Call for Public Enquiry into Operations of Lane Cove Council

Call for Public Enquiry into Operations of Lane Cove Council

Sign

A petition calling for,

  1. Public Enquiry into the operations of Lane Cove Council pursuant to Section 438U  of  The Local Government Act 1993
  2. An Investigation into Lane Cove Council operations pursuant to Section 430 of The Local Government Act 1993

Our story

We are residents and ratepayers of Lane Cove Municipality.

We have made many oral and written submissions to Lane Cove Council in relation to the various matters set out in the schedule of matters listed below.

However, we have come to hold the view that Council is not listening to the properly expressed and valid opinions of its residents and ratepayers as regards many issues that relate to the day to workings of council and about Councils’ finances.

We believe Council and Councillors have an obligation to listen to its residents and ratepayers, pursuant to Sections 7, 232, and 402 of the Local Government Act (LGA) as well as the Council’s Community Engagement Policy.

This amounts to:

  1. A systemic and serious deficiency in Council’s function and operations and,
  2. Serious non-compliance with the LGA and regulations set out below.

The Local Government Act and Council Policies

According to the LGA and Council’s Community Engagement Policy, engagement with the community should be both informative and a genuinely consultative process.

The LGA states at:

  • Section 7, that the Council’s purpose is to provide a system of Government that is accountable to the community.
  • Section 232.(1) that the role of a Councillor is:

    • d) to represent the collective interests of residents, ratepayers, and the local community,

    e) to facilitate communication between the local community and the governing body.

  • Section 232.(2) A councillor is accountable to the local community for the performance of the council.
  • Section 402 that the Council must establish a “Community Engagement Policy”.

Lane Cove Councils’ Community Engagement Policy at 4. 2 states:

“Council is committed to conducting quality community engagement that contributes to efficient, effective, and equitable dialogue between the community and Council.”

Under sect.430 of the LGA, the Departmental Chief Executive has the power to carry out investigations into council operations. This power is generally only used if council’s conduct is having a serious impact on the local community.

Under sect 438U, the Governor or Minister for Local Government has the power to appoint a person as commissioner to conduct a public inquiry into a council. The Minister may also order an inquiry at any time as a result of a sect 430 investigation.

We are of the view, for the following reasons, that Lane Cove Council’s conduct is having a serious impact on our community and as such warrant both a sect. 430 Investigation and a sect 438U Public Inquiry.

Our experience

Residents and ratepayers have expressed their concern about engagement with Council on various issues and policies that directly impact them with no result. Some members of the community are expressing the view, it is pointless to engage with the Council at all.

There is a track record on significant matters impacting our community where Council has undertaken the process merely to say that a consultation process had occurred. Decisions have been made by Council before those affected hear about it denying them their right to express their concerns and objections.

Schedule of matters

Recent events involving the numerous matters set out below have raised concern amongst the community and have led to this petition. These include significant community opposition to the following matters:

  • Building high density units on open space recreation land, and the loss of a community centre and  native habitat at 266 Longueville Road.
  • The assignment of $81M development without a tender process or appropriate transparency and due deligence, at 266 Longueville Road
  • Failure to properly and adequately disclose all documents via GIPA  relating to the 99-year lease at 266 Longueville Road.
  • The removal of height constraints imposed in May 2020 by the Sydney North Planning Panel for the above development at 266 Longueville Road.
  • The loss of open space and native habitat at the Lane Cove Golf Course.
  • The commitment to a $75 million sport and recreation facility at River Road. A site which was once a tip for over 30 years and may contain toxic chemicals.
  • Traffic Issues: The proposed closure of Canberra Avenue despite substantial community opposition and half of the elected Council.
  • Council becoming involved in financial projects where it has been left with significant liability for rectification of a major building at Pottery Lane and whether Council Administrators carried out their statutory duties as to proper and timely disclosure towards Councillors as to when such liability arose.
  • Questions and issues as to the integrity, accuracy and completeness of the 2022-2023 Long Term Financial Plan, which is a key input to determining whether the Sport and Recreational Facility is feasible and whether Council Administrators have carried out their statutory duty as to the provision of proper and accurate records
  • Council officials withholding critical and relevant information from Councillors
    • in relation to 266 Longueville Road
    • with the rectification orders for Pottery Lane
    • with the matters with backyard pool safety inspections
    • with the cost of other major upgrade works and the construction of the sport and recreation facility at the golf course.
  • Shutting down the Commissioner Eric Armstrong public hearing process ( Rpt dated 10 March 2014) on rezoning 266 Longueville Rd from community land to operational land (Ref: Minutes of council meeting dated 17 March 2014).
  • The Abuse of Conventions and Precedent involving the excessive use of casting vote exercised by the mayor on:  
    • Major projects such as the $75 sport and recreation facility.
    • The proposed closure of Canberra Avenue despite substantial community opposition and half of the elected Council.
    • Six occasions at the Council meeting on 19 October 2023.

 

Note: You can include your individual issues in the "personal message" field, which will be included in the submission.

Please email [email protected] for any further details.

A petition calling for,

  1. Public Enquiry into the operations of Lane Cove Council pursuant to Section 438U  of  The Local Government Act 1993
  2. An Investigation into Lane Cove Council operations pursuant to Section 430 of The Local Government Act 1993

Our story

We are residents and ratepayers of Lane Cove Municipality.

We have made many oral and written submissions to Lane Cove Council in relation to the various matters set out in the schedule of matters listed below.

However, we have come to hold the view that Council is not listening to the properly expressed and valid opinions of its residents and ratepayers as regards many issues that relate to the day to workings of council and about Councils’ finances.

We believe Council and Councillors have an obligation to listen to its residents and ratepayers, pursuant to Sections 7, 232, and 402 of the Local Government Act (LGA) as well as the Council’s Community Engagement Policy.

