Damaging Motion put and resolved by Newcastle Council without proper notice at Council Meeting 16/6/2009.

Kirsty Ruddock Principal Solicitor
NSW Environmental Defenders Office
York Street SYDNEY 2000

Dear Kirsty,

Damaging Motion put and resolved by Newcastle Council without proper notice at Council Meeting 16/6/2009.

Please find the enclosed Draft Minutes for the Newcastle City Council Meeting 16/6/2009 dealing with proposed action regarding the Bullock Island Rail Corridor. The Notice of Motion moved and seconded by Councillors Osbourne/ Claydon was duly advertised for debate in accordance with the Local Government Act 1993.

As you can see from the Draft Minutes, an unrelated Motion was moved during the debate by Councillor Buman proposing adoption of a Report of the Hunter Development Corporation and certain other actions. This unrelated Motion was accepted by the Lord Mayor for debate as Part B of the Bullock Island Motion that had been properly placed on notice by Councillors Osbourne/Claydon.

You will note that the matter caused confusion in the meeting when the mover and seconder of the Motion on Notice objected to the extraneous motion being debated as part of their motion. Part B was carried after five of the Councillors walked out of the chamber in protest.

I would pleased if you could give the Parks and Playgrounds Movement legal advice on the whether introducing an unrelated unadvertised matter into a properly constituted Council Meeting is lawful and whether there is a legal remedy available to the Community and the Councillors affected when actions introduced in this extraordinary way are adopted by the Council.

Is the decision made in this way null and void or is the Council bound by this decision on the adoption of the minutes at the next Council Meeting as a true and accurate record of the meeting?

Your urgent help would be appreciated as the HDC Report adopted proposes the closing of the railway to historic Newcastle as well as many wide ranging matters concerning the future of the City.

Yours Sincerely
Doug Lithgow
Freeman of the City of Newcastle
President Parks and Playgrounds Movement
http://www.geocities.com/parksandplaygrounds/
Blog: http://parksandplaygroundsmovement.blogspot.com/


Subject: NOM 16/06/09 - BULLOCK ISLAND RAIL CORRIDOR

Councillor Crakanthorp had declared a non pecuniary, non significant interest earlier and retired from the Council Chamber prior to the commencement of the item.

MOTION: (Councillors M Osborne/S Claydon)

Newcastle City Council initiate relevant clarifications or amendment to environmental planning instruments associated with the possible future use of the former Bullock Island rail corridor in Wickham (referred to as the "Possible Future Transport Corridor" shown on the gazetted Wickham Redevelopment Area Map (sheet WRA - 001) of the Newcastle City Centre Local Environmental Plan 2008) to ensure that:

1 the instruments reflect the objective of the Wickham DCP for stronger pedestrian links between the residential area and Wickham Park

2 the corridor is developed in accordance with the Wickham DCP and is retained for future pedestrian-friendly, ecologically sustainable transport (such as rail trams, light rail and cycleways) development, and

3 the instruments specifically preclude future use of the corridor for major road or heavy rail development

FORESHADOWED MOTION: (Councillors A Buman)

PART A

Newcastle City Council initiate relevant clarifications or amendment to environmental planning instruments associated with the possible future use of the former Bullock Island rail corridor in Wickham (referred to as the "Possible Future Transport Corridor" shown on the gazetted Wickham Redevelopment Area Map (sheet WRA - 001) of the Newcastle City Centre Local Environmental Plan 2008) to ensure that:

1 the instruments reflect the objective of the Wickham DCP for stronger pedestrian links between the residential area and Wickham Park

2 the corridor is developed in accordance with the Wickham DCP and is retained for future pedestrian-friendly, ecologically sustainable transport (such as rail trams, light rail and cycleways) development, and

3 the instruments specifically preclude future use of the corridor for major road or heavy rail development

PART B

Pursuant to council’s unanimous Motion on 2 December 2008 affirming our commitment to the revitalisation of the City centre as a key strategic priority, Council now resolves:

1 Council endorse the City Revitalisation recommendations of the Hunter Development Corporation Report “Newcastle City Centre Renewal – March 2009”,

2 The General Manager bring to Council a report detailing the items contained in the Corporation’s report which can be implemented by Council forthwith subject to funding provision;

3 The General Manager apply to the Major Cities Unit of the Australian Government for funding assistance to implement the recommendations of the Corporation’s report;

4 Council reaffirms its commitment to an integrated public transport system, including enhanced transport links to and from the City and the development of a modern transport interchange for future growth, and strongly advocates that the New South Wales Government endorses, plans for and fund the preferred transport options in the Corporation’s report in conjunction with the outcomes of Council’s Traffic and Transport Study including options for the Wickham Future Transport Corridor.


