Minute                                           Ku-ring-gai Council                                               Page

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 13 November 2012

Present:	The Mayor, Councillor E Malicki (Chairperson) (Comenarra Ward) Councillor J Pettett (Comenarra Ward) Councillors D Citer & C Szatow (Gordon Ward) Councillors C Berlioz & D Ossip (St Ives Ward) Councillors J Anderson & D Armstrong (Roseville Ward) Councillors C Fornari-Orsmond & D McDonald (Wahroonga Ward)
Staff Present:	Acting General Manager (Greg Piconi) Director Development & Regulation (Michael Miocic) Director Strategy & Environment (Andrew Watson) Manager Urban & Heritage Planning (Antony Fabbro) Team Leader Urban Planning (Craige Wyse) Senior Urban Planner (Terri Southwell) Director Community (Janice Bevan) Governance Officer (Christie Spry) Minutes Secretary (Sigrid Banzer)

The Meeting commenced at 7.00pm

The Mayor offered the Prayer

Apologies

File: S02194

NOTE:    The General Manager, John McKee tendered an apology for non-attendance and the Director Corporate did not attend the Meeting.

DECLARATIONS OF INTEREST

The Mayor adverted to the necessity for Councillors and staff to declare a Pecuniary Interest/Conflict of Interest in any item on the Business Paper.

The following Councillors have tabled a completed Special Disclosure of Interest Form as prescribed in Schedule 3A of the Local Government (General) Regulation 2005 and have therefore complied with their obligations pursuant to the provisions of Section 451 of the Local Government Act 1993:

The Mayor, Councillor Elaine Malicki

Councillor Jeff Pettett

Councillor Jennifer Anderson

Councillor David Ossip

Councillor Cheryl Szatow

The completed forms will be recorded as part of the Minutes of the Meeting.

Councillor Duncan McDonald declared a conflict of interest in GB.9 - Tender T61/2012 - Sports Courts Refurbishment (advised that he knows the owner and family of the recommended tenderer namely Recreational Surfacing Pty Ltd) and will remove himself from the Chamber and not take part in the debate and voting of the item.

312

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING File: S02499

Resolved: (Moved: Councillors Szatow/Pettett) That in accordance with the provisions of Section 10 of the Local Government Act 1993, all officers’ reports be released to the press and public, with the exception of confidential attachments to the following General Business reports: GB.3        Gordon Interchange Upgrade and New Commuter Car Parking - Site Inspection Feedback Attachment 1:      Draft Heads of Agreement GB.9        Tender T61/2012 - Sports Courts Refurbishment Attachment 1: .... Tender Submissions Attachment 2: .... Evaluation Sheet Attachment 3: .... Performance and Financial Assessment Attachment 4:      Performance and Financial Assessment GB.10      Tender No. T63/2012 - Schedule of Rates Tree Works Attachment A1:   Evaluation - Schedule of Rates - Tree Works CARRIED UNANIMOUSLY

PRESENTATION OF ROUND 14 ENVIRONMENTAL LEVY SMALL GRANT SCHEME AWARDS

Councillor Berlioz withdrew and returned

The presentation of cheques for the Environmental Levy Small Grant Scheme (Round Fourteen) were presented during the Meeting.

DOCUMENTS CIRCULATED TO COUNCILLORS

The Mayor adverted to the documents circulated in the Councillors’ papers and advised that the following matters would be dealt with at the appropriate time during the meeting:

