BLUE MOUNTAINS CITY COUNCIL MINUTES OF ORDINARY …€¦ · 15 12/4431 nsw government local infrastructure renewal scheme ... facility at hazelbrook shopping centre ... stormwater

BLUE MOUNTAINS CITY COUNCIL

MINUTES OF ORDINARY MEETING OF COUNCIL

31 January 2012

INDEX

Minute File No. SUBJECT Page

1 LEAVE OF ABSENCE ......................................................................... 3 2 CONFIRMATION OF MINUTES.......................................................... 4

DECLARATIONS OF INTEREST – ORDINARY MEETING ............... 4 3 12/6635 CONTRIBUTION TO MARKETING CAMPAIGN FOR

CONSTITUTIONAL RECOGNITION OF LOCAL GOVERNMENT ..... 4 4 12/8486 DELEGATION TO DINOSAUR PARK IN GOSEONG, KOREA .......... 5 5 12/10303 PASSING OF JOHN METCALFE ....................................................... 6 6 11/198881 BLUE MOUNTAINS SISTER CITIES COMMITTEE ANNUAL

REPORT ............................................................................................. 6 7 11/191366 UNREASONABLE COMPLAINANT CONDUCT MANAGEMENT

SYSTEM UPDATE .............................................................................. 7 8 11/191431 CODE OF CONDUCT REPORT 2011 ................................................ 7 9 11/195179 SCHEDULE OF INVESTED MONIES FOR NOVEMBER 2011 .......... 8 10 11/191417 COMMUNITY ASSISTANCE/DONATIONS - RECOMMENDATION

BY COUNCILLORS ............................................................................. 8 11 12/449 VARIATION TO 2011/12 SPORTS FEES EXPENDITURE

PROGRAM .......................................................................................... 9 12 11/194356 BLUE MOUNTAINS HERITAGE ADVISORY COMMITTEE –

MINUTES OF 30 NOVEMBER 2011 ................................................... 9 13 11/196567 REVIEW OF NSW PLANNING SYSTEM: COUNCIL SUBMISSION

TO ISSUES PAPER .......................................................................... 10 14 12/3562 DRAFT BLUE MOUNTAIN CULTURAL CENTRE BUSINESS

SPONSORSHIP POLICY .................................................................. 10 15 12/4431 NSW GOVERNMENT LOCAL INFRASTRUCTURE RENEWAL

SCHEME ........................................................................................... 11 16 11/193366 EXTINGUISHMENT OF DRAINAGE EASEMENT- 44 QUEENS

ROAD, LEURA .................................................................................. 12 17 12/7074 LEURA FALLS CREEK CATCHMENT CONDITION ........................ 12 18 12/1629 WILDLIFE MANAGEMENT AREAS .................................................. 13 19 12/3639 TENDER FOR THE CONSTRUCTION OF A NEW TOILET BLOCK

FACILITY AT HAZELBROOK SHOPPING CENTRE ........................ 13 20 11/190695 LAWSON COMMUNITY HALL (MECHANICS INSTITUTE) - FEES

AND CHARGES ................................................................................ 14 21 11/201919 BLUE MOUNTAIN CULTURAL CENTRE GOVERNANCE

PROGRESS ...................................................................................... 14 22 11/182851 BICYCLE RACKS IN GLENBROOK ................................................. 15 23 11/191148 COMMUNITY SERVICES, DEPARTMENT OF HUMAN SERVICES

NSW - SERVICE AGREEMENT - VARIATION 2011/2012 ............... 15 24 12/3625 STATE GOVERNMENT EMERGENCY MANAGMENT CHARGES . 16 25 11/192564 TENDER FOR THE GLENBROOK AQUATIC CENTRE - UPGRADE

TO PLANT AND EQUIPMENT .......................................................... 16 26 12/2197 HAZELWOOD CHILD CARE CENTRE ............................................. 17 27 12/2392 PROPOSAL FOR THE USE OF COUNCIL OWNED LAND WITHIN

LAWSON BUSINESS PARK ............................................................. 17 28 11/195492 LAWSON TOWN CENTRE - REQUEST FOR ADDITIONAL

SPONSORSHIP FOR CIVIL WORKS FOR INSTALLATION OF PUBLIC ART WORK ......................................................................... 18

INDEX Contd

Minute File No. SUBJECT Page

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29 12/3248 ADVICE TO COUNCIL REGARDING PREPARATION OF CITYWIDE LOCAL ENVIRONMENTAL PLAN BY PENRITH CITY COUNCIL .......................................................................................... 18

