2016 11 21 council minutes - sutherland shire · 2016-12-08 · council meeting 21 november 2016...

Minutes

Council Meeting

Held on Monday, 21 November 2016

commencing at 6:30pm

in the Council Chambers,

Level 2, Administration Building,

4-20 Eton Street, Sutherland

Council Meeting 21 November 2016

PRESENT: The Mayor, Councillor Pesce, together with Councillor Boyd, Councillor Croucher,

Councillor Johns, Councillor McLean, Councillor Nicholls, Councillor Provan, Councillor Riad,

Councillor Scaysbrook, Councillor Simone, Councillor Simpson and Councillor Steinwall.

Staff in attendance were the General Manager, Director Corporate Support, Director Shire Services,

Director Shire Infrastructure, Director Shire Planning, Manager Communication and Events (Kathryn

Lord), Group Manager Asset Management (Phillip Mansfield), Corporate Governance Manager

(Samantha Charlton) and Supervisor Governance Support (Rachael Zhura).

Acknowledgement of Country

The Mayor, Councillor Pesce, opened the Meeting with an Acknowledgement of Country.

Opening of the Meeting with Prayer

The Meeting was opened with prayer by Associate Pastor Mark Riethmuller of Menai Baptist Church.

Min No: 141 APOLOGY:

RESOLVED: (Councillor Scaysbrook/Councillor Boyd)

That apologies tendered on behalf of Councillor Collier, Councillor Forshaw and Councillor Plibersek

be accepted and leave of absence granted.

*** Disclosures of Interest

File Number: 2015/14239

Councillor Johns declared a pecuniary interest in the following matters:

SER002-17 Acquisition of Land from Sydney Water - Part Lot

1R Brighton Drive, Bundeena


advising that Sydney Water Corporation, he's a direct subcontractor of and has contractual

arrangements with Sydney Water.

And

INF003-17 Prices Circuit & Manilla Place Woronora - Drainage


advising that Sydney Water Corporation, he has contractual arrangements with them, so both those

are pecuniary interests and he will leave the Chamber.


Disclosures Cont’d

Councillor Johns declared a not significant non-pecuniary interest in the following matter:

SER003-17 Lease to Elouera Surf Life Saving Club Inc.


advising that the Mayor and himself are actually close personal friends.

Councillor Johns advised that the conflict is not significant as that doesn't influence the way he votes.

Councillor Nicholls declared a not significant non-pecuniary interest in the following matter:



advising that he knows the Mayor.

Councillor Nicholls did not advise why the conflict is not significant.

The Mayor, Councillor Pesce, declared a pecuniary interest in the following matter:



advising that one of his companies has tendered for that particular café so if that matter does come up

he will walk out of the room.

Councillor Simone declared a not significant non-pecuniary interest in the following matter:



advising that she has been friends with the Mayor for a long time.

Councillor Simone did not advise why the conflict is not significant.


Disclosures Cont’d

Councillor Steinwall declared a pecuniary interest in the following matters:

SER002-17 Acquisition of Land from Sydney Water - Part Lot

1R Brighton Drive, Bundeena


And



advising that her husband works for Sydney Water.

Special Disclosures of Pecuniary Interests

MOT015-17 Neighbour Notification Process


In relation to the above item, the Mayor, Councillor Pesce, together with Councillors Boyd, Croucher,

Johns, McLean, Nicholls, Riad, Scaysbrook, Simone and Steinwall made a special disclosure of

pecuniary interest under section 451 of the Local Government Act 1993.

Each special disclosure of pecuniary interest has been made in the form set out in Schedule 3A of the

Local Government (General) Regulation 2005 and these forms are attached to these minutes.

Councillor Provan made a verbal disclosure of pecuniary interest under section 451 of the Local

Government Act 1993, in relation to the following matter:



advising that she owns a home with her husband in Burraneer and her daughter and husband own a

home in Gymea Bay.

Councillor Provan submitted the form set out in Schedule 3A of the Local Government (General)

Regulation 2005 after the Meeting and the form is attached to these minutes.


Special Disclosures of Pecuniary Interests Cont’d

Councillor Simpson made a verbal disclosure of pecuniary interest under section 451 of the Local

Government Act 1993, in relation to the following matter:



advising that his family owns property in Alfords Point and his three siblings own properties throughout

the Shire and he doesn't know what their secondary investment properties are.

Councillor Simpson submitted the form set out in Schedule 3A of the Local Government (General)

Regulation 2005 after the Meeting and the form is attached to these minutes.

Min No: 142

Confirmation of Minutes of Council Meeting

held on Monday 24 October 2016

(Minutes Numbered 105 to 140 inclusive)

RESOLVED: (Councillor Johns/Councillor Riad)

That the Minutes of the Council Meeting held on 24 October 2016, being Minutes Numbered 105 to

140 inclusive, be and are hereby confirmed as a correct record.

Min No: 143

MM007-17 Mayoral Minute

Retirement of Jeff Gilchrist


A Sutherland Shire resident is retiring after a long and distinguished career in the Ambulance Service

of New South Wales. Jeff Gilchrist has served as a paramedic for 44 years and is soon to retire from

the role of Deputy Director of Operations for Metropolitan Operations.

Jeff’s hard work and skill has been recognised with many awards and commendations:

• In 1986, 87 & 88 the Metropolitan Superintendent’s Commendation and in 1989 the State

Superintendent’s Commendation and the Royal Humane Society Certificate of Bravery.

• In 2004 the ACT Emergency Medal for his work as liaison officer in the 2003 Canberra

bushfires.

• In 2005 the NSW Premier’s Award for his deployment as part of a 28 person Combined

Australian Surgical Team that travelled to Banda Aceh following the Indian Ocean tsunami.

• In 2009 the Ambulance Service Medal by the Governor General, Marie Bashir.


Min No: 143 Cont’d

MM007-17

Throughout his career, Jeff has been deployed to Bali following the bombings in 2002 and 2005,

treating the injured and assisting in returning Australian citizens home.

He provided paramedical services to Kerry Packer and family at their Ellerston Property and as a

personal Paramedic to Kerry Packer himself after two serious health incidents.

Jeff was also Acting Director, Special Operations for a number of significant events including the

Queensland Floods in 2010/11, Tropical Cyclone Yasi in 2011, the Christchurch Earthquake in

February 2011 and the Japanese earthquake and tsunami in March 2011.

Locally Jeff has also provided assistance to countless Shire residents, including Councillor Johns' son

Luke when he was injured at home. On behalf of the Shire community, I thank and congratulate Jeff

Gilchrist for his service to the people of NSW.

RESOLVED: (The Mayor, Councillors Pesce/Councillor Johns)

That congratulations be extended to Jeff Gilchrist on his long and distinguished career in the

Ambulance Service of New South Wales.

Min No: 144

At this time in the Meeting, all open items not called for discussion were moved in bulk, as

shown: “RESOLVED: (Councillor Provan/Councillor Simone*)”.

Min No: 145 Suspension of Standing Orders

RESOLVED: (Councillor Simpson/Councillor Scaysbrook)

That Standing Orders be suspended to consider COR035-17 as the first item of business.

Min No: 146

COR035-17 Exhibition of Draft SSLEP2015 Amendment 6


Mr Greg Carson, Ms Loretta Passerini and Mr Dave Mayer addressed the Council on this matter.

