MINUTES OF THE MEETING OF THE COUNCIL OF BURWOOD held in the Conference Room, Level 1, 2 Conder Street, Burwood on Tuesday 26 March 2024 commencing at 6:00 PM.
Attendance Councillor John Faker (Mayor)
Councillor Heather Crichton
Councillor Ned Cutcher
Councillor Pascale Esber
Councillor David Hull
Councillor George Mannah (Deputy Mayor)
Councillor Hugo Robinson (via Zoom)
Opening of meeting by the Mayor
The Mayor opened the meeting with a prayer and Acknowledgement of Country.
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Apologies and leave attend via audio visual link |
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19/24 |
1. That there were no apologies. 2. That Cr Robinson be granted leave to attend the meeting via audio visual link.
(Moved Councillor Ned Cutcher/Seconded Deputy Mayor George Mannah)
For: Cr Faker, Cr Mannah, Cr Crichton, Cr Cutcher, Cr Esber, Cr Hull, Cr Robinson Against: Nil |
Declarations of interest
Mayor Faker declared a pecuniary interest in Item NM2/24 as he owns a property at The Strand, Croydon. Mayor Faker made the following declaration to the meeting:
As in previous meetings, I will be disclosing a pecuniary conflict of interest in relation to the TOD SEPP matter as I own a business at the Strand. As previously stated, I was advised that, in my capacity as Mayor of Burwood, I could still be involved in advocacy and in community representation. As such, I am tabling a Mayoral Minute tonight to summarise the ongoing advocacy work undertaken by Council and to call for further clarification on some important points that are of concern to our community. However, in relation to the Notice of Motion, because it calls for specific actions, I will be vacating the meeting and I will ask the Deputy Mayor to take the chair.
Declarations of political donations
There were no declarations of political interests by Councillors.
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20/24 |
That the minutes of the meeting of Burwood Council held on Tuesday 13 February 2024, as circulated, be confirmed and signed as a true record of the proceeding of the meeting, subject to the following amendment:
That the Mayor did not cast a vote and was not present in the room during Item 1/24.
(Moved Deputy Mayor George Mannah/Seconded Councillor Ned Cutcher)
For: Cr Faker, Cr Mannah, Cr Crichton, Cr Cutcher, Cr Esber, Cr Hull, Cr Robinson Against: Nil |
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(ITEM MM2/24) Heritage and Governance – Transport Orientated Development Program (TOD) – Croydon Precinct
File No: 24/8491 |
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Summary
The NSW Government’s Transport Oriented Development Program (TOD), was released in December 2023 and proposes to fast track the rezoning of land within 400m of Croydon railway station to allow for 6 storey residential flat buildings. The TOD SEPP program is a State Government initiative established in response to the Federal Housing Accord and need for housing supply.
As we all know, our Council was not involved in the selection of Croydon as a Tier 2 location under the proposed TOD SEPP, and since December we have been working tirelessly to understand the intent of the proposed changes, to engage with our community and to make submission and representation on behalf of our residents.
Following the initial Notice of Motion endorsed by Council on 12 December 2023, we negotiated a meeting with the Minister for Planning and Public Spaces on 19 February, sent letters to the Premier of NSW, created an information section on our website, ran a petition between December and January that collected close to 800 signatures, we lodged an interim submission, followed by a report to Council on 13 February and then lodgement of a formal submission, we invited Department representatives to brief our Councillors on 22 February, our staff met with senior Department representatives on 1 March and continue to liaise with the Department at all available levels.
On Thursday last week I met with the Minister for Planning and Public Spaces the Hon. Paul Scully again, together with our State Member and Council’s General Manager, Director City Strategy and Manager City Planning. Together, we reiterated Burwood Council’s positive track record in working with our community, our historical strategic planning position of concentrating density in our town centre, and our willingness to work with the State Government to achieve a pragmatic solution to the housing plans.
