associated with the implementation of the Food Regulation Partnership can be provided for in Council’s existing budget process.

 

Conclusion

 

The Food Regulation Partnership will provide a robust framework for the co-ordination of food regulation activities across NSW. The Partnership will provide greater consistency across all Council areas and avoid duplication of activities.

 

The Partnership will also provide for safer food for consumers and reduced incidence of foodborne illness in the community.

 

The Partnership also places greater responsibilities on local Councils, which will require ongoing monitoring and management to ensure that each Council can fulfil its role under the Partnership.

 

 

 

Recommendation

 

That:

 

a.     the Director City Planning report on the NSW Food Regulation Partnership be noted, and

 

b.     the NSW Food Authority be advised that Randwick City Council has nominated the enforcement agency functions identified in Category B as the preferred role under the Food Act and Food Regulation Partnership for Randwick City Council.

 

Attachment/s:

 

1View

NSW Food Regulation Partnership - Pathway to Partnership Part 1 - January 2008

21 Pages

 

 

 


NSW Food Regulation Partnership - Pathway to Partnership Part 1 - January 2008

Attachment 1

 

 





















  


Ordinary Council

22 April 2008

 

 

 

General Manager's Report No. GM7/08

 

 

Subject:                  Affixing of the Council Seal

Folder No:                   F2004/06336

Author:                   Sharon Plunkett, Property Coordinator     

 

Introduction

 

Clause 400 (Part 13) of the Local Government (General) Regulation 2005 requires that the Seal of the Council must not be affixed to a document unless the document relates to business of the Council and the Council has resolved (by resolution referring to the document) that the Seal be so affixed.

 

Issues

 

It is necessary for the Council’s Seal to be affixed to the signing of agreements between Council and:

 

1.     Coogee Legion Ex-Service Club Limited in relation to an airspace lease over the balcony above 204-210 Arden Street, Coogee.

2.     Malabar Boat Owners & Sea Rescue Club & Malabar RSL Sub-Branch Club Ltd in relation to a licence over the boat ramp and boat store area at 2R Bay Parade, Malabar.

3.     Rosa Vizza (T/As Café Ciao) in relation to a licence for the purpose of outdoor dining at 41 Perouse Road, Randwick.

4.     Tarik Ors (T/As ATA Turkish Restaurant) in relation to a licence for the purpose of outdoor dining at 303/132 Maroubra Road, Maroubra.

5.     A residential tenant in relation to a lease of Unit 3/32 Belmore Road, Randwick.

6.     A residential tenant in relation to a lease of Unit 2/32 Belmore Road, Randwick.

7.     A residential tenant in relation to a lease of Unit 1/32 Belmore Road, Randwick.

8.     A residential tenant in relation to a lease of 26-28 Waratah Avenue, Randwick.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 7:       A Liveable City that Balances Growth and Change.

Direction 7f:      Town Centres that meet the needs of our community as places to work, shop, live and socialise.

 

Financial impact statement

 

In signing of these agreements, Council will receive the following income:

 

1.     An airspace lease agreement with Coogee Legion Ex-Service Club Limited will generate an annual income of $3,006.00 + GST.

2.     A licence agreement with Malabar Boat Owners & Sea Rescue Club & Malabar RSL Sub-Branch Club Ltd will generate an annual income of $1,516.65 + GST.

3.     A licence agreement with Rosa Vizza (T/As Café Ciao) will generate an annual income of $1,583.40 + GST.

4.     A licence agreement with Tarik Ors (T/As ATA Turkish Restaurant) will generate an annual income of $1,656.00 + GST.

5.     A residential lease agreement for Unit 3/32 Belmore Road, Randwick will generate an annual income of $13,296.48.

6.     A residential lease agreement for Unit 2/32 Belmore Road, Randwick will generate an annual income of $12,200.04.

7.     A residential lease agreement for Unit 1/32 Belmore Road, Randwick will generate an annual income of $12,999.96.

8.     A residential lease agreement for 26-28 Waratah Avenue, Randwick will generate an annual income of $39,519.96.

 

Conclusion

 

As Clause 400 (part 13) of the Local Government (General) Regulation requires that the Council pass a resolution authorising the Affixing of the Seal, it is necessary for this action to take place to facilitate legal formalities.

 

Recommendation

 

That the Council’s Seal be affixed to the signing of agreements between Council and:

 

1.     Coogee Legion Ex-Service Club Limited in relation to an airspace lease over the balcony above 204-210 Arden Street, Coogee.

2.     Malabar Boat Owners & Sea Rescue Club & Malabar RSL Sub-Branch Club Ltd in relation to a licence over the boat ramp and boat store area at 2R Bay Parade, Malabar.

3.     Rosa Vizza (T/As Café Ciao) in relation to a licence for the purpose of outdoor dining at 41 Perouse Road, Randwick.

4.     Tarik Ors (T/As ATA Turkish Restaurant) in relation to a licence for the purpose of outdoor dining at 303/132 Maroubra Road, Maroubra.

5.     A residential tenant in relation to a lease of Unit 3/32 Belmore Road, Randwick.

6.     A residential tenant in relation to a lease of Unit 2/32 Belmore Road, Randwick.

7.     A residential tenant in relation to a lease of Unit 1/32 Belmore Road, Randwick.

8.     A residential tenant in relation to a lease of 26-28 Waratah Avenue, Randwick.

 

Attachment/s:

 

Nil

 

 


Ordinary Council

22 April 2008

 

 

 

General Manager's Report No. GM8/08

 

 

Subject:                  Draft Randwick City Council Management Plan 2008-12

Folder No:                   F2007/00621

Author:                   Anne Warner, Coordinator Integrated Planning     

 

Introduction

 

Section 402 of the Local Government Act 1993 requires each council to prepare a draft management plan each year, setting out:

 

(a)    The Council’s activities for at least the next 3 years, and

(b)    The Council’s revenue policy for the next year.

