Agenda of Ordinary Meeting of Council

Ordinary Meeting of Council

TO BE HELD ON Tuesday, 27 February 2018 AT 7:00 pm

Level 3, Council Chamber

Agenda

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NOTE: For Full Details, See Council’s Website –

www.kmc.nsw.gov.au under the link to business papers

APOLOGIEs

DECLARATIONS OF INTEREST

Address the Council

NOTE:

Persons who address the Council should be aware that their address will be recorded on the official audio recording of this meeting.

Documents Circulated to Councillors

CONFIRMATION OF MINUTEs

Minutes of Ordinary Meeting of Council 11

File: S02131

Meeting held 6 February 2018

Minutes numbered 01 to 20

minutes from the Mayor

MM.1 2018 Australia Day Honours and Citizen of the Year Awards 25

File: S11591

I am pleased to inform you that four Ku-ring-gai citizens, through their outstanding achievements and services to the community, have been awarded 2018 Australia Day Honours.

We are very proud to have these dedicated and talented Australians as members of the Ku-ring-gai community.

I would like to read to you the names of these special Ku-ring-gai citizens and, on behalf of Council, congratulate them on their excellent contributions to Australian society.

The late Dr Harold Clive CHAMPION OAM of St Ives, for service to dental education

Dr David Christopher HUNT OAM of Wahroonga, for service to education, and to mathematics

Peter Joseph JANSSEN OAM of Lindfield, for service to conservation and the environment

Christopher Leslie RUSSELL AM of North Turramurra, for significant service to agricultural science and technology through advisory, developmental and research roles, and as a mentor and innovator

I also congratulate Ku-ring-gai Citizen of the Year winners for 2018:

Citizen of the Year - Peter Kirkwood

Young Citizen of the Year - Hannah Burn

Outstanding Service to the Community (Individual) - Jo-Anne Perry

Outstanding Service to the Community (Individual) - Richard Babb

Outstanding Service to the Community (Group) - Ku-ring-gai Neighbourhood Centre

On behalf of Council, I congratulate all these award winners on their outstanding achievements.

Ku-ring-gai should be proud that it has citizens being recognised at the highest level for their selfless dedication, commitment and contribution to local, national and international communities.

MM.2 Hornsby Ku-ring-gai Women's Shelter 27

File: S08654

On the occasion of its third anniversary, I write to inform our community and my Councillor colleagues of the positive and powerful impacts the Hornsby Ku-ring-gai Women’s Shelter is making in the local area.

As Patron of the Hornsby Ku-ring-gai Women’s Shelter, it gives me a great deal of pride to say that since opening in February 2015, 231 women in need of crisis accommodation have successfully passed through its doors and been given safe refuge.

Over 70% of these women needed the shelter’s help due to domestic violence. The remainder were homeless.

It equally gives me no pride to say that last year there were 263 domestic violence assaults recorded in the Hornsby and Ku-ring-gai council areas. This figure comes from the NSW Bureau of Crime Statistics & Research Crime Statistics Report for July 2016 to June 2017.

Domestic violence is the fastest growing violent crime in Australia and we must do everything possible to stop it.

As a community, we must face the unpalatable fact that domestic violence is happening in Ku-ring-gai, quite possibly in a street where we live. Affluence or social status offer no protection for women in this situation.

The Women’s Shelter’s own statistics from the last three years state that they saw around 700 women affected by domestic violence and were unable to grant them refuge due to no beds being available.

Nonetheless, since 2015 the Shelter has been able to broaden its support for women transitioning out of domestic violence situations.

A Shelter Manager coordinates efforts to find women places to live, work and study as they rebuild their lives.

The Shelter now has a transitional house to ease the stress of finding accommodation for clients as their maximum three month stay draws to a close.

There is an outreach program to support former clients, helping to constantly keep them on track to a new life. A Shelter caseworker also attends Hornsby Court to support women in legal cases against their former partners, which can be a very stressful experience.

I take this opportunity to thank the many individuals, businesses, churches, sporting clubs and other community organisations for their continuing support of the Shelter, and without whom these additional services would not be possible.

Support can be given in the form of fully tax deductible donations that will be devoted to helping women in crisis situations.

Please visit the Shelter’s website at www.hkws.org.au to find out more about the vital work the staff and volunteers are undertaking there and how our community can help.