30 11/191673 CURRENT STATUS OF OUTSTANDING PERMISSIBILITY ISSUES – 171 LURLINE STREET, KATOOMBA ........................................... 19

31 12/2553 DEVELOPMENT APPLICATION NO. X/747/2011 FOR A TWO STOREY TRADE TRAINING BUILDING ON LOT 10 DP 1071527, LOT 1 DP 1134493 AND LOT 1 DP 1134511, WYCLIFFE CHRISTIAN SCHOOL, 133-137 RICKARD ROAD, WARRIMOO ..... 19

32 12/2652 DEVELOPMENT APPLICATION NO. X/393/2011 FOR ADDITIONS AND ALTERATIONS TO EXISTING SELF-STORAGE UNITS ON LOT B DP 405955, 7 LIVINGSTONE STREET, LAWSON ............... 20

33 12/2652 DEVELOPMENT APPLICATION NO. X/434/2011 FOR ADDITIONS AND ALTERATIONS TO INDUSTRIAL UNIT AND NEW ONSITE STORMWATER DRAINAGE SYSTEM FOR RIDGE TOP FRAMES AND TRUSSES ON LOT 3SP 39338 AND LOT 4 SP 39338, UNIT 3 & 4, 31 ATTUNGA ROAD, BLAXLAND ............................................. 21

34 12/3709 DEVELOPMENT APPLICATION NO. X/677/2011 FOR A CHILD CARE CENTRE AT FAULCONBRIDGE PUBLIC SCHOOL, LOT 51 DP 883899, 2-24 GROSE ROAD, FAULCONBRIDGE ..................... 21

35 12/4287 DEVELOPMENT APPLICATION NO. X/767/2011 FOR NINETEEN (19) RESIDENTIAL UNITS WITH BASEMENT CAR PARKING ON LOT 44 DP 1052149, 8 GREAT WESTERN HIGHWAY, LEURA ..... 22

36 12/3648 MODIFICATION APPLICATION NO. XM/773/2009/B TO MODIFY DEVELOPMENT CONSENT FOR ALTERATIONS & ADDITIONS ON LOT 8–22 DP 2450, LOT 1 DP 133407, LOT 20 DP 25570, LOT 2 DP 334630, HYDRO MAJESTIC HOTEL, 52-88 GREAT WESTERN HIGHWAY, MEDLOW BATH.......................................... 22

37 11/184361 KATOOMBA STREET, KATOOMBA - PARKING ARRANGEMENTS23 38 11/193689 PROPOSED ROUNDABOUT AT THE INTERSECTION OF

KATOOMBA AND WARATAH STREETS, KATOOMBA ................... 24 39 11/179611 LOCAL TRAFFIC COMMITTEE - MINUTES OF 8 NOVEMBER

2011 MEETING ................................................................................. 24 40 12/3805 CONDITION OF LETT STREET, KATOOMBA ................................. 25 41 12/7668 PRECIS OF SELECTED CORRESPONDENCE .............................. 26 42 PROCEDURAL - MATTER OF URGENCY ....................................... 26 43 PROCEDURAL - MATTER OF URGENCY ....................................... 27 44 PROCEDURAL - MOVE INTO CONFIDENTIAL SESSION .............. 28 45 12/2197 HAZELWOOD CHILD CARE CENTRE ............................................. 28 46 12/2392 PROPOSAL FOR THE USE OF COUNCIL OWNED LAND WITHIN

LAWSON BUSINESS PARK ............................................................. 29 47 PROCEDURAL – RETURN TO PUBLIC MEETING ......................... 30 48 PROCEDURAL – QUESTION THAT MEETING CLOSE .................. 30

Confirmed Minutes Ordinary Meeting 31 January 2012

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Minutes of the Ordinary Meeting of Council of the City of Blue Mountains, held in the Chambers on Tuesday, 31 January 2012, commencing at 7.30pm.

* * * * * * * * * * There were present: The Mayor (Councillor Myles) in the Chair, and Councillors Creed, Gibbs, Greenhill, Luchetti, Mays, McCallum, McLaren, Searle and Van der Kley.

* * * * * * * * * *

In attendance: General Manager; Director City Services; A/Director City & Community Outcomes; Director Development Health & Customer Services; Director Cultural Centre; Group Manager Integrated Planning and Finance; Executive Officer; Chief Financial Officer; Manager Environmental Sustainability; Manager Assets; Manager Development & Planning Services; Manager City Planning; Manager Library and Community Services; Communications Officer; Technical Support Analyst; Project Support Officer Governance Publications; 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.

