minutes of ordinary meeting - 29 april 2014

BLUE MOUNTAINS CITY COUNCIL

MINUTES OF ORDINARY MEETING OF COUNCIL

29 April 2014

INDEX

Minute File No. SUBJECT Page

110 CONFIRMATION OF MINUTES – ORDINARY MEETING – 25

MARCH 2014 .................................................................................... 3 DECLARATIONS OF INTEREST – ORDINARY MEETING .............. 4

110 PROCEDURAL – PROCEDURAL MOTION ...................................... 4 PROCEDURAL - PROCEDURAL MOTION ...................................... 4

112 14/69676 UNDERINSURED BUSHFIRE AFFECTED RESIDENTS .................. 5 113 14/72952 LOCAL COMMUNITY RECOVERY STEERING GROUP

MEMBERSHIP .................................................................................. 5 114 14/74798 SYDNEY SECOND AIRPORT - BADGERYS CREEK ....................... 6 115 PROCEDURAL - PROCEDURAL MOTION ...................................... 7 116 PROCEDURAL - PROCEDURAL MOTION ...................................... 7 117 14/74297 INTERNATIONAL DAY AGAINST HOMOPHOBIA AND

TRANSPHOBIA ................................................................................ 8 118 14/63867 NOMINATION OF KERRY BARTLETT FOR FREEMAN OF THE

CITY .................................................................................................. 8 119 14/63109 DELIVERY PROGRAM 2013-2017 INCORPORATING

OPERATIONAL PLAN 2014-2015 - ADOPTION FOR PUBLIC EXHIBITION ...................................................................................... 9

120 14/45921 SCHEDULE OF INVESTED MONIES FOR FEBRUARY 2014 .......... 9 121 14/47529 ADOPTION OF COUNCIL'S HERITAGE STRATEGY 2014-2107 ....10 122 14/74911 COMMUNITY ASSISTANCE DONATIONS/RECOMMENDATION

BY COUNCILLOR ............................................................................10 123 14/27600 WATER FEATURES AT WILSON PARK LAWSON .........................11 124 14/62277 SYDNEY WATER'S SUBSIDISED SEWAGE PUMP-OUT UPDATE12 125 14/65370 EXTENSION OF CONTRACT TO OPERATE THE BLAXLAND

WASTE MANAGEMENT FACILITY (CONTRACT EM BWMF 01/2006) ...........................................................................................13

126 14/2379 STRONGER FAMILIES ALLIANCE ..................................................13 127 14/43241 REVIEW AND EXHIBITION OF COMPANION ANIMALS

MANAGEMENT PLAN .....................................................................14 128 14/47386 NSW PUBLIC LIBRARY ASSOCIATION'S CAMPAIGN FOR

INCREASED FUNDING TO LOCAL GOVERNMENT FOR PUBLIC LIBRARIES ......................................................................................15

129 14/56459 377 COMMITTEES - RESIGNATIONS AND APPOINTMENTS - LAWSON COMMUNITY HALL (MECHANICS INSTITUTE) AND BRAEMAR HOUSE & GALLERY .....................................................15

130 14/60577 KATOOMBA COMMUNITY HALL (FORMER KATOOMBA LIBRARY) - OUTCOMES OF THE EXPRESSIONS OF INTEREST PROCESS .......................................................................................16

131 14/48893 DEVELOPMENT APPLICATION NO. X/559/2013 FOR 1 INTO 2 LOT SUBDIVISION AND DUAL OCCUPANCY ON EACH NEW LOT ON LOT 100 DP 836178, 5 WHITTON STREET, KATOOMBA ........17

132 14/56696 DEVELOPMENT APPLICATION NO. X/86/2014 FOR USE GROUND FLOOR AS AN ARTS AND CRAFTS GALLERY (CONSERVATION INCENTIVES) ON LOT 55 DP 1126216, 88 RAILWAY PARADE, LEURA ............................................................18

133 14/59781 DEVELOPMENT APPLICATION NO. X/113/2014 FOR CHANGE OF USE FROM A RETAIL PREMISES TO PART RETAIL AND

INDEX Contd

Minute File No. SUBJECT Page

PART REFRESHMENT ROOM ON LOT 124 DP 874647, 5 RAYMOND ROAD, SPRINGWOOD .................................................19