MM.3 Vale Gordon George Drummond OAM 29

File: CY00455/6

It is my sad duty to inform my Councillor colleagues and the Ku-ring-gai community of the passing of an esteemed local resident, Gordon George Drummond, who was 88. His lifetime career was at the Bank of New South Wales (now Westpac) where his passion for excellence as a senior auditor earned him the nickname “Bulldog”.

Part of the order of service at his funeral last week was titled ‘A Life Well Lived’. I cannot think of a better epitaph for a man who gave more than 50 years voluntary service to a host of community organisations in the Ku-ring-gai area.

In 1960 he was ordained an Elder of the Presbyterian Church of Australia, which heralded the start of his lifelong commitment to the Combined Churches of Ku-ring-gai. He was one of the sustained driving forces behind Carols in the Park, our community’s much-loved Christmas event, delivered by the Combined Churches in collaboration with Council - and Gordon’s involvement dated back to the 1970s. He participated in the event’s relocation to Bicentennial Park at West Pymble in 1988 as part of local Bicentenary celebrations and his active contribution to Carols in the Park was sustained to the end of his life, in spite of advancing years.

Gordon gave his time freely to a range of other community organisations. These included Gordon Soccer Club, Gordon East Public School, Gordon District Guides Association and St Andrew’s Presbyterian Church at St Ives.

One of his passions was animal welfare. Gordon volunteered for more than 20 years at the Animal Welfare League and between 1971 and 1976 was the association’s President. Between 1989 and 1995 he was also a board member at the Zoological Park Board of NSW.

In 1993 Gordon was awarded the Order of Australia Medal in recognition of his volunteering service and, in 2008, our then Mayor bestowed on Gordon a Mayoral Award for his volunteer work in Ku-ring-gai.

With the death of his adored wife Joy, Gordon had to adapt to living alone. However, he and his many friends could often be found chatting enthusiastically at a local café in Gordon.

Up to the end, Gordon retained his zest for life and he will be sorely missed by his close family, including son Andrew and daughter Elizabeth, grandchildren Rebecca, Christopher, John, Alexandra and Michael, his friends and fellow volunteers in our treasured Ku-ring-gai community.

On behalf of us all at Ku-ring-gai Council, I extend my sincere condolences to Gordon’s family and friends. Well done, good and faithful servant. May he rest in peace.

Petitions

GENERAL BUSINESS

i. The Mayor to invite Councillors to nominate any item(s) on the Agenda that they wish to have a site inspection.

ii. The Mayor to invite Councillors to nominate any item(s) on the Agenda that they wish to adopt in accordance with the officer’s recommendation allowing for minor changes without debate.

GB.1 2017 - 2018 Budget Review - 2nd Quarter ended December 2017 31

File: S09112/7

To inform of the results of the second quarter budget review of 2017/18 and proposed adjustments to the annual budget based on the actual financial performance and trend for the period 1 July 2017 to 31 December 2017.

Recommendation:

That the December 2017 Quarterly Budget Review and the recommended changes are received and noted.

GB.2 Investment Report as at 31 January 2018 47

File: S05273

To present Council’s investment portfolio performance for January 2018.

Recommendation:

That the summary of investments performance for January 2018 be received and noted; and that the Certificate of the Responsible Accounting Officer be noted and report adopted.

GB.3 Analysis of Land and Environment Court Costs - 2nd Quarter 2017 to 2018 54

File: S05273

To report legal costs in relation to development control matters in the Land and Environment Court for the quarter ended 31 December 2017.

Recommendation:

That the analysis of Land and Environment Court costs for the quarter ended 31 December 2017 be received and noted.

GB.4 Gordon Centre Lot 21 DP 732238 No.802 - 808 Pacific Highway and Gordon Arcade Lot 1 DP 439594 No.767 Pacific Highway Gordon Fire Safety Concern Referred by Fire & Rescue NSW 61

File: CY00070/10

Section 121ZD(2) of the Environmental Planning and Assessment Act 1979, requires the Commissioner of NSW Fire Brigade to supply Council with the findings of any inspection carried out in the Council area. The Act then requires that the findings of any inspection report be tabled at a meeting of the full Council to determine whether to issue a fire safety improvement Order. The findings of an inspection by Fire & Rescue New South Wales of the shopping centre, Gordon Centre and Gordon Arcade at 767 and 802 - 808 Pacific Highway, Gordon, revealed fire protection measures were not adequate and not adequately maintained. The purpose of this report therefore is to seek Council’s endorsement to serve appropriate orders.