MOTION: (Councillor Provan/Councillor Simone)

THAT:

1. The proposed reclassification of 34-36R Caravan Head Road, Oyster Bay proceed as exhibited.



COR035-17

2. The proposed reclassification of 13R Pinnacle Street, Miranda proceed and, in accordance with

Council’s resolution of March 2014 the land is not to be sold but can be swapped to achieve

better development and public access outcomes.

3. The proposed reclassification of 11 Dampier Street, Kurnell not proceed.

4. The proposed reclassification of 1 and 2 Myuna Place, Port Hacking not proceed.

5. The proposed reclassification and rezoning of part of 2R Alexander Road, Taren Point proceed

with the only rights-of-carriageway being granted across the land.

6. The proposed reclassification of 9 Kingsway, Cronulla proceed.

7. An amended Planning Proposal be submitted to the Director Sydney Region East, Planning

Services, Department of Planning and Environment as Delegate for the Greater Sydney

Commission.

8. The draft DCP2015 Chapter 7: Pinnacle Street Precinct Amalgamation Plan Option 2 be

amended to include 686 Kingsway.

AMENDMENT: (Councillor Scaysbrook/Councillor Johns)

THAT:

1. The proposed reclassification of 34-36R Caravan Head Road, Oyster Bay proceed as exhibited.

2. The proposed reclassification of 13R Pinnacle Street, Miranda proceed and, in accordance with

Council’s resolution of March 2014 the land is not to be sold but can be swapped to achieve

better development and public access outcomes.

3. The proposed reclassification of 11 Dampier Street, Kurnell not proceed.

4. The proposed reclassification of 1 and 2 Myuna Place, Port Hacking proceed, with the land be

dedicated as road reserve rather than being sold to adjacent residents.

5. The proposed reclassification and rezoning of part of 2R Alexander Road, Taren Point proceed

with the only rights-of-carriageway being granted across the land.

6. The proposed reclassification of 9 Kingsway, Cronulla proceed.



COR035-17

7. An amended Planning Proposal be submitted to the Director Sydney Region East, Planning

Services, Department of Planning and Environment as Delegate for the Greater Sydney

Commission.

8. The draft DCP2015 Chapter 7: Pinnacle Street Precinct Amalgamation Plan Option 2 be

amended to include 686 Kingsway.

The Amendment on being put to the Meeting was declared lost.

A Division was requested on the Amendment and the following votes were recorded:

In Favour of the Amendment were Councillors Boyd and Scaysbrook,

Against the Amendment were the Mayor, Councillor Pesce, together with Councillors Croucher,

Johns, McLean, Nicholls, Provan, Riad, Simone, Simpson and Steinwall.

The Motion on being put to the Meeting was carried to become the RESOLUTION of the Council

(as shown in the Motion).

A Division was requested on the Resolution and the following votes were recorded:

In Favour of the Resolution were the Mayor, Councillor Pesce, together with Councillors Boyd,

Croucher, Johns, McLean, Nicholls, Provan, Riad, Simone, Simpson and Steinwall.

Against the Resolution was Councillor Scaysbrook

Resumption of Standing Orders

At this stage of the Meeting, Standing Orders were resumed.

Min No: 147

GOV001-17 Adoption of Corporate Governance Committee Charter


RESOLVED: (Councillor Provan/Councillor Simone*)

That the Charter for the Corporate Governance Committee, as attached in Appendix A of this report,

be adopted.


Min No: 148

GOV002-17 Writing-Off of Rates and Charges Under Delegated

Authority for the Period 1 January 2016 to 30 June 2016



That the report on "Writing-Off of Rates and Charges Under Delegated Authority for the Period 1

January 2016 - 30 June 2016", be received and noted.

Min No: 149

GOV003-17 Quarterly Budget Review Statement for Period

Ending September 2016



That the 1st Quarterly Budget Review Statement and recommendations contained within be adopted

and income and expenditure adjustments be voted.

Min No: 150

GOV004-17 Cash Payments & Investments Report –

September 2016



That the information concerning Bank Balances and Investments held as at 30 September 2016, be

received and noted.

Min No: 151

GOV005-17 Delivery Program 2013/14 - 2016/17

Incorporating Operational Plan 2015/16

Annual Report (July 2015 - June 2016)



That the half yearly report on the key achievements of Council's Delivery Program and progress

against the program of works and activities adopted in the 2015/2016 Operational Plan be received

and noted.


Min No: 152

GOV006-17 Code of Conduct Complaint Statistics



That the report on the Code of Conduct Complaints Statistics be received and noted.

Min No: 153

SER001-17 Adoption of Shire Services Committee Charter



That the Charter for the Shire Services Committee, as attached in Appendix A of this report, be

adopted.

Min No: 154

SER002-17 Acquisition of Land from Sydney Water - Part

Lot 1R Brighton Drive, Bundeena


*** Councillor Johns and Councillor Steinwall declared a pecuniary interest in this matter and did

not vote. This matter was moved in bulk therefore there was no discussion on the item.


THAT:

1. The acquisition of part of Lot 250 DP1047123 located at 1R Bundeena Drive, Bundeena for

dedication as road purposes for $1 from Sydney Water, be approved.

2. In accordance with the Power of Attorney dated 6 July 2016 BK 4710 No.28, the General

Manager execute any necessary documentation to give effect to this resolution.

The Mayor, Councillor Pesce, vacated the Chair and left the Chamber (7.13 pm).

The Deputy Mayor, Councillor Scaysbrook, assumed the Chair.


Min No: 155



*** The Mayor, Councillor Pesce, declared a pecuniary interest in this matter, left the Meeting, took

no part in the discussion and did not vote.

*** Councillor Johns, Councillor Nicholls and Councillor Simone declared a not significant non-

pecuniary interest in this matter.

RESOLVED: (Councillor Boyd/Councillor Provan)

THAT:

1. The community land, known as part Lot 307 DP 8564, 80 Mitchell Road, Cronulla, be leased to

Elouera Surf Life Saving Club Inc for a term of six years and five months.

2. The terms and conditions of the lease incorporate conditions of Development Consent

DA15/0376, annual community lease rental, annual building insurance contribution and future

building rectification and maintenance.



The Mayor, Councillor Pesce, returned to the Meeting and resumed the Chair (7.23 pm).

Min No: 156

SER004-17 Community Services Grants 2016/2017, & Section 356

Miscellaneous Grants (November) - Funding Allocations


MOTION: (Councillor Johns/Councillor Simone)

THAT:

1. Funds totalling $171,326 from the Community Services Grants program 2016/17 be distributed

to 14 not for profit community organisations via 16 community projects, being:

• Kurranulla Aboriginal Corporation - $20,000

• Shire Woodworking Club Inc - $8,933

• Southern Community Welfare - $20,000

• Orana NSW Inc - $20,000 (Project 1)

• Orana NSW Inc - $10,000 (Project 2)

• Project Youth - $20,000



SER004-17

• Be Connected Miranda - $1,875

• Karimbla Community Restaurant - $8,000

• Sutherland Special Needs Toy Library - $2,000

• St Vincent De Paul Society - $3,500

• Endeavour Harmony Chorus - $11,091

• 3 Bridges Community Ltd - $14,856

• Sutherland Shire Carer Support Service Inc - $7,475 (Project 1)

• Sutherland Shire Carer Support Service Inc - $9,496 (Project 2)

• Como Henry Lawson Appreciation Group - $4,100

• Sutherland/St George Support Group of Parkinson's NSW - $10,000

2. Funds totalling $6,711 from the Section 356 Miscellaneous Grants program be provided to two

not for profit community organisations, being:

• John Franklin Christmas Lunch - $5,266

• Elouera Surf Life Saving Club - $1,445

3. All groups receiving Council support are to acknowledge Council’s contribution in any

publications, social media, media releases and at the events / activities undertaken.