I have personally been engaging with community on this matter since December, and I think I can confidently say that while our residents have shown a great degree of maturity in discussing the housing crisis currently being experienced in Sydney, they have concerns around the process followed by the NSW Government in announcing planning changes without consultation, and around the protection Malvern Hill Estate Heritage Conservation Area.
Council is dedicated to safeguarding the character of Croydon and the Malvern Hill Estate Heritage Conservation Area, and I would like to commend the work of Council staff in commencing a planning analysis, with the aim of identifying alternate planning options to that proposed under the TOD SEPP for the Croydon Precinct, so as to achieve the protection of the conservation area.
Nevertheless, following my ongoing conversations with our residents, I feel it is important to explore two areas in more detail: - We should confirm the legal / planning framework under which the NSW Government would be able to implement TOD SEPP changes overriding the councils’ local planning framework - We should investigate which options might be available to Council and our residents to enhance protection of conservation areas such as the Malvern Hill Estate
Operational Plan Objective C.3 An urban environment that maintains and enhances our sense of identity and place
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21/24 |
That: a) The Council confirms its continued objection to the Croydon TOD SEPP. b) The General Manager, via the Southern Sydney Regional Organisation of Councils (SSROC) or LGNSW, seeks confirmation of the legal / planning framework under which the NSW Government would be able to implement TOD SEPP changes overriding councils’ local planning framework, and report the information back to Council. c) The General Manager seeks clarification on whether SEPP provisions as outlined would override heritage controls. d) The General Manager investigates available options to best engage with the community in the Croydon area, and in particular residents and owners of properties in the Malvern Hill Estate Conservation Area, to gauge interest in possible detailed heritage studies for increased heritage measures, and report the information back to Council. e) The Mayor and staff continue to notify and consult with the community on the Croydon TOD SEPP matter.
For: Cr Faker, Cr Mannah, Cr Crichton, Cr Cutcher, Cr Esber, Cr Hull, Cr Robinson Against: Nil |
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File No: 24/8490 |
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Summary
Since 2007, the Presbyterian Ladies College (PLC), has consistently advocated to both Burwood Council and Inner West Council (including the former Ashfield Council), for a realignment of the Local Government Area (LGA) boundaries bordering the eastern portion of the Croydon Campus to allow the majority of school facilities to fall into the Burwood LGA.
The rationale behind PLC's push for the boundary realignment is primarily due to the complex ownership of land by the school, which straddles two distinct LGAs. This variation in jurisdictional boundaries presents logistical challenges and administrative complexities for the school. By consolidating the school's land under one Council, PLC anticipates several operational benefits, including streamlined dealings for matters such as rates, site planning, development applications, waste management, and advocacy initiatives. A visual representation of the school’s land ownership pattern along with the current and proposed LGA boundary is shown in Attachment A.
The proposed boundary change would affect 4 parcels of land not in the ownership of the school. The process for such alterations is governed by the Local Government Act 1993, which outlines specific steps to be followed before any LGA alteration can be considered. These steps include obtaining agreement from the affected Councils and possibly the electors, providing detailed property descriptions and maps of the affected areas, and submitting resolutions supporting the alteration. The Office of Local Government (OLG) oversees the review process and facilitates the necessary approvals, ultimately culminating in the publication of a proclamation in the NSW Government Gazette to effect the boundary alteration.
Operational Plan Objective C.3 – Creating an urban environment that maintains and enhances our sense of identify and place.
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22/24 |
That: a) Council confirms it has no in-principle objections to the proposed adjustment to the Local Government Area boundary between Burwood and Inner West as shown in Attachment A of this report b) The Mayor of Burwood write to the Mayor of Inner West seeking cooperation on this matter c) The General Manger formally consult and seek feedback from Inner West Council and the impacted property owners on the proposed adjustment to the Local Government Area boundary as shown in Attachment A of this report d) Following consultation with Inner West Council and the impacted property owners a report be brought back to Council outlining options and details of next steps in the legal process under the NSW Local Government Act 1993 to progress proposed adjustment to the Local Government Area boundary as shown in Attachment A of this report with the NSW Office of Local Government.