134 14/56719 STATE ENVIRONMENTAL PLANNING POLICY NO.1 (SEPP 1) VARIATIONS ...................................................................................19

135 14/40935 DRAFT HAZELBROOK VILLAGE CENTRE - PUBLIC DOMAIN MASTERPLAN .................................................................................20

136 PROCEDURAL - PROCEDURAL MOTION .....................................20 137 PROCEDURAL - PROCEDURAL MOTION .....................................21 138 PROCEDURAL - PROCEDURAL MOTION .....................................21 139 14/34083 LOCAL TRAFFIC COMMITTEE - MINUTES OF 12 FEBRUARY

2014 .................................................................................................22 140 14/70231 RACIAL DISCRIMINATION ACT 1975 .............................................22 141 14/74945 PRECIS OF SELECTED CORRESPONDENCE ..............................23 142 PROCEDURAL - MATTER OF URGENCY ......................................24 143 PROCEDURAL - MATTER OF URGENCY ......................................24 144 PROCEDURAL - MATTER OF URGENCY ......................................25 145 14/65370 EXTENSION OF CONTRACT TO OPERATE THE BLAXLAND

WASTE MANAGEMENT FACILITY (CONTRACT EM BWMF 01/2006) ...........................................................................................26

146 PROCEDURAL – QUESTION THAT MEETING CLOSE ..................26

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Confirmed Minutes Ordinary Meeting 29 April 2014

Minutes of the Ordinary Meeting of Council of the City of Blue Mountains, held in the Chambers on Tuesday, 29 April 2014, commencing at 7.04pm.

* * * * * * * * * * There were present: The Mayor (Councillor Greenhill) in the Chair, and Councillors Begg, Christie, Fell, Hollywood, Luchetti, McGregor, Myles, Stock, Van der Kley, Von Schulenburg, Williamson.

* * * * * * * * * *

In attendance: General Manager; Director City Services; Director City & Community Outcomes; Director Development Health & Customer Services; Group Manager, People & Systems, Group Manager Integrated Planning and Finance; Executive Officer; Chief Financial Officer: Manager Built Assets; Manager Development & Planning Services; Manager City Planning; Manager Building & Compliance; Communications Officer; Program Leader Integrated Planning and Finance; Corporate Planning Officer; A/ Project Support Officer Community; Project Support Officer Governance Publications; IT Trainee; Ranger; Ranger.

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

* * * * * * * * * * Apologies

A MOTION was MOVED by Councillors

NIL

* * * * * * * * * *

MINUTE NO. 110

Confirmation of Minutes - Ordinary Meeting - 25 March 2014

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

That the Minutes of the Ordinary Meeting of 25 March 2014 be confirmed. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against

Councillors Greenhill Councillors Christie Von Schulenburg Fell Luchetti

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Myles Hollywood Williamson Begg McGregor Stock Van der Kley

* * * * * * * * * * Declarations of Interest – Ordinary Meeting, 29 April 2014 Councillor Fell declared a non-significant, non-pecuniary interest with respect to Item 16:

“I am declaring that I have an interest in this item and will therefore be leaving the Chamber during the debate and vote.”

Councillor Hollywood declared a significant, pecuniary interest with respect to Item 17:

“I am declaring that my husband is involved in the design work and will therefore be leaving the Chamber during the debate and vote.”

Councillor Myles declared a non-significant, non-pecuniary interest with respect to Item 17:

“I am declaring that a number of the persons making EOI to this process are known to me but I will be remaining in the Chamber for the debate and the vote.”

Councillor Van der Kley declared a pecuniary interest with respect to Item 22:

“I am declaring that I am a property owner in the Hazelbrook Shopping Centre and will therefore be leaving the Chamber during the debate and vote.”

