22 December 2009

Climate change protest

From The Newcastle Herald...
Photo by Dean Osland

BY JACQUI JONES
22 Dec, 2009 04:00 AM
NEWCASTLE councillor Michael Osborne is standing by a climate change protest that led to his arrest, despite a call for him to reconsider his civic leadership role.

Cr Osborne was back home in Tighes Hill yesterday after spending about eight hours in a police cell on Sunday.

Newcastle City Council's sole Greens representative was one of 23 protesters arrested and charged after a six-hour blockade of coal trains near Sandgate.

Environmental group Rising Tide organised the action, to express disappointment that the United Nations climate talks in Copenhagen failed to produce a legally binding treaty to reduce carbon emissions.

Cr Osborne is due to appear in court on January 19.

Newcastle Liberal councillor Brad Luke said yesterday that if Cr Osborne was found guilty of a criminal offence, he should reconsider his position on the council.

Resigning, or withdrawing from council matters temporarily might be considerations.

"How can he, as a civic leader, enforce rules in Newcastle if he can't obey laws in Newcastle himself?" Cr Luke said.

Cr Osborne said there was no reason for him not remain a councillor.

"I'm obliged to represent the interests of residents and ratepayers," he said.

"There's a lot of residents and ratepayers who are very unhappy with what happened at Copenhagen and the fact that carbon pollution is still being put out into the atmosphere and nothing's being done about it.

"I think it's [the protest] setting an example."

"I would encourage all elected representatives to take real action on this."

A council spokeswoman said a councillor might be disqualified from civic office if convicted of an offence and given a custodial sentence.

Action on climate change

From The Herald 22 December 2010...

Climate change protest

What The Newcastle Herald said...
Photo by Dean Osland

BY STEPHEN RYAN
21 Dec, 2009 04:00 AM

HUNDREDS of thousands of tonnes of coal worth millions of dollars was stopped dead in its tracks yesterday as environmental group Rising Tide vented its anger at the United Nations climate talks in Copenhagen.

Twenty-three protesters, including Newcastle Greens councillor Michael Osborne, were arrested and charged after blocking the line near Sandgate from 9am until 3pm.

The train driver saw the protesters on the track and stopped the slow-moving train before it crossed the Hunter River.

About a dozen eastbound coal trains were affected by the protest, while empty trains were unable to return to the coalfields from Kooragang Island.

The protesters were disappointed that the UN climate talks failed to produce a legally binding treaty to reduce carbon emissions.

They were especially critical of Prime Minister Kevin Rudd and Climate Change Minister Penny Wong.

Among them was Cr Osborne who said, "I think Kevin Rudd's pathetic" as he was led to a police vehicle.

Some protesters placed bicycle locks around their necks and attached themselves to the train.

Eighty-six year-old Bill Ryan from Wollongong was the oldest protester and one of the first to be arrested.

The most difficult arrests were of four people who hung from the bridge over the river and a man who sat about four metres above the track on a tripod.

Officers from police rescue, the public order and riot squad, water police and general duties officers attended the scene, as well as two ambulances and a NSW Maritime boat.

Acting Inspector Alan Janson said police were given no warning and were forced to dedicate a lot of resources to the protest.

Brad Emery, spokesman for the Australian Rail Track Corporation, said the protesters should think about the impact their actions have on the Hunter economy and jobs.

"Protests like this cost millions of dollars," he said.

Action on climate change

From The Herald 21 December 2010...

Council meeting 15 December 2009

Tonight, the Council decision to cut down the Laman St trees was rescinded.

Here's what happened...

PROCEDURAL MOTION: (Councillor M Osborne)
Item 28 - Rescission motion - Laman Street trees, be the first item dealt with due to large public interest in the gallery.

The motion was put to the meeting and declared carried.

ITEM-28 NOM 15/12/09 - RESCISSION MOTION - ITEM 28 OF THE ECONOMY & CIVIC ASSETS AND GOVERNANCE AGENDA OF 17 NOVEMBER - LAMAN STREET TREES

PROCEDURAL MOTION
RESOLVED: (Councillors M Osborne)
Item 28 - Rescission motion - Laman Street trees, be the first item dealt with due to large public interest in the gallery.

MOTION: (Councillors N Nelmes/M Osborne)
The resolution of Item No. 28 of the Economy and Civic Assets and Governance Strategic Themes Committee of 17 November 2009 be rescinded.

Following discussion Councillor Osborne gave notice of a foreshadow motion as follows:

That Council form a community design panel using place making principles for the civic and cultural precinct of Laman Street.
To consider the arboricultural advice, the relevant resource and risk issues, and the full range of options available to Council and the community to address the future of these trees and make an appropriate recommendation to Council.