Late Items:	Refer PT.1 - Petition to Request for Tree Removal at 12 Wellesley Road, Pymble - (Twenty-Six [26] Signatures) Refer PT.2 - Petition to Revert the Zoning of 39-43 Lindfield Avenue as exhibited in the Town Centres LEP 2012 and 2010 to allow Re-development of the Retail Shopping on the East Side of Lindfield Station - (One Hundred and Twenty [120] Signatures) Refer GB.6 - Planning Proposal to Rezone Land at 39, 41, 43 and 51 Lindfield Avenue, Lindfield - Late Submission regarding 51 Lindfield Avenue, Lindfield
Additional Agenda Items:	Refer GB.4 - Review of Submissions on Draft LEP 218 for Biodiversity, Riparian Land and Heritage Conservation Areas - e-mail with attached late submissions to Councillors and Directors ONLY.
Memorandums:	Refer GB.4 Review of Submissions on Draft LEP 218 for Biodiversity, Riparian Land and Heritage Conservation Areas - Memorandum by Manager Urban and Heritage Planning dated 13 November 2012 advising Councillors of revised recommendations in the report for Recommendations A and B. Refer GB.8 - Request to Extinguish an Easement for Tennis Court over 15 Hastings Road, Warrawee - Memorandum by Director Operations dated 8 November 2012 advising Councillors of further clarification on the drainage system at the subject site.

CONFIRMATION OF MINUTEs

313	Minutes of Ordinary Meeting of Council File: S02131
	Meeting held 23 October 2012 Minutes numbered 297 to 311
	Resolved: (Moved: Councillors McDonald/Fornari-Orsmond) That the Minutes numbered 297 to 311 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting. CARRIED UNANIMOUSLY

PETITIONS

314	Petition to Request for Tree Removal at 12 Wellesley Road, Pymble - (Twenty-Six [26] Signatures) File: EM00003/45 Vide: PT.1
	"We, the undersigned, being residents of Wellesley Road, Pymble agree that the removal of the Sequoia sempervirons (California Redwood) tree located on the property at 12 Wellesley Road will NOT adversely affect the "Street Scape" of Wellesley Road.  We also agree that in this instance, existing substantial damage and protection from further damage to the residents' properties requires due consideration and should take precedence over the tree in question. We hereby request that Ku-ring-gai Council support the tree removal application submitted by the residents of 12 Wellesley Road, Pymble."
	Resolved: (Moved: Councillors Ossip/Berlioz) That the Petition be received and referred to the appropriate Officer of Council for attention. CARRIED UNANIMOUSLY

315	Petition to Revert the Zoning of 39-43 Lindfield Avenue as exhibited in the Town Centres LEP 2012 and 2010 to allow Re-development of the Retail Shopping on the East Side of Lindfield Station - (One Hundred and Twenty [120] Signatures) File: S07023 Vide: PT.2
	"We, the residents of Ku-ring-gai petition the Council to reinstate the mixed retail/commercial/residential zoning of land at 39-43 and 51-55 Lindfield Avenue, Lindfield as exhibited in the Town Centres LEP 2012".
	Resolved: (Moved: Councillors Anderson/Armstrong) That the petition be received and referred to the appropriate Officer of Council for attention. CARRIED UNANIMOUSLY

Recommendations from Committee

Minutes of Ku-ring-gai Traffic Committee

File: CY00022/4

Meeting held 25 October 2012

Minutes numbered KTC.10 to KTC.12.

316	General Matter Items under Delegated Authority File: S02738 Vide Minute No KTC10
	Advice on matters considered under Delegated Authority.
	Resolved: (Moved: Councillors Berlioz/Ossip) That the information regarding traffic facilities approved July to September 2012 be noted. CARRIED UNANIMOUSLY