* * * * * * * * * *

MINUTE NO. 111

Procedural - Procedural Motion

A MOTION was MOVED by Councillors Luchetti and Fell That the Council allows Brianna Cook, winner of the Girl Guides ‘Mayor for a Day’ Competition, and Heather Pinning, Girl Guide Unit Leader, to join the Mayor at the Council meeting table for the Ordinary Meeting of the Council on 29 April 2014. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against

Councillors Greenhill Councillors Christie Von Schulenburg Fell Luchetti Myles Hollywood Williamson Begg

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McGregor Stock Van der Kley

* * * * * * * * * *

MINUTE NO. 112

1. 14/69676. Underinsured Bushfire Affected Residents

A MOTION was MOVED by Councillors Greenhill and Luchetti:

1. That the Council writes to the Insurance Council of Australia seeking their support to advocate on behalf of underinsured residents;

2. That the Insurance Council of Australia is asked to consider its roles and

responsibilities to insurers in relation to underinsurance and that they take a pro-active approach to identifying areas of underinsurance;

3. That the Insurance Council of Australia is requested to facilitate settlement

outcomes for fire affected residents who were unknowingly underinsured; and

4. That the Insurance Council of Australia be requested to require the strengthening of policies and procedures relating to the insurance industry’s obligations to provide policy holders with accurate estimates of rebuild costs for property in fire prone areas and look at other ways of covering unexpected shortfalls.

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

For Against

Councillors Greenhill Councillors Von Schulenburg Fell Luchetti Myles Hollywood Williamson Begg McGregor Stock Van der Kley

With Councillor Christie out of the chamber.

* * * * * * * * * *

MINUTE NO. 113

2. 14/72952. Local Community Recovery Steering Group Membership

A MOTION was MOVED by Councillors Greenhill and Myles:

1. That the Council agrees to the request from the State Local Member for the Blue Mountains Roza Sage and the Senior Regional Coordinator of the Department of Premier and Cabinet to become members of the Local Community Recovery Steering Group (LCRSG); and

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2. That in addition the Council formally invites the Local Federal Member for

Macquarie, Louise Markus and the Federal Senator, Doug Cameron to be members of the LCRSG.


For Against

Councillors Greenhill Councillors Christie Von Schulenburg Fell Luchetti Myles Hollywood Williamson Begg McGregor Stock Van der Kley

* * * * * * * * * *

MINUTE NO. 114

3. 14/74798. Sydney Second Airport - Badgerys Creek

A MOTION was MOVED by Councillors Greenhill and Luchetti:

1. That the Council reaffirms its existing policy position in opposing Badgerys Creek as the Sydney Second Airport location; and

2. That, following the recent announcement by the Federal Government naming

Badgerys Creek as the site for Sydney’s second airport and given its impact on the City and the World Heritage Listed National Park, the Council requests through the office of Louise Marcus MP, Federal Member for Macquarie an urgent briefing of Councillors by the General Manager, Sydney Aviation Capacity on the Badgerys Creek decision.

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

For Against


* * * * * * * * * *

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MINUTE NO. 115


A MOTION was MOVED by Councillors Hollywood and Van der Kley: 1. That the Council adjourn to allow Brianna Cook, winner of the Girl Guides ‘Mayor

for a Day’ Competition, and Heather Pinning, Girl Guide Unit Leader, to adjourn from the Council meeting table for the Ordinary Meeting of the Council on 29 April 2014; and

2. That the Council congratulates and thanks Brianna Cook for her interest and

involvement in the ‘Mayor for a Day’ activities. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against Councillors Greenhill Councillors

Christie Von Schulenburg Fell Luchetti Myles Hollywood Williamson Begg McGregor Stock Van der Kley

* * * * * * * * * *

MINUTE NO. 116


A MOTION was MOVED by Councillors Fell and Van der Kley: That the Council reorders business so as to address Item 5 Nomination of Kerry Bartlett for Freeman of the City, followed by item 17 Katoomba Community Hall (former Katoomba Library) – Outcomes of the Expressions of Interest Process. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:



* * * * * * * * * *

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MINUTE NO. 117

4. 14/74297. International Day Against Homophobia and Transphobia

A MOTION was MOVED by Councillors Christie and Fell:

1. That the Council reiterates its ongoing support for public recognition of the International Day Against Homophobia and Transphobia;

2. That the Council encourages Councillors, Blue Mountains City Council staff and

the community to attend the Rainbow Flag Raising at Civic Place Katoomba at 10.00am and the follow-up event and celebrations at Carrington Square Katoomba at 11.00am on Saturday 17 May 2014; and

3. That the Council thanks the community representatives and the Council staff on

the IDAHO organising committee for their valuable and creative input into planning and hosting the IDAHO event for the city of Blue Mountains in 2014.