Recommendation:

THAT:

A. Council, pursuant to Section 121ZD(2) of the Environmental Planning and Assessment Act 1979 (the Act) to give Order 6 in the Table to Section 121(B) of the Act on the owners of the premises at 802-808 Pacific Highway Gordon and 767 Pacific Highway Gordon, to ensure the safety of the occupants of the building and integrity of the structure and in this regard grant delegated authority to the Director of Development and Regulation on receiving fire safety audits from the owners of both premises, to give further in relation to both buildings.

B. That notice of the determination in A above be given to the Commissioner of New South Wales Fire Brigades pursuant to Section 121ZD(4) of the Act.

GB.5 Post Office Lane Voluntary Planning Agreement - 1017 Pacific Highway Pymble 67

File: S11423

To report back following the exhibition of the Draft Planning Agreement for 1017 Pacific Highway, Pymble

Recommendation:

That Council resolves to enter into the Planning Agreement with Fortis Development (Pymble) Pty Ltd to facilitate the dedication of land for the purposes of widening Post Office Lane, Pymble.

GB.6 Fitzsimons Lane Voluntary Planning Agreement - 900 Pacific Highway Gordon 75

File: S10147

To report back following the exhibition of the Draft Planning Agreement for 900 Pacific Highway, Gordon.

Recommendation:

That Council resolves to enter into the Planning Agreement with Prestige Locations Pty Ltd to facilitate the dedication of land for the purposes of widening Fitzsimons Lane, Gordon.

GB.7 Fitzsimons Lane Voluntary Planning Agreement - 870-898 Pacific Highway Gordon 83

File: S10147

To report back following the exhibition of the Draft Planning Agreement for 870-898 Pacific Highway, Gordon.

Recommendation:

That Council resolves to enter into the Planning Agreement with Prime Gordon Pty Ltd to facilitate the dedication of land for the purposes of widening Fitzsimons Lane, Gordon.

GB.8 Delivery Program 2013-2017 and Operational Plan 2017-2018 Bi-Annual Report 91

File: FY00382/10

To report to Council on the progress of the Delivery Program 2013-2017 and Operational Plan 2017-2018, for the period July to December 2017.

Recommendation:

That the six (6) month progress review of the Delivery Program 2013-2017 and Operational Plan 2017-2018, for the period July to December 2017, be received and noted.

GB.9 Council Submission on Draft Greener Places Policy 99

File: S06522/11

For Council to consider a submission on Greener Places - establishing an urban Green Infrastructure Policy for New South Wales (Office of Government Architect NSW).

Recommendation:

That Council endorses this submission on Greener Places (Government Architect NSW).

GB.10 Dedication of Land for Public Road 75 Bobbin Head Road Turramurra 105

File: 88/05155/01-9

To seek Council approval to formally resolve the status of land adjacent to 75 Bobbin Head Road North Turramurra as public road.

Recommendation:

That Council formally gazette Lot 1 DP183217 as a public road in accordance with Section 10 Roads Act 1993.

GB.11 Gordon Litter Report 109

File: S02294

Litter Improvement Program – Gordon Town Centre.

Recommendation:

That Council receive and note this report.

Extra Reports Circulated to Meeting

Motions of which due Notice has been given

NM.1 Rooftop Community Gardens 115

File: CY00538/2

Notice of Motion from Councillor Ngai dated 9 February 2018

While some of our residents enjoy the conveniences of a high density residential lifestyle, it is not without its disadvantages.

When I grew up in Roseville, I played with neighbouring kids each afternoon in their backyards. Our parents and grandparents would share gardening tips. The community was close, everyone knew each other, and if any of us needed help we knew who to turn to.

This is not always the case with people living in high density residential. Their homes are small, many have no “backyard”, and their nearest local park may be 15 minutes’ walk away.

To compound these problems, although we are increasingly digitally connected, we are also increasingly physically disconnected from our neighbours and local community. Many residents that I have spoken to do not know their neighbours, and this may have a detrimental impact on community and mental health. It is difficult for people to look out for each other. I believe that as councillors, we need to create an environment that is favourable for our communities to thrive.

While the council does have a program of acquiring land for creating new local parks, it would be good if this can be complemented with better utilisation of high residential rooftop space. It would be good if the council can offer a range of incentives for developers to create rooftop community gardens. Somewhere for adults to relax, grow their vegetables or plants, compost their waste, and discreetly hang up their laundry while the children safely run around and play. Somewhere for neighbours to meet and to support each other.