4. A review of Council’s various grants and subsidy programs be undertaken to align them to

Council’s strategic direction and a consolidated report on grants and subsidies be provided to

Council in future years.

5. A further report be provided detailing how Council can provide funds of $10,000 to Gymea

Community Aid and Information Service.

AMENDMENT: (Councillor Scaysbrook/Councillor Steinwall)

THAT:

1. Funds totalling $172,326 from the Community Services Grants program 2016/17 be distributed

to 14 not for profit community organisations via 16 community projects.

2. Funds totalling $6,711 from the Section 356 Miscellaneous Grants program be provided to two

not for profit community organisations.

3. All groups receiving Council support are to acknowledge Council’s contribution in any

publications, social media, media releases and at the events / activities undertaken.



SER004-17

4. A review of Council’s various grants and subsidy programs be undertaken to align them to

Council’s strategic direction and a consolidated report on grants and subsidies be provided to

Council in future years.

5. A further report be provided on how Council can provide funding to the Sutherland/St George

Support Group of Parkinson’s NSW as a matter of urgency, and the Mayor and General

Manager be delegated authority to determine this matter.

6. When this matter is considered by Council in the future, further details regarding each

application is provided in the report.

The Amendment on being put to the Meeting was declared lost.

A Division was requested on the Amendment and the following votes were recorded:

In Favour of the Amendment were Councillors McLean, Scaysbrook, Simpson and Steinwall.

Against the Amendment were the Mayor, Councillor Pesce, together with Councillors Boyd, Croucher,

Johns, Nicholls, Provan, Riad and Simone.





Croucher, Johns, McLean, Nicholls, Provan, Riad, Scaysbrook, Simone and Steinwall.

Against the Resolution was Councillor Simpson.

Min No: 157

SER005-17 Water Play Park at Sutherland Leisure Centre


RESOLVED: (Councillor Simpson/Councillor Riad)

THAT:

1. The construction of the proposed water play park at Sutherland Leisure Centre be approved.



SER005-17

2. Consideration be given to the allocation of funds for the water play park project from allocations

within the leisure centre capital reserve, the 2017/18 capital program and other available

sources.

3. A strategic plan for all the Leisure Centres be developed and provided to a future meeting.

Min No: 158

SER006-17 Licence to Nerang Road Community Garden Inc



THAT:

1. Council licence community land being Lot 29, DP 9247 known as 10 Nerang Road, Cronulla for

five years to the Nerang Road Community Garden Inc. as shown in Appendix A.



Min No: 159

INF001-17 Adoption of Shire Infrastructure Committee Charter



That the Charter for the Shire Infrastructure Committee, as attached in Appendix A of this report, be

adopted.

Min No: 160

INF002-17 2015/2016 Sporting Facilities Development Fund



That the minutes of the Sporting Facilities Development Fund Panel meeting of 25 May 2016 be

received and noted, and Council endorse the recommendations therein.


Min No: 161



*** Councillor Johns and Councillor Steinwall declared a pecuniary interest in this matter, left the

Meeting, took no part in the discussion and did not vote.

RESOLVED: (Councillor Simpson/Councillor Riad)

THAT:

1. Council vote funds totalling $474,000 for the design, project management and construction of

drainage and road works in Prices Circuit, Woronora to be funded from current project savings

and capital works reserve.

2. Interested Councillors be provided monthly updates on the progression of this matter.

3. Councillors be notified immediately if any stoppage of work occurs or the project is not

completed within the specified time frame.

Councillor Johns and Councillor Steinwall returned to the Meeting at this stage.

Min No: 162

INF004-17 Extension of the Ridge Golf Course and Sports

Complex Maintenance Contract



That Council approve the extension of the current Ridge Golf Course and Sports Complex

Maintenance Contract held by Programmed Turnpoint to 26 May 2017 under section 55(3)(i) of the

Local Government Act 1993.

Min No: 163

INF005-17 Cronulla Traffic Study Update

File Number: 2015/36604, 2015/36175


That the measures for improved traffic flow in Cronulla be further pursued in consultation with key

stakeholders and the community as part of the development of the Cronulla Town Centre Public

Domain Masterplan.


Min No: 164

PLN001-17 Adoption of Shire Planning Committee Charter



That the Charter for the Shire Planning Committee, as attached in Appendix A of this report, be

adopted.

Min No: 165

PLN002-17 Kareela Flying-fox Camp Dispersal Update and

Budget Review


RESOLVED: (Councillor Riad/Councillor Provan)

THAT:

1. Funds of $130,000 for 2016-17 be allocated in the December budget review, to ensure that the

dispersal remains successful.

2. Funds of $120,000 for 2017-18 be allocated to ensure that the future dispersal activities are

adequately funded.

3. Council progress, as a priority, the Kareela Flying-fox Camp Master Plan.

Min No: 166

PLN003-17 Results of Exhibition of Draft Section 94 and

Section 94A Plans


MOTION: (Councillor Croucher/Councillor Riad)

THAT:

1. The Draft Sutherland Shire Section 94 Development Contributions Plan and the Draft

Sutherland Shire Section 94A Contributions Plan 2016, as amended and attached as

Appendices A and B be adopted subject to inclusion of a minor modification for the upgrading of

boating and recreation facilities on Old Ferry Road, Illawong.

2. The 'Strategy for Finalisation of current S94 and S94A plans', as appended to each of the

existing plans, which are attached as Appendix C, be adopted subject to:

a. the cost of Project 151220 (Old Ferry Road Reserve) being increased to $750,000 to

ensure the works are fully funded;



PLN003-17 b. the cost of Project 140960 (Woolooware Cycleway Stage 6) being increased by the

money held in reserve for the future acquisition of 1A Atkinson Road, Taren Point,

because the proposed design of the cycleway removes the need to purchase this

property; and 1A Atkinson Road, Taren Point, being removed from the Acquisition List.

3. A notice be placed in the St George and Sutherland Shire Leader advising of the adoption of the

new plans and the plans be forwarded to NSW Department of Planning and Environment.

Min No: 167 Motion of Dissent

Acceptance of the Mayor's Ruling

Councillor Riad moved dissent from the Mayor's ruling that the Motion moved by Councillor Croucher

and seconded by himself was Out of Order.

MOTION: (The Mayor, Councillor Pesce)

That the Mayor's ruling be upheld.

The Motion on being put to the Meeting was declared lost.

A Division was requested on the Motion and the following votes were recorded:

In Favour of the Motion were the Mayor, Councillor Pesce, together with Councillors Croucher, Johns

and Nicholls.

Against the Motion were Councillors Boyd, McLean, Provan, Riad, Scaysbrook, Simone, Simpson

and Steinwall.

Min No: 166 Cont'd

PLN003-17




In Favour of the Resolution were Councillors Croucher, McLean, Nicholls, Provan, Riad, Scaysbrook,

Simpson and Steinwall.