For Against


* * * * * * * * * *

MINUTE NO. 118

5. 14/63867. Nomination of Kerry Bartlett for Freeman of the City

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

That the Council presents Mr Kerry Bartlett the prestigious Award of Freeman of the City in recognition of Mr Bartlett’s outstanding commitment and long standing civic service to the Blue Mountains community. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against

Councillors Greenhill Councillors Christie Von Schulenburg Fell Luchetti Myles

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Hollywood Williamson Begg McGregor Stock Van der Kley

* * * * * * * * * *

MINUTE NO. 119

6. 14/63109. Delivery Program 2013-2017 incorporating Operational Plan 2014-2015 - Adoption for Public Exhibition

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

1. That the Council endorses the Draft Delivery Program 2013-2017 incorporating the Operational Plan 2014-2015 for placement on public exhibition for a period of 28 days from 1 May to 28 May 2014 and seek community feedback;

2. That the Council endorses the re-allocation of $645K into a reserve for: renewal of

high risk assets and/or high risk asset failures (shocks)and/or priority community projects in 2015-2016 (as detailed in the report); and

3. That the Council receives a report in June 2014 on the outcomes of the exhibition

and any recommended final changes to the documents prior to their final adoption. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being:

For Against

Councillors Greenhill Councillors Williamson Christie Stock Von Schulenburg Fell Luchetti Myles Hollywood Begg McGregor Van der Kley

* * * * * * * * * *

MINUTE NO. 120

7. 14/45921. Schedule of invested monies for February 2014


1. That the Council receives the schedule of invested monies for February 2014; and 2. That the Council notes the certificate of the Responsible Accounting Officer. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

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* * * * * * * * * *

MINUTE NO. 121

8. 14/47529. Adoption of Council's Heritage Strategy 2014-2107


That the Council adopts the Draft Blue Mountains City Council Heritage Strategy 2014-2017. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

MINUTE NO. 122

9. 14/74911. Community Assistance Donations/Recommendation by Councillor


That the Council endorses the following community assistance donations from the Mayoral and Councillor funds:

Organisation Amount Winmalee High School $621.50 Blaxland Football Club $1000.00

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Lapstone Public School $100.00 Little Miracles Pre-School $328.00 Rotary Club of Lower Blue Mountains $881.11


For Against


* * * * * * * * * *

MINUTE NO. 123

10. 14/27600. Water Features at Wilson Park Lawson


1. That the Council recognises the heritage value of the concrete relief map of Australia and associated Waterways at Wilson Park in Lawson and notes that these features are identified as being of State and Local heritage significance according to the conclusions of a heritage analysis conducted by an independent heritage expert;

2. That the Council implements the proposed actions in Table 1 of this report and

include in the draft Operation Plan for 2014-15 for tracking and reporting purposes; and

3. That the Council receives a further report, on completion of the recommendation 2,

providing details of the options, costs and sources of funding for appropriate management of the site in line with its heritage significance.


For Against

Councillors Greenhill Councillors Christie Von Schulenburg Fell Luchetti Myles Hollywood Williamson Begg

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McGregor Stock Van der Kley

* * * * * * * * * *

MINUTE NO. 124

11. 14/62277. Sydney Water's Subsidised Sewage Pump-Out Update

A MOTION was MOVED by Councillors Hollywood and McGregor:

1. That the Council notes the content of this report and that a further meeting with affected residents is being planned for early May;

2. That the Council continues to advocate to the Minister for Finance and Services,

Sydney Water and the Local Member for the Blue Mountains for acceptable long term sewage management solutions for the 72 affected Blue Mountains households including seeking a meeting with the Minister for Finance and Services;

3. That the Council notes that the effluent pump-out service provided by the Council

under contract to Sydney Water will cease on 30 June 2014, following the 12 month extension of this contract;