These buildings will need to be designed to support the additional weight of gardens and/or solar panels. As such, incentives will more likely target new buildings than the retrofit of existing ones.

Perhaps there can be planning related guidelines and incentives for these developers. Or perhaps Ku-ring-gai Council can offer annual awards with categories such as best rooftop garden implementation.

I move that:

A. Council staff investigate various options to incentivise the building of rooftop community gardens.

B. These options be reported back to the councillors in six months’ time (or earlier) for further consideration.

NM.2 Selection process for the Lindfield Village Hub Reference Committee Community Representatives 117

File: S10078

Notice of Motion from Councillor Ngai dated 16 February 2018

Ku-ring-gai Council is currently seeking five representatives from the local community to participate in the Lindfield Village Hub Reference Committee, with applications closing on Wednesday 7 March 2018.

The role of the Committee is to provide advice to Council on community-related development outcomes such as communication with the community on the project, place making, environmental sustainability, planning and design outcomes, and service delivery.

To get the optimal outcome it is essential that the five chosen representatives come from a broad cross-section of our community. It is also preferred that these community representatives have a good understanding of the complexity of issues, and that they are also frequent visitors who understand the Lindfield shops and its surrounding areas.

However, to date there has been ambiguity as to the selection process for these five community representatives.

I move that:

A. After nominations close, all Councillors are to be confidentially provided a full list of the nominees as well as the full content of each of their nomination forms.

B. The General Manager provide a signed declaration to the Councillors that the list of nominees and full content of the nomination forms (from A, above) represents the entirety of all nominations received.

C. Council staff to recommend their preferred five nominees, along with a shortlist of the next five considered most suitable for the role.

D. Based on the information provided, Councillors to then choose the five community representatives.

NM.3 Widening of Killeaton Street and Burns Road, St Ives 119

File: 88/05627/01

Notice of Rescission from Councillors Smith, Szatow and Greenfield dated
19 February 2018

We, the undersigned, hereby move rescission of Parts B and C of Minute Number 13/18, Notice of Motion NM2 of the Ordinary Meeting of Council of 6 February 2018:

B. A report be done to provide options to increase the traffic flow of Killeaton Street/ Burns Road between Eastern Road and Link Road.

i. The report will cover but not limited to such options as road widening and traffic light phasing.

ii. The report be completed within 6 months.

C. The above notice of motion, as amended, be adopted.

Should the above rescission be resolved, we further intend to move:

A. That a preliminary assessment be conducted by staff to provide options to increase the traffic flow of Killeaton St/Burns Rd between Eastern Rd and Link Rd.

B. That staff’s recommendation come back to Council within three months.

BUSINESS WITHOUT NOTICE – SUBJECT TO CLAUSE 241 OF GENERAL REGULATIONS

Questions Without Notice

Inspections Committee – SETTING OF TIME, DATE AND RENDEZVOUS

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Minute Ku-ring-gai Council Page

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 6 February 2018

Present:

The Mayor, Councillor J Anderson (Chairperson)

Councillors J Pettett & C Clarke (Comenarra Ward)

Councillors C Szatow & P Kelly (Gordon Ward)

Councillors S Ngai (Roseville Ward)

Councillors D Citer & M Smith (St Ives Ward)

Councillors D Greenfield & C Spencer (Wahroonga Ward)

Staff Present:

General Manager (John McKee)

Director Corporate (David Marshall)

Director Development & Regulation (Michael Miocic)

Director Operations (George Bounassif)

Director Strategy & Environment (Andrew Watson)

Director Community (Janice Bevan)

Corporate Lawyer (Jamie Taylor)

Manager Corporate Communications (Virginia Leafe)

Manager Records and Governance (Amber Moloney)

Team Leader Regulation (Tony McCormack)

Minutes Secretary (Christine Dunand)

The Meeting commenced at 7:00 pm

The Mayor offered the Prayer

DECLARATIONS OF INTEREST

The Mayor adverted to the necessity for Councillors and staff to declare a Pecuniary Interest/Conflict of Interest in any item on the Business Paper.

No Interest was declared.