 

The Act specifies in more detail the information that is to be included in the draft management plan:

 

s403 Contents of draft management plan with respect to Council's work and activities

 

(1)    The draft management plan must contain the following statements with respect to the council's activities for the period to which it relates:

 

·        a statement of the principal activities that the council proposes to conduct

·        a statement of the objectives and performance targets for each of its principal activities

·        a statement of the means by which the council proposes to achieve these    targets        

·        a statement of the manner in which the council proposes to assess its performance in respect of each of its principal activities

·        statements with respect to such other matters as may be prescribed by the regulations.

 

(2)    The statement of principal activities must include the following particulars:

·        capital works projects to be carried out by the council

·        services to be provided by the council

·        asset replacement programs to be implemented by the council

·        sales of assets to be conducted by the council

·        activities of a business or commercial nature to be undertaken by the council

·        human resource activities (such as training programs) to be undertaken by the council

·        activities to properly manage, develop, protect, restore, enhance and conserve the environment in a manner that is consistent with and promotes the principles of ecologically sustainable development

·        activities in response to, and to address priorities identified in, the council's current comprehensive report as to the state of the environment and any other relevant reports

·        programs to be undertaken by the council to implement its equal employment opportunity management plan.

 


s404 Contents of draft management plan with respect to Council's revenue policy

 

(1)      A draft management plan must include the following statements with respect to the council's revenue policy for the next year, subject to the regulations:

·           a statement containing a detailed estimate of the council's income and expenditure

·           a statement with respect to each ordinary rate and each special rate proposed to be levied

·           a statement with respect to each charge proposed to be levied

·           a statement of the types of fees proposed to be charged by the council and the amounts of each such fee

·           a statement of the council's pricing policy with respect to the goods and services provided by it

·           a statement of the amounts or rates proposed to be charged for the carrying out by the council of work on private land

·           a statement of the amounts of any proposed borrowings (other than internal borrowing), the sources from which they are proposed to be borrowed and the means by which they are proposed to be secured

·           statements with respect to such other matters as may be prescribed by the regulations.

 

(2)      The statement with respect to an ordinary or special rate proposed to be levied must include the following particulars:

§  the ad valorem amount (the amount in the dollar) of the rate

§  whether the rate is to have a base amount and, if so

-    the amount in dollars of the base amount, and

        -    the percentage, in conformity with section 500, of the total amount payable by the levying of the rate, or, in the case of the rate, the rate for the category or sub‑category concerned of the ordinary rate that the levying of the base amount will produce

§  the estimated yield of the rate

§  in the case of a special rate‑the purpose for which the rate is to be levied

§ the categories or sub‑categories of land in respect of which the council proposes to levy the rate.

 

(3)      The statement with respect to each charge proposed to be levied must include the following particulars:

§  the amount or rate per unit of the charge

§  the differing amounts for the charge, if relevant

§  the minimum amount or amounts of the charge, if relevant

§  the estimated yield of the charge.

 

(4)      A draft management plan must include a statement containing a general estimate of the council's income and expenditure for the second and subsequent years for which the draft management plan is prepared.

 

(5)      The statement of fees and the statement of the pricing policy need not include information which could confer a commercial advantage on a competitor of the Council.

 

s405 Public notice of draft management plan

(1)      A council must give public notice of its draft management plan

(2)      The period of public exhibition must not be less than 28 days

(3)      The public notice must specify that submissions may be made to the council at any time during the period of public exhibition

 


s406 Adoption of management plan

Before the end of each year, a council must adopt a management plan for the following year after it has been prepared and exhibited. In deciding on the final plan to be adopted, a council must take into consideration any submissions that have been made concerning the draft management plan prepared and exhibited.

 

Issues

 

Provided under separate cover is the Draft 2008-12 Randwick City Council Management Plan including the five-year projections, a detailed Draft estimate of income and expenditure and a copy of the Draft Statement of fees, charges and pricing policy.

 

The Draft Management Plan describes the strategic direction of Council and provides a management tool for the ongoing implementation of the 20 year Randwick City Plan.

 

The Budget for 2008-09 proposes a balanced and sustainable budget. It is proposed that there will be an increase in the net operating surplus and increased spending on core works and activities.

 

In accordance with the Code of Accounting Practice and Financial Reporting (April 2005) and in accordance with the requirements of AAS27, the allocation of overheads to functions and activities have been adhered to.

 

Expenses that are directly attributable to each function have been allocated in accordance with AAS 27 paragraph 79 (b).

 

The Minister for Local Government announced on 4 April 2008 that the rate pegging limit for 2008-09 would be 3.2%.  Council has based its budget on taking up the full 3.2% increase.

 

The documents attached to this report provide detailed information and projections of the source and application of funds, operating result from ordinary activities, and the estimated balances of financial reserves. 

 

Stormwater Management Service Charge

Randwick City Council is proposing to introduce a Stormwater Management Service Charge to establish a sustainable funding source aimed solely at providing for improved stormwater management across Randwick City. Stormwater Management can be defined as managing the quantity and quality of stormwater runoff from a catchment with the aim of:

 

·           minimising stormwater impacts on aquatic ecosystems;

·           minimising flooding impacts; and

·           utilising stormwater as a water resource.

 

Randwick Council will provide improved stormwater management services with the revenue raised through the Stormwater Management Service Charge. This will appear as a separate charge on the 2008-09 Rate Notices. A range of charges are proposed depending on the type of property as detailed:

 

·           Residential property - $25 per annum (approximately 48 cents per week)

·           Residential strata property - $12.50 per annum (approximately 24 cents per week)

·                Business property - $25 per annum plus an additional $25 for each 350m or part thereof by which the parcel of land exceeds 350m.

 

The proposal to introduce a Stormwater Management Service Charge is detailed extensively in the Draft 2008-12 Randwick City Council Management Plan, and was prepared as per the Stormwater Management Service Charge Guidelines (Department of Local Government, 2006).

 

Domestic Waste Management Charge

Under S.496 of the Local Government Act 1993, Council must make and levy an annual charge for providing domestic waste management services. Under S.504 of the Act, income from the charge must not exceed the reasonable cost to Council of providing those services. The domestic waste management charge is proposed to increase from $339.70 to $351.60 for each residential occupancy.