317	General Matter - Wahroonga Village Fair File: S02454 Ward: Wahroonga Electorate: Ku-ring-gai Vide Minute No KTC11
	To consider a proposal to conduct the annual Wahroonga Village Fair on Sunday, 2 December 2012.
	Resolved: (Moved: Councillors Berlioz/Ossip) That Council approve the Wahroonga Village Fair 2012 and not object to the temporary closures of Railway Avenue, part of Redleaf Lane, Station Lane between Railway Avenue and Coonanbarra Road, and the use of the north and south-western portions of Council car park (CP 26), except spaces 20 and 21, on Sunday, 2 December 2012 between 5am and 8pm, subject to: A.    The Roads & Maritime Services approving the Traffic Management Plan prepared by Council on behalf of the Wahroonga Chamber of Commerce. B.    The Wahroonga Chamber of Commerce fully implementing the Roads & Maritime Services-approved Traffic Management Plan to alleviate traffic congestion during the event and to address the traffic impacts that may result from the proposed road closures. C.    Council receive no substantial objections to the proposal which cannot be addressed, being received by the closing date of the advertising and the Wahroonga Chamber of Commerce paying Council’s fee of $1,555 for advertising and processing the road closure application. D.    The Applicant providing and maintaining all necessary signs, barricades and all other safety equipment at its expense to properly effect the changed traffic conditions. E.    The Applicant confirming in writing to Council that it has liaised with the local emergency services regarding occupation of Railway Avenue and other locations, and that such occupation be approved by the emergency services, and that an emergency access corridor be left available during the Fair, in case of an emergency. F.    The Applicant providing Council with details of liaison with the Police Local Area Commander Kuring-gai and the State Emergency Service in regard to providing an adequate number of suitable identifiable personnel to control all approved road closures and changed traffic conditions and that these personnel be responsible for monitoring the closures and providing vehicular access to emergency vehicles and residents if such access is required. G.    Provision of details and locations of any proposed advertising banners to Council for prior approval. H.    Signs being installed on Pacific Highway indicating "Railway Avenue will be closed between Coonanbarra Road and Redleaf Avenue on Sunday, 2 December 2012 for the Wahroonga Village Fair".  These signs are to be erected two weeks before the Fair at locations approved by the Roads and Maritime Services and on the day of the Fair the words "will be" on the signs are to be covered or removed. I.     Banners may be used in Railway Avenue (but not on Pacific Highway) instead of signposting, to advise motorists of the proposed closure of Railway Avenue, subject to that part of the banners having 150mm black lettering on yellow background reading "Railway Avenue closed to traffic on Sunday, 2 December 2012 for the Wahroonga Village Fair". J.    Banners or signs being installed a minimum of two weeks prior to the closure, and that they be properly maintained during the period leading up to the Fair. K.    Any activity associated with the Fair, including stalls, not occupying Railway Avenue beyond the respective building alignments at Coonanbarra Road and Redleaf Avenue and not obstructing pedestrian crossings in any way. L.    That 'No Parking' restrictions be imposed on the south-western side of Woodville Avenue for the length of the existing weekday restrictions, between Redleaf Avenue and No. 18 Woodville Avenue on Sunday, 2 December 2012 with the Wahroonga Chamber of Commerce obtaining, installing and maintaining appropriate "Clip-on" signs to advise motorists of this alteration. M.   That the Wahroonga Chamber of Commerce be permitted to occupy the north and south-western portions of Council's car park (CP 26) off Coonanbarra Road in conjunction with the Fair, excepting spaces 20 and 21, and that only the south-eastern portion of the car park be allowed for parking on the Fair day.  Access to this portion to be obtained from the eastern end of Redleaf Lane, off Redleaf Avenue. N.    Council’s Regulatory Officer visiting the site throughout the day to ensure Council's conditions of approval are being observed. O.    Council's Regulatory Services provide a written report to the Director Operations within 30 days of the Fair on the impact of the Fair on traffic, access, parking and pedestrian movements in the vicinity of the event. P.    The concurrence of the Local Area Commander Kuring-gai for Roads & Maritime Services approved marshals to be on duty on the Coonanbarra Road and Redleaf Avenue pedestrian crossings at all times during the Fair and at any other locations in the closure area to supervise pedestrians and to ensure that Fair activities are kept clear of the crossings. Q.    The Wahroonga Chamber of Commerce supply 20 million dollars public liability insurance cover, naming Ku-ring-gai Council as principal.  A certificate of currency is to be sighted by Council's Director Operations or his delegate before the event will be approved. R.    The Wahroonga Chamber of Commerce responds in writing to Council by 16 November 2012, regarding the acceptance of Council's conditions for conducting the Wahroonga Village Fair. CARRIED UNANIMOUSLY