* * * * * * * * * *

MINUTE NO. 1

Procedural – Leave of Absence

A MOTION was MOVED by Councillors Greenhill and McCallum: That the Council grant a Leave of Absence for Councillor Hamilton for this Ordinary Meeting of the Council. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against

Councillors Myles Councillors Gibbs Mays Searle Van der Kley Luchetti McLaren McCallum Greenhill Creed

* * * * * * * * * *


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MINUTE NO. 2

Confirmation of Minutes - Ordinary Meeting - 13 December 2011

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

That the Minutes of the Ordinary Meeting of 13 December 2011 be confirmed with the amendment on Minute 526 should show Councillor Creed out of the Chamber. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being:

For Against


* * * * * * * * * * Declarations of Interest – Ordinary Meeting, 31 January 2012 Councillor Van der Kley declared a significant, pecuniary interest with respect to Item 16 & 23:

“I am declaring that I am a part owner of a property in the shopping centre at Hazelbrook and my property is in close vicinity to the development which will impact on its value and I will leave the chambers for the debate and the vote.”

Councillor Luchetti declared a non-significant, non-pecuniary interest with respect to Item 30:

“I am declaring that I work with an opponent of the development. However, this does not influence my ability to make a decision based on the information presented and the debate in the Chamber. I will be remaining in the Chamber for the debate and the vote.”

Councillor McCallum declared a non-significant, non-pecuniary interest with respect to Item 33:

“I am declaring that I am an acquaintance of one of the proponents but will be remaining in the Chamber for the debate and the vote.”

* * * * * * * * * *

MINUTE NO. 3

M1. 12/6635. Contribution to Marketing Campaign for Constitutional Recognition of Local Government


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

1. That the Council explore with the NSW LGSA additional contributions from the annual member funds towards the National marketing campaign for the Constitutional Recognition of Local Government Referendum;

2. That the Council request the NSW LGSA to make representations to Regional

Organisations of Councils for the use of parts of annual memberships received, as well as identify other revenue raising activities, to contribute to the National marketing campaign for the Constitutional Recognition of Local Government Referendum;

3. That the Council note that this follows a request by the NSW LGSA for the sum of

$10,000 per annum for 3 years; and 4. That the Council consider the matter of making a contribution of three annual

payments under delegation of the General Manager, to the campaign for Constitutional Recognition of the Local Government Referendum once further information on the manner of the expenditure of these funds has been received and the identification of other funding sources has occurred, as Council funds will need to be expended on local awareness raising of the issue; and

5. That the Council receive a report on this matter once the scope of the campaign

and the potential question for the Referendum is known. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

MINUTE NO. 4

M2. 12/8486. Delegation to Dinosaur Park in Goseong, Korea

A MOTION was MOVED by Councillors Myles and Greenhill:

1. That the Council thanks the Mayor of Goseong for inviting the Mayor of the City of the Blue Mountains and two further representatives to the opening of the Goseong Dinosaur World Expo 2012, at the cost of Goseong, from the 29-31 March 2012;

2. That the Council note that all costs of the attendance of the delegation are to be met by the City of Goseong and endorse the attendance of the BMCC delegation at this event;

3. That the Council note that an invitation has been extended to Blue Mountains


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Lithgow and Oberon Tourism to nominate a representative to accompany the Mayor;

4. That the Council nominate Councillor Van der Kley to accompany the Mayor and

BMLOT official to the event; and

5. That the Council endorse a budget of $800 to cover the costs of gifts for the delegation.

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

For Against


* * * * * * * * * *

MINUTE NO. 5

M3. 12/10303. Passing of John Metcalfe

A MOTION was MOVED by Councillors Myles and Greenhill:

That the Council formally acknowledges the contribution of John Metcalfe to the City and pass on our condolences to his family. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

MINUTE NO. 6

3. 11/198881. Blue Mountains Sister Cities Committee Annual Report

A MOTION was MOVED by Councillors Greenhill and Creed:


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1. That the Council endorses the Sister Cities Committee Annual Report for 2011 and publishes the report on the Council website;

2. That the Council welcomes the newly appointed Executive Committee members

and thanks those outgoing members of the Committee; and

3. That the Council thanks the outgoing Committee members for their efforts on behalf of the Council.


For Against


* * * * * * * * * *

MINUTE NO. 7

4. 11/191366. Unreasonable Complainant Conduct Management System Update


1. That the Council notes that the Unreasonable Complainant Conduct Management System Policy 2009 remains in operation; and