4. That the Council writes to Sydney Water’s 72 affected household customers

advising them of the removal of the subsidy and that Council can no longer provide the service;

5. That the Council notes that a request has been made to Sydney Water to extend

the time during which households may consider and respond to the Application to Wastewater Services option, by at least 4 weeks, given the potential scale of household investment; and

6. That the Council receives a further update report in May 2014. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

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MINUTE NO. 125

12. 14/65370. Confidential Business Paper - Extension of Contract to Operate the Blaxland Waste Management Facility (Contract EM BWMF 01/2006)


1. That Item 12 in the Business paper be deferred for consideration until all other business of this meeting has been conducted; and

2. That the Council close part of the Council Meeting for consideration of Item12 in

the Confidential Business Paper ‘Extension of Contract to Operate the Blaxland Waste Management Facility (Contract EM BWMF 01/2006)‘ pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993, as the report contains, and discussion is likely to involve:

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

MINUTE NO. 126

13. 14/2379. Stronger Families Alliance


1. That the Council notes the information contained within this report; and 2. That the Council receives an annual update on the Stronger Families Alliance

(SFA) headline achievements and challenges of the SFA implementing the Child and Family Plan.


For Against

Councillors Greenhill Councillors Von Schulenburg Fell

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Luchetti Myles Hollywood Williamson Begg McGregor Stock Van der Kley

With Councillor Christie out of the chamber.

* * * * * * * * * *

MINUTE NO. 127

14. 14/43241. Review and Exhibition of Companion Animals Management Plan


1. That the Council notes the report on the implementation of the 2011-2014 Companion Animals Management Plan forming Enclosure 1 to this Report;

2. That the Council publicly exhibits the draft 2014-2017 Companion Animals

Management Plan forming Enclosure 2 to this Report for a period of twenty-eight (28) days;

3. That identified interest groups and relevant professionals, such as the RSPCA,

local vets, kennel and cattery owners, pet shops, animal trainers, animal clubs and other interested community groups, be advised of the enclosed draft plan and invited to comment; and

4. That the draft 2014-2017 Companion Animals Management Plan be reported back

to the Council for consideration of any submission/s and adoption prior to its implementation.


For Against


* * * * * * * * * *

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MINUTE NO. 128

15. 14/47386. NSW Public Library Association's campaign for increased funding to Local Government for Public Libraries


That Council provides support to the campaign mounted by the NSW Public Library Associations for increased State funding to local government for public libraries by:

a) Making representation to the local State Members for Blue Mountains Roza Sage and for Penrith Stuart Ayres requesting their support for the need for additional funding from the NSW State Government for the provision of public library services;

b) Writing to the Hon. George Souris, MP, Minister for the Arts, calling upon the Government to implement the key elements of the Reforming Public Library Funding proposed by the Library Council of NSW as generally described in this report; and

c) Endorsing the display of the Library Associations campaign information in the

Council’s libraries including the petition and information material illustrated at Attachment 1.


For Against


* * * * * * * * * *

MINUTE NO. 129

16. 14/56459. 377 Committees - Resignations and Appointments - Lawson Community Hall (Mechanics Institute) and Braemar House & Gallery

A MOTION was MOVED by Councillors Van der Kley & Myles:

1. That the Council formally accepts the resignations received from Bluey Quilty, Brian Bell, Lynn Hudson and Steven Mazur of the Lawson Community Hall (Mechanics Institute) 377 Committee and the resignations received from Christeen Hull and Albert Foster of the Braemar House and Gallery Committee;

2. That the Council acknowledges the service of the outgoing Committee members

with a letter of appreciation;

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3. That the Council formally appoints Jane Birmingham and Warren Baker to the Lawson Community Hall (Mechanics Institute) 377 Committee and Sandra Ebbeling, Louise Kerr, Annabelle Solomon and Caren Berzins to the Braemar House and Gallery 377 Committee; and

4. That the Council notes that the Premises Review Panel will review the guidelines

for new appointments to 377 Committees in general to ensure good governance practices and report back to the Council by December 2014.