318	Fox Valley Road, Wahroonga File: TM11/04 Ward: Comenarra Electorate: Ku-ring-gai Vide Minute No KTC12
	To consider modifications to on-street parking in Fox Valley Road as a result of the proposed upgrade to the traffic signals at the intersection of The Comenarra Parkway and Fox Valley Road.
	Resolved: (Moved: Councillors Berlioz/Ossip) A.     That approval in principle be given to the revised traffic signal plan for the intersection of Fox Valley Road and The Comenarra Parkway as shown in Plan No. Fox Valley/KTC/10/12. B.     That the developer consult with the businesses that occupy the car park to seek their comments on the proposal. C.     That Council contact the developer to encourage increased on-site parking of construction employees vehicles. D.     That Council’s Rangers be requested to provide increased enforcement of parking restrictions around the site, including at Fox Valley shops. CARRIED UNANIMOUSLY

GENERAL BUSINESS

319	Disclosure of Interest Returns File: S02167 Vide: GB.1
	The Division of Local Government has written a Circular to Councils as a reminder to Councillors of their obligations under the Local Government Act 1993 in relation to the lodgement of the ‘Disclosures by Councillors and Designated Persons Return’.
	Resolved: (Moved: Councillors Berlioz/McDonald) That Council receive and note the report. CARRIED UNANIMOUSLY

320	Update on One Association File: S02046 Vide: GB.2
	To provide Councillors information relating to the forming of One Association to represent Local Government in NSW.
	Resolved: (Moved: Councillors Berlioz/McDonald) That Council receive and note the report. CARRIED UNANIMOUSLY

321	Request for Interim Heritage Order - 78A Springdale Road, East Killara File: S06413 Vide: GB.7
	For Council to consider requesting from the Minister for Environment and Heritage an interim heritage order for 78A Springdale Road, East Killara.
	Resolved: (Moved: Councillors Berlioz/Szatow) A.     That Council request the Minister for Environment and Heritage to place an Interim Heritage Order on “Wharncliffe” at 78A Springdale Road, East Killara (Lot 103 DP 859921) as a place of local heritage significance and potential state significance. B.     That Council prepare a detailed heritage assessment and inventory sheet to investigate the potential local and/or state heritage significance of “Wharncliffe” at 78A Springdale Road, East Killara (Lot 103 DP 859921). C.     That the findings of the heritage assessment be reported back to Council. D.     That Council include “Wharncliffe” at 78A Springdale Road, East Killara (Lot 103 DP 859921) as draft item of heritage significance in the Ku-ring-gai Principal Local Environmental Plan. CARRIED UNANIMOUSLY

322	Request to Extinguish an Easement for Tennis Court over 15 Hastings Road, Warrawee File: PCDC0391/11 Vide: GB.8
	To consider a request to extinguish an easement for tennis court over 15 Hastings Road, Warrawee, which benefits Council for drainage purposes.
	Resolved: (Moved: Councillors Berlioz/McDonald) A.     That Council grant approval for the extinguishment of the easement for a tennis court over 15 Hastings Road, Warrawee (Lot 13 DP16650). B.     That authority is given to the General Manager and the Mayor to affix the Common Seal of the Council to the Instrument for the release of the easement and any other relevant documents. C.     That the owner of the property be responsible for all costs associated with the extinguishment of the tennis court easement. D.     That, prior to the endorsement of the easement documents, the owner provide Council with evidence that documents for the creation of a Positive Covenant and Restriction on the Use of Land under Section 88E of the Conveyancing Act 1919 have been lodged with the Department of Lands. CARRIED UNANIMOUSLY