2. That the Council notes the report on the operations of the Policy. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

MINUTE NO. 8

5. 11/191431. Code of Conduct Report 2011


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That the Council notes the General Managers annual legislated report on allegations received under the Blue Mountains City Council Code of Conduct for 2010-11 period. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

MINUTE NO. 9

6. 11/195179. Schedule of Invested Monies for November 2011


1. That the Council receive the schedule of invested monies for November 2011; and

2. That the certificate of the Responsible Accounting Officer be noted. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

MINUTE NO. 10

7. 11/191417. Community Assistance/Donations - Recommendation by Councillors

A MOTION was MOVED by Councillors Creed and Greenhill:

That the Council approve the following donations from the Councillor’s Minor Local Projects vote:


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Organisation Amount Blue Mountains Ukulele Club 1000.00 Gateway Family Services 200.00 Glenbrook Community Arts Centre 500.00 Kinship at Christmas 200.00 St Finbar’s Church 500.00


For Against Councillors Myles Councillors

Gibbs Mays Searle Van der Kley Luchetti McLaren McCallum Greenhill Creed

* * * * * * * * * *

MINUTE NO. 11

8. 12/449. Variation to 2011/12 Sports Fees Expenditure Program


That the Council note that the 2011-2012 Sports Fees Expenditure Program be updated to include $4000 for the design of field drainage works at Summerhayes Park. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:



* * * * * * * * * *

MINUTE NO. 12

9. 11/194356. Blue Mountains Heritage Advisory Committee - Minutes of 30 November 2011


That the Council approves and adopts the Minutes for the Blue Mountains Heritage Advisory Committee held on 30 November 2011.


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For Against


* * * * * * * * * *

MINUTE NO. 13

10. 11/196567. Review of NSW Planning System: Council Submission to Issues Paper

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

That the Council endorses the attached submission in response to the Issues Paper prepared as part of the review of the NSW planning system to the independent panel that is conducting the review. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

MINUTE NO. 14

11. 12/3562. Draft Blue Mountain Cultural Centre Business Sponsorship Policy


1. That the Council endorse the Draft Blue Mountains Cultural Centre Business Sponsorship Policy for Public Exhibition for a period of 28 days; and

2. That the Council receive a report on the outcomes of the Public Exhibition process

for the Draft Blue Mountains Cultural Centre Business Sponsorship Policy to the 13 March 2012 Ordinary Meeting of the Council.


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For Against


* * * * * * * * * *

MINUTE NO. 15

12. 12/4431. NSW Government Local Infrastructure Renewal Scheme


1. That the Council note that on 6 January 2012 the NSW Government announced that NSW councils can now apply for interest subsidies under the Local Infrastructure Renewal Scheme;

2. That the Council endorse the Blue Mountain City Council’s notification of its

intention to lodge an application under the scheme by 10 February 2012 as required by the guidelines;

3. That the Council note that a further report will be bought before the Council at the

13 March 2012 Ordinary Meeting with proposed projects that would be considered suitable for inclusion in the Council’s application; and

4. That the Council note that the closing date for applications is 30 March 2012. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *


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MINUTE NO. 16

13. 11/193366. Extinguishment of Drainage Easement- 44 Queens Road, Leura


1. That the Council agrees to extinguish the redundant drainage easement on Lot 1 in Deposited Plan 213428 being 44 Queens Road, Leura; and

2. That the Common Seal of the Council be affixed to any necessary documents as

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

For Against


* * * * * * * * * *

MINUTE NO. 17

14. 12/7074. Leura Falls Creek Catchment Condition

A MOTION was MOVED by Councillors Mays and Gibbs:

That the Council defer this report in relation to the health of Leura Falls Creek, its tributaries, the urban impacts that affect this catchment and the actions taken by council until the 21 February 2012 Council Meeting. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *


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MINUTE NO. 18

15. 12/1629. Wildlife Management Areas

A MOTION was MOVED by Councillors McCallum and Greenhill:

1. That the Council receives the report and notes the information provided in the report;

2. That the Council proceed with a trial of Wildlife Protection Areas at Sassafras Gully and Bonnie Doon and these be placed on public exhibition in accordance with the Wildlife Protection Area Policy; and

3. That the outcomes of the public exhibition are reported to the Council at the

ordinary meeting of 3 April 2012. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