For Against

Councillors Greenhill Councillors Von Schulenburg Luchetti Myles Hollywood Williamson Begg McGregor Stock Van der Kley

With Councillors Fell and Christie out of the chamber.

* * * * * * * * * *

MINUTE NO. 130

17. 14/60577. Katoomba Community Hall (former Katoomba Library) - Outcomes of the Expressions of Interest Process

The meeting was addressed by: Jennifer Boyall, Yvonne Hellmers, Michael Brischetto, Jennifer Don, Tiriel Mora, Tom Colless OAM, Stephen Measday, Ian Milliss, John Donohoe, Mary Travers

A MOTION was MOVED by Councillors Luchetti and Fell:

1. That the Council notes the outcomes of the Expression of Interest Process for the management and / or use of the Katoomba Community Hall and acknowledges the applicants for their effort and commitment in preparing the submissions to this process;

2. That the Council notes the Council’s Premises Review Panel considered that the

EOI resulted in an application for a specialist theatre use of the Hall that seeks to commit Council to additional expenditure, which is beyond the scope of the Premises Review Panel’s terms of reference for EOI process;

3. That the Council endorses the Premises Review Panel recommendation for the

Council to manage Hall bookings (consistent with its other halls), for a six month trial period given the extended period without a facility, to assess the level and nature of booked uses across all stakeholders to establish the feasibility of accommodating all stakeholders who have made submissions, and any other likely users;

4. That the Council receives a report including recommendations of the Premises Review Panel, no later than nine months from commencement of the trial period on

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the outcomes of the trial and the report includes Council’s business case/s for any proposed accommodation needs of any interested users, so that the Council can further consider the matter and make decisions in time to inform the Operational Plan and budget process for the 2015-16 financial year;

5. That during the period of the trial the Council staff be authorised on a without

prejudice basis to consult with any applicant to the EOI process seeking to fit out and use the hall including for the purpose of a theatre and to prepare a report canvassing costed options (business case/s) for any fit out that includes operational costs for options to deliver the project at no cost to the Council;

6. That any options for construction and use of the hall as a purpose built facility

ensures accessibility and equity for all other users;

7. That for the consideration of the use and operation of the Katoomba Community Hall only and for the purpose of consultation with any applicants for a specialist built use and to review usage patterns and any staff business case/s developed relating to recommendations 5 & 6 the Premises Review Panel membership be increased to include any interested Councillors;

8. That the Council also notes that there is an action in the draft Operation Plan for 2014-15 to commence review of the Cultural Strategy 2006-16 to conduct “a broader investigation of options for performing arts venues, in particular, in the mid-upper mountains”; and

9. That the Council receives a further report on the outcomes of this Cultural Strategy action to coincide with the timing of the report on the outcomes of the trial as outlined in Recommendation 4.


For Against

Councillors Greenhill Councillors Christie Von Schulenburg Fell Luchetti Myles Williamson Begg McGregor Stock Van der Kley

With Councillor Hollywood out of the chamber.

* * * * * * * * * *

MINUTE NO. 131

18. 14/48893. Development Application No. X/559/2013 for 1 into 2 Lot subdivision and dual occupancy on each new Lot on Lot 100 dP 836178, 5 Whitton Street, Katoomba


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That the Development Application No. X/559/2013 for a 1 into 2 lot subdivision with a detached dual occupancy development on each new lot at Lot 100 DP 836178, 5 Whitton Street, Katoomba be determined pursuant to S.80 of the Environmental Planning and Assessment Act 1979 by the granting of consent subject to conditions shown in Attachment 1 to this report. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:



* * * * * * * * * *

MINUTE NO. 132

19. 14/56696. Development Application No. X/86/2014 for use ground floor as an Arts and Crafts Gallery (Conservation Incentives) on Lot 55 DP 1126216, 88 Railway Parade, Leura

The meeting was addressed by: Ian Fitch, Deborah Whitford, Barry Jarrott

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

That the Development Application No. X/86/2014 for use ground floor as an Arts and Crafts Gallery (conservation incentives) on Lot 55 DP 1126216, 88 Railway Parade, Leura be determined pursuant to S.80 of the Environmental Planning and Assessment Act 1979 by the granting of a deferred commencement consent subject to conditions shown in Attachment 1 to this report. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:



