ICAC has adjourned for today with witnesses set to return from Monday afternoon. You can read the latest from day four's proceedings in the Saturday Daily Telegraph.
ICAC: Canada Bay Mayor Angelo Tsirekas, planner worked to fast-track council review of skyscraper
A former council planner has told ICAC he worked with a Sydney Mayor, who was being ‘rewarded’ by a developer with overseas trips, to fast-track a plan for high-rise towers in the inner west.
A town planner and former council planning director — who was hired by Chinese development firm iProsperity — told ICAC he worked with Canada Bay Mayor Angelo Tsirekas to accelerate a newly submitted planning proposal for a series of multimillion-dollar high-rise towers to the front of the planning queue in a move described as “unusual”.
The ICAC is probing allegations Cr Tsirekas partially exercised his official functions to favour the interests of Billbergia, Prolet Pty, iProsperity and contractor Joseph Chidiac, as well as
allegations he accepted benefits, including overseas flights and accommodation, as a reward for favouring iProsperity’s planning interests.
On day three of the hearing, former Canada Bay Council Planning Director David Furlong told the NSW ICAC he was tipped off by Cr Tsirekas that a neighbouring property development by Billbergia for the Rhodes State Precinct would be considered by his former council at a May 2016 meeting as part of a notice of motion by councillor Neil Kenzler.
Cr Kenzler’s motion did not include the assessment of the planning proposal by iProsperity for the corner of Marquet and Mary streets, Rhodes, which was only submitted seven days earlier.
However, emails tendered to ICAC reveal Mr Furlong and Cr Tsirekas worked to develop an amended notice of motion to include the five lots controlled by iProsperity when investigating the planning merits of the Billbergia development.
Mr Furlong told ICAC chief commissioner Peter Hall that Billbergia had worked with council for up to three years on their Station Precinct planning proposal at Rhodes before he and the mayor amended a notice of motion to include the week-old iProsperity proposal in planning merit investigations.
“I told (Cr Kenzler) I had (his notice of motion),” Mr Furlong said. “I told him the mayor had provided it to me, I told him why and … I asked him would he be willing to include a paragraph that basically said that the iProsperity site and its planning proposal be treated in the same procedural manner, rigour that was being applied to the Billbergia land.”
When asked by chief commissioner Peter Hall if this was an unusual situation, Mr Fulong said it was “not something that would happen regularly” before telling the ICAC he had never worked with a councillor to amend a notice of motion that he had been employed to work on.
Mr Furlong refuted claims the amended motion to council would “benefit” his employer, however, when asked by counsel assisting the ICAC Jamie Darams if the move with the Canada Bay Mayor was “in the interests” of iProsperity, Mr Furlong said: “Yes”.
Mr Darams revealed to ICAC that Cr Kenzler refused a request made to him by Mr Fulong to amend the motion to include iProsperity in a planning merit investigation several times, resulting in Mr Furlong turning to his long-time friend, Cr Tsirekas to move the motion the private town planner had revised.
The amended notice of motion, which was later approved by council at the meeting, saw the iProsperity planning proposal investigated for planning merits — just seven days after it was submitted — alongside the Billbergia planning proposal three years in the making.
“I thought it was a reasonable proposition that my client get the certainty of being treated the same way by the council,” Mr Furlong told ICAC. “Simple as that.
“And I spoke that night at the council (in support of the amended motion).”
Mr Furlong agreed that the neighbouring Billbergia development was “well advanced” ahead of iProsperity with development approvals and Gateway determinations.
On Thursday ICAC also heard Mr Furlong had “assisted” Cr Tsirekas’ partner, Heather Crichton, on the development application for the extension of her semi-detached home — and did not charge her for his town planning services.
“I didn’t think that the application was being dealt with fairly. In fact, I thought Ms Crighton as the applicant was being treated unfairly because of her relationship with the mayor and it should never have come to this,” he said. “Through my practice, I’ve often assisted people, people have often been referred to me in circumstances like this – I don’t think it’s fair to charge them.”
Mr Furlong said he had known the mayor since 1997.
Mr Furlong was a Government-appointed member of the NSW Planning Assessment Commission and the Sydney East Joint Regional Planning Panel and has worked as Principal of Plan Urban Services for 18 years. Mr Furlong also held roles at Ashfield and Blacktown City Councils.
Cr Tsirekas is yet to give evidence at the ICAC.
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Updates
Tapped calls show request for mayor to convince GM on Rhodes DA
Phone calls between town planner David Furlong and contractor Joseph Chidiac, tapped by ICAC in December 2019, reveal they were planning to call on Mayor Angelo Tsirekas to stop then chief executive Peter Gainford from forcing a "six-to-eight week delay" by sending the Rhodes planning proposal to the local planning panel.
In the phone call, Mr Furlong said he believed iProsperity was being "screwed over" by council by forcing the Marquet St, Rhodes development to be assessed by the local planning panel.
Counsel assisting ICAC argued the town planner wanted to use the mayor to "move things along by getting into the ear of council … if you hit a roadblock".
"You expected that (council) would do what the mayor asked them to," Mr Darams said. "You expected Mr Chidiac would be able to get the mayor to do something, he might have more success than you."
Following further text messages tendered to ICAC, Mr Furlong said he "needed some assistance" from the mayor to sort out an issue of delaying the planning proposal for iProsperity.
Dinners between mayor, developer didn't ring alarm bells
Town planner David Furlong also argued to ICAC he had no reason to assume that the mayor has a "special interest" in the iProsperity Planning Proposal.
"There was nothing that rang big bells in my head"," Mr Furlong said. "After the May 2018 dinner, it appeared that the association was more than just a casual meeting in a hotel lobby (between iProsperity and Cr Tsirekas).