MINUTE NO. 19

16. 12/3639. Tender for the Construction of a New Toilet Block Facility at Hazelbrook Shopping Centre

A MOTION was MOVED by Councillors Searle and McLaren:

1. That the Council accepts the tender submitted by Cranebrook Constructions for the construction of a public toilet facility at the Hazelbrook shopping centre for the sum of $257,318 (two hundred and fifty-seven thousand three hundred and eighteen dollars) exclusive of GST; and

2. That the Common Seal of the Council be affixed, as required, to documents relating to this contract.


For Against

Councillors Myles Councillors Gibbs Mays Searle Luchetti


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McLaren McCallum Greenhill Creed

with Councillor Van der Kley out of the Chamber.

* * * * * * * * * *

MINUTE NO. 20

17. 11/190695. Lawson Community Hall (Mechanics Institute) - Fees and Charges


1. That the Council receives this report; and 2. That the Council adopt the schedule of the proposed fees and charges 2011/2012,

as set out in this report, for the use of the Lawson Community Hall. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:



* * * * * * * * * *

MINUTE NO. 21

18. 11/201919. Blue Mountain Cultural Centre Governance progress


That the Council endorse this report and the transition to the Establishment Committee phase. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:




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MINUTE NO. 22

19. 11/182851. Bicycle Racks in Glenbrook

A MOTION was MOVED by Councillors McCallum and Creed:

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

For Against


* * * * * * * * * *

MINUTE NO. 23

20. 11/191148. Department of Family and Community Services NSW - Service Agreement - Variation 2011/2012

A MOTION was MOVED by Councillors McLaren and Luchetti:

That the Council approves entering into a revised 2011-2012 Service Agreement with the Department of Family and Community Services for the funding of community service activities totalling $215,763 GST exclusive, and that the Common Seal of the Council be affixed to the Agreement. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *


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MINUTE NO. 24

21. 12/3625. State Government Emergency Management Charges


1. That the Council endorse that the Mayor and General Manager seek to meet with the Minister for Police and Emergency Services, Mr Michael Gallagher and the Minister for Local Government, Mr Don Page regarding the increasing cost and impact of these increases on the Council of Statutory Contributions for Emergency Services and the Council’s ability to re-coup the true cost of these services; and

2. That the Council seek the support of the State local members to secure the

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

For Against


* * * * * * * * * *

MINUTE NO. 25

22. 11/192564. Tender for the Glenbrook Aquatic Centre - Upgrade to Plant and Equipment


1. That the Council accepts the tender submitted by Trisley’s Hydraulic Services Pty Ltd for the upgrade to plant and equipment at the Glenbrook Aquatic Centre for the sum of $944,700 (nine hundred and forty-four thousand, seven hundred dollars) exclusive of GST; and

2. That the Common Seal of the Council be affixed, as required, to documents

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

For Against

Councillors Myles Councillors Gibbs Mays Searle Van der Kley Luchetti McLaren


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McCallum Greenhill Creed

* * * * * * * * * *

MINUTE NO. 26

23. 12/2197. Confidential Business Paper - Hazelwood Child Care Centre

A MOTION was MOVED by Councillors Luchetti and Searle:

1. That Item 23 in the Confidential Business Paper be deferred for consideration until all other business of this meeting has been concluded.

2. That the Council close part of the Council Meeting for consideration of Item 23 in

the Confidential Business Paper ‘Hazelwood Child Care Centre‘ 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.



Gibbs Mays Searle Luchetti McLaren McCallum Greenhill Creed


* * * * * * * * * *

MINUTE NO. 27

24. 12/2392. Confidential Business Paper - Proposal for the use of Council owned land within Lawson Business Park

A MOTION was MOVED by Councillors Gibbs and McLaren:

1. That Item 24 in the Confidential Business Paper be deferred for consideration until all other business of this meeting has been concluded.

2. That the Council close part of the Council Meeting for consideration of Item 24 in

the Confidential Business Paper ‘Proposal for the use of Council owned land within Lawson Business Park‘ 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.


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For Against


* * * * * * * * * *

MINUTE NO. 28

25. 11/195492. Lawson Town Centre - Request for Additional Sponsorship for Civil Works for Installation of Public Art Work

The meeting was addressed by: Mick Barrett

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

1. That that the Council endorses the artist to proceed with the fabrication and installation of the artwork Noondial; and

2. That the Council approves the variation request from MMNC for an additional $2,000 for the foundation works for the artwork.




