Despite the earlier vote to place the amended LEP on exhibition to allow the proposed development to proceed being close, and only passing with the Lord Mayor's casting vote, this vote was unanimous.
DECLARATIONS OF PECUNIARY /NON-PECUNIARY INTEREST
Director City Assets
Mr Edmonds indicated that he had a non-pecuniary interest in Compass Housing as a Director of that particular organisation which he believed may be discussed in relation to Item 106 – Draft Amendment 7 to Newcastle LEP 2003 – Proposed Markets at 248 Hannell Street, Maryville.
Councillor Claydon
Councillor Claydon declared a significant non pecuniary perceived interest in Item 106 – Draft Amendment 7 to Newcastle LEP 2003 – Proposed Markets at 248 Hannell Street, Maryville and stated as follows: I am declaring an interest in relation to item 106, Draft Amendment 7 to Newcastle LEP 2003 – Proposed Markets at 248 Hannell Street Maryville.
As noted in an earlier declaration of interests, prior to this matter being discussed at the Public Voice Committee last week, I wish to advise Council that I am again declaring a significant, non-pecuniary conflict of interest in this matter.
In doing so, I have been guided by sections 7.10, 7.16 part (a) and 7.17 of Newcastle City Council's Code of Conduct.
I have a non-pecuniary interest in this matter, which arises from the fact that my parents now reside in Hannell Street, Maryville. I do not know my parents opinion on this matter as we have agreed not to discuss the issue and they did not live in the LGA when this matter first came to Council for discussion last April.
I have not received political contributions or political donations from the proponent and there is no reasonable likelihood or expectation of appreciable financial gain or loss regarding this draft amendment to the Newcastle LEP.
But my non-pecuniary conflict of interest is significant by virtue of the fact that it involves my parents. Having declared a significant, non-pecuniary conflict of interest I am advised that I must manage it in one of two ways. Given that I cannot relinquish or divest myself of the interest that creates the conflict (in this case, my parents) I must have no further involvement in the matter. I will therefore absent myself from and not take part in any debate or voting on Item 106.
Councillor Claydon left the Chamber for determination on this matter.
Councillor Sharpe
Councillor Sharpe declared a pecuniary interest in Item 106 – Draft Amendment 7 to Newcastle LEP 2003 – Proposed Markets at 248 Hannell Street, Maryville indicating that his family owned a plant nursery and the proponent had stated in the media that plants may be sold if such markets proceeded.
Councillor Sharpe also stated that his mother wrote for the Post Newspaper which he also understood the proponent to have an interest.
Councillor Sharpe left Chamber for determination of this matter.
The Lord Mayor
The Lord Mayor declared a non pecuniary interest Item 106 – Draft Amendment 7 to Newcastle LEP 2003 – Proposed Markets at 248 Hannell Street, Maryville.
The Lord Mayor declared that in the March 2007 State Government Election a company known as Newcastle Soccer Pty Ltd purchased a number of tickets to a fund raising event which was towards a campaign to raise money for the elections in which he was a candidate. He advised it was public knowledge by virtue of the returns to the Electoral office at that time and the details are available through the Electoral office.
The Lord Mayor believed that Newcastle Soccer Pty Ltd was a related company to the applicant of Item 26 – Proposed Amendment to Newcastle LEP 2003 with respect to 248 Hannell Street Maryville and he formally declared it under the Code of Conduct and he noted it was not a pecuniary interest in his view of significance. He noted the provisions of the Code of Conduct and the provisions of pecuniary interest therefore he made the declaration.
ITEM-106 CCL 17/11/09 - DRAFT AMENDMENT 7 TO NEWCASTLE LEP 2003 - PROPOSED MARKETS AT 248 HANNELL STREET, MARYVILLE
Note: Councillors Claydon and Sharpe were absent from the Chamber for this item.
MOTION: (COUNCILLORS B LUKE/M OSBORNE)
Council resolve to:
a not proceed with draft Amendment 7 to the LEP 2003 to permit markets at 248 Hannell Street, Maryville; and
b advise the Department of Planning that Council does not wish to have this draft plan made by the Planning Minister.
Following brief discussion the motion was put to the meeting and declared carried.
For the motion The Lord Mayor, Councillors G Boyd, A Buman, B Cook, T Crakanthorp, M King, B Luke, N Nelmes and M Osborne.
Against the motion Nil
The Lord Mayor declared the motion carried unanimously on the division of nine votes to nil votes.
RESOLVED: (COUNCILLORS B LUKE/M OSBORNE)
Council resolve to:
a not proceed with draft Amendment 7 to the LEP 2003 to permit markets at 248 Hannell Street, Maryville; and
b advise the Department of Planning that Council does not wish to have this draft plan made by the Planning Minister.
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