PROCEDURAL MOTION: (Councillor M King)

RESOLVED: (Councillor M King)

The meeting adjourn for a five minute recess.

The Council reconvened at 8.19pm.

POINT OF ORDER

That Part B be ruled out of order and is not relevant to the Notice of Motion.

The Lord Mayor advised that Part B addresses incorporates information which addresses Part A which addressed transport in the City so therefore he did not uphold the Point of Order.

Councillor Osborne moved dissent regarding the Lord Mayor’s ruling.

MOTION: (The Lord Mayor)

Chairman’s ruling be upheld.

The Lord Mayor called for a division which resulted as follows:

For the Motion: The Lord Mayor, Councillors G Boyd, A Buman, B Cook, B Luke and S Sharpe.

Against the Motion: Councillors S Claydon, M Jackson, M King, N Nelmes and M Osborne.

The Lord Mayor declared the Chairman’s ruling be upheld on the result of six votes to five votes.

RESOLVED: (The Lord Mayor)

Chairman’s ruling be upheld.

POINT OF ORDER

Councillor Nelmes raised a point of order in relation to the Foreshadowed Motion and that Councillor Crakanthorp had declared a non pecuniary, non significant interest due to his parents-in-law owning land adjacent to the Bullock Rail Corridor but he has not such interest on Part B which would not let him vote on Part B.

Councillor Nelmes stated that the HDC report is not just about transport. It was about very positive things such as moving the University to the City and how would such a topic have anything to do with Bullock Rail Corridor.

The Lord Mayor ruled on the Point of Order and declared that he did not uphold the Point of Order.

The Motion was put to the meeting and Councillor Osborne called for a division which resulted as follows:

For the Motion: Councillors S Claydon, M Jackson, N Nelmes and M Osborne.

Against the Motion: The Lord Mayor, Councillors G Boyd, A Buman, B Cook, M King, B Luke and S Sharpe.

The Lord Mayor declared the Motion defeated on the result of four votes to seven votes.


FORESHADOWED MOTION: (Councillors A Buman)

PART A

Newcastle City Council initiate relevant clarifications or amendment to environmental planning instruments associated with the possible future use of the former Bullock Island rail corridor in Wickham (referred to as the "Possible Future Transport Corridor" shown on the gazetted Wickham Redevelopment Area Map (sheet WRA - 001) of the Newcastle City Centre Local Environmental Plan 2008) to ensure that:

1 the instruments reflect the objective of the Wickham DCP for stronger pedestrian links between the residential area and Wickham Park

2 the corridor is developed in accordance with the Wickham DCP and is retained for future pedestrian-friendly, ecologically sustainable transport (such as rail trams, light rail and cycleways) development, and

3 the instruments specifically preclude future use of the corridor for major road or heavy rail development

PART B

Pursuant to council’s unanimous Motion on 2 December 2008 affirming our commitment to the revitalisation of the City centre as a key strategic priority, Council now resolves:

1 Council endorse the City Revitalisation recommendations of the Hunter Development Corporation Report “Newcastle City Centre Renewal – March 2009”,

2 The General Manager bring to Council a report detailing the items contained in the Corporation’s report which can be implemented by Council forthwith subject to funding provision;

3 The General Manager apply to the Major Cities Unit of the Australian Government for funding assistance to implement the recommendations of the Corporation’s report;

4 Council reaffirms its commitment to an integrated public transport system, including enhanced transport links to and from the City and the development of a modern transport interchange for future growth, and strongly advocates that the New South Wales Government endorses, plans for and fund the preferred transport options in the Corporation’s report in conjunction with the outcomes of Council’s Traffic and Transport Study including options for the Wickham Future Transport Corridor.

PROCEDURAL MOTION: (Councillor M Osborne)

The matter be dealt with in seriatim.

A show of hands was called for which resulted as follows:

For the Motion: 7

Against the Motion: 4

The Lord Mayor declared the Motion carried on the results of seven votes to four votes.

RESOLVED: (Councillor M Osborne)

The matter be dealt with in seriatim.

MOTION: (Councillors A Buman/B Luke)

PART A

Newcastle City Council initiate relevant clarifications or amendment to environmental planning instruments associated with the possible future use of the former Bullock Island rail corridor in Wickham (referred to as the "Possible Future Transport Corridor" shown on the gazetted Wickham Redevelopment Area Map (sheet WRA - 001) of the Newcastle City Centre Local Environmental Plan 2008) to ensure that:

1 the instruments reflect the objective of the Wickham DCP for stronger pedestrian links between the residential area and Wickham Park

2 the corridor is developed in accordance with the Wickham DCP and is retained for future pedestrian-friendly, ecologically sustainable transport (such as rail trams, light rail and cycleways) development, and

3 the instruments specifically preclude future use of the corridor for major road or heavy rail development

The Motion was put to the meeting and Councillor Osborne called for a division which resulted as follows:

For the Motion: The Lord Mayor, Councillors G Boyd, A Buman, S Claydon, M Jackson, M King, B Luke, N Nelmes, M Osborne and S Sharpe.