 

The increased domestic waste charge will provide for existing services, the ongoing operation of the Recycling Centre and the rehabilitation of a major landfill site at Frenchman’s Bay.

 

Environmental Levy

In 2004-05 the Minister approved a special increase to General Income of 14.73%. This increase incorporated an environmental levy equivalent to 6% of the 2004-05 rate increase, to fund a comprehensive range of environmental programs and initiatives with the aim of achieving a substantial enhancement of Randwick’s environment.  The environmental funding was approved for a 5 year period and is included in the 2008-09 Budget and outlined in the Draft 2008-12 Randwick City Council Management Plan.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 1:       Leadership in Sustainability.

Direction 1a:      Council has a long term vision based on sustainability.

Direction 1d:      Continuous improvement based on accountability, transparency and good governance.

 

Financial impact statement

 

Council is in a strong financial position and with the implementation of the Long Term Financial Plan the Council will be well placed and financially sustainable in the future.

 

Conclusion

 

The Draft 2008-12 Randwick City Council Management Plan and the associated documents are now tabled for Council’s consideration.  Following the adoption of these drafts, the Draft Management Plan must be placed on public exhibition for a minimum of 28 days.

 

Recommendation

 

That:

 

(a)      the Draft Management Plan, and attachments as outlined below, be placed on public exhibition for not less than 28 days, from 1 May 2008 to 29 May 2008, inviting submissions from the public;

 

(b)      at the conclusion of the period of public exhibition a meeting of Council is held to consider any submissions made concerning the Draft Plan, and after taking into consideration such matters, as it considers relevant, Council adopt the Management Plan; and

 

(c)      In accordance with the Code of Accounting Practice and Financial Reporting (April 2005) Section 9.5, in respect to each broad function of council, expenses that can be reliably attributed have been allocated to that function (AAS 27 paragraph 79 (b)).

 

Attachment/s:

 

1

Draft Randwick City Council 2008-12 Management Plan

 

2

Draft Budget 2008-09

 

3

Draft Capital Works Program 2008-09

 

4

Draft General Fees & Charges 2008-09 - ALL UNDER SEPARATE COVER

 

 

 

 


Ordinary Council

22 April 2008

 

 

 

General Manager's Report No. GM9/08

 

 

Subject:                  Lease of Retail Premises and Authority to Affix the Council Seal

Folder No:                   F2004/07367

Author:                   Sharon Plunkett, Property Coordinator     

 

Introduction

 

The lease agreement for Shop 3 at Bowen Library, 669-677 Anzac Parade, Maroubra expired on 15 March 2008.

 

This report provides details in regard to the new lease negotiated and addresses the requirement for execution and affixing of the seal.

 

Clause 400 (Part 13) of the Local Government (General) Regulation 2005 requires that the Seal of the Council must not be affixed to a document unless the document relates to business of the Council and the Council has resolved (by resolution referring to the document) that the Seal be so affixed.

 

Issues

 

Mr Vincent Xuereb trading as Eastside Ceramics has occupied Shop 3 at Bowen Library, 669-677 Anzac Parade, Maroubra under a lease since 16 March 1998.

 

The retail lease to Mr Vincent Xuereb expired on 15 March 2008.  Mr Xuereb expressed an interest in entering into a new lease over the premises.

 

Mr Xuereb subsequently had a change of heart and decided to sell his business.  The business has been purchased by Liferun Pty Ltd, guaranteed by Angela and John Chezzi.

 

A three (3) + two (2) year retail lease has now been prepared in accordance with the Retail Leases Act 1994 and commences on 10 April 2008.  The rental payable under the agreement is at a competitive market retail rate.

 

It is necessary for Council’s Seal to be affixed to the signing of the agreement between Council and Liferun Pty Ltd.

 

Council also received an approach from the Junction Neighbourhood Centre to take a lease over Shop 3.  The Junction Neighbourhood Centre moved from Level 2 at Bowen Library to a temporary location in Waratah Street, Randwick, whilst the building works for the HACC facility were undertaken.  The Junction Neighbourhood Centre then relocated to Shop 1 and Level 2 at Bowen Library.

 

When the lease for Shop 2 expired with the previous tenant, The Junction Neighbourhood Centre expanded into Shop 2 and vacated the Level 2 premises.  The current lease for The Junction Neighbourhood Centre over Shops 1 & 2 was prepared in accordance with Council’s adopted Community Facilities Management Policy and a rental subsidy of 70% determined.  A commercial decision was made not to enter into a lease with The Junction Neighbourhood Centre in light of the offer made by Liferun Pty Ltd to lease the retail premises at market rental.

 


Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 7:       A Liveable City that Balances Growth and Change.

Direction 7f:      Town Centres that meet the needs of our community as places to work, shop, live and socialise.

 

Financial impact statement

 

In signing the retail lease agreement with Liferun Pty Ltd, Council will receive an annual income of $62,419.14 + GST.

 

Conclusion

 

As Clause 400 (part 13) of the Local Government (General) Regulation requires that the Council pass a resolution authorising the Affixing of the Seal, it is necessary for this action to take place to facilitate legal formalities.

 

Recommendation

 

That Council grants authority to affix the Council seal to the three (3) + two (2) year lease agreement with Liferun Pty Ltd over the premises at Shop 3, 669-677 Anzac Parade, Maroubra.

 

Attachment/s:

 

Nil

 

  


Ordinary Council

22 April 2008

 

 

 

Director City Services Report No. CS12/08

 

 

Subject:                  NSW Seniors Week Achievement Award 2008

Folder No:                   F2004/08383

Author:                   Barbara Todes, Manager Library Services     

 

 

Introduction

 

The Randwick City Library Service’s Seniors Strategy, which involved community consultation in the planning of services, collections and programs for seniors, has resulted in the development of the highly successful program “The Next Chapter”, which was launched in March 2007. This program was successfully nominated by two local residents for the 2008 NSW Seniors Week Achievement Awards.