Following further discussion the motion was put to the meeting and the Lord Mayor called for a division which resulted as follows:

For the motion: Councillors A Buman, S Claydon, S Connell, T Crakanthorp, M Jackson, M King, N Nelmes and M Osborne.
Against the motion: The Lord Mayor, Councillors G Boyd, B Cook, B Luke and S Sharpe.

The motion was declared carried on the division of eight votes to five votes.

RESOLVED: (Councillors N Nelmes/M Osborne)
The resolution of Item No. 28 of the Economy and Civic Assets and Governance Strategic Themes Committee of 17 November 2009 be rescinded.

MOTION: (Councillors M Osborne/N Nelmes)
That Council form a community design panel using place making principles for the civic and cultural precinct of Laman Street.
To consider the arboricultural advice, the relevant resource and risk issues, and the full range of options available to Council and the community to address the future of these trees and make an appropriate recommendation to Council.

The Lord Mayor gave notice of a subsequent motion in respect to this matter with regard to safety issues.

PROCEDURAL MOTION
MOTION: (The Lord Mayor)
The meeting conclude at 9.00pm.

The procedural motion was put to the meeting and declared defeated.

Councillor Boyd asked the mover and seconder if they would be prepared to include a date when the report should come back to Council.

Councillor Osborne indicated by 1 May 2010.

Councillor Connell asked Councillor Osborne if he would amend the motion to a community design 'process' instead of panel.

Councillor Osborne indicated he would accept the change.

The Lord Mayor wanted it noted that public safety was paramount in his decision.

The motion was put to the meeting and declared carried unanimously.

RESOLVED: (Councillors M Osborne/N Nelmes)
That Council form a community design process using place making principles for the civic and cultural precinct of Laman Street.
To consider the arboricultural advice, the relevant resource and risk issues, and the full range of options available to Council and the community to address the future of these trees and make an appropriate recommendation to Council.
Such report to come back to Council by 1 May 2010.

The Lord Mayor then moved his subsequent motion.
MOTION: (The Lord Mayor/Councillor B Luke)
The General Manager forthwith be given Councils full support to implement whatever safety measures are deemed necessary to ensure the public safety of the Laman Street precinct, apart from removing the trees.

Councillor Claydon asked the General Manager whether she already held such discretionary powers.
The General Manager advised that to a certain extent some things were within her jurisdiction while some elements were not.
Councillor Osborne asked the Lord Mayor if his motion could include the General Manager brought back a report to the Council outlining the risk mitigation strategy for Laman Street.

The Lord Mayor accepted Councillor Osborne's addendum and declared it Part B of the motion. He indicated it would therefore read as follows:

B. The General Manager report to Council by way of memo as information becomes available or as action is taken.

The motion was put to the meeting and declared carried unanimously.

RESOLVED: (The Lord Mayor/CouncillorB Luke)
A. The General Manager forthwith be given Councils full support to implement whatever safety measures are deemed necessary to ensure the safety the public safety of the Laman Street precinct, apart from removing the trees.
B. The General Manager report to Council by way of memo as information becomes available or as action is taken.

Saving the Laman St fig trees

Council meeting 8 December 2009

Tonight, Council approved a development that didn't even comply with the Local Environmental Plan.

The 6.73:1 floor space ration (FSR) of the proposed development significantly exceeds the maximum allowable FSR for the site of 3.0:1 under the provisions of the Newcastle City Centre LEP, 2008.

The proposal has a parking deficiency of fifteen spaces.

Element 6.7 – Royal Newcastle Hospital Site of the Newcastle DCP, 2003 requires the upper storey setback to be a minimum of eight metres from the Watt Street boundary. The development approved by the Minister for Planning provided a three metre setback. The current amended proposal provides a zero setback. The design of the current amended proposal is not supported by the Urban Design Consultative Group and Council’s Heritage officer.

Notwithstanding all this, here's what happened...

ITEM-48 DA 07/0814 - 509 HUNTER ST & 386 KING ST NEWCASTLE - PROPOSAL TO DEMOLISH EXISTING COMMERCIAL BUILDINGS & ERECT A MIXED COMMERCIAL/RESIDENTIAL BUILDING COMPRISING AN 18 STOREY & AN 11 STOREY TOWER ACCOMMODATING SENIORS LIVING UNITS

MOTION: (COUNCILLORS S SHARPE/B COOK)
Concurrence be sought from the Director General of the NSW Department of Planning pursuant to the provisions of Clause 58 of the Hunter REP to the granting of consent to the application.