Against the Motion: Councillor B Cook.

The Lord Mayor declared the Motion carried on the result of ten votes to one votes.

RESOLVED: (Councillors A Buman/B Luke)

PART A

Newcastle City Council initiate relevant clarifications or amendment to environmental planning instruments associated with the possible future use of the former Bullock Island rail corridor in Wickham (referred to as the "Possible Future Transport Corridor" shown on the gazetted Wickham Redevelopment Area Map (sheet WRA - 001) of the Newcastle City Centre Local Environmental Plan 2008) to ensure that:

1 the instruments reflect the objective of the Wickham DCP for stronger pedestrian links between the residential area and Wickham Park

2 the corridor is developed in accordance with the Wickham DCP and is retained for future pedestrian-friendly, ecologically sustainable transport (such as rail trams, light rail and cycleways) development, and

3 the instruments specifically preclude future use of the corridor for major road or heavy rail development

Councillor Crakanthorp returned to the Council Chamber at this point.

MOTION: (Councillors A Buman/B Luke)

PART B

Pursuant to council’s unanimous Motion on 2 December 2008 affirming our commitment to the revitalisation of the City centre as a key strategic priority, Council now resolves:

1 Council endorse the City Revitalisation recommendations of the Hunter Development Corporation Report “Newcastle City Centre Renewal – March 2009”,

2 The General Manager bring to Council a report detailing the items contained in the Corporation’s report which can be implemented by Council forthwith subject to funding provision;

3 The General Manager apply to the Major Cities Unit of the Australian Government for funding assistance to implement the recommendations of the Corporation’s report;

4 Council reaffirms its commitment to an integrated public transport system, including enhanced transport links to and from the City and the development of a modern transport interchange for future growth, and strongly advocates that the New South Wales Government endorses, plans for and fund the preferred transport options in the Corporation’s report in conjunction with the outcomes of Council’s Traffic and Transport Study including options for the Wickham Future Transport Corridor.

Councillor Jackson moved a motion of dissent on the Lord Mayor’s ruling that Part B be considered.

The Chairman’s ruling be upheld.

A division was called and which resulted as follows:

For the Motion: The Lord Mayor, Councillors G Boyd, A Buman, B Cook, M King, B Luke and S Sharpe.

Against the Motion: Councillors S Claydon, T Crakanthorp, M Jackson, N Nelmes and M Osborne.

The Lord Mayor declared the Motion to uphold the Chairman’s ruling was carried on the result of seven votes to five votes.

PROCEDURAL MOTION: (Councillor N Nelmes)

Part B lie on the table.

The Motion was put to the meeting and Councillor Jackson called for a division which resulted as follows:

For the Motion: Councillors S Claydon, T Crakanthorp, M Jackson, N Nelmes and M Osborne.

Against the Motion: The Lord Mayor, Councillors G Boyd, A Buman, B Cook, M King, B Luke and S Sharpe.

The Lord Mayor declared the Motion defeated on the result of five votes to seven votes.

Following the discussion Councillors S Claydon, T Crakanthorp, M Jackson, N Nelmes and M Osborne left the Council Chamber.

The Lord Mayor put the Motion to the meeting and declared it carried.

RESOLVED: (Councillors A Buman/B Luke)

PART B

Pursuant to council’s unanimous Motion on 2 December 2008 affirming our commitment to the revitalisation of the City centre as a key strategic priority, Council now resolves:

1 Council endorse the City Revitalisation recommendations of the Hunter Development Corporation Report “Newcastle City Centre Renewal – March 2009”,

2 The General Manager bring to Council a report detailing the items contained in the Corporation’s report which can be implemented by Council forthwith subject to funding provision;

3 The General Manager apply to the Major Cities Unit of the Australian Government for funding assistance to implement the recommendations of the Corporation’s report;

4 Council reaffirms its commitment to an integrated public transport system, including enhanced transport links to and from the City and the development of a modern transport interchange for future growth, and strongly advocates that the New South Wales Government endorses, plans for and fund the preferred transport options in the Corporation’s report in conjunction with the outcomes of Council’s Traffic and Transport Study including options for the Wickham Future Transport Corridor.

Following this item Councillor Buman retired from the meeting at 9pm.