 

Issues

 

“The Next Chapter” program evolved from data gathered from a 2006 community consultation focus group “Library Services to Older Adults” and a survey distributed at the 2007 Seniors Expo, gauging the needs and interest of the target group. “The Next Chapter” program supports lifelong learning and provides ongoing workshops, information talks and cultural activities.

 

The program includes:

 

Cyberwise Workshops – (Five standalone workshops catering for beginners to advanced level):

 

·           Silver Surfers Internet Basics

·           Silver Surfers First Step to Email

·           Using the Internet Smartly in Everyday Life

·           Google Demystified

·           Email Plus

 

Half Time Sports Club – Many libraries struggle to attract men. This Club helps to bridge the gap by providing sporting enthusiasts with regular catch ups with experts in the field. Although the Club attracts both men and women, the vast majority of attendees are men, many of whom have not attended library events before.

 

Gold Card CircleMonthly activities are held to promote and share local history. Themes include Randwick City Council’s 150 Anniversary and book discussions.

 

Showcase – This is a forum for local writers, poets and artists to meet regularly to share ideas and present their work to a larger audience. The Library provides a venue to showcase their masterpieces and performances.

 

Get creative – Handicraft workshops on origami, knitting, gardening, card making etc are arranged for the creatively minded.

 

Information talks – on topics relevant to seniors in the community are held monthly. The talks focus on issues such as: Health and well-being, Finance and retirement planning, digging up roots – genealogy, law and welfare.

 

A number of relationships with community groups have been established to assist with the running of programs as well as disseminating information. Outreach community case workers, the Randwick Women Writer’s Group and the Coast Seniors Centre have been particularly involved with the project. The Library also attends the Council’s “Older People Reference Group” regarding the provision of services to local seniors. Information regarding the community’s needs is gathered at these meetings and translated in “The Next Chapter” programs.

 

The success of the program is evidenced by the overwhelming popularity of the events, networking opportunities it has created for the creative community and the success of the Cyberwise workshops in increasing the computer literacy of this age group.

 

On 6 March 2008, Randwick City Library Service received a 2008 NSW Seniors Week Achievement Award. This prestigious honour – a State Award – is in recognition for outstanding contributions made to the community in the filed of Education/Lifelong Learning.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 5:       Excellence in recreation and lifestyle opportunities.

Direction:            Library programmes, resources and facilities provide innovative and inspirational opportunities for education and leisure.

Key Actions:      Our libraries will continue to be central to community involvement and interaction.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

Randwick City Library Services program for seniors, “The Next Chapter”, supports lifelong learning through the provision of workshops, information sessions and events that inspire and challenge active minds. The impact of this highly successful program has been recognised by the State, which has awarded Council a 2008 NSW Seniors Week Achievement Award for outstanding contributions make to the community in the field of Education/Lifelong Learning.

 

Recommendation

 

That the report be received and noted.

 

Attachment/s:

 

Nil

 

 


Ordinary Council

22 April 2008

 

 

 

Director City Services Report No. CS13/08

 

 

Subject:                  Randwick City Council register of significant trees - 2008 Energy Australia National Trust Heritage Awards

Folder No:                   F2004/07359

Author:                   Bryan Bourke, Tree Management Officer     

 

 

Introduction

 

Council’s Register of Significant Trees is a comprehensive four-part document drafted by landscape, environmental and heritage consultants on behalf of Randwick City Council which contains 897 trees on both public and private land which have been assessed as being culturally and historically significant and worthy of long-term protection and retention.

 

Issues

 

In recognition of the importance of this document it was nominated for the 2008 Energy Australia National Trust Heritage Awards in the category of Conservation – Landscape Heritage.

 

These awards recognise individuals, government departments, commercial organisations and community groups who have completed an outstanding conservation project within the nominated year.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 7:         Heritage that is protected and celebrated.

Direction 7a:      Our heritage is recognised, protected and celebrated.

Key actions:      Research and recognise those areas of our natural/cultural, maritime and Aboriginal heritage that are not fully documented.

 

Financial impact statement

 

There are no financial implications associated with this report.

 

Conclusion

 

Now in their fifteenth year, the prestigious Energy Australia National Trust Heritage Awards recognise success in preserving, restoring or interpreting Australia’s natural, built and cultural heritage. Projects nominated must have been completed in 2007 within New South Wales to be eligible and all nominated projects were assessed by a panel of industry experts in March, 2008.

 

Council’s Register of Significant Trees received a Conservation Landscape Heritage award.

 

The panel noted in its award citation that “this study was commendable for the way it analyses the processes, interactions and relationships that have shaped Randwick’s landscape character and identifies its significant trees. It is an excellent example for other Councils to follow.”

 

Recommendation

 

That the report be received and noted. 

 

Attachment/s:

 

Nil

 

 


Ordinary Council

22 April 2008

 

 

 

Director City Services Report No. CS14/08

 

 

Subject:                  Benvenue Street - Proposed Road Closures

Folder No:                   F2004/07140

Author:                   Joe Ingegneri, Co-ordinator Assets     

 

Introduction

 

In January 1996, Council received a letter from the owner of 32 Benvenue Street, Maroubra asking to purchase a strip of road reserve next to his property.

 

This matter was reported to Council on 4 June 1996.  The report outlined the proposed road closure to part of Benvenue Street, Maroubra. Council resolved to:

 

Make application to close and sell the section of Benvenue Street as shown in Attachment (B) of the Director of Engineering Services’ report dated 20 May 1996, subject to:

 

a)  All survey and legal costs being borne by the applicant.

b)  A mutually acceptable valuer be retained by council and paid for by the applicant to determine the value of the subject land.

c)  The applicant ensuring that none of the utility authorities including the Gas Company, energy Australia, Telstra etc. have any objections to the closure and sale of the subject land.

d)  The applicant advising the Council of the acceptance of all the above conditions and providing Council with payment of the application fee and all other fees required by the department of Land and Water Conservation.