Councillor Duncan McDonald declared a conflict of interest

in respect of the following item -

GB.9 - Tender T61/2012 Sports Courts Refurbishment

and withdrew from the Chamber taking no part

in discussion and voting on the item

323	Tender T61/2012 - Sports Courts Refurbishment File: S09430/2 Vide: GB.9
	To consider the tenders received for the refurbishment and upgrade of sports courts at Turramurra Memorial Park, Gordon Recreation Ground, Killara Park and Elizabeth Reserve and appoint the preferred tenderer.
	Resolved: (Moved: Councillors Berlioz/Szatow) A.     That Council accepts the tender from Recreational Surfacing Pty Ltd to carry out refurbishment of all four (4) sports court sites at Turramurra Memorial Park, Gordon Recreation Reserve, Killara Park, and Queen Elizabeth Reserve. B.     That the Mayor and General Manager be delegated authority to execute all tender documents on Council’s behalf in relation to the contract. C.     That the seal of Council be affixed to all necessary documents. D.     That all tenderers be advised of Council’s decision in accordance with Clause 178 of the Local Government Tendering Regulations. CARRIED UNANIMOUSLY by those present

Councillor McDonald returned

324	Tender No. T63/2012 - Schedule of Rates Tree Works File: S09426/2 Vide: GB.10
	To consider the tenders received for contract tree works and have a list of preferred contractors for tree works.
	Resolved: (Moved: Councillors Berlioz/Fornari-Orsmond) A.     That Council accept the Schedule of Rates for Tree Works submitted by the following tenderers and these tenderers make up the list of Contractors to be engaged as needed for the general maintenance of Council’s tree resource for a period of three (3) years: 1.     Hornsby Tree Services Pty Ltd 2.     Plateau Tree Service Pty Ltd 3.     Sydney Metro Tree Service Pty Ltd 4.     AHK Enterprises Pty Ltd - T/as Priority Tree Service 5.     CJ Murphy Tree Recycling Services Pty Ltd 6.     Active Tree Services Pty Ltd 7.     Arbor Pride Pty Ltd 8.     UAM Pty Ltd B.    That the Mayor and General Manager be delegated authority to execute all tender documents on Council’s behalf in relation to the contracts. C.    That the Seal of Council be affixed to all necessary documents. D.    That the all tenderers be advised of Council’s decision in accordance with Clause 178 of the Local Government Tendering Regulations. CARRIED UNANIMOUSLY

325	Open Space Reference Committee - Meeting held on 20 August 2012 File: S07618 Vide: GB.11
	To advise Council of the notes from the Open Space Reference Committee meeting held on 20 August 2012.
	Resolved: (Moved: Councillors Berlioz/Szatow) That the notes of the Open Space Reference Committee held on 20 August 2012 be received and noted. CARRIED UNANIMOUSLY