For: Cr Faker, Cr Mannah, Cr Crichton, Cr Cutcher, Cr Esber, Cr Hull |
General Business
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File No: 24/6844 |
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Summary
The Draft Youth Action Plan 2024 - 2027 focuses on young people aged 12 to 24 years who live, visit, learn and work in the Burwood Local Government Area (LGA). The Draft Plan has been co-created by young people working with Council. It defines their key priorities and outlines actions for Council to take, working together with young people, families, schools, services and other partners, to deliver on these priorities over the next four years.
Following endorsement for public exhibition by Council at its meeting held on 28 November 2023, the Draft Youth Action Plan 2024 - 2027 was placed on public exhibition for on an extended 86-day period to accommodate the school holiday period and maximise the opportunity for feedback from young people in the community. This report now seeks Council’s adoption of the final Plan.
Operational Plan Objectives
A.7: Develop and implement the Youth Action Plan. A.8: Implement social research programs to identify and address existing and emerging community needs. |
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23/24 |
That Council adopts the Draft Youth Action Plan 2024 – 2027 included under Attachment 1.
(Moved Deputy Mayor George Mannah/Seconded Councillor Heather Crichton)
For: Cr Faker, Cr Mannah, Cr Crichton, Cr Cutcher, Cr Esber, Cr Hull, Against: Cr Robinson |
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File No: 24/7662 |
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Summary
In accordance with Clause 212 of the Local Government (General) Regulation 2005, this report details all money that Council has invested under Section 625 of the Local Government Act 1993.
Operational Plan Objective
A.103 Implement and monitor appropriate investment strategies and prepare monthly investment reports
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24/24 |
1. That the investment report for 31 January 2024 and 29 February 2024 be received and endorsed. 2. That the Certificate of the Responsible Accounting Officer be received and noted.
(Moved Councillor Pascale Esber/Seconded Councillor Heather Crichton)
For: Cr Faker, Cr Mannah, Cr Crichton, Cr Cutcher, Cr Esber, Cr Hull Against: Cr Robinson |
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(ITEM 15/24) National General Assembly of Local Government and the Australian Placemaking Summit 2024 - Conference Attendance
File No: 24/8035 |
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Summary
This report is to inform Council of the upcoming 2024 National General Assembly of Local Government and the Australian Placemaking Summit.
Operational Plan Objective
2.5.1 Provide strong leadership and advocacy on behalf of the community.
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25/24 |
1. That Council nominate the Mayor, or his alternate, as the Voting Delegate for the 2024 National General Assembly of Local Government (NGA24) to be held from 2 to 4 July 2024 in Canberra. 2. That Council determines the attendance of Councillors and the General Manager as observers at the 2024 National General Assembly of Local Government (NGA24) from 2 to 4 July 2024 in Canberra.
3. That Council determines the attendance of the Mayor, Councillors and the General Manager as attendees at the 2024 Australian Placemaking Summit from 1 to 2 May 2024 in Melbourne.
(Moved Deputy Mayor George Mannah/Seconded Councillor Pascale Esber)
For: Cr Faker, Cr Mannah, Cr Crichton, Cr Cutcher, Cr Esber, Cr Hull Against: Cr Robinson |
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File No: 24/8653 |
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Summary
This report proposes two amendments to the previously adopted schedule of Council meeting dates for 2024.
Operational Plan Objective
A.110 Deliver a progressive and accountable framework to support Councillors and Burwood Local Planning Panel
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26/24 |
That the Council meeting and briefing schedule be amended as follows: 1. The meeting of Council and related pre-meeting briefing scheduled for 28 May 2024 be rescheduled to 21 May 2024. 2. The Council and related pre-meeting briefing currently scheduled for 24 September 2024 be cancelled. (Moved Councillor Ned Cutcher/Seconded Councillor Pascale Esber)
For: Cr Faker, Cr Mannah, Cr Crichton, Cr Cutcher, Cr Esber, Cr Hull Against: Cr Robinson |
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File No: 24/8257 |
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Summary
This report proposes the expansion of Burwood’s pop-up market offerings through the trial of two new market events in Burwood Park.