 

Council recently received a letter from the owner of 32 Benvenue Street, Maroubra accepting the conditions set by Council regarding the partial road closure and sale. 

 

Given the amount of time that has passed since the Council resolved this matter in 1996, it is considered appropriate that the matter be considered by the current Council.

 

Attachment 1 shows the section of Benvenue Street that is proposed to be closed.

 

Issues

 

Location

The section of road reserve that is being considered for closure is located on the north western corner of Benvenue Street and Moverly Road.  It is next to the splay corner for the property at 32 Benvenue Street. The splay corner was created to improve sight distance for motorists.

 

At present the splay is 9.144 m x 9.144 m.  It was previously assessed that the splay could be reduced to 5.64 m x 5.64 m.  This could provide an additional 24.24 m2 to 32 Benvenue Street.  The reduced splay will not impact sight distance for motorists or pedestrian access.

 

Part of the road reserve has shrubs and other landscaping planted near the property boundary. 

 

Legislative Process

Part 4 of the Roads Act, 1993, outlines the process for the closing of a road. The roads authority may make application for the closing of a road to the Minister via the NSW Department of Lands.  The section of road in question is a local road for which Randwick City Council is the Roads Authority.  However, the Council is required to consent to the closure of the road.

 

Following receipt of an application, the Department of Lands will advertise the proposed closure and invite submissions.  The Minster will then make a decision on the proposed closure.  Should the closure be approved, the land that was previously vested in Council as local roads remains vested in Council.  The Council may then sell the land at an appropriate value.

 

Costs

There are costs associated with the application to the Department of Lands, preparation of survey plans and valuation of the land.  There may also be costs associated with relocation of services.

 

These and any other costs should be borne by the applicant.

 

Assessment

There are no current plans nor does it appear that there are opportunities to utilise this section of road. Currently the land is within the footway but is not accessible by pedestrians because of the landscaping planted within the subject land.

 

The reduced splay will not impact sight distance for motorists or pedestrian access.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 6:        A Liveable City.

Direction 6a:       Our public assets are planned, managed and funded to meet the community expectations and defined levels of service.

Key Action:         Assets are managed strategically to deliver intergenerational equity and to meet Council’s obligation as the custodian of our community’s assets.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

As the section of road reserve in question is not utlilsed by vehicular or pedestrian traffic there would be no loss of amenity to the residents of Randwick if this portion of road reserve was transferred to the ownership of the adjoining resident.

 

It would therefore be appropriate for Council to consider the request from the owner of 32 Benvenue Street, Maroubra to purchase the land.


 

Recommendation

 

That Council approve the proposed closure for part (24.24m2) of Benvenue Street, Maroubra adjacent to 32 Benvenue Street for the purposes of selling the land subject to:

 

a)     All survey and legal costs being borne by the applicant.

b)     Council briefing its own valuer to set a reasonable value for the land in question.

c)     The applicant demonstrating that none of the utility authorities including AGL, Energy Australia, Telstra etc. have any objections to the closure and sale of the subject land.

d)     The applicant advising the Council of the acceptance of all the above conditions and providing Council with payment of the application fee and all other fees required by the NSW Department of Lands prior to Council making application for this closure.

 

Attachment/s:

 

1View

Benvenue Street - Map of the proposed purchase of land

 

 

 

 


Benvenue Street - Map of the proposed purchase of land

Attachment 1

 

 

 


Ordinary Council

22 April 2008

 

 

 

Director City Services Report No. CS15/08

 

 

Subject:                  Concept Design for the Upgrade of Mahon Pool Facilities

Folder No:                   F2007/00043

Author:                   Mark Shaw, Manager Technical Services     

 

Introduction

 

Council at its meeting held on 25 March 2008, resolved in respect Director City Services Report CS8/08 Concept Design for the Upgrade of Mahon Pool Facilities that:

 

(Matson/Woodsmith) that this matter be deferred to the meeting at which the budget is being considered to allow for consideration by Councillors of a long term financial analysis of the proposal.

 

Issues

 

A financial analysis of the proposal and the original report are attached.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 6 :      A Liveable City.

Direction 6a:      Our public assets are planned, managed and funded to meet the community expectations and defined service levels.

 

Key action:       Assets are managed strategically to deliver intergenerational equity and to meet Council’s obligation as the custodian of our community’s assets.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

Plans have now been prepared that illustrate the proposal in sufficient detail to enable the initial public consultation process together with the commencement of the Plan of Management Review Process.  The Department of Lands now needs to be advised that Council seeks to make an amendment to the Maroubra Beach Plan of Management to effect the inclusion of a café/kiosk above Mahon Pool within Jack Vanny Memorial Reserve.

 

The results of the financial analysis show Council will break even on the cost of construction after 9.5 years if Council funds the construction and will make of profit of approximately $1.5M after 20 years of operation. If the kiosk is constructed by the lessee the break even point is approx 13 years and the final net income is approximately $67,000 after 20 years of operation.

 

 

 

 

 

 

Recommendation

 

That the report be received and noted.

 

Attachment/s:

 

1View

Director City Services' Report dated 25 March 2008

3 Pages

2View

Mahon Pool Cafe-Kiosk Proposal - Amended Concept Design 1

1 Page

3View

Mahon Pool Cafe-Kiosk Proposal - Amended Concept Design 2

1 Page

4View

Mahon Pool Cafe-Kiosk Proposal - Amended Concept Design 3

1 Page

5View

Letter from Department of Lands dated 25 September 2007

1 Page

6View

Mahon Pool Financials

3 Pages

 

 

 


Director City Services' Report dated 25 March 2008

Attachment 1

 

 

 

Director City Services Report No. CS8/08

 

 

Subject:                  Concept Design for the Upgrade of Mahon Pool Facilities

Folder No:                   F2007/00043

Author:                   John  Calvani, Coordinator Parks and Recreation     

 

Introduction

 

Council at its meeting held on 28 February 2006, adopted the following Mayoral Minute:

 

6.6 MAYOR'S MINUTE 6/2006 - MAHON POOL AND THE MAROUBRA BEACH PLAN OF MANAGEMENT OVERVIEW. (F2004/07343)

 

RESOLUTION: (His Worship the Mayor, Cr T. Seng) that Council allocate $3,000.00 for the amendments to the plan and $30,000.00 for an architectural concept plan in the 2006/2007 budget for engagement of appropriate consultants to undertake review of the Maroubra Beach Plan of Management Overview and preparation of concept plans where required.

