By Megan Gorrey
A town planner employed by Chinese developer iProsperity allegedly worked with Canada Bay mayor Angelo Tsirekas on changes to a draft council motion that sped up the company’s plans for a Sydney development.
David Furlong, a former Canada Bay council planning director, told an inquiry the changes would mean councillors considered iProsperity’s proposal to build an apartment tower at the same time development giant Billbergia’s more advanced plans for a nearby site in the Rhodes Station Precinct near Sydney Olympic Park.
The NSW Independent Commission Against Corruption has been investigating claims Tsirekas, a former state and federal Labor candidate, accepted perks from developers, including iProsperity, in return for favourable planning decisions since 2012.
The ICAC will also examine whether Tsirekas “partially exercised his official functions” to favour the interests of development giant Billbergia, construction company Prolet and consultant Joseph Chidiac in planning matters since 2012. He’s also alleged to have deliberately failed to declare or manage related conflicts of interest.
Furlong was called to give evidence to the ICAC investigation in his role as a private town planner who iProsperity hired to work on its proposed residential development at Rhodes.
In 2016, the company submitted a planning proposal to allow the construction of a 46-storey tower comprising 400 units on part of the site. The proposed building height of 127 metres was well above the then-limit of 23 metres.
Furlong alleged Tsirekas sent him a draft notice of motion, prepared by Labor councillor Neil Kenzler, that would have progressed Billbergia’s plans for a site next to iProsperity’s land. The motion was to be debated at an upcoming council meeting.
Furlong said he spoke to Tsirekas about making changes to the draft motion to ensure iProsperity’s tower proposal was included in a council investigation of the planning merits of an “uplift” in floor space at the site.
“I probably would have rung the mayor and said, I’ve got a proposition to go with the item with Billbergia,” Furlong said.
“We’re next door, can we be considered in the same manner in terms of progressing our planning proposal?”
The inquiry heard iProsperity’s proposal had only been submitted seven days prior.
Furlong said Kenzler did not agree to amend the draft motion. Furlong said he had also spoken to representatives of Billbergia who were “initially a bit concerned, but when I made it clear we weren’t trying to hold them up, or jump the queue, we were just happy to go through the same steps, they were happy with it”.
Asked how Furlong’s actions fit within the scope of his role for iProsperity, Furlong said the proposals to allow bigger buildings on the land were similar, and it made “good sense” to deal with both sites in the same manner.
The amended resolution eventually passed council with Tsirekas’ support.
Under questioning from counsel assisting the commission Jamie Darams on Friday, Furlong accepted the changes to the draft council motion would have benefited iProsperity.
“We had the benefit, then, of a set of rules,” he said.
Hall put to Furlong: “We end up with a situation where a process that was initiated by Billbergia became the vehicle not just for Billbergia to have those matters considered, but it became a vehicle which also provided that opportunity or right to another company, iProsperity, in respect of different land to Billbergia’s land.
“This was a highly unusual process. It’s not common. You’ve never encountered this situation before in your life, I imagine?,” Hall said.
Furlong said he had encountered similar situations when he worked for council, but never as a private planner.
Darams played a series of audio recordings of Furlong speaking with Chidiac, an advisor to iProsperity, and Tsirekas about possible delays to the Rhodes project.
In one call, Furlong told Chidiac the company was “screwed over” by the council’s decision to refer the project to a local planning panel in December 2018. The pair discussed calling Tsirekas.
Darams suggested the call showed Chidiac was someone who could help Furlong get people from the council to call him if he wasn’t getting “a particular response”.
Furlong said he called Chidiac because he couldn’t get in contact with the mayor.
In another phone call about the proposal in early 2019, Furlong said the project “got caught up in this bullshit about ministerial directions” and “ridiculous bureaucracy”.
Chidiac replied: “When you get a chance, have a chat to AT. You just don’t want to get ambushed.”
Furlong responded: “Don’t forget who the local member’s town planner is.”
Furlong said those comments were “just me being silly to Joe [Chidiac]” because he had worked on a development application for Drummoyne MP John Sidoti.
Tsirekas has taken personal leave from the council. He previously said he would defend the allegations.
The inquiry continues.
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