* * * * * * * * * *

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MINUTE NO. 133

20. 14/59781. Development Application No. X/113/2014 for change of use from a retail premises to part retail and part refreshment room on Lot 124 DP 874647, 5 Raymond Road, Springwood


That the Development Application No. X/113/2014 for change of use from a retail premises to part retail and part refreshment room on Lot 124 DP 874647, 5 Raymond Road, Springwood be determined pursuant to S.80 of the Environmental Planning and Assessment Act 1979 by the granting of consent subject to conditions shown in Attachment 1 to this report. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

MINUTE NO. 134

21. 14/56719. State Environmental Planning Policy No.1 (SEPP 1) Variations


That the Council receives and notes this report. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

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MINUTE NO. 135

22. 14/40935. Draft Hazelbrook Village Centre - Public Domain Masterplan

A MOTION was MOVED by Councillors Hollywood and Williamson:

1. That the Council adopts the draft Hazelbrook Village Centre – Public Domain Masterplan for public exhibition and comment for a period of four weeks; and

2. That the final draft Masterplan is reported back to the Council for consideration in

July 2014 with public comments assessed and incorporated where feasible and appropriate.


For Against

Councillors Greenhill Councillors Christie Von Schulenburg Fell Luchetti Myles Hollywood Williamson Begg McGregor Stock

With Councillor Van der Kley out of the chamber.

* * * * * * * * * *

MINUTE NO. 136


A MOTION was MOVED by Councillors Myles and Fell: That the Council enter the Committee of the Whole to recommit Item 23. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


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* * * * * * * * * * MINUTE NO. 137


A MOTION was MOVED by Councillors Hollywood and Myles: That the Council recommit Item 23 to allow public speaker, Lew Hird to address this item. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

MINUTE NO. 138


A MOTION was MOVED by Councillors Myles and Van der Kley: That the Council leave the Committee of the Whole and return to the Ordinary Meeting of the Council. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:



* * * * * * * * * *

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MINUTE NO. 139

23. 14/34083. Local Traffic Committee - Minutes of 12 February 2014

The meeting was addressed by: Lew Hird

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

1. That the Council receives the Minutes for the Local Traffic Committee; 2. That the Council approves LTC recommendations:

(a) 2014.02 Camp Street, Katoomba - Proposed No Stopping restriction on the northern side adjacent to the intersection with Great Western Highway;

(b) 2014.03 Murri Street and Warriga Street, Katoomba - Proposed installation of Keep Left signs at two locations;

(d) 2014.05 Tutor Close, Winmalee - Parking Issues; and (e) 2014.07 Maxwell Place, Blaxland - Proposed No Parking 8:30am-6pm Mon-Fri

restriction on the northern side of Maxwell Place; 3. That the Council notes the discussion items;

(a) 2014.04 Station Street, Wentworth Falls - Proposed Bus Zone Relocation from 38 Station Street to 22-23 Station Street

(b) 2014.01 Great Western Highway, Blackheath - Proposed timed parking restrictions in front of the Blackheath Community Centre

(c) 2014.06 Leslie Street, Winmalee – Extension of school zone; (d) 2014.08 Timed Parking, Great Western Highway, Blackheath; and

4. That the Local Traffic Committee is notified of the decisions of the Council. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

MINUTE NO. 140

24. 14/70231. Racial Discrimination Act 1975

A MOTION was MOVED by Councillors Hollywood and McGregor:

1. That the Council affirms its vision for the City of the Blue Mountains as a community where “people of all cultures and backgrounds are respected and enjoy equal rights”;

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2. That the Council acknowledges that the Racial Discrimination Act 1975, developed

nearly 40 years ago, is landmark legislation that plays a vital role in helping to build inclusive communities by preventing and addressing acts of racism;

3. That the Council supports the Racial Discrimination Act in its current form and

opposes the Federal Government’s plans to amend the Act and narrow the definitions of what it means to ‘vilify’ or ‘intimidate’ a person or group of people due to their race, colour, national or ethnic background;

4. That the Council writes to the Attorney General George Brandis, the federal

member for Macquarie Louise Marcus, Senator Doug Cameron and the Shadow Attorney General Mark Dreyfus stating Blue Mountains City Council’s opposition to the Federal Government’s plans to waterdown the provisions of the Racial Discrimination Act 1975; and

5. That the Council writes to the Human Rights Policy Branch, Attorney-General's

Department, which is seeking submissions on the Exposure Draft of the Bill to amend the Racial Discrimination Act, stating that the Council does not support the proposed changes.