 

MOTION: (His Worship the Mayor, Cr T. Seng) CARRIED

 

Issues

 

1.         Amendment to the Plan of Management

Prior to continuing with the public exhibition phase of the concept plans and undertaking processes to amend the Maroubra Beach Plan of Management, the plans required revision in order to fully accommodate the requirements of the Maroubra Seals Winter Swimming Club (being existing users of the facility).

 

The revised plans now provide for replacement public amenities equivalent to the existing facilities together with replacement facilities for the Maroubra Seals Winter Swimming Club.  The plans also feature a café/kiosk with both indoor and outdoor seating opportunities. The concept design is described in more detail later in this report. Attached to this report are the revised concept plans and an artist's impression of the proposal for the amenities building and café.

 

The reserve falls under the Maroubra Beach Plan of Management. The development of a café/kiosk at the Mahon Pool site will require an amendment to the existing Plan of Management (POM) for the reserve as this would be an additional purpose for the reserve. An adopted plan of management may authorise an additional purpose, however the Crown Lands Act 1989 sets out the consultation and other processes that must be followed in the preparation of a POM that authorises an additional purpose. Community consultation and public exhibition of the amendments are required to fulfil the legislation. The process is a lengthy one which is estimated to take in excess of six months.

 

Following the review of the POM and subject to its approval by both Council and the Department of Lands, Council would be required to submit a development application for the proposed café/kiosk.  The development assessment process would again seek submissions from the community as part of the public exhibition process.

 

The construction of café/kiosk in public reserves is permissible under Department of Lands Policy and rezoning of the reserve would not be required under this proposal.  By letter dated 25th September, 2007, the Department of Lands wrote to Council in relation to this proposal and in part, advised that:

 

The Department views food and beverage outlets as acceptable uses on public recreation reserves and supports local council initiatives to improve local amenity for the broader community.  In addition, this current proposal (café) may present an opportunity for the department to enter into a partnership arrangement with council to develop the site.  In this regard, I would like to discuss this matter further with Council.

 

Discussions have been held with Department Officers and a formal response is now required to initiate the Plan of Management review process.

 

2.         Concept Design of the Facilities

 

The concept design for the improved Mahon Pool facilities incorporates a kiosk/café. New change rooms with indoor showers and toilets, built to contemporary standards are proposed for both the public and swimming club members.

 

The orientation to the north-east takes advantage over the Pacific Ocean, Jack Vanny Reserve, and the Mahon Pool below. The proposed café/kiosk has both indoor and covered outdoor seating areas. The indoor seating area can be closed off to the northeast and northwest to suit wind and weather conditions.

 

The location of the new buildings is very similar to those of the existing building. The footprint of the new facilities including the café/kiosk is approximately 170 sq metres. The existing buildings combined have a footprint of approximately 140 sq metres.

 

The proposal is for steel framed structures with a finish suited to the site and its exposed position. The material used will be robust and need only low maintenance. Vandal proofing of the structure .fittings and fixtures will be an important aspect of the final design.

 

Relationship to City Plan

 

The relationship to City Plan is as follows:

 

Outcome 6:             A Liveable City

Direction: 6a:          Our public assets are planned, managed and funded to meet the community expectations and defined service levels.

Key Action:             Assets are managed strategically to deliver intergenerational equity and to meet Council’s obligation as the custodian of our community’s assets.

 

Financial Impact Statement

 

There is no direct financial impact for this matter at the present time.

 

The preliminary estimate for the building is in the vicinity of $900 000. Funding for this project has not been included in the 08/09 Draft Budget.

 

Conclusion

 

Plans have now been prepared that illustrate the proposal in sufficient detail to enable the initial public consultation process together with the commencement of the Plan of Management Review Process.  The Department of Lands now needs to be advised that Council seeks to make an amendment to the Maroubra Beach Plan of Management to effect the inclusion of a café/kiosk above Mahon Pool within Jack Vanny Memorial Reserve.

 

Recommendation

 

That:

 

a)     Council advise the Department of Lands that Council seeks to make an amendment to the Maroubra Beach Plan of Management to effect the inclusion of a café/kiosk above Mahon Pool within Jack Vanny Memorial Reserve.

 

b)     Council approves the Concept Design for the Upgrade of Mahon Pool Facilities.

 

Attachment/s:

 

1

Mahon Pool Cafe/Kiosk Proposal - Amended Concept Design - 1

1 Page

2

Mahon Pool Cafe/Kiosk Proposal - Amended Concept Design - 2

1 Page

3

Mahon Pool Cafe/Kiosk Proposal - Amended Concept Design - 3

1 Page

4

Letter from Department of Lands dated 25 September 2007

1 Page

 

 

 

 


Mahon Pool Cafe-Kiosk Proposal - Amended Concept Design 1 /

Attachment 2

 

 

 

 


Mahon Pool Cafe-Kiosk Proposal - Amended Concept Design 2 /

Attachment 3

 

 

 

 


Mahon Pool Cafe-Kiosk Proposal - Amended Concept Design 3 /

Attachment 4

 

 

 

 


Letter from Department of Lands dated 25 September 2007

Attachment 5

 

 

 

 


Mahon Pool Financials

Attachment 6

 

 



 

 

 



Ordinary Council

22 April 2008

 

 

 

Director Governance & Financial Services Report No. GF16/08

 

 

Subject:                  Investment Report - March 2008

Folder No:                   F2004/06527

Author:                   Greg Byrne, Manager Financial Operations     

 

Introduction

 

The Local Government (General) Regulation requires that the Responsible Accounting Officer provide a written report to the ordinary meeting of the Council giving details of all monies invested and a certificate as to whether or not the investments have been made in accordance with the Act, the regulations and Council’s Investment Policy.

