MOTION: Councillor
Katris
(a) That Council note the submissions received
during the public exhibition of the Planning Proposal PP2017/0003.
(b) That Council adopt the proposed amendments to Hurstville
Local Environmental Plan 2012 as exhibited in relation to part of Lot 1
and whole of Lot 2 DP1200078, Taylors Reserve, Lugarno to:
a. Amend
Part 2 to Schedule 4 of HLEP 2012 to include Lot 2 and part of Lot 1
in Deposited Plan 1200178 and noting in Column 3 Any trusts etc not discharged
as Reservations to the Crown Grant and minerals; and
b. Add
a new map to HLEP 2012 titled ‘Land Reclassification (Part Lots)
Map - Sheet RPL_003’ which identifies part of Lot 1 in Deposited Plan
1200178 outlined in red as ‘Operational Land’.
(c) That Council forward the Planning Proposal for
gazettal to the Department of Planning, Industry and Environment in
accordance with Section 3.36 of the Environmental Planning and Assessment
Act 1979.
(d) That all persons who made a submission to the
Planning Proposal be advised of Council’s decision.
(e) i Council Officers are to
proceed with the final detailed designs of an informal public road in
accordance with the previous resolution of Council on 26 November 2018, as
indicated in Item CCL074-18, and as depicted in the detail drawing which was
attached as Appendix I, in the supplementary information and referred to as
the proposal for a public road. The only exception being that every effort is
to be employed, by Council officers, to ensure that the link between
Woodlands Avenue and Taylor Avenue is not a right of way but a one way public
laneway. In the event that this link has to be a right of way, then all
residential properties and the general public are to be given legal rights of
access.
ii. The final design for the
proposed informal Public Road should minimize the impact on as many mature
trees as is practically possible. This is to be subject to the requirements
of the Austroads Guidelines 2016 for the design of the Public Road and the requirements
of the NSW Rural Fire Services that were stipulated in their correspondence
to Council which is dated 15 July 2020 and which indicated that
the road must comply with Table 5.3b of the document titled “Planning for
bushfire Protection, 2019 edition”. It is noted that this
correspondence also confirmed that
part of Taylor reserve is classified as being
Bushfire prone and such a requirement is mandatory.
iii. implement
a program to replace the mature trees that will be required to be removed with
plantings of appropriate species within Taylors Reserve;
iv. prepare
an independent Arboricultural Impact Assessment completed by
a Level 5 Arborist that:
- Identifies trees proposed to be removed or retained;
- Identifies the impact that the proposed development will have on
the surrounding trees; and
- Is developed in accordance with AS4970-2009 Protection of trees
on development sites.
v. Offset
the loss of any open space in Taylors Reserve during the preparation and implementation
of Council’s draft Open Space Expansion and Acquisition Plan.
(f) Council is to proceed with the detail design of the informal
Public Road, as indicated in (e)(i) above, as a matter of urgency, and carry
out all actions necessary to construct this public road which must allow for
the provision of direct access to the residential properties that have been
previously identified as relying on access to their sites from the currently
existing informal access road that was nominated as Taylor Avenue in 1999 by
Council.
It is further confirmed that there is a carryover allocation of
$600,000 in the 2020/21 budget that establishes the source of finance for
this project . No further contributions are to be requested from the local
residents in order for this Public Road to be completed.
Note: The above Motion lapsed due to want of a
seconder.
RECOMMENDATION: Councillor Hindi
and Badalati
That consideration of this matter be deferred to full Council at
its meeting on 14 December 2020.
Record
of Voting:
For the Motion: Councillors
Hindi, Badalati, Landsberry and Payor
Against
the Motion: Councillor Katris
On being put to the Meeting,
voting on the Motion was four (4) votes FOR and 1 vote AGAINST.
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