These markets are intended to activate our public spaces, stimulate increased economic activity in the Town Centre and create dynamic, inclusive environments for people of all ages to enjoy.
Delivered in partnership with Cambridge Markets, who specialise in market events, the activations are scheduled to coincide with the June 2024 long weekend and Council's Christmas Carols event in December 2024.
Expanding on the success of the existing Woodstock Artisan Markets, the pop-up markets at Burwood Park will offer up to 150 stalls, significantly enhancing the scale and variety of goods available to our community and visitors.
Operational Plan Objective
P22. Deliver projects that activate streets, public and open spaces and enhance amenity, accessibility and safety P 36. Activate key public places to foster productivity, economic recovery, community connection and local identity
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27/24 |
1. That Council waive the $2,000 park hire fee associated with the delivery of Cambridge Market’s two pilot pop-up events in Burwood Park. 2. That a report be presented to Council in February 2025 following the completion of the market trials, outlining outcomes, community feedback, and recommendations for future events. (Moved Councillor Pascale Esber/Seconded Councillor David Hull)
For: Cr Faker, Cr Mannah, Cr Crichton, Cr Cutcher, Cr Esber, Cr Hull, Cr Robinson Against: Nil |
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File No: 24/7969 |
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Cr Cutcher asked that it be noted in the Minutes that the references in his questions to Item 16/22 were a typographical error and should have referred instead to Item 16/21.
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28/24 |
That Council receives and notes this report.
(Moved Councillor Ned Cutcher/Seconded Councillor Heather Crichton)
For: Cr Faker, Cr Mannah, Cr Crichton, Cr Cutcher, Cr Esber, Cr Hull, Cr Robinson Against: Nil |
Reports of Committees
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File No: 24/7615 |
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Summary Attached are the Minutes of the Burwood Local Traffic Committee from meeting of March 2024. The Minutes are hereby submitted to the Ordinary Council Meeting for consideration and adoption by Council.
Operational Plan Objective C.4.1 Plan and manage transport infrastructure to meet current and future community needs A.40 Investigate traffic hot spots and implement solutions such as pedestrian refuges, roundabouts or traffic calming devices.
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29/24 |
That the minutes of the Burwood Local Traffic Committee of March 2024 be noted and the recommendations of the Committee as detailed below be adopted as a resolution of the Council.
(ITEM LTC4/24) Boyle Street, Croydon Park - Request for Mobility Parking Space Recommendation That Council approves the installation of one 6.7m long mobility parking space on-street along the Violet Street boundary of 49A Boyle Street, Croydon Park.
(ITEM LTC5/24) ANZAC COMMEMORATIVE DAWN SERVICE 2024 - ROAD CLOSURE Recommendations 1. That Council approve the temporary road closure on the northern side of Church Street on Thursday 25 April 2024 commencing at 5.00am for the purpose of organising participants. 2. That Council approve the rolling road closure from Church Street onto Burwood Road to Burwood Park on Thursday 25 April 2024 commencing at 6.00am. 3. That organisers/marshals be requested to ensure that all participants remain within the confines of the west bound lane of Church Street and northbound lane on Burwood Road. 4. That Council and TfNSW note that this is a Category 3 event.
(ITEM LTC6/24) Burwood 150th Celebration Road Closure and Traffic Management Recommendations
1. That Council approve the full road closure of Burwood Road between Railway Parade and Belmore Street, from midday to midnight on Saturday 6th April 2024. 2. That Council approves the partial closure of 40 spaces in the Elizabeth Street carpark, with spaces blocked off with road barriers. 3. That Council approves the attached TCP clearly showing all proposed advance warning signage, detours and temporary bus shelters. 4. That all proposed temporary VMS boards are approved for installation at the locations specified for a period of one week prior to the event date. 5. That Council approves the temporary ‘No Stopping’ restrictions for both sides of Burwood Road between Railway Parade and Belmore Street from 10:00am to midnight on Saturday 6th April 2024.