* * * * * * * * * *

MINUTE NO. 29

26. 12/3248. Advice to Council Regarding Preparation of Citywide Local Environmental Plan by Penrith City Council


That the Council makes a submission to Penrith City Council on matters included in


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the Penrith Local Environmental Plan that have implications for the City of the Blue Mountains, as discussed in the report. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

MINUTE NO. 30

27. 11/191673. Current Status of Outstanding Permissibility Issues – 171 Lurline Street, Katoomba

The meeting was addressed by: Amanda Hamilton-Hersey

A MOTION was MOVED by Councillors Mays and McLaren: 1. That Council notes this report; and

2. That Council endorses Option 2, which allows Yindi Day Spa to continue operating at 171 Lurline Street Katoomba, until the review of LEP 1991 is complete.

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

For Against


* * * * * * * * * *

MINUTE NO. 31

28. 12/2553. Development Application No. X/747/2011 for a two storey Trade Training Building on Lot 10 DP 1071527, Lot 1 DP 1134493 and Lot 1 DP 1134511, Wycliffe Christian School, 133-137 Rickard Road, Warrimoo



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1. That the Development Application No. X/747/2011 for a two storey Trade Training Building on Lot 10 DP 1071527, Lot 1 DP 1134493 and Lot 1 DP 1134511, Wycliffe Christian School, 133-137 Rickard Road, Warrimoo 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. 2. That the Council not impose a condition requiring a contribution under the Blue Mountains Citywide Community Infrastructure Contributions Plan 2010 (Section 94A Levy Plan) for the reason that the application is for the purpose of an educational facility in accordance with cl. 1.16 (h) of the Plan. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being:

For Against


* * * * * * * * * *

MINUTE NO. 32

29. 12/2652. Development Application No. X/393/2011 for additions and alterations to existing Self-Storage Units on Lot B DP 405955, 7 Livingstone Street, Lawson


That the Development Application No. X/393/2011 for additions and alterations to the existing self-storage units on Lot B DP 405955, 7 Livingstone Street, Lawson 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


* * * * * * * * * *


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MINUTE NO. 33

30. 12/3352. Development Application No. X/434/2011 for additions and alterations to industrial Unit and new onsite stormwater drainage system for Ridge Top Frames and Trusses on Lot 3 SP 39338 and Lot 4 SP 39338, Units 3 & 4, 31 Attunga Road, Blaxland

The meeting was addressed by: Kaye Thorne, Juliet Hinchliffe, Stephen Roseby


That the Development Application No. X/434/2011 for additions and alterations to industrial unit and new onsite stormwater drainage system for Ridge Top Frames and Trusses on Lot 3 SP 39338 and Lot 4 SP 39338, Units 3 & 4, 31 Attunga Road, Blaxland, 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 with the following amendment to the Conditions of Consent: Acoustic barriers 11A To minimise potential noise impact on the residential area to the south of the property, the following works shall be completed prior to the issue of an Occupation Certificate:-

a. A 1.5 metre high lapped timber paling fence shall be erected on top of the proposed retaining wall, extending from the site of the caretaker’s dwelling to the western wall of the storage rack building, and

b. The installation of Infill cladding fully enclosing the southern (rear) wall of the storage rack building.


For Against


* * * * * * * * * *

MINUTE NO. 34

31. 12/3709. Development Application No. X/677/2011 for a child care centre at Faulconbridge Public School, Lot 51 DP 883899, 2-24 Grose Road, Faulconbridge

The meeting was addressed by: Daphne Stone, Terry Timbs

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

That this item be deferred until a solution for driveway access, noise amelioration and water management by consulting with the applicant and residents and the Development Application come to the 13 March 2012 Council Meeting.


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For Against


* * * * * * * * * *

MINUTE NO. 35

32. 12/4287. Development Application No. X/767/2011 for nineteen (19) residential units with basement car parking on Lot 44 DP 1052149, 8 Great Western Highway, Leura

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

That the Development Application No. X/767/2011 for nineteen (19) residential units with basement car parking on Lot 44 DP 1052149, 8 Great Western Highway, Leura 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:

For Against

Councillors Myles Councillors Gibbs Searle Mays Van der Kley Luchetti McLaren McCallum Greenhill Creed

* * * * * * * * * *

MINUTE NO. 36

33. 12/3648. Modification Application No. XM/773/2009/B to modify Development Consent for alterations & additions on Lot 8–22 DP 2450, Lot 1 DP 133407, Lot 20 DP 25570, Lot 2 DP 334630, Hydro Majestic Hotel, 52-88 Great Western Highway, Medlow Bath