This amounts to:

  1. A systemic and serious deficiency in Council’s function and operations and,
  2. Serious non-compliance with the LGA and regulations set out below.

The Local Government Act and Council Policies

According to the LGA and Council’s Community Engagement Policy, engagement with the community should be both informative and a genuinely consultative process.

The LGA states at:

  • Section 7, that the Council’s purpose is to provide a system of Government that is accountable to the community.
  • Section 232.(1) that the role of a Councillor is:

    • d) to represent the collective interests of residents, ratepayers, and the local community,

    e) to facilitate communication between the local community and the governing body.

  • Section 232.(2) A councillor is accountable to the local community for the performance of the council.
  • Section 402 that the Council must establish a “Community Engagement Policy”.

Lane Cove Councils’ Community Engagement Policy at 4. 2 states:

“Council is committed to conducting quality community engagement that contributes to efficient, effective, and equitable dialogue between the community and Council.”

Under sect.430 of the LGA, the Departmental Chief Executive has the power to carry out investigations into council operations. This power is generally only used if council’s conduct is having a serious impact on the local community.

Under sect 438U, the Governor or Minister for Local Government has the power to appoint a person as commissioner to conduct a public inquiry into a council. The Minister may also order an inquiry at any time as a result of a sect 430 investigation.

We are of the view, for the following reasons, that Lane Cove Council’s conduct is having a serious impact on our community and as such warrant both a sect. 430 Investigation and a sect 438U Public Inquiry.

Our experience

Residents and ratepayers have expressed their concern about engagement with Council on various issues and policies that directly impact them with no result. Some members of the community are expressing the view, it is pointless to engage with the Council at all.

There is a track record on significant matters impacting our community where Council has undertaken the process merely to say that a consultation process had occurred. Decisions have been made by Council before those affected hear about it denying them their right to express their concerns and objections.

Schedule of matters

Recent events involving the numerous matters set out below have raised concern amongst the community and have led to this petition. These include significant community opposition to the following matters:

  • Building high density units on open space recreation land, and the loss of a community centre and  native habitat at 266 Longueville Road.
  • The assignment of $81M development without a tender process or appropriate transparency and due deligence, at 266 Longueville Road
  • Failure to properly and adequately disclose all documents via GIPA  relating to the 99-year lease at 266 Longueville Road.
  • The removal of height constraints imposed in May 2020 by the Sydney North Planning Panel for the above development at 266 Longueville Road.
  • The loss of open space and native habitat at the Lane Cove Golf Course.
  • The commitment to a $75 million sport and recreation facility at River Road. A site which was once a tip for over 30 years and may contain toxic chemicals.
  • Traffic Issues: The proposed closure of Canberra Avenue despite substantial community opposition and half of the elected Council.
  • Council becoming involved in financial projects where it has been left with significant liability for rectification of a major building at Pottery Lane and whether Council Administrators carried out their statutory duties as to proper and timely disclosure towards Councillors as to when such liability arose.
  • Questions and issues as to the integrity, accuracy and completeness of the 2022-2023 Long Term Financial Plan, which is a key input to determining whether the Sport and Recreational Facility is feasible and whether Council Administrators have carried out their statutory duty as to the provision of proper and accurate records
  • Council officials withholding critical and relevant information from Councillors
    • in relation to 266 Longueville Road
    • with the rectification orders for Pottery Lane
    • with the matters with backyard pool safety inspections
    • with the cost of other major upgrade works and the construction of the sport and recreation facility at the golf course.
  • Shutting down the Commissioner Eric Armstrong public hearing process ( Rpt dated 10 March 2014) on rezoning 266 Longueville Rd from community land to operational land (Ref: Minutes of council meeting dated 17 March 2014).
  • The Abuse of Conventions and Precedent involving the excessive use of casting vote exercised by the mayor on:  
    • Major projects such as the $75 sport and recreation facility.
    • The proposed closure of Canberra Avenue despite substantial community opposition and half of the elected Council.
    • Six occasions at the Council meeting on 19 October 2023.

 

Note: You can include your individual issues in the "personal message" field, which will be included in the submission.

Please email [email protected] for any further details.

Public Enquiry into operations of Lane Cove Council

Given the above matters which are of major concern to the community of Lane Cove Municipality we the undersigned request a Public Inquiry and an Investigation pursuant to the powers available under the Local Government Act 1993 into the operations of Lane Cove Council.

How we use the data you enter on this form

Do Gooder (the advocacy platform powering this online action) processes personal information from you that you enter on this form so that we can provide the functions and related services to you and The Campaigner (the organisation responsible for this online action) for their legitimate purposes, including possibly exporting it to other systems, and to effectively respond to enquiries and communications related to those services.

Specifically when you enter:

  • Your location data (residential address or postcode) it is used to locate your elected representative, to pre-populate your email signature and to provide The Campaigner with a visualisation of the location of the support for this campaign.

  • All other data you may enter, including your email address, name, telephone number, commentary and so on is used by The Campaigner to advocate for the campaign’s goals and where required may be sent to the target of the campaign.

The data collected by Do Gooder is also used by us in aggregate form to improve the service and may be held on your behalf outside your country of residence by our third party service providers. These providers are bound by contract to only use personal information on our behalf, in accordance with agreed terms. While the privacy laws of the country in which personal information is stored or transferred may be different from those in your country, we will always have safeguards in place when storing or transferring personal information. We will never sell, rent, loan or in any other way pass your information on to other parties other than to provide this service to you and The Campaigner.

The personal information collected by Do Gooder is held subject to a Data Processing Agreement between Do Gooder and The Campaigner in compliance with the EU's GDPR and Australian law.

Learn more about our privacy policy here

How is my data used?