Against the Resolution were the Mayor, Councillor Pesce, together with Councillors Boyd, Johns and

Simone.


Min No: 168

PLN004-17 Results of Public Exhibition of Planning

Proposal to Rezone 87-97 Willarong Road,

Caringbah (Draft Amendment 5 to SSLEP2015)


RESOLVED: (Councillor Johns/Councillor Simone)

THAT:

1. Council formally request Parliamentary Counsel prepare and make a legal instrument to rezone

land at 87-97 Willarong Road, Caringbah to R4 High Density Residential with FSR of 1.2:1 and

Maximum Building Height of 16m.

2. On receipt of the Opinion of the Parliamentary Counsel's Office that the legal instrument can be

made, pursuant to Clause 400 of the Local Government (General) Regulations 2005, the LEP

be executed under the Common Seal of the Council of the Sutherland Shire in the presence of

the Mayor and General Manager.



Croucher, Johns, McLean, Nicholls, Provan, Riad, Scaysbrook, Simone and Simpson.

Against the Resolution was Councillor Steinwall.

Min No: 169

PLN005-17 Review of Tree Removal Application Fee



That the proposed fee of $150 for tree removal applications, with a 50% Pensioner discount, as

advertised, be endorsed and included in the 2016/2017 Schedule of Fees and Charges.


Min No: 170

COR033-17 Report and Minutes of the Meeting of the

Sutherland Traffic and Traffic Safety

Committee held on Friday, 4 November 2016



That the decisions contained in the Minutes of the Sutherland Traffic and Traffic Safety Committee

Meeting held on 4 November 2016 be noted.

Min No: 171

COR034-17 Funding Request - Como Jannali Junior Rugby

League Football Club



THAT:

1. Council approve a $130,000 loan through the Sporting Facilities Development Fund to Como

Jannali Junior Rugby League Football Club to assist with their funding contribution of $330,000

for tender T545/15 Scylla Bay Oval - Demolition of existing amenities and clubhouse and

construction of new amenities and clubhouse (Council paper INF003A-17).

2. The loan not be extended to Como Jannali Junior Rugby League Football Club until a funding

deed has been entered into with the Club.

3. The terms and conditions of the contract and funding deed with Como Jannali Junior Rugby

League Football Club be to the General Manager's satisfaction.

COR035-17 This matter was considered earlier in the Meeting

(see Minute No. 146).


Min No: 172



*** Special Disclosures of Pecuniary Interests

In relation to this matter, the Mayor, Councillor Pesce, together with Councillors Boyd, Croucher,

Johns, McLean, Nicholls, Provan, Riad, Scaysbrook, Simone, Simpson and Steinwall made a

special disclosure of pecuniary interest under section 451 of the Local Government Act 1993.

*** Councillor Johns having declared a pecuniary interest in this matter, left the Meeting, took no

part in the discussion and did not vote.

RESOLVED: (Councillor Steinwall/Councillor Scaysbrook)

THAT:

1. Consistent with the Minister for Local Government's written advice of 9 June 2016 (confirmed in

his written advice of 7 November 2016), that under Section 74B of the Environmental Planning

and Assessment Act 1979, Council delegate the making of Draft Development Control Plan

2015 to the Secretary of the Department of Planning and Environment, and recommend that the

Secretary make the plan as it was presented to Council on 18/7/2016 (EHR005-17 4/7/16) with

a further amendment to confine two storey development in the R2 Low Density zone to the front

60% of allotment depth.

2. A series of Councillor briefings be held to identify possible future amendments to the DCP in

light of:

i. Community feedback in the development application process;

ii. Improvements to the neighbour notification process for development applications;

iii. Legislative amendments as it applies to exempt and complying development;

iv. The South Region District Plan;

v. Weaknesses identified by Assessment Officers in the use of the draft DCP to date.

3. One of the Councillor briefings explore ways to improve the neighbour notification process for

Development Applications, as set out in Chapter 41 of Council's draft Development Control Plan

2015, this briefing includes, but is not restricted to, an examination of:

• Who is notified and the chosen area for notification;

• The timing of the notification; and

• The re-notification process, following S96 modifications.

4. Following the Councillor briefing, Council officers prepare a report to the Shire Planning

Committee outlining options for improving the notification provisions in Chapter 41 of draft

Development Control Plan 2015 for Council's consideration.



MOT015-17



Croucher, McLean, Nicholls, Provan, Riad, Scaysbrook, Simone, Simpson and Steinwall.

The decision was unanimous.

Councillor Johns returned to the Meeting at this stage.

Min No: 173 Business Without Notice

Sutherland Rail Bridge


Councillor Croucher requested that Business Without Notice concerning the Sutherland Rail Bridge be

considered as a matter of urgency.

RESOLVED: (Councillor Croucher/Councillor Riad)

That permission be granted to bring forward Business Without Notice regarding Sutherland Rail

Bridge.

The Mayor, Councillor Pesce, ruled in accordance with Clause 19(3)(b) of Council’s Code of Meeting

Practice that the matter was of great urgency.

Min No: 174

BWN004-17 Sutherland Rail Bridge


RESOLVED: (Councillor Croucher/Councillor Riad)

That, in view of the existing and projected gross deficiencies in road and footpath widths at the

Sutherland Transport Interchange, the Mayor seek a meeting as a matter of urgency with the Minister

for Transport and the Member for Heathcote to put the case for a widening of the circa 1930’s rail

bridge in conjunction with replacement of the bridge deck on a “like-for-like" basis as proposed by

Sydney Trains.



BWN004-17



Croucher, McLean, Nicholls, Provan, Riad, Simone, Simpson and Steinwall.

Against the Resolution were Councillors Johns and Scaysbrook.

Min No: 175 Business Without Notice

Code of Meeting Practice - Clause 26


Councillor Boyd requested that Business Without Notice concerning the Code of Meeting Practice -

Clause 26 be considered as a matter of urgency.

RESOLVED: (Councillor Boyd/Councillor Riad)

That permission be granted to bring forward Business Without Notice regarding the Code of Meeting

Practice - Clause 26.

The Mayor, Councillor Pesce, ruled in accordance with Clause 19(3)(b) of Council’s Code of Meeting

Practice that the matter was of great urgency.

Min No: 176

BWN005-17 Code of Meeting Practice - Clause 26


RESOLVED: (Councillor Boyd/Councillor Riad)

That Council staff provide Councillors with a briefing concerning the scope and application of clause

26 of the Code of Meeting Practice, specifically examining:

a) The ability to amend reports before the Council that have budget implications;

b) Implications arising from the application of clause 26 as a result of its strict interpretation; and

c) Possible amendments to avoid future confusion in the application of clause 26.


Min No: 177 CONSIDERATION OF BUSINESS IN CLOSED SESSION (9.35 pm)

The Mayor, Councillor Pesce, asked the General Manager if any representations had been received

from the public on any of the items Council will be discussing in Closed Session.

The General Manager replied that no representations had been received to talk to the items in Closed

Session.

The Mayor, Councillor Pesce, asked if there were any members of the public gallery who would like to

speak on the reasons Council proposes to consider the items in Closed Session.

There were none.