The meeting was addressed by: Tony Moody

A MOTION was MOVED by Councillors Mays and Searle:

That the modification application No. XM/773/2009/B be determined pursuant to S.96 of the Environmental Planning and Assessment Act 1979 by modifying Condition 19


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(Section 94A Development Contribution) to reduce the levy by $7,741.79 to a total amount of $339,254.48 and to require the payment of the levy no later than 12 months after the issue of any occupation certificate (with a bank guarantee to be provided to the Council for the levy prior to the issue of that occupation certificate), but refusing any further reduction in the levy as it is not in accordance with the Citywide Community Infrastructure Contributions Plan 2010 for the following reasons:

1. The value of works undertaken is not accepted as being equal to the contribution otherwise required under clause 1.19.1(a) of the Citywide Community Infrastructure Contributions Plan 2010;

2. The works undertaken are not to be handed over to Council without restriction of limitation, as required under Clause 1.19.1(b) of the Citywide Community Infrastructure Contributions Plan 2010;

3. The works would not be towards the public purpose to which the contribution would otherwise be applied under clause 1.19.2 of the Citywide Community Infrastructure Contributions Plan 2010; and

4. The proposed work is of the type assessed as being part of the approved development and in balance of potential heritage impacts. The proposed work is identified within Part 6 (Conservation Policies) within the adopted Conservation Management Plan.


For Against


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MINUTE NO. 37

34. 11/184361. Katoomba Street, Katoomba - Parking Arrangements

A MOTION was MOVED by Councillors Mays and Gibbs:

1. That the Council receives and notes this report; and 2. That this matter be referred to the Katoomba Traffic Study for their consideration. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against

Councillors Myles Councillors Gibbs Mays


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Searle Van der Kley Luchetti McLaren McCallum Greenhill Creed

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MINUTE NO. 38

35. 11/193689. Proposed Roundabout at the intersection of Katoomba and Waratah Streets, Katoomba


1. That the Council defers the proposed Roundabout at the intersection of Katoomba and Waratah Streets, Katoomba project at this time pending completion of the Katoomba Traffic Study;

2. That the Council, in accordance with Section 178, Clause 3 (1) (b), Local

Government (General) Regulations 2005, declines the tender submitted by Anewtec Civil Pty Ltd for the construction of a roundabout at the intersection of Katoomba St and Waratah St, Katoomba for the sum of $719,335 (seven hundred and nineteen thousand three hundred and thirty five dollars) exclusive of GST; and

3. That the Council approves the transfer of the balance of funds for the proposed

Roundabout at the intersection of Katoomba and Waratah Streets as allocated in the Capital Works Program and the identified savings in the 2011/12 program as reported in the Quarter 1 Budget review totalling $729,000 to a Restricted Assets Account to be reserved for traffic related projects in Katoomba.


For Against


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MINUTE NO. 39

36. 11/179611. Local Traffic Committee - Minutes of 8 November 2011 Meeting



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

(a) 2011.39 Hydora Lane, Blackheath. - Proposed No Stopping Zone; (b) 2011.40 Wentworth Street, Blackheath - Proposed Kiss and Ride Zone fronting

Blackheath Public School; (c) 2011.41 Whitton Street, Katoomba - Proposed No Stopping Zone fronting

Endeavour Energy’s driveway; (d) 2011.42 Katoomba Street, Katoomba - Proposed addition of a Children’s

Crossing at the Pedestrian (Zebra) Crossing fronting St Canice’s Catholic School;

(e) 2011.43 Everglades Avenue, Leura - Proposed Bus Zone and No Stopping Zone; and

(f) 2011.44 Falls Road, Wentworth Falls - Proposed Disabled Parking Zone fronting Wilson Park;

3. That the Council notes LTC recommendations:

2011.45 Macquarie Road, Springwood - Traffic and Pedestrian Conditions fronting Springwood Public School; 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


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MINUTE NO. 40

37. 12/3805. Condition of Lett Street, Katoomba


That the Council receives a report on the condition of Lett St, Katoomba road surface and any urgent road maintenance program and local traffic controls required, along with the associated costs for such programs/controls. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against

Councillors Myles Councillors Gibbs Mays Searle Van der Kley


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Luchetti McLaren McCallum Greenhill Creed

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MINUTE NO. 41

38. 12/7668. 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


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Matter of Urgency That the Council now consider a matter arising in relation to large trucks utilising the Great Western Highway over the Blue Mountains, that has been ruled by the Mayor to be a matter of great urgency.