(ITEM LTC7/24) Park Road, Burwood - Proposed traffic islands and give way restrictions Recommendations 1. That Council approve the installation of ‘Give Way’ restrictions on Park Road, Burwood at its intersection with Parramatta Road, including all signs and linemarkings. 2. That Council approve the installation of the new traffic islands on Park Road, Burwood at its intersection with Parramatta Road. 3. That Council approve the installation of a left turn arrow in Park Road at its intersection with Parramatta Road to help ensure motorists are clear that they are to enter Park Road from Parramatta Road.
(ITEM LTC8/24) Woodside Avenue, Burwood - Work Zone application Recommendation The Council approve the installation of a 10 metre long “Work Zone - 7:00 am – 5:30pm Monday to Friday, and from 7:00am to 4:00pm Saturday directly fronting on Woodside Avenue which is the southern frontage of No. 47 Conder Street, Burwood, for a length of 10m and for a period of 44 weeks.
(ITEM LTC9/24) 12 Byer Street, Enfield - Removal of mobility parking restrictions Recommendation That Council approve the removal of the ‘Mobility Parking’ space located outside 12 Byer Street, Enfield and convert the area to “4P 8:00am to 6:00pm (Monday – Friday) & 8:00am to 01:00pm (Saturday) – Permit Holders Excepted Area 18” parking restrictions.
(Moved Deputy Mayor George Mannah/Seconded Councillor Ned Cutcher)
For: Cr Faker, Cr Mannah, Cr Crichton, Cr Cutcher, Cr Esber, Cr Hull, Cr Robinson Against: Nil |
Notices of Motion
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File No: 24/7931 |
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Summary Currently only 25% of school children walk or ride to and from school, down from 75% 40 years ago. This has had an impact on the mental wellbeing and physical health of children, increased the number of cars taking short trips in our local community, and had a detrimental impact on the environment. The NSW Government has increased funding for an Active Transport to School program, to be delivered through councils in consultation with local schools, to make it easier for children to walk, ride and scoot to and from school. As our local population grows and our urban environment becomes more built up, opportunities to encourage shared use of our streets need to be prioritised. I understand Burwood Council has been working on an Active Transport Plan for public exhibition and it is imperative that we take this opportunity to deliver new walking and cycling infrastructure as quickly as possible.
Operational Plan Objective
C.2 A healthy and active lifestyle where people experience a sense of connection and wellbeing C.4 Sustainable, integrated transport, infrastructure and networks that support population growth and improve liveability and productivity C.7 People and infrastructure contribute positively to the environment and respond to climate change C.9 Safe, clean and activated streets, centres and public places are enjoyed by people day and night
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30/24 |
That Council: 1. Acknowledges the mental, physical, social and environmental benefits of having more students walk, ride and scoot to school 2. Notes the NSW Government's Active Transport to School program offering an additional $10million to councils to fund Active Travel to School Projects 3. Requires the General Manager to: a) complete the draft Active Transport Plan, including recommendations to seek and apply for funding under the Active Transport to School Program, to be presented to Council for public exhibition in May 2024, and b) bring the plan and recommendations back to Council for endorsement as soon as practicable after exhibition.
(Moved Councillor Ned Cutcher/Seconded Deputy Mayor George Mannah)
For: Cr Faker, Cr Mannah, Cr Crichton, Cr Cutcher, Cr Esber, Cr Hull, Cr Robinson Against: Nil |
Mayor John Faker left the meeting, the time being 7:24 PM
Deputy Mayor George Mannah took the Chair.
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File No: 24/7926 |
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To seek Council’s approval for obtaining Council legal advice, considering the recommendations of a Heritage Assessment, and disclosing all deliberations of any meetings/briefings held between the NSW Minister for Planning (or Ministerial delegate) and Council, as well as invite all Burwood Councillors to all future meetings/briefings to be held with the Minister or his delegate.