 

Issues

 

Council is authorised by s625 of the Local Government Act to invest its surplus funds. Funds may only be invested in the form of investment notified by Order of the Minister dated 23 September 2005. The Local Government (General) Regulation prescribes the records that must be maintained in relation to Council’s investments.

                         

The attached table titled “Investment Performance Report – March 2008” outlines the investment portfolio held by Council as at the end of March 2008. All investments have been made in accordance with the Act, Regulations and Council's Investment Policy.

 

Investment Commentary

 

The size of the investment portfolio may vary significantly from month to month as a result of cash flows for the period. Cash outflows (expenditure) are typically relatively stable from one month to another. Cash inflows (income) are cyclical and are largely dependent on the rates instalment due dates and the timing of grant payments including receipt of the Financial Assistance Grant.

 

The investment portfolio decreased by $2.82 million during March 2008. The increase is representative of negative cash flow for the month as expenditure exceeded revenue. The next rate instalment of 2007/2008 is due 31 May 2008.

 

Expenditure during the period was incurred for capital works, payroll and miscellaneous expenses. Main income sources were rates income, grants and miscellaneous fees and charges.

 

 

 

 

 

The above graph illustrates the movement in the investment portfolio from July 2004 to March 2008. The peaks are representative of the rates instalment periods.

 

The investment portfolio is diversified across a number of investment types and is spread across a number of financial institutions. The various investment types may include managed funds, term deposits, rolling rate investments, floating rate notes and on‑call accounts.

 

The following graphs indicate the various investments held at the end of March 2008.

 

 

 

The investment portfolio is regularly reviewed in order to maximise investment performance and minimise risk. Comparisons are made between existing investments with available products that are not part of Council's portfolio. Independent advice is sought on new investment opportunities.

 

The following graph shows the investment returns achieved against the USB Bank Bill Index and the official Reserve Bank of Australia (RBA) cash interest rate for the period July 2004 to March 2008. The graph highlights the abnormal volatility that has been experienced in the period July to March 2008.

 

 

Investment performance for the financial year to date has been below the industry benchmark UBS Australian Bank Bill Index with an average return after fees of 5.07%, compared with the benchmark index of 7.08%.

 

Official Reserve Bank of Australia (RBA) cash interest rate increased to 7.25% during March 2008.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 1:  Leadership in Sustainability.

Direction 1c:  Long term financial viability is achieved.

Key Action:  Investment Policy and Procedures.

 

Financial impact statement

 

Funds are invested with the aim of achieving budgeted income in 2007/2008 and outperforming the UBS Australian Bank Bill Index over a 12 month period. The revised budget provision following the December quarterly review for income from this source is $2,495,000. Income to 31 March 2008 amounted to $2,063,895. Any further changes to budgeted income from investment earnings will be reported in subsequent quarterly reviews.

 

Changes to the economic climate and financial markets are being closely monitored. Appropriate adjustments to the investment strategy will continue to be made as required.

 


Conclusion

 

All investments as at 29 February 2008 have been made in accordance with Council Investment Policy.  All investments meet the requirements of s625 of the Local Government Act and the Local Government (General) Regulation.

 

Recommendation

 

That the investment report for March 2008 be received and noted.

 

Attachment/s:

 

1View

Investment Performance Report - March 2008

1 Page

 

 

 


Investment Performance Report - March 2008

Attachment 1

 

 

 


Ordinary Council

22 April 2008

 

 

 

Director Governance & Financial Services Report No. GF17/08

 

 

Subject:                  Investments - The Cole Inquiry Report

Folder No:                   F2004/06527

Author:                   Greg Byrne, Manager Financial Operations     

 

Introduction

 

The NSW Government recently commissioned a review of NSW local government investments. The review was conducted by Michael Cole and supported by a representative from the Department of Local Government, Department of Treasury, Department of Premier & Cabinet and NSW Treasury Corporation. The NSW Government has adopted all the recommendations from the report.

 

Issues

 

The review was commissioned in response to the decline in financial markets following the US sub-prime mortgage crisis and industry concerns that council investments were exposed to potential losses that may affect their long term financial sustainability.

 

The report included eight recommendations which have all been adopted by the NSW Government. The recommendations from the Cole Report are summarised as follows:

 

1.     All investment instruments in the (Ministers) Investment Order are defined to include principal and investment income.

2.     All existing investments by NSW councils that may be excluded by any proposed changes to the investment Order are to be grandfathered.

3.     Product manufacturers / distributors should be excluded from being appointed investment advisors to Councils.

4.     Investment product eligibility based on credit rating is suspended for the period to 31 December 2009 and be subject to a further review after this period to determine the relevance of using a credit ratings based approach to determining authorised investments. New investments cannot be in rated funds or corporate securities. Securities with APRA oversight – e.g. bank debt, deposits – continue to be eligible investments.

5.     The current partial deregulation model operating in NSW is retained with modifications. NSW Treasury Corporation Hour-Glass Facilities remain eligible investments, including the more volatile asset classes suitable for long-term investments.

6.     Reiteration of fiduciary responsibilities, prudent person test and risk management, including signed acknowledgement of these responsibilities.

7.     No subordinated investments – only senior debt is permitted. Any debentures or securities issued by a bank, building society or credit union must rank pari passu with deposits of the same group entities. Mortgages over land should be restricted to first mortgages with a Loan to Value Ratio of no greater than 60%. Permitted land investments are to explicitly exclude ASX listed property trust investments.

8.     Guidelines should be issued such as those issued by the Western Australian Department of Local Government and regional Development.

 

 

 

In  his media release on the Cole report, the Treasurer Michael Costa said “The Cole report reminds councils that they not only need to act as responsible trustees of public funds but also get independent financial advice before making investment decisions”

 

Randwick Council’s investments are regularly reviewed by independent investment advisors Grove Research & Advisory. Grove act as advisors only and do not issue or distribute their own products.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:          1: Leadership in Sustainability.