"There was obviously some sort of association, they all knew one another and I didn't think any more about it."
Mr Furlong said he believed he had only ever attended one dinner with Cr Tsirekas, Mr Chidiac, and iProsperity directors at Golden Century in May, 2018.
However, text messages from Mr Furlong to Ms Li and Cr Tsirekas in November 2017 show he arranged to meet with them at the Sahara Restaurant in Burwood.
Mr Furlong told ICAC they "did not have dinner" and met in a private room above the restaurant.
Further messages between David Furlong and Belinda Li are alleged to have shown she organised dinner at a "very special Chinese restaurant" with Canada Bay Mayor Angelo Tsirekas and Mr Furlong in May, 2016.
Mr Furlong said he had no recollection of meeting with the mayor and the iProsperity director in May, 2016. However, Mr Darams tendered an image and text messages sent by Ms Li to Mr Furlong for reservations at Master Ken's Seafood Restaurant in Dixon St, Sydney in May, 2016.
Planner claims he had 'no idea' Mayor's friend was a paid contractor
Mr Furlong repeatedly told ICAC he had 'no idea' Joseph Chidiac worked for iProsperity. However, the town planner was then shown group text exchanges, tendered in ICAC, between he and other iProsperity contractors, including Joseph Chidiac and director Belinda Li.
"(Joseph Chidiac) didn't come to any meetings," Mr Furlong said. "I didn't need his input to seek any meetings with council staff."
Counsel representing Mr Tsirekas argued Mr Furlong would have not been aware that Mr Chidiac was included in the group text messages as the messages were not in a message application such as WeChat or WhatsApp.
Counsel assisting ICAC Jamie Darams also tendered further group text messages from May 9, 2017, between Ms Li, Joseph Chidiac, and David Furlong calling for a meeting with council planners.
Mr Darams tendered messages between Mr Furlong and Belinda Li, referencing the fact that Joseph Chidiac had organised meetings with council planning representatives.
Mr Darams suggested the town planner did know that Mr Chidiac was involved in the iProsperity planning proposal, before tendering further messages regarding a meeting on August 17, 2016 between Mr Furlong, Ms Li, Mr Chidiac, and Mayor Angelo Tsirekas.
"You would have read this message from Ms Li, we have an accumulation of text messages from Ms Li involving Mr Chidiac in the Rhodes Development," Mr Darams said.
'iProsperity planner lobbied councillors after personally amending council motion': ICAC
Former council planning director turned private planner, David Furlong, has told ICAC he called for Canada Bay councillors to add iProsperity's seven-day-old planning proposal into 'planning merit investigations' of a three-year-old Billbergia planning proposal for the Station Precinct at Rhodes.
However, ICAC has heard Mr Furlong had already personally amended a notice of motion and sent it to Canada Bay Mayor Angelo Tsirekas to raise as an alternative resolution earlier in the day.
"During my address to the council, I would have suggested or requested that the council considered the inclusion of additional paragraphs (supporting iProsperity)," Mr Furlong said. "And at some point, that amended draft would have been put on screen."
Chief commissioner questions planner over move to fast-track planning proposal
ICAC chief commissioner Peter Hall has suggested iProsperity "utilised" the consideration of a three-year-old planning proposal by Billbergia for the Rhodes Station Precinct site for the benefit for the Chinese property development firm.
The chief commissioner questioned Mr Furlong as to whether there was an opportunity or advantage for iProsperity.
"The opportunity then opened the door for submissions to be made on behalf of iProsperity," the commissioner said. "We end up wth a process that was initiated and related to Billbergia in respect to its land, became the vehicle … for iProsperity."
Mr Furlong said that he was "seeking to apply the same process to an additional location (for another entity)".
"We had the benefit of a set of rules," he said. "It would have been more difficult (if iProsperity was not included in the notice of motion)."
Mr Furlong said there was a potential "time saving" for iProsperity's planning proposal.
Mr Furlong's ammended notice of motion also called for council to write to the owner of 1 Marquet St, Rhodes to ask what it would do with the land. During this time, iProsperity was vying to purchase the additional lot from the private owner.
Counsel assisting ICAC, Jamie Darams questioned if iProsperity's failure to purchase 1 Marquet St, Rhodes at the time would have negatively impacted the developer's planning proposal.
Mr Furlong agreed that the failure would have "caused issues" for iProsperity.
Text messages between iProsperity director Belinda Li and town planner David Furlong allegedly show Canada Bay Council Planning Director Tony McNamara said the council would not support the planning proposal, unless iProsperity owned all six sites.
Mr Darams suggested Mr Fulong's amended notice of motion worked to 'inject' council into the acquisition process of 1 Marquet St, Rhodes on behalf of iProsperity. Mr Furlong said that "was not my intention".
Mr Fulong told the ICAC chief commissioner Tony McNamara was wrong for suggesting the proposal would not go ahead without the acquisition of 1 Marquet St, Rhodes.
Mr Furlong said he only sent the revised notice of motion to Mayor Angelo Tsirekas, rather than the mover of the motion, Cr Kenzler, the Planning Director, or other councillors.
Day four sees iProsperity planner return for questioning
Good morning, and welcome to The Daily Telegraph's live blog from ICAC's Operation Tosola.
This morning, former Canada Bay Council Planning Director turned private town planner, David Furlong, will return to the witness box at 10am to face more questions by counsel assisting ICAC, Jamie Darams.
If questioning runs to schedule, Canada Bay Council Statutory Planning Manager Narelle Butler will also take to the stand this afternoon.
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