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/12

Resolved:

(Moved: Councillors Clarke/Citer)

That in accordance with the provisions of Section 10 of the Local Government Act 1993, all officers’ reports be released to the press and public, with the exception of confidential attachments to the following General Business reports:

GB.6 Renewal of Road Lease - Ravenswood School - Portion of Henry Street, Gordon

Attachment A2: Heads of Agreement

This attachment is classified confidential under section 10A(2)(d)(ii) because it could confer a commercial advantage on a competitor of the Council.

GB.7 Compulsory Acquisition of the substratum of public roads at Wahroonga for the NorthConnex Motorway

Attachment A3: Legal Advice

This attachment is classified confidential under section 10A(2)(c) acquisition and/or disposal - confer a commercial advantage.

CARRIED UNANIMOUSLY

Address the Council

The following members of the public addressed Council on items not on the agenda:

Janine Kitson Gordon Railway Station Upgrade Works

Max Menzies Suburb signs and streetscape

Margaret Davey Bushlands Avenue

DOCUMENTS CIRCULATED TO COUNCILLORS

The Mayor adverted to the documents circulated in the Councillors’ papers and advised that the following matters would be dealt with at the appropriate time during the meeting:

Late Councillors Information:

GB.7 Compulsory acquisition of the substratum of public roads at Wahroonga for the NorthConnex motorway

Memorandum from Director Strategy & Environment dated 1 February 2018 with maps showing substratum impact of the compulsory acquisition at Wahroonga.

GB.5 Reclassification of Council Land at 176 Mona Vale Road St Ives

Letter from NSW Transport Roads & Maritime Services with collated submissions

QN.1 Minute Number 336 Ordinary Meeting of Council 12 December 2017

Memorandum from Director Operations dated 6 February 2018 in response to a Question Without Notice from Councillor Greenfield regarding bus shelters on Bobbin Head Road.

CONFIRMATION OF MINUTEs

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 12 December 2017

Minutes numbered 308 to 339

Resolved:

(Moved: Councillors Clarke/Kelly)

That Minutes numbered 308 to 339 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

Minutes of Extraordinary Meeting

File: S02131

Meeting held 19 December 2017

Minutes numbered 01 to 02

Resolved:

(Moved: Councillors Clarke/Citer)

That Minutes numbered 02 to 02 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

PETITIONS

Irish Town Reserve Playground (Princes Lane Turramurra)

File: S03743

Vide: PT.1

Resolved:

(Moved: Councillors Spencer/Pettett)

Councillor Spencer tabled 165 additional signatures to a petition from the Turramurra Vet Hospital regarding the Irish Town Reserve playground (Princes Lane Turramurra).

A copy of the petition with the additional signatures was also received by council on 22 November 2017 and has been actioned by council staff.

The original petition containing 159 signatures was tabled at the Ordinary Meeting of Council 22 August 2017 item number PT.1 minute number OMC211.

CARRIED UNANIMOUSLY

GENERAL BUSINESS

Business Engagement Update

File: S09438

Vide: GB.1

To provide Council with an update on the Ku-ring-gai Council Business Engagement program delivered from March to December 2017.

Resolved:

(Moved: Councillors Citer/Pettett)

That Council receive and note this report

CARRIED UNANIMOUSLY

Investment Report as at 30 November 2017

File: S05273

Vide: GB.2

To present Council’s investment portfolio performance for November 2017.

Resolved:

(Moved: Councillors Citer/Clarke)

A. That the summary of investments and performance for November 2017 be received and noted.

B. That the Certificate of the Responsible Accounting Officer be noted and the report adopted.

CARRIED UNANIMOUSLY

Investment Report as at 31 December 2017

File: S05273

Vide: GB.3

To present Council’s investment portfolio performance for December 2017.

Resolved:

(Moved: Councillors Citer/Greenfield)

A. That the summary of investments and performance for December 2017 be received and noted.

B. That the Certificate of the Responsible Accounting Officer be noted and the report adopted.

CARRIED UNANIMOUSLY

Business Approved under Authority Delegated to the Mayor, Deputy Mayor and General Manager for the Christmas/New Year recess period 2017/2018

File: CY00259/10

Vide: GB.4

To inform Councillors of any business approved under delegated authority during the 2017/18 recess period.

Resolved:

(Moved: Councillors Citer/Greenfield)

That Council receives and notes the report.