Operational Plan Objective C.3 An urban environment that maintains and enhances our sense of identity and place C.3.1 Facilitate well designed, high quality and sustainable land use and development that is appropriately scaled to complement its surroundings C3.2 Protect our unique built heritage and maintain or enhance local character C.4 Sustainable, integrated transport, infrastructure and networks support population growth and improve liveability and productivity C.4.2 Plan for a city that is safe, accessible and easy to get to and move around in
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That the General Manager:
§ acting ultra vires or beyond power, § acting unfairly and § acting unreasonably, having regard to the following matters, including but not limited to: § whether the SEPP can override existing heritage controls, including LEP and DCP controls; § the failure to disclose the details of the TOD SEPP to Council and the local residents within a reasonable timeframe;
§ the absence of any information detailing the planned delivery of new community infrastructure to support the dramatic increase in population the proposal would bring with some 48,000 new dwellings § the catastrophic impact of the TODS SEPP on the heritage character of Croydon and the village atmosphere of Croydon; § adverse impacts on heritage, streetscape and privacy arising from the SEPP’s proposal to redevelop sites with narrow 6 + storey developments on blocks with no minimum lot size or frontage requirements and limited if any setbacks; § the fact that proposed FSR and height controls are subject to change and may be increased above 6 stories; § adverse impacts on existing traffic congestion and pedestrian safety; § adverse impacts on open space and community facilities; § the absence of an endorsed affordable housing contributions scheme and § the complete disregard of an online Council petition in which all 769 respondents objected to the TOD SEPP proposal in its entirety.
(Moved Councillor David Hull/Seconded Councillor Hugo Robinson)
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AMENDMENT
That the motion be amended to read: 1. Council confirms its objection to the Croydon Transport Orientated SEPP. 2. Council continue with its current advocacy policy as outlined in the Mayoral Minute adopted by Council. (Moved Councillor Pascale Esber/Seconded Councillor Heather Crichton)
For: Cr Mannah, Cr Crichton, Cr Esber Against: Cr Cutcher, Cr Robinson, Cr Hull
The Chair used their casting vote for the amendment and the amendment became the motion.
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31/24 |
1. Council confirms its objection to the Croydon Transport Orientated SEPP. 2. Council continue with its current advocacy policy as outlined in the Mayoral Minute adopted by Council. (Moved Councillor Pascale Esber/Seconded Councillor Heather Crichton)
For: Cr Mannah, Cr Crichton, Cr Esber, Cr Cutcher Against: Cr Robinson, Cr Hull
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Cr Robinson left the meeting at 7:37 PM
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32/24 |
That the meeting move into closed session in order to consider Item 19/24.
(Moved Councillor Ned Cutcher/Seconded Councillor Pascale Esber)
For: Cr Mannah, Cr Crichton, Cr Esber, Cr Cutcher, Cr Hull Against: Nil
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There were no representatives from the public to address the Council before the resolution to move into Closed Session was carried.
The Meeting moved into Closed Session at 7:38pm and the public and press were excluded from the meeting.
The meeting resumed in Open Session at 7.43pm
The General Manager read out the resolution for Item 19/24.
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File No: 24/5832 |
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That above item be considered in Closed Session to the exclusion of the press and public in accordance with Section 10A(2) (c) (d) of the Local Government Act, 1993, as the matter involves information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; AND commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.
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That Council endorse the engagement of DSS Facilities Pty Ltd to provide cleaning services for Council’s park amenities.
(Moved Councillor Pascale Esber/Seconded Councillor Heather Crichton)
For: Cr Mannah, Cr Crichton, Cr Esber, Cr Cutcher, Cr Hull Against: Nil |
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34/24 |
RESOLVED That the meeting resume in open session.
(Moved Councillor Heather Crichton/Seconded Councillor Ned Cutcher)
For: Cr Mannah, Cr Crichton, Cr Cutcher, Cr Esber, Cr Hull Against: Nil |
This concluded the business of the meeting and Council rose at 7.45pm.
The Minutes of the Ordinary Meeting held on 26 March 2024 will be submitted for confirmation by Council at its next meeting on 23 April 2024.