Standing Orders were suspended to deal with items

where there are speakers first after a

Motion moved by Councillors Berlioz and McDonald

and was CARRIED UNANIMOUSLY

326	Review of Submissions on Draft LEP 218 for Biodiversity, Riparian Land and Heritage Conservation Areas File: S09053 Vide: GB.4
	The following members of the public addressed Council: J Travers R Turner K Stephenson C Bentley G Ioia L Stephenson G Tabuteau J Harwood P Hwang J Ferrier
	To report to Council on the outcomes of the public exhibition of the Planning Proposal to incorporate provision for biodiversity, riparian lands and Heritage Conservation Areas into the Ku-ring-gai Planning Scheme Ordinance.
	Resolved: (Moved: Councillors Anderson/Szatow) A.     That Council adopt to vary the Planning Proposal to amend the Ku-ring-gai Planning Scheme Ordinance, 1971 to incorporate provision for biodiversity, riparian lands and Heritage Conservation Areas as follows: i.       Exclude the areas covered by Draft Ku-ring-gai Local Environmental Plan (Local Centres) 2012. ii.      Amend the Riparian Lands Map in accordance with the revised map at Attachment A5. iii.     Amend the Biodiversity Map in accordance with the revised map at Attachment A6. iv. Amend the Heritage Conservation Area Map in accordance with the revised map at Attachment A8. v.      Amend the Riparian and Waterways clause in accordance with the revised clause included at Attachment A10. B.     That Council adopt the revised Planning Proposal and it be submitted to the Minister in accordance with section 58(2) of the Environmental Planning & Assessment Act, 1979. C.     That Council requests that the Minister determine: i.       whether further community consultation under Section 57 of the EP&A Act is required, pursuant to section 58(3) of the EP&A Act; and ii.      whether the inclusion of a particular matters in the proposed local environmental plan be deferred, pursuant to Section 59(3) of the EP&A Act. D.     That delegation be granted to the General Manager to make all necessary corrections and amendments to the Planning Proposal for drafting inconsistencies, or minor amendments as necessary to ensure consistency with Department of Planning and Infrastructure policy. E.     The following additional heritage items and extension of HCAs be considered as part of the draft Principal LEP: i.       Amend Schedule 5 and the heritage map to include: -       1-5 Railway Avenue Wahroonga and -       9A-17 Railway Avenue Wahroonga; ii.      Amend the heritage map and include 15 and 19 Karuah Road, Turramurra in HCA C6 Ku-ring-gai Avenue; iii. Amend Schedule 5 and the heritage map to include 39 Victoria Street and 26 Lord Street, Roseville in draft HCA C32 – Clanville Conservation Area. iv.     Amend to include Boundary Street, Roseville, as per the Independent Heritage Consultant’s recommendation. F. That all persons who made submissions be notified of Council's decision. G. That the final report following the exhibition of the principal LEP include a further review of HCA 22 applying to Tryon Road, Lindfield. CARRIED UNANIMOUSLY

327	Planning Proposal to Rezone Land at 35 Water Street, Wahroonga from Special Uses 5(a) to Residential under the KPSO File: S09400 Vide: GB.5
	The following members of the public addressed Council: C Harris P Borbilas
	To inform Council of the independent consultant’s review on a Planning Proposal to rezone 35 Water Street, Wahroonga from 5(a) Special Uses - Hospital to Residential under the Ku-ring-gai Planning Scheme Ordinance 1971 (KPSO).
	Resolved: (Moved: Councillors McDonald/Fornari-Orsmond) A.     That the Planning Proposal to amend the Ku-ring-gai Planning Scheme Ordinance to rezone the property at 35 Water Street, Wahroonga from Special Uses 5(a) to zone E4 Environmental Living and to incorporate the NSW Standard Instrument LEP Conservation Incentives clause be supported in principle. B.     That the applicant be advised to amend their Planning Proposal as per the Consultant’s Review and this report as follows: i)      Amend the planning proposal so as to seek an E4 Environmental Living zone across the site. ii)     Stipulate how the KPSO would be amended to include the E4 (Environmental Living) zone and Conservation Incentives clause to align with Council’s Draft LEP 218 and the Planning Proposal for the Ku‐ring‐gai Principal LEP. iii)    Review and confirm the objectives or intended outcomes for the planning proposal particularly in relation to permissibility of future health/hospital uses. iv)     Revise the justification of the planning proposal to: a)     Justify the proposed new zone on its merits without reference to the indicative subdivision layout. b)     Include consideration of Draft LEP 218 and the planning proposal for the Ku-ring-gai Principal LEP. v)      Include consideration of environmental objectives and actions of the Metropolitan Plan and North Subregion Strategy. vi)     Provide updated advice or information about contamination issues affecting the site in response to Clause 6 of SEPP 55. vii)    Provide an updated review of relevant Ministerial Directions including consideration of Direction 2.1 (Environment Protection Zones) and Direction 6.3 (Site Specific Provisions) and a checklist of all Ministerial Directions. viii)   Amend the section referring to assessment against the Department of Planning’s LEP Pro-forma Evaluation Criteria for Spot Rezonings to demonstrate why the planning proposal would not create a precedent in terms of the potential inconsistency with Draft LEP 218 and the planning proposal for the Ku-ring-gai Principal LEP for environmentally sensitive land. C.     That the amended Planning Proposal be prepared to the satisfaction of the General Manager and then be forwarded to the DoPI for a Gateway Determination in accordance with the provisions of the EP&A Act and Regulations. D.     That upon receipt of a Gateway Determination, the exhibition and consultation process is carried out in accordance with the requirements of the Environmental Planning and Assessment Act, 1979 and with the Gateway Determination requirements. E.     That a report be brought back to Council at the conclusion of the exhibition period. CARRIED UNANIMOUSLY