Direction:          1c: Long term financial viability is achieved.

Key action:        Investment Policy and Procedures.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The recommendations from the Cole Inquiry Report will have a significant shift in emphasis and parameters for NSW local government investments. Although there will not be as many eligible investments as was previously available, NSW councils will continue to have extensive investment powers that will still need to be exercised in the most prudent manner to maximise the interests of their stakeholders.

 

Council officers will continue to seek independent financial advice in regard to investment decisions.

 

Once the DLG issues an amended Ministerial Investment Order, Council’s Investment Policy will be updated to incorporate all of the applicable changes and adopted recommendations from the Cole Inquiry Report.

 

Recommendation

 

The report be received and noted.

 

Attachment/s:

 

Nil

 

  


Ordinary Council

22 April 2008

 

 

 

Motion Pursuant to Notice No. NM10/08

 

 

Subject:                  Motion Pursuant to Notice by Cr Procopiadis - Half Road Closure of Lenthall Street, Kensington

Folder No:                   F2006/00084

Submitted by:          Councillor Procopiadis, West Ward     

 

That as a matter of urgency the Mayor, General Manager, relevant officers and any West Ward Councillor meet with the Minister for Roads so as to facilitate the half road closure of Lenthall Street, Kensington, allowing traffic in a westerly direction only.

 

 

 


Ordinary Council

22 April 2008

 

 

 

Motion Pursuant to Notice No. NM11/08

 

 

Subject:                  Motion Pursuant to Notice by Cr Nash - YMCA's NSW Youth Parliament Program 2008

Folder No:                   F2004/08274

Submitted by:          Councillor Nash, West Ward     

 

That Council agree to sponsor the participation of Shailee Mendelevich (of Matraville) in the YMCA’s NSW Youth Parliament Program for 2008 by contributing $450 towards the cost of travel to and accommodation at the Sydney Olympic Park Lodge for the 6 day program.

 

 

 


Ordinary Council

22 April 2008

 

 

 

Motion Pursuant to Notice No. NM12/08

 

 

Subject:                  Motion Pursuant to Notice by Cr Nash - Formation of the Kingsford/Kensington LATM Implementation Committee

Folder No:                   F2004/08211

Submitted by:          Councillor Nash, West Ward     

 

That:

 

a)     Council form a committee (to be known as the “Kingsford/Kensington LATM Implementation Committee”) to oversee the Council’s proposed development and implementation of a local area traffic management plan (LATM) for the Kingsford/Kensington precinct.  The committee will consist of:

 

1.     all West Ward Councillors;

2.     Council’s Integrated Transport Manager;

3.     a representative(s) nominated by the City of Sydney Council (being a professional Traffic Planner employed by the Council and/or a Councillor), as well as an appropriate community representative; and

4.     the Chairperson and Secretary of the Kingsford/Kensington Precinct Committee.

 

b)     a quarterly report be presented to Council (or at such more frequent times as may be necessary) updating Councillors on the development of the LATM and the committee’s deliberations; and

 

c)     the committee will not have delegated authority, although its minutes will be reported to Council from time to time as necessary.

 

 

 


Ordinary Council

22 April 2008

 

 

 

Motion Pursuant to Notice No. NM13/08

 

 

Subject:                  Motion Pursuant to Notice by Cr Matson - Proposed Expansion of Resident Preferred Parking Scheme in  the Judge Street Area

Folder No:                   F2007/00617

Submitted by:          Councillor Matson, East Ward     

 

 

That Council conduct a resident survey of Judge and Dolphin Streets, Randwick to determine whether:

 

a)     present parking pressure is caused by commuters or a lack of off street parking for local residents; and

 

b)     whether an extension of resident preferred parking would reduce parking   competition.

 

 

  


Ordinary Council

22 April 2008

 

 

 

Notice of Rescission Motion No. NR3/08

 

 

Subject:                  Notice of Rescission Motion by Councillors Seng, Kenny & Nash - Planning Committee Meeting - 8 April, 2008 - Item D17/08 -  Development Application Report - 212 Arden Street, Coogee

Folder No:                   DA/423/2005/E

Submitted by:          Councillor Seng, Central Ward; Councillor Kenny, North Ward; Councillor Nash, West Ward     

 

That the resolution passed at the Planning Committee meeting held on Tuesday, 8 April 2008 reading as follows:

 

“That Council as the responsible authority refuse its consent under Section 96 of the Environmental Planning and Assessment Act 1979 (as amended) to modify Development Consent No. 423/2005 for permission to replace three existing fixed windows on Coogee Bay Road frontage of the Coogee Bay Hotel with new bi-fold windows for 212 Arden Street, Coogee, for the following reasons:

 

1.     this proposal is not in the public interest in that it:

 

(a)    represents an overdevelopment of the predominate use of the site, i.e the selling of alcohol;

(b)    is likely to alienate the usage of the footpath away from the broader body of beach users and shoppers;

(c)    the close proximity of drinkers at the windows will be likely to intimidate some sections of the community when they are using the footpath;

(d)    is likely to encourage an undesirable congregation of drinkers on the footpath around the windows; and

 

2.     the proposal does not meet with the objectives of the General Business zoning of the Council, (zone No. 3A); namely:

 

(a)     Clause 13(i)(a) - to maintain the viability of existing business centres;

(b)     Clause 13(i)(b) – to facilitate the development of land in places identified by the Council as suitable to be used as business centres for commercial, retail, residential and community purposes by providing and enhancing pedestrian and public open space for shoppers and workers; and by enhancing the employment opportunities concerning the needs of the local and regional community; and

(c)     Clause 13(i)(c) – to minimise the impact of development on adjoining nearby residential zones.”.

 

BE AND IS HEREBY RESCINDED.

 

If the Rescission Motion is carried, it is intended to move the following motion:

 

        “That the matter be deferred in order for Council officers to provide Council      with a list of other examples of hotels and licensed premises      with open bi fold        windows or outdoor drinking areas.”