CARRIED UNANIMOUSLY

Reclassification of Council Land at 176 Mona Vale Road St Ives

File: S11215

Vide: GB.5

To report on the Public Exhibition and Public Hearing into the proposed reclassification of Council land at 176 Mona Vale Road, St Ives from Community Land to Operational Land

Resolved:

(Moved: Councillors Citer/Clarke)

A. That Council adopts the Planning Proposal to amend the Ku-ring-gai Local Environmental Plan (Local Centres) 2012 reclassify Council owned land at 176 Mona Vale Road, St Ives , being Lot 103 in DP627012 & Lot 105 in DP629388.

B. That the Planning Proposal be submitted to the Department of Planning and Environment in accordance with Section 59 of the Environmental Planning and Assessment Act 1979, and the Greater Sydney Commission be requested to make the plan.

C. That those who made submissions be notified of Council’s decision.

D. That upon reclassification to Operational Land 176 Mona Vale Road, St Ives, being Lot 103 in DP627012 & Lot 105 in DP629388, a report to be brought back to Council advising on divestment of the site consistent with Council’s Acquisition and Divestment of Land Policy (June 2014).

CARRIED UNANIMOUSLY

Renewal of Road Lease - Ravenswood School - Portion of Henry Street, Gordon

File: 88/05532/01

Vide: GB.6

For Council to grant a further lease to the Uniting Church in Australia Property Trust (NSW) for and on behalf of, Ravenswood School for Girls over a portion of road reserve in Henry Street, Gordon for car parking purposes.

Resolved:

(Moved: Councillors Citer/Greenfield)

A. That Council approve the Lease between Council and the Uniting Church in Australia Property Trust (NSW) for and on behalf of the Ravenswood School for Girls over a portion of road reserve in Henry Street, Gordon.

B That public notification of the proposed lease is carried out in accordance with the provisions of Section 154 of the Roads Act 1993.

C. That the General Manager or his delegate be authorised to negotiate commercial terms to protect Council’s interests.

D. That the rent applied be based strictly on the valuation advice received from Council’s expert independent valuer.

E. That the Mayor and General Manager be authorised to execute all documentation associated with the Deed of Lease.

F. That the Council Seal be affixed to the Deed of Lease.

CARRIED UNANIMOUSLY

Compulsory Acquisition of the substratum of public roads at Wahroonga for the NorthConnex Motorway

File: S10082

Vide: GB.7

To advise Council of a Proposed Acquisition Notice (PAN) to compulsory acquire a stratum of public roads required for the NorthConnex Motorway.

Resolved:

(Moved: Councillors Citer/Clarke)

A. That Council notes that the Roads Maritime Services intends to compulsory acquire the substratum of land under specific local roads in Wahroonga.

B. That Council notes that the compulsory acquisition of the substratum of land under specific local roads in Wahroonga is without compensation.

CARRIED UNANIMOUSLY

Motions of which due Notice has been given

Parking restrictions in Ku-ring-gai

File: TM10/10

Vide: NM.1

Notice of Rescission from Councillors Spencer, Citer and Kelly dated 11 January 2018

At the Council meeting of 12 December 2017, Council resolved to adopt the Minutes of Ku-ring-gai Traffic Committee (RC.1):

A. That ‘No Parking – Motor Vehicles Excepted’ restrictions not be introduced in Ku-ring-gai Avenue and surrounding streets.

B. That Council provide ideas to the Member of Ku-ring-gai to consider in the Government’s proposal for expanding the current legislation for boat trailers to include all trailers.

Council has since become aware that the Traffic Committee was provided the incorrect information from the Roads & Maritime Service’s (RMS) representative.

Council was initially advised by the RMS that “No Parking Motor Vehicles Excepted” signs would not address the issue related to trailers parked in Ku-ring-gai Avenue due to trailers being classified as vehicles.

This advice has since been corrected by the RMS. Council has been advised by the RMS that trailers are not classified as a motor vehicle.

RMS has now endorsed the sign “No Parking Motor Vehicles Excepted”.

It is proposed to trial the installation of the sign “No Parking Motor Vehicles Excepted” along Ku-ring-gai Avenue Turramurra.

Resolved:

(Moved: Councillors Pettett/Spencer)

That the above Notice of Rescission as printed be adopted.

CARRIED UNANIMOUSLY

Councillor Clarke withdrew during discussion

Councillor Clarke returned

Councillor Ngai withdrew during discussion

Councillor Ngai returned

Widening of Killeaton Street and Burns Road St Ives.