MINUTE NO. 42

Procedural - Matter of Urgency

A MOTION was MOVED by Councillors Greenhill and Gibbs: 1. That the Council calls on representatives from the Federal and NSW levels of

government to meet with Council representatives in order to discuss means and methods by which large trucks can be limited or controlled in terms of behaviour on the Great Western Hwy over the Blue Mountains; and

2. That the Council notes the current condition of the road in regard to roadwork. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against

Councillors Myles Councillors


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Matter of Urgency That the Council now consider a matter arising in relation to the granting of liquor license applications in Katoomba, that has been ruled by the Mayor to be a matter of great urgency.

MINUTE NO. 43

Procedural - Matter of Urgency

A MOTION was MOVED by Councillors Gibbs and McLaren: That the Council write to the:

1. The Chairman of the Casino, Liquor and Gaming Control Authority, Mr Chris Sidoti, expressing our thanks for the recent decision to refuse the liquor license application by Aldi in Katoomba; and

2. The Minister for Planning, Mr Brad Hazzard, asking for a review of planning

rules in relation to bulk alcohol outlets to allow Councils and communities to take density of outlets into consideration when making determinations of development applications for bulk liquor outlets.


For Against


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MINUTE NO. 44

Procedural – Move into Confidential Session

A MOTION was MOVED by Councillors Searle and Creed:

1. That the Meeting move into a Confidential Session; 2. That pursuant to the provisions of Section 10A(2) (d i) (d ii) 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.

3. That the correspondence and reports relevant to the subject business be withheld

from access to the media and public as required by section 11 (2) of the Local Government Act 1993.


For Against


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MINUTE NO. 45

23. 12/2197. Confidential Business Paper - Hazelwood Child Care Centre

A MOTION was MOVED by Councillors Searle and Mays:

1. That the Council agrees in principle to acquire 14 Glendarrah Street, Hazelbrook to facilitate the development of a new child care facility;

2. That the Council in order to secure the site seeks a 12 month 1% option to purchase the site with the current owner;

3. That the acquisition only proceeds once site feasibility has been established and a full cost recovery funding agreement is in place with the Department of Education, Employment and Workplace Relations;

4. That the General Manager be delegated the authority to finalise the purchase once the necessary conditions have been met;

5. That the Common Seal of the Council be affixed, as required, to documents relating to this matter;

6. That consistent with Section 31 of the Local Government Act the subject land to be


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classified operational upon purchase; and

7. That a further report is submitted for the Council’s consideration by July 2012. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:


Gibbs Mays Searle Luchetti McLaren McCallum Greenhill Creed


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MINUTE NO. 46

24. 12/2392. Confidential Business Paper - Proposal for the use of Council owned land within Lawson Business Park

A MOTION was MOVED by Councillors Mays and Searle:

1. That the Council receives and notes this report;

2. That the Council resolves in principle to support the proposal received from Blue Eco Homes in support of their tender to TEKTUM for the use of 17 Johns Street, Lawson for the purposes of a manufacturing business, subject to further negotiations with Blue Eco Homes;

3. That the Council agrees in principle to consider providing rent relief to Blue Eco Homes in support of their tender to TEKTUM through the first five years of the operational production period, subject to the Council complying with its statutory obligations in relation to the provision of support of this nature;

4. That full site surveys be commissioned to fully understand localised flora, fauna and site survey information;

5. That a business case be developed and the financial and legislative ramifications be identified for further consideration by the Council prior to final commitment if the project progresses; and

6. That the Blue Eco Homes be advised that Council would anticipate that after the fifth year any arrangement would be on a full commercial basis.



Gibbs Mays Searle Van der Kley


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Luchetti McLaren McCallum Greenhill Creed

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MINUTE NO. 47

Procedural – Return to Public Meeting

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

That the Meeting be reopened to the Public. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:



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MINUTE NO. 48

Procedural – Question that Meeting Close

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

That as there was no further business before the Ordinary Meeting of Tuesday, 31 January 2012, the meeting closed at 9.50pm. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:


Gibbs Mays Van der Kley Luchetti McLaren McCallum Greenhill Creed

with Councillor Searle out of the Chamber.

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BLUE MOUNTAINS CITY COUNCIL MINUTES OF ORDINARY …€¦ · 15 12/4431 nsw government local infrastructure renewal scheme ... facility at hazelbrook shopping centre ... stormwater