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

For Against

Councillors Greenhill Councillors Christie Von Schulenburg Myles Fell Begg Luchetti Hollywood Williamson McGregor Stock Van der Kley

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MINUTE NO. 141

25. 14/74945. Precis of Selected Correspondence


That the Précis of Selected Correspondence be received and appropriate letters forwarded where necessary. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against

Councillors Greenhill Councillors Christie Von Schulenburg Fell Luchetti Myles Hollywood

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Williamson Begg McGregor Stock Van der Kley

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Matter of Urgency - Greenhill That the Council now consider a matter arising in relation to Liquid Amber Tree in Lennox Park Blaxland, that has been ruled by the Mayor to be a matter of great urgency.

MINUTE NO. 142

Procedural - Matter of Urgency

A MOTION was MOVED by Councillors Christie and Von Schulenburg: That an urgent report comes to Council regarding the impact a Liquid Amber tree is having on residents adjoining Lennox Park at Blaxland. That the report addresses the cost to Council of rectifying the problem given that it is a tree on Council property whose roots are causing sewer problems for a family who have been the subject of previous CSRs standing in the Mayor's name. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


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Matter of Urgency - Hollywood That the Council now consider a matter arising in relation to the new Minister for Planning Pru Goward and the Blue Mountains LEP, that has been ruled by the Mayor to be a matter of great urgency.

MINUTE NO. 143


A MOTION was MOVED by Councillors Hollywood and Fell: That the Mayor writes to the new Minister for Planning Pru Goward to congratulate her on her new portfolio and to remind her of the promises made by the former Minister Brad Hazzard on protecting the current provisions of the Blue Mountains LEP.

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Matter of Urgency - McGregor That the Council now consider a matter arising in relation to deaths resulting from domestic violence, that has been ruled by the Mayor to be a matter of great urgency.

MINUTE NO. 144


A MOTION was MOVED by Councillors McGregor and Hollywood:

1. That the Council notes the alarming increase in deaths resulting from domestic violence, including five deaths in NSW in the first three weeks of April and the deaths of three women and two children in four states on the Easter long weekend alone;

2. That the Council expresses its support for Domestic Violence NSW and their call

for an urgent meeting with the NSW Premier Mike Baird and the Minister for Family and Community Services, the Hon. Gabrielle Upton MP, to discuss urgent measures to reduce incidence of all domestic violence; and

3. That the Council receives a report on local initiatives to reduce domestic violence

in the Blue Mountains. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:



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MINUTE NO. 145

12. 14/65370. Confidential Business Paper - Extension of Contract to Operate the Blaxland Waste Management Facility (Contract EM BWMF 01/2006)


1. That the Council grants the contractor, Remondis Australia Pty Ltd, a 12 month extension to Contract number EM BWMF 01/2006 – Operation of the Blaxland Waste Management Facility, Construction of Cripple Creek Diversion B, Construction of Landfill B and the Design & Construction of a New Site Entrance, commencing 28 June 2014 and expiring 30 June 2015, in accordance with their proposal to Council dated 26 March 2014; and

2. That the General Manager be given delegation to approve further 3-month

extensions with a total of up to 12 months (to 30 June 2016), should it be considered beneficial after the outcomes of the Waste Strategy process are known.


For Against


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MINUTE NO. 146

Procedural – Question that Meeting Close

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

That as there was no further business before the Ordinary Meeting of Tuesday, 29 April 2014, the meeting closed at 11:32pm. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against

Councillors Greenhill Councillors Christie Von Schulenburg Fell Luchetti Myles

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Hollywood Williamson Begg McGregor Stock Van der Kley

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minutes of ordinary meeting - 29 april 2014

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