File: 88/05627/01

Vide: NM.2

Notice of Motion from Councillor Spencer dated 15 January 2018

Both Pacific Highway and Killeaton Street are used by many of our residents in travelling between Ku-ring-gai’s southern and northern suburbs. Both roads experience congestion during weekday peak hour as well as Saturdays, and some residents of the northern Ku-ring-gai suburbs have asked whether government should consider widening Killeaton Street and Burns Road St Ives between Carbeen Avenue and Bobbin Head Road (also known as Secondary Road 2043) to allow for greater access to and egress from their homes.

To date, no investigations have taken place with regard to the costs and benefits of widening this road because at the Council Meeting held on 25 March 1997, Council adopted the Notice of Motion as amended to:

“… no construction or reconstruction shall be carried out on Secondary Road 2043 which may increase the speed or volume of traffic onto it…. delete reservation for widening of Secondary Road 2043…”

While this Notice of Motion may have been appropriate for its time, this is clearly no longer the case and the ban should be lifted.

To illustrate, there were less residents with motor vehicles in 1996 than today. In the 2016 census, it depicts 14,014 households having 2 motor vehicles in 1996, compared to 16,916 households in 2016; 4,921 households had 3 or more motor vehicles in 1996, and in 2016, there were 7,161 households with 3 or more motor vehicles.

Population growth in Ku-ring-gai has also been predicted by the Department of Planning and Environment in their recent report.

If the ban is lifted, it does not guarantee that road widening will take place. All it means is that there is now the opportunity for relevant traffic studies to take place. This motion does not allow commencement of the widening nor acceptance of any funding or development plan.

I therefore move that:

Resolved:

(Moved: Councillors Spencer/Citer)

A. Council lifts the ban (1997 Resolution) on the widening of Killeaton Street and Burns Road St Ives between Carbeen Avenue and Bobbin Head Road (Secondary Road 2043).

B. A report be done to provide options to increase the traffic flow of Killeaton Street / Burns Road between Eastern Road and Link Road.

i. The report will cover but not limited to such options as road widening and traffic light phasing.

ii. The report be completed within 6 months.

C. The above notice of motion, as amended, be adopted.

For the Resolution: Councillors Ngai, Pettett, Clarke, Spencer, Greenfield, Citer, Kelly and Szatow

Against the Resolution: The Mayor, Councillor Anderson and Councillor Smith

The above Resolution was subject to an Amendment which was LOST. The Lost Amendment was:

(Moved: The Mayor, Councillor Anderson/Szatow)

A. That Council lifts the ban (1997 Resolution) on the widening of Killeaton Street and Burns Road St Ives between Carbeen Avenue and Bobbin Head Road (Secondary Road 2043).

B. That Council writes to the RMS and State Government informing them of the lifting of the 1997 resolution and detailing observations about congestion and attempts to find solutions and the need for a traffic study, and that Council is open but not limited to options of road widening and traffic light phasing.

C. That the above notice of motion, as amended, be adopted.

For the Amendment: The Mayor Councillor Anderson and Councillor Smith

Against the Amendment: Councillors Ngai, Pettett, Clarke, Spencer, Greenfield, Citer, Kelly and Szatow.

BUSINESS WITHOUT NOTICE - SUBJECT TO CLAUSE 241 OF GENERAL REGULATIONS

Councillor Kelly moved a Motion of Urgency for business
cited as a “procedural matter”,
which was LOST

For the Urgency: Councillors Ngai, Spencer, Citer and Kelly

Against the Urgency: The Mayor, Councillor Anderson,
Councillors Pettett, Clarke, Greenfield, Smith and Szatow

The Mayor in her capacity as Chairperson
ruled that the matter was not urgent.

QUESTIONS WITHOUT NOTICE

Gordon Railway Station Upgrade

File: S02213

Vide: QN.1

Question Without Notice from Councillor Cheryl Szatow

Could the Council call on the NSW Minister for Transport to halt works on the Gordon Railway Station until full and proper community and heritage consultation has taken place?

Clearly, could staff check and see what notification Council has received regarding the work to be undertaken?

Answered by Director Strategy & Environment

The Director Strategy & Environment advised is was not intimately familiar with the work and the State Government is responsible doing its own review of environmental factors for this type of work.

The speaker also alluded to an interim heritage order, that is impossible for a state listed heritage item.

The Mayor confirmed the station is already heritage listed.