RESOLVED: (The Mayor, Councillor Pesce)

That in accordance with Section 10(A)(1) of the Local Government Act 1993, the following matters be

considered in Closed Session of Council for the reasons provided:

INF001A-17 T641/16 Sylvania Waters Athletics Track Resurfacing


Section 10A(2)(d)(i) Commercial Information of a Confidential Nature:

This matter was considered in Closed session as it relates to commercial information the disclosure of

which would be likely to prejudice the commercial position of the person, company or tenderer who

supplied it. On balance, the public interest in preserving the confidentiality of information provided by

persons, companies or tenderers outweighs the public interest in maintaining openness and

transparency in council decision-making because the disclosure of this information could reveal

information that is commercial in confidence and the release of which could damage the commercial

position of the person, company or tenderer who supplied it.

INF002A-17 Minutes of the Commercial Property Projects

Steering Committee held on 30 May 2016


Section 10A(2)(d)(ii) Commercial Information of a Confidential Nature:


which would be likely to confer a commercial advantage on a competitor of the council. On balance,

the public interest in preserving the confidentiality of information relating to council’s commercial

activities outweighs the public interest in maintaining openness and transparency in council decision-

making because the disclosure of this information could allow competitors to council’s commercial

activities to gain a commercial advantage.



INF003A-17 T545/15 Scylla Bay Oval - Demolition of Existing

Amenities and Clubhouse & Construction of

New Amenities and Clubhouse


Section 10A(2)(d)(i) Commercial Information of a Confidential Nature:


which would be likely to prejudice the commercial position of the person, company or tenderer who

supplied it. On balance, the public interest in preserving the confidentiality of information provided by

persons, companies or tenderers outweighs the public interest in maintaining openness and

transparency in council decision-making because the disclosure of this information could reveal

information that is commercial in confidence and the release of which could damage the commercial

position of the person, company or tenderer who supplied it.

COR006A-17 1 Myuna Place, Port Hacking - Driveway for 108

Turriell Point Road


Section 10A(2)(g) Advice Concerning Litigation, or Advice that would Otherwise be Privileged

from Production in Legal Proceedings on the Grounds of Legal Professional Privilege.

This matter was considered in Closed session as it relates to the receipt and consideration of legal

advice concerning litigation; or which would otherwise be privileged from production in legal

proceedings on the ground of legal professional privilege. On balance, the public interest in

preserving the confidentiality of information relating to legal privileged information outweighs the public

interest in maintaining openness and transparency in council decision-making because the disclosure

of this information may result in council waiving its right to claim legal professional privilege in any

relevant legal action which may lead to loss or damage by council.

Min No: 178

INF001A-17 T641/16 Sylvania Waters Athletics Track Resurfacing


RESOLVED: (Councillor Simpson/Councillor Provan)

THAT:

1. The tender received from Polytan Asia Pacific Pty Ltd (ABN 90 111 057 606) for the Sylvania

Waters Athletics Track Resurfacing (T641/16) for the Lump Sum of $815,242.00 (excluding

GST), at terms and conditions to the satisfaction of the General Manager, be approved.



INF001A-17

2. Pursuant to Clause 400 of the Local Government Regulation 2005, the following documents be

executed under Common Seal of the Sutherland Shire:

Type of document: Contract for the Sylvania Waters Athletics Track Resurfacing (T641/16)

for the Lump Sum of $815,242.00 (excluding GST)

Other Party: Polytan Asia Pacific Pty Ltd (ABN 90 111 057 606)

3. Athletics Tracks only be used for their specified purpose.

Min No: 179

INF002A-17 Minutes of the Commercial Property Projects

Steering Committee held on 30 May 2016


RESOLVED: (Councillor Riad/Councillor Provan)

That the minutes of the Commercial Property Projects Steering Committee, Meeting No. 20 dated 30

May 2016, be noted.

Min No: 180

INF003A-17 T545/15 Scylla Bay Oval - Demolition of Existing

Amenities and Clubhouse & Construction of

New Amenities and Clubhouse


RESOLVED: (Councillor Croucher/Councillor Nicholls)

THAT:

1. The tender received from Axis Constructions Pty Ltd (ABN 79 002 482 359) for the Scylla Bay

Oval - Demolition of Existing Amenities and Clubhouse & Construction of New Amenities and

Clubhouse (T545/15) for the Lump Sum of $1,392,176.00 (excluding GST) be accepted but not

awarded until the funding deed with the Club is executed.

2. The terms and conditions of the contract and funding deed with Como Jannali JRLFC Inc be to

the General Manager's satisfaction.

3. Pursuant to Clause 400 of the Local Government Regulation 2005, the following documents be

executed under Common Seal of the Sutherland Shire:



INF003A-17

Type of document: Contract for the Scylla Bay Oval - Demolition of Existing Amenities and

Clubhouse & Construct New Amenities and Clubhouse (T545/15) for the

Lump Sum of $1,392,176.00 (excluding GST)

Other Party: Axis Constructions Pty Ltd (ABN 79 002 482 359)

Type of document: Funding deed for Clubhouse & Construct New Amenities

Other Party: Como Jannali JRLFC Inc (ABN 81 669 494 149)

4. A Confidential report be provided to the Council meeting of 21 November, 2016 exploring the

opportunity for Council to offer a commercial loan, or a loan from the Sporting Development

Fund.



Croucher, Johns, McLean, Nicholls, Provan, Riad, Scaysbrook, Simone and Steinwall.

Against the Resolution was Councillor Simpson.

Min No: 181

COR006A-17 1 Myuna Place, Port Hacking - Driveway for 108

Turriell Point Road


RESOLVED: (Councillor Johns/Councillor Simone)

THAT:

1. The General Manager consult with affected residents regarding the proposal.

2. Councillors be provided advice on the method of consultation that will be employed to consult

with residents in regards to this proposal.

3. The General Manager, in concurrence with the Mayor, be given delegated authority to

determine the appropriate form of access over 1 Myuna Place, Port Hacking and to execute all

documentation as necessary to give effect.

The Meeting moved back into Open Session at 10.06pm.

The Meeting closed at 10.07pm.

which is to be considered at a meeting of the Lev Iai [name of council or council committee]

to be held on the

Zo CCM GiZakIALLA

Relationship of identified land to councillor

[Tick or cross one box.]

Schedule 3A Form of special disclosure of pecuniary interest

Section 451 of the Local Government Act 1993 - Form of Special Disclosure of Pecuniary Interest

Important Information:

1 The particulars of this form are to be written in block letters or typed.

2 If any space is insufficient in this form for all the particulars required to complete it, an appendix is to be

attached for that purpose which is properly identified and signed by you.

This information is being collected for the purpose of making a special disclosure of pecuniary interests

under sections 451 (4) and (5) of the Local Government Act 1993. The special disclosure must relate to a

pecuniary interest that arises only because of an interest of the councillor in the councillor's principal place of

residence or an interest of another person (whose interests are relevant under section 443 of the Act) in that

person's principal place of residence. You must not make a special disclosure that you know or ought

reasonably to know is false or misleading in a material particular. Complaints made about contraventions of

these requirements may be referred by the Director-General to the Civil and Administrative Tribunal.

This form must be completed by you before the commencement of the council or council committee meeting

in respect of which the ,special disclosure is being made. The completed form must be tabled at the meeting.

Everyone is entitled to inspect it. The special disclosure must be recorded in the minutes of the meeting.