Upon receipt of concurrence, the application to erect a mixed commercial/residential building complex incorporating two levels of retail and commercial space, an 18- storey and an 11-storey tower comprising a total of 152 independent living units and four levels of carparking for 182 vehicles at 509 Hunter Street, Newcastle be approved and consent granted, subject to compliance with the conditions set out in the Draft Schedule of Conditions appended at Attachment B.

During discussion, Councillor Osborne gave notice of a foreshadow motion for Council reject the application on the basis that it does not comply with the Local Environmental Plan (LEP) in terms of floor space ratio and boundary setbacks in the Development Control Plan (DCP)

The Lord Mayor noted the foreshadow motion.

The motion was put to the meeting and The Lord Mayor called for a division which resulted as follows:
For the motion The Lord Mayor, Councillors G Boyd, A Buman, S Claydon, S Connell, B Cook, T Crakanthorp, M Jackson, M King, B Luke, N Nelmes, S Sharpe
Against the motion Councillor M Osborne

The motion was declared carried on the division of twelve votes to one.

RESOLVED: (COUNCILLORS S SHARPE/B COOK)
Concurrence be sought from the Director General of the NSW Department of Planning pursuant to the provisions of Clause 58 of the Hunter REP to the granting of consent to the application.

Upon receipt of concurrence, the application to erect a mixed commercial/residential building complex incorporating two levels of retail and commercial space, an 18- storey and an 11-storey tower comprising a total of 152 independent living units and four levels of carparking for 182 vehicles at 509 Hunter Street, Newcastle be approved and consent granted, subject to compliance with the conditions set out in the Draft Schedule of Conditions appended at Attachment B.

Council meeting 8 December 2009

Tonight, Councillors approved a 10 storey building that will dominate Watt St as you come down the hill...

The proceedings follow...

ITEM-46 DA 09/0766 – 67 WATT STREET, NEWCASTLE - ERECTION OF A TEN-STOREY MIXED COMMERCIAL/RESIDENTIAL BUILDING AND ASSOCIATED CAR PARKING AND STRATA SUBDIVISION

MOTION: (COUNCILLORS B LUKE/N NELMES)
The application for the erection of the ten-storey mixed commercial/residential building and associated car parking and strata subdivision be approved.

Councillor Luke also asked the General Manager if the officers have a Draft Schedule of Conditions that they would recommend if the development application was to be approved.

The Councillors were handed the Draft Conditions of Consent.

PROCEDURAL MOTION: (Councillor A Buman)
Five minute recess to enable Councillors to review the Draft Schedule of Conditions

Councillor Luke indicated that he would like alter his motion to reflect the recommendation of Council officers being Part (a) and Part (b) of the recommendation from Council officers including the Draft Schedule of Conditions as stated in Part (b).

Councillor Osborne gave notice of a foreshadow motion of Council officers recommendation and the seven reasons for refusal.

The application for the erection of the ten-storey mixed commercial/residential building and associated car parking and strata subdivision be refused for the following reasons:

1) The proposed development is in excess of the development standard of the Newcastle City Centre Local Environmental Plan 2008 in terms of its floor space ratio (FSR).

2) The proposed development is inconsistent with the objectives of Floor Space Ratio, as set out under Clause 23 of the Newcastle City Centre Local Environment Plan, 2008, to regulate density of development and generation of vehicular and pedestrian traffic.

3) The proposed development is inconsistent with the objectives of the B4 Mixed Use zone, as set out under the Land Use Table of the Newcastle City Centre Local Environment Plan, to protect and enhance the unique qualities and character of special areas within the Newcastle City Centre.

4) The proposed development does not comply with car parking requirements that are specified under Element 4.1 – Car Parking of the Newcastle Development Control Plan 2005.

5) The proposed development does not comply with the requirements of Element 6.7 - Royal Newcastle Hospital Site of the Newcastle Development Control Plan 2005 in terms of setback to Watt Street.

6) The proposed development does not adequately conserve the heritage significance of the heritage items in the locality of the site and the Newcastle City Centre Heritage Conservation Area.

7) Approval of the application would not be in the public interest.

Councillor Claydon asked if No. 18 of the Draft Schedule of Conditions could be changed to say The Body Corporate not The developer.

Councillor Luke and Councillor Nelmes accepted this change.

Councillor Claydon drew to the attention of Council officers that there was a numerical error in the Draft Schedule of Conditions. Director Jaeger re-numbered the conditions and confirmed there were 25 conditions.

The motion was put to the meeting and declared carried.

The motion was put to the meeting and The Lord Mayor called for a division which resulted as follows:

For the motion The Lord Mayor, Councillors G Boyd, A Buman, S Claydon, S Connell, B Cook, T Crakanthorp, M Jackson, M King, B Luke, N Nelmes, S Sharpe
Against the motion Councillor M Osborne

The motion was declared carried on the division of twelve votes to one.