328	Planning Proposal to rezone land at 39, 41, 43 and 51 Lindfield Avenue, Lindfield File: S07023 Vide: GB.6
	The following members of the public addressed Council: B Singh A Minto J McMillan V Lake K Cowley W Zagoridis A Stringer
	For Council to consider a Planning Proposal to amend the draft KLEP (Local Centres) 2012 and to rezone land at 39, 41, 43 and 51 Lindfield Avenue, Lindfield to permit mixed use and high density residential development.
	Council adjourned for 5 minutes during discussion after a Motion moved by Councillors Berlioz and Fornari-Orsmond For the Adjournment:            The Mayor, Councillor E Malicki, Councillors McDonald, Szatow, Armstrong, Citer, Pettett, Anderson, Berlioz and Fornari-Orsmond Against the Adjournment:      Councillor Ossip
	Resolved: (Moved: Councillors Berlioz/Armstrong) A.     That Council give in principle support to the planning proposal for a planning instrument amending the draft KLEP 2012 as follows: i.       39 and 41 Lindfield Avenue (retail shops) as B2 – Local Centre zone, maximum building height 26.5 metres, FSR 3.0:1 ii       43 Lindfield Avenue (service station) as B2 – Local Centre zone, maximum building height 26.5 metres, FSR 3.0:1 iii.     51 Lindfield Avenue as R4 – high density residential zone, maximum building height 20.5 metres (6 storeys), FSR 1.6:1 iv.     55 Lindfield Avenue as R4 - high density residential zone, maximum building height 17.5 metres (5 storeys), FSR 1.3:1 B.    That the applicant be advised to amend their Planning Proposal so as to: i.       include the property at 55 Lindfield Avenue as R4 - high density residential zone, maximum building height 17.5 metres (5 storeys), FSR 1.3:1; and ii.      adequately address all relevant requirements of A Guide to Preparing Planning Proposals, particularly the questions under section 2.3(a). C.     That the amended Planning Proposal be prepared to the satisfaction of the General Manager and then be forwarded to the DoPI for a Gateway Determination in accordance with the provisions of the EP&A Act and Regulations. D.     That upon receipt of a Gateway Determination, the exhibition and consultation process is carried out in accordance with the requirements of the Environmental Planning and Assessment Act, 1979 and with the Gateway Determination requirements. E.     That a report be brought back to Council at the conclusion of the exhibition period. For the Resolution:                The Mayor, Councillor E Malicki, Councillors McDonald, Armstrong, Ossip, Anderson, Berlioz and Fornari-Orsmond Against the Resolution:         Councillors Szatow, Citer and Pettett The above Resolution was subject to an Amendment which was LOST.  The LOST Amendment was: (Moved:   Councillors Szatow/Citer) A.     That Council give in principle support to the planning proposal for a planning instrument amending the draft KLEP 2012 as follows: i.       That numbers 39, 41 and 43 Lindfield Avenue and 9 Havilah Lane be zoned as 6 storeys (23.5 m) (B2 zoning), FSR 3.0:1 ii.      That 51, 55 and 55A Lindfield Avenue be zoned as 5 storeys (17.5 m) (R4), FSR 1.3:1 iii.     That 55A Lindfield Avenue (Whist Club) be incorporated into any redevelopment of that particular site. B.    That the applicant be advised to amend their Planning Proposal so as to: i.       include the amendments in A. of the resolution above ii.      adequately address all relevant requirements of A Guide to Preparing Planning Proposals, particularly the questions under section 2.3(a). C.     That the amended Planning Proposal be prepared to the satisfaction of the General Manager and then be forwarded to the DoPI for a Gateway Determination in accordance with the provisions of the EP&A Act and Regulations. D.     That upon receipt of a Gateway Determination, the exhibition and consultation process is carried out in accordance with the requirements of the Environmental Planning and Assessment Act, 1979 and with the Gateway Determination requirements. E.     That a report be brought back to Council at the conclusion of the exhibition period.