Special disclosure of pecuniary interests by r [full name of councillor]

4,e.veAeopp-L12,14 cewks ile(44. in the matter of [insert name of environmental planning instrument]

Pecuniary interest

Address of land in which councillor or an

associated person, company or body has a

proprietary interest (the identified land).1

i

0 Councillor has interest in the land (e.g. is owner or has

other interest arising out of a mortgage, lease, trust, option

n tract tract, or otherwise).

Associated person of councillor has interest in the land.

0 Associated company or body of councillor has interest ii

land.

Councillor's signatur Date

[If more than one pecuniary interest is to be declared, reprint the above box and fill in for each additional interest.]

Matter giving rise to pecuniary interest' ) ,

.,

Nature of land that is subject to a change in

zone/planning control by proposed LEP

(the subject land) 3

[Tick or cross one box]

V/The identified land.

B"Land that adjoins or is adjacent to or is in proximity to

the identified land.

Current zone/planning control

[Insert name of current planning instrument

and identify relevant zone/plarining control

applying to the subject land]

P ,

Proposed change of zone/planning control

[Insert name of proposed LEP and identify

proposed change of zone/planning control


Orvki

control on councillor

[Insert one of the following: "Appreciable

financial gain" or "Appreciable financial loss'

Effect of proposed change of zone/planning

[This form is to be re4etred by t ouncil's general manager and included in full in the minutes of the meeting]

1 Section 443 (1) of the Local Government Act 1993 provides that you may have a pecuniary interest in a matter because of the pecuniary interest of your spouse or your de facto partner or your relative4 or because your businesp partner or employer has a pecuniary interest. You may also have a pecuniary interest in a matter because you, your nominee, your business partner or your employer is a member of a company or other body that has a pecuniary interest in the matter.

2 Section 442 of the Local Government Act/993 provides that a pecuniary interest islan interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or kips to the person. A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it couldjnot reasonably be regarded as likely to influence any decision the person might make in relation to the matter or if the interest is of a kind. specified in section 448 of that Act (for example, an interest as an elector or as a ratepayer or person liable to pay h charge).

3 A pecuniary interest may arise by way of a change of permissible use of land adjoining, adjacent to or in proximity to land in which a councillor or a person, company or body referred to in section 443 (1) (b) or (c) of the Local Government Act 1993 has a proprietary interest---see section 448 (g) (ii) of the Local Government Act 1993:

4 Relative is defined by the Local Government Act 1993 as meaning your, your spouse's or your de fact6 partner's parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child and the spouse or de facto partner of any of those persons.

















in respect of which the special disclosure is being made. The completed form must be tabled at the meeting.


RU/C.,K CRCLZeirwt Special disclosure of pecuniary interests by 77-14Z94" AS [full name of councillor]

in the matter of [insert name of envir n ental plan ing instrument]

which is to be considered at a meeting of the COU4C-f1- [name of council or council committee

to be held on the [date]

Pecuniary interest



proprietary interest (the identified land) 1

"6,7ie /64./6

k Councillor has interest in the land (e.g. is owner or has

other interest arising out of a-mortgage, lease, trust, option

or contract, or otherwise).

0 Associated person of councillor has interest in the land.


land.

Matter giving rise to pecuniary interestz



(the subject land)3


0 The identified land.

0 Land that adjoins or is adjacent to or is in proximity to


inge,4 4-) iik.2.-ilidai Current zone/planning control


and identify relevant zone/planning control


gs Le-P 2 t

16(<7.144 ..?C-VZ'O'i<



proposed change of zone/planning control applying to the subject land]




financial gain" or "Appreciable financial lose]

. 0 .4,....A,r


Councillors signature Date Ot )

[This form is to be retained by the council's general manager and included in full in the minutes of the meeting]

1 Section 443 (1) of the Local Government Act 1993 provides that you may have a pecuniary interest in a matter because of the pecuniary interest of your spouse or your de facto partner or your relative4 or because your business partner or employer has a pecuniary interest You may also have a pecuniary interest in a matter because you, your nominee, your business partner or your employer is a member of a company or other body that has a pecuniary interest in the matter.

2 Section 442 of the Local Government Act 1993 provides that a pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person. A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to the matter or if the interest is of a kind specified in section 448 of that Act (for example, an interest as an elector or as a ratepayer or person liable to pay a charge).

3 A pecuniary interest may arise by way of a change of permissible use of land adjoining, adjacent to or in proximity to land in which a councillor or a person, company or body referred to in section 443 (1) (b) or (c) of the Local Government Act 1993 has a proprietary interest—see section 448 (g) (ii) of the Local Government Act 1993.

4 Relative is defined by the Local Government Act 1993 as meaning your, your spouse's or your de facto partner's parent grandparent brother, sister, uncle, aunt nephew, niece, lineal descendant or adopted child and the spouse or de facto partner of any of those persons.


Section 451 of the Local Government Act 1993 - Form of Special Dieclosure of Pecuniary Interest







pecuniary interest that arises only because of an interest of the councillor in the councillor s principal place of








Special disclosure of pecuniary interests by [full name of councillor]

in the matter of • C.- e- 2.0\ . D. e-1.8" g,-/4" [insert name of environmental planning instrument]

11

which is to be considered at a meeting of the P-1 \ ' 1 1 '1 '1' i"-k.)t_4_ Lob 0.... e..4 l.... [name of coun or council committee]

to be held on the jjo A/4K 020 [date]

Rel6tionship of identified land to councillor


g

'Councillor has interest in the land (e.g. is owner or has


act, or otherwise).

dated person of councillor has interest in the land.

Associated company or body of councillor has interest ii

land.

Pecuniary interest




glIZ Afor14c4 _.-d4e1611

4-iet*A-1,1/4.024"S1e-t\ V-04- dr-di a

(--;TR

oes 1,0 L.\ Sf2A a5 c

o be de rint the above box and fill in for each additional [If more than one pecuniary interest.]

Matter giving rise to pecuniary interest' /



(the subject land)3


IVT e identified land.

Land that adjoins or is adjacent to or is in proximity to


,





DcP .20 (10 ,.....)t r





-,

A ct, ei--4D t"eck-; —L

Effect Effect of proposed change of zone/planning




—

. t V sad \ 'DN.> 5 C;IS_Tex- •

....----.

Councillor's signature

[This form is to be retained by the council's gener meeting]

manager and included in full in the minutes of the

1 Section 443 (1) of the Local Government Act 1993 provides that you may have a pecuniary interest in a matter because of the pecuniary interest of your spouse or your de facto partner or your relative's or because your business partner or employer has a pecuniary interest You may also have a pecuniary interest in a matter because you, your nominee, your business partner or your employer is a member of .a company or other body that has a pecuniary interest in the matter. "



Relative is defined by the Local Government Act 1993 as meaning your, your spouse's or your de facto partner's parent grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child and the spouse or de facto partner of any of those persons.

%()•71e

e

















Special disclosure of pecuniary interests by i/cdA [full n me o c

,PilIor]

in the matter of Z e/ts 2_ cs9 S [insert name of environmental planning instrument]

which is to be considered at a meeting of the •wel 6<x_9-1- Sce 74-/cel [name of council or council committee]

to be held on the 2- Al- Aloc, 2 VI( [date]

Pecuniary interest





[Tick or cross one box.] EtXuncillor has interest in the land (e.g. is owner or has





land.

cred-) e_

2_

Date l a.2-&t Councillor's signatur

Matter giving rise to pecuniary interest'



3 (the subject land)



0 Land that adjoins or i

the identified land

djacent to or is in proximity to









/..-.-----




financial gain" or "Appreciable financial loss"] .....

,,,,,.,......-



1 Section 443 (1) of the Local Government Act 1993 provides that you may have a pecuniary interest in a matter because of the pecuniary interest of your spouse or your de facto partner or your relative4 or because your business partner or employer has a pecuniary interest. You may also have a pecuniary interest in a matter because you, your nominee, your business partner or your employer is a member of a company or other body that has a pecuniary interest in the matter.



4 Relative is defined by the Local Government Act 1993 as meaning your, your spouse's or your de facto partner's parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child and the spouse or de facto partner of any of those persons.

















Special disclosure of pecuniary interests by i , "C-1— (4(C-1-k0( [full name of councillor]

in the matter of t C311'S — . [insert name of environmental planning instrument]

which is to be considered at a meeting of the I C.— [name of council or council committee]

to be held on the [date]

Pecuniary interest

Address of land in which councillor or an 40 1 4 I 44. ..Nr

associated person, company or body has a e-"%-e4 • 461'

proprietary interest (the identified land) 1 14- ‘4.

I egeovo DGE-






land.



Matter giving rise to pecuniary interest2





El The identified land.



els i ci) , y0\ c9 Current zone/planning control




S51___E--P Ilic,

. .

DC - C, • .,





NAV Oks6_




financial gain" or "Appreciable financial lose] A--x- \ -



Date .9-4 — ) .


1 Section 443 (1) of the Local Government Act 1993 provides that you may have a pecuniary interest in a matter because of the pecuniary interest of your spouse or your de facto partner or your relative' or because your business partner or employer has a pecuniary interest. You may also have a pecuniary interest in a matter because you, your nominee, your business partner or your employer is a member of a company or other body that has a pecuniary interest in the matter.




















Special disclosure of pecuniary interests by Cameie (?e,s [full name of councillor]

in the matter of C. 9 [insert name of environmental planning instrument]

which is to be considered at a meeting of the StAkedelotok shirt, CIA.G.1.6 [name of council or council committee]

to be held on the




Pecuniary interest



(date]

/Councillor has interest in the land (e.g. is owner or has

other interest arising out of a mortgage, lease, trust option


ID/Associated person of councillor has interest in the land.

12( Associated company or body of councillor has interest ii

land.




(the subject land)3

[Tick or cross one box] the identified land.

_ d The identified land.

Land that adjoins or is adjacent to or is in proximity to













[If more than one pecuniary interest is to be de , reprint the above box and fill in for each additional 2 interest]


1 Section 443 (1) of the Local Government Act 1993 provides that you may have a pecuniary interest in a matter because of the pecuniary interest of your spouse or your de facto partner or your relative' or because your business partner or employer has a pecuniary interest You may also have a pecuniary interest in a matter because you, your nominee, your business partner or your employer is a member of a company or other body that has a pecuniary interest in the matter.



Relative is defined by the Local Government Act 1993 as meaning your, your spouse's or your de facto partner's parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child and the spouse or de facto partner of any of those persons.

Councillor's signature Date 09- *

Councillor LIP Zoning Property Address Nature of Interest Context of interest Lot Number &DP Number Primary Use of the Land Lot 30/4-8 Warburton Street, Director of CD Ventures Pty

Ltd

Lot 31/4-8 Warburton Street, Director of Additional

—Germdo Pcsee ,3413 6perierife-6tr ert

Director of Carmichael

CTCTO . . . u 4

Cen_:t.,lercrerises 03 C . e‘ei Cerc (../LLEP.7.161S) -site oti•in 1r2 loteketiSelen

This appears to be alternative address for

DireCtor of CO•Venttires

Ca, ,,icle-N.,ce 3/2 S..of LW Let I SA 1382

Director of Carmichael

This appears to be a reference to Lot 3 S/Pi

4.1 p .„ •

sAt.33 Disvcietsment (SfhCP2E1-16)

o e 'a* 1'2 4t' -t?

:

,•

•

E4 Environmental Living (SSLEP2015)

d taerLaJ

Councillor Carmelo Pesce Councillor Pecuniary Interest Table for Planning Control Comparison as at 26/04/2016 for Carmelo Pesce - Sutherland Shire Council

dl IT IC I LLL.MUIId 1Cet.,

Directer.Of • -;.Espresso Pty Ltd (tenant of

Ucl

39/65-75 Captain Cook Drive, Director of Additional

rit. 'Cautzl,L ... Director of Additional

Let f.',0 SIP 4)700 10/6i45 Captain Cook Drive,

.......,,, ,

•••••••• Carmelo Pesce 69 Tara 5tceet, Sylvania Owner Lot 12 OP 859645

Carrnelo'Pesce 46 Brides Stteet,:Xurnell, , Rocco &:UsaPesce :PP".6.0

Carmelo Pesce 4 Gamenya Place, Engadine Sibling - Natalie Marie

Elliott Lot 15 DP 240056

4/171 Burraneet.4,Road; Director of Additional

`.. Cdf IIIC UrleSIM Lars-tomb. rruperiy uluup r/L LUL 3/r CLJ.1

...or. Carmelo Pesce 38 Malvem Road, Miranda Parents-Rosa &Afltoniti

,esce Lot 24 DP 26110

Ima.. Carmel°, ,e,sce Corea Street, Sylvania • P_V•00.11ii;(0 14k.0.40.v.

ibtusip:e6s4

Dwelling houses/dual •• occupancies in Area A on APU

map Dwelling houses/dual

occupancies in Area A on APU map

Dwelling houses/Dual: occupancies/Multi dwelling •

Dwelling houses/dual occupancies in Area A on APU

map E4 Environmental Living (WM015)

0Welli Ilc.)0s.e.#1;44 occupancies/Multi dwelling

housia R2 LovetWetiet Residential (SSLEP2015)

:20—**01:0*P:e.:01t:80#0.#. • " EP2oiS) one let in 47 lot strata'

, E4 Environmental Vving (SSLEP2215)

oirectotofAdditional

Director of Additional

• 10511 LP

•779ifilietoxorAda1tional:

Parents - Rosa & Antonio

Director of CD Ventures Pty

I declare that the above lists all properties relevant to my application for pecuniary interest dispensation under s458 of the Local Government Act 1993,

Date /‘

The Mayor, Councillor Carmelo Pesce

[name of council or council committee]

(2-t IN 7416 [date] to be held on the

















Special disclosure of pecuniaryinterests by 3 OW VAD [full name of councillor]

in the matter of 19(P "2,o IS [insert name of environmental planning instrument]

which is to be considered at a meeting of the t2'6( icld

Pecuniary interest

-240 Address of land in which councillor or an



NlePA Pk (Z



t



o or ntract, or otherwise).

u



land.






The identified land.







D cp s Is — ,,,,-....





1) c_ P , Afro, r 4





A t° 12 a fk- ( .i-fif% A- Acr's4 1 6ss

[If more than one pecuniaty interest is to be declared, reprint the above box and fill in for each additional interest.]

Councillor's signature QUAL Date I /11/E0K


1 Section 443 (1) of the Local Government Act 1993 provides that you may have a pecuniary interest in a matter because of the pecuniary interest of your spouse or your de facto partner or your relative4 or because your business partner or employer has a pecuniary interest. You may also have a pecuniary interest in a matter because you, your nominee, your business partner or your employer is a member of a company or other body that has a pecuniary interest in the matter.