329	Gordon Interchange Upgrade and New Commuter Car Parking- Site Inspection Feedback File: S06940 Vide: GB.3
	Following a site inspection and briefing held on 22 October 2012, the approval of Council is sought to enter into a Project Delivery Agreement with Transport for NSW for the Gordon Interchange Upgrade and Commuter Car Parking Project.
	Resolved: (Moved: Councillors Berlioz/Armstrong) A.     That Council authorise the General Manager and/or his delegate to negotiate the development of a Heads of Agreement for the Gordon Interchange Upgrade and Commuter Car Parking Project and to incorporate the following additional matters into a formal development agreement to protect Council’s legal interest: i.       That the concept proposals developed by TfNSW be consistent with the objectives, principles, strategies and proposals of the Ku-ring-gai Town Centres Public Domain Plan 2010; ii.      That the traffic network developed by TfNSW be consistent with Ku-ring-gai Council’s Gordon Local Centre Traffic Improvement Concept Plan; iii.     That the proposed development protect the existing Lemon Scented Gum (Eucalyptus citriodora planted in c. 1933) and the Blue Gum (Eucalyptus salinga planted in 2005 National Trust 60th Anniversary) in the Annie Forsyth Wyatt Garden; iv.     That the proposed development protect and enhance the social and historical significance of Annie Forsyth Wyatt Garden; v.      That the proposed development conserve and enhance the cultural significance and setting of the State heritage listed Gordon Railway Station Group, (including primary view lines to the station). B.     That Council authorise the Mayor and the General Manager to execute the legal document, to affix the Council Seal and to execute all necessary documentation, resultant from the development of the final Gordon Interchange Upgrade and Commuter Car Parking - Heads of Agreement. CARRIED UNANIMOUSLY

QUESTIONS WITHOUT NOTICE

330

IMF Australia Ltd File: S05597 Vide: QWN.1

Question Without Notice from Councillor Jennifer Anderson I refer to the Release to the Australian Securities Exchange (ASX) by IMF Australia Ltd dated 6 November 2012 relating to legal action being undertaken by Muswellbrook Shire Council regarding investment in Rembrandt Notes and ask the Acting General Manager if consideration can be given to briefing Councillors on this matter? Answer by Acting General Manager (Greg Piconi) I will take that on notice.  Discuss that with the General Manager when he gets back and we will organise a briefing or advice to Councillors on the matter.

331	Coal Seam Gas Exploration in North Turramurra File: S03015 Vide: QWN.2
	Question Without Notice from Councillor Duncan McDonald Could the Director please investigate if there is any exploration sites survey investigated in North Turramurra? Answer by Acting General Manager (Greg Piconi) Will have to take that on notice and get back to Councillor McDonald if we have any information on that.

The Meeting closed at 10.10pm

The Minutes of the Ordinary Meeting of Council held on 13 November 2012 (Pages 1 - 19) were confirmed as a full and accurate record of proceedings on 20 November 2012

          __________________________                                 __________________________

                   General Manager                                                         Mayor / Chairperson