[date] to be held on the I I

Pecuniary interest




1406 ‘Et.k•leri-( P-40-11-WeE

tr? 'tz0 I<NGStkJitti




QVAssociated person of councillor has interest in the land.


land.







2 If any space is insufficient in this form for all the particulars required to complete it an appendix is to be













in the matter of [insert name of environmental planning instrument]

which is to be considered at a meeting of the 'Jet ODO L. [name of council or council committee]






VThe identified land.

0 Land that adjoins or is adjacent to or is in proximity to•






DR/N.46r P





...


control on councillor , [Insert one of the following: "Appreciable





Section 443 (1) of the Local Government Act 1993 provides that you may have a pecuniary interest in a matter because of the pecuniary interest of your spouse or your de facto partner or your relative's or because your business partner or employer has a pecuniary interest You may also have a pecuniary interest in a matter because you, your nominee, your business partner or your employer is a member of a company or other body that has a pecuniary interest in the matter.


3 A pecuniary interest may arise by way of a change of permissible use of land adjoining, adjacent to or in proximity to land in which a councillor or a person, company or body referred to in section 443 (1) (b) or (c) of the Local Government Act /993 has a proprietary interest—see section 448 (g) (ii) of the Local Government Act 1993.

4 Relative is defined by the Local Government Act 1993 as meaning your, your spouse's or your de facto partner's parent, grandparent brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child and the spouse or de facto partner of any of those persons.

Date


















in the matter of De--/' &a/6 44040 cy [insert name of environmental planning instrument]

which is to be considered at a meeting of the [name of council or council committee]

/117.*gc-C;721A/c.

c2/////2_a/6 .

[date]

4900/616t019KE- h//11 620,v1)//ek.



or coetcor otherwise).


0 Associated company or body of councillor has interest il

land.

to be held on the

Pecuniary interest

















applying to the subject land] .

Proposed change of tone/planning control



to the subject land]

..- e. . — /I et: krir pi . I 9 -eiU, 1 /9 -f/ CO 6

i, /e

.epted,ex/e...c (42applying /,- .

*e spireE • Effect of proposed change of zone/planning




09X/ert,S 41-5

[If more than one pecuniary interest is to be declared, reprint the above box and fill in for each additional interest]

Date


1 Section 443 (1) of the Local Government Act 1993 provides that you may have a pecuniary interest in a matter because of the pecuniary interest of your spouse or your de facto partner or your relative' or because your business partner or employer has a pecuniary interest You may also have a pecuniary interest in a matter because you, your nominee, your business partner or your employer is a member of a company or other bOdy that has a pecuniary interest in the matter.



•




Section 451 of the Local Government Act 1993 - Form of Special Disclosure of Pecuniary'Interest







pecuniary interest that arises only because of an interest of the councillor in the councillor s principal place of








Special disclosure of pecuniary interests by .4) / [full name of councillor]

in the matter of IYOT Of r — / _tC €1 P. 1) ° c-"*" Itrb("A thG [insert name of environmental planning instrument]

c-auive, which is to be considered at a meeting of the - - [name of council or council committee]

1-- A•-

to be held on the ebc t vr

01/". jdate]

Pecuniary interest




23 Gar ran bet°, 4eigca.cole _ q q. a30,02-r-C35 a I ti‘o


[Tick or cross one box.] EVC ouncillor has interest in the land (e.g. is owner or has


or contract or otherwise).

El Associated person of councillor has interest in the land.


land.




(the subject land)3












applying to the subject land] •






Councillor's signature Date




3 A pecuniary interest may arise by way of a change of permissible use of land adjoining, adjacent to or in proximity to land in which a councillor Or a person, company or body referred to in section 443 (1) (b) or (c) of the Local Government Act 1993 has a proprietary interest—see section 448 (g) (ii) of the Local Government Act 1993.

4 Relative is defined by the Local Government Act 1993 as meaning your, your spouse's or your de facto partner's parent, grandparent brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child and the spouse or de facto partner of any of those persons.


Section 451 of the Local Government Act 1993- Form of Special Disclosure of Pecuniary Interest















Special disclosure of pecuniary interests by C,4e2-4P7 (Pre o,,•#9-. 9̂ [full name of councillor]

in the matter of [insert name of environmental planning instrument]

which is to be considered at a meeting of the 5/, 14, 1 Co gwn

[name of council or council committee]

to be held on the (date]

Pecuniary interest




139aeart-11 -QVLJ e tzJ9a,vc. az" eo /ee

ap,,,,ce


[Tick or cross one box.] 0 Councillor has interest in the land (e.g. is owner or has


or co ract, or otherwise).



land.

Matter giving rise to pecuniary interes9


zone/Planning control by proposed LEP



iThe identified land. .







Ler. 7_0/s





., Al, I





N I


Councillor's signature e.‘.42661̂ ) Date



2 Section 442 of the Local Government Act 1993 provides that a pecuniaiy interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person. A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to the matter or if the interest is of a kind specified in section 448 of that Act (for example, an interest as an elector or as a ratepayer or person liable to pay a charge).

3/1Z/I



r.

Schedule 3A Form of Special disclosure of pecuniary interest

Section 451 of the ,Local Government Act 1993 - Form of Special Disclosure of Pecuniary Interest















Afr Special disclosure of pecuniary interests by 5 [full name of councillor]

in the matter of /7742/ /,44 [insert name of environmental planning instrument]

which is to be considered at a meeting of the Ce, / [name of council or council committee]

to be held on the

Pecuniary interest

.2///t/ /‘

• 3 pi-Afep-e7.9eifw,e,9 ,9A-F-e-D.C.

225er kr- Councillor has interest in the land (e.g. is owner or has





land.






Matter giving rise to pecuniary interestz



(the subject land)3


0 Land that adjoins or is adjacent to

the identified lard.













[If more than one pecuniaty interest is to be declared, reprint the above box and fill in for each additional interest.]

Councillor's signature Date


1 Section 443 (1) of the Local Government Act 1993 provides that you may have a pecuniary interest in a matter because of thd pecuniary interest of your spouse or your de facto partner or your relative4 or because your business partner or employer has d pecuniary interest You may also have a pecuniary interest in a Matter because you, your nominee, your business partner or your employer is a member of a company or other body that has a pecuniary interest in the matter.

2 Section 442 of the Local Government Act 1993 provides that a pecuniary interest is an interest that a person has in .a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person. A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to the matter or if the interest is of a kind specified in section 448 of that Act (for example, an interest as an elector or as a ratepayer or person liable to pay a charge).

A pecuniary interest may arise by way of a change of permissible use of land adjoining, adjacent to or in proximity to land in which a councillor or a person, company or body referred to in section 443 (1) (b) or (c) of the Local Government Act 1993 has a proprietary interest—see section 448 (g) (ii) of the Local Government Act 1993.

Relative is defined by the Local Government Act 1993 as meaning your, your spouse's or your de facto partner's parent grandparent brother, sister, uncle, aunt nephew, niece, lineal descendant or adopted child and the spouse or de facto partner of any of those persons.

2016 11 21 council minutes - sutherland shire · 2016-12-08 · council meeting 21 november 2016...

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