Councillor Ngai withdrew during discussion

Councillor Ngai returned

Ku-ring-gai Miniwheels Club

File: S07483

Vide: QN.2

Question Without Notice from Councillor David Citer

A couple of years ago Council evicted Ku-ring-gai Miniwheels from the St Ives Showground. And from what I remember we evicted them because of environmental reasons, and that was a club that was established there for 43 years and did have quite a big following especially for young people to learn how to ride motorcycles and trail bikes. And in fact I believe Wayne Gardner’s son Remi Gardner learned to ride a motorbike there.

I have recently been contacted by the club and unfortunately they are really struggling, I believe they have relocated out to Horsley Park over the last couple of years and people from Ku-ring-gai are just not going out to Horsley Park.

They have indicated to me to try and create a track they had behind the HART, which I think is one of the options we gave to them, would cost $200,000, which they simply don’t have.

So I am just sort of wondering is there any way that Council can offer assistance to the club? They are obviously really dwindling in numbers, I think the numbers have dropped by about 80%.

Answered by Director Community

The Director Community advised the staff worked closely with the Club to try and relocate them, I understand there were members were actually coming from all parts of Sydney, so obviously some have benefited by the move to Horsley Park.

Director Community advised she would like to take the question on notice and work with the staff to put a report together as to what stage we reached with them in negotiations and what the indicative costs would be.

Councillor Spencer withdrew during discussion

Councillor Spencer returned

Procedural Matter

File: S06948/4

Vide: QN.6

Question Without Notice from Councillor Peter Kelly

Councillor Kelly asked the Mayor should the two staff members (the General Manager and Mr Taylor) leave the room.

Answered by the Mayor

It is a matter for the people concerned whether they leave the room or not, because they have to determine individually whether they have any conflict of interest.

Procedural Matter - Item of Business

File: S06948/4

Vide: QN.7

Question Without Notice from Councillor Peter Kelly

My question is whether the Mayor and Councillors were notified that the General Manager had not included in the agenda for a meeting of the Council a business item of which due notice has been given or in the opinion of the General Manager, the business is or the implementation of the business would be unlawful?

Answered by the Mayor

The Mayor advised she was aware that an item was excluded, she is not aware of whether every Councillor was notified of same.

Trees Removed in Rohini Street Turramurra

File: RT7/10

Vide: QN.3

Question Without Notice from Councillor Callum Clarke

It has been brought to his attention that three trees were being chopped own in Rohini Street Turramurra, next to the train station. These are three paperbark trees I believe, is there any comment as to why those trees were removed?

Answered by Director Operations

The Director Operations advised he would take the question on notice.

St Ives Medieval Faire

File: S09970/5

Vide: QN.4

Question Without Notice from Councillor Callum Clarke

Recently there was a personnel change with the organiser of the Medieval Faire. What is being done to ensure that the Medieval Faire, which is arguably Ku-ring-gai’s largest and most important event to continue?

Answered by Director Community

The Director Community advised the Medieval Faire will continue this year in September and Council staff are currently planning for it now, so it will go ahead.

Tree Removal Notification on Development Sites

File: CY00345/8

Vide: QN.5

Question Without Notice from Councillor Donna Greenfield

Residents become very concerned with not knowing whether there is approval for trees to be removed as part of a development application.

Can staff investigate if a sign and/or map could be put up on the site indicating which trees are approved to be removed?

Answered by Director Development & Regulation

The Director Development & Regulation advised that it may cause possibly more even confusion because there are a lot of changes on allotments, particularly the larger developments because you have a series of section 96 modifications so things would change and we would be constantly having to update that information.

The Director advised he would take it on notice and provide a response.

The Meeting closed at 9:12 pm

The Minutes of the Ordinary Meeting of Council held on 6 February 2018 (Pages 1 - 4) were confirmed as a full and accurate record of proceedings on 27 February 2018.

__________________________ __________________________

General Manager Mayor / Chairperson

Ordinary Meeting of Council - 27 February 2018	GB.1 / 29

Item GB.1	S09112/7
	15 February 2018

2017 - 2018 Budget Review - 2nd Quarter ended December 2017

EXECUTIVE SUMMARY

purpose of report:	To inform of the results of the second quarter budget review of 2017/18 and proposed adjustments to the annual budget based on the actual financial performance and trend for the period 1 July 2017 to 31 December 2017.

background:	Section 203(1) of the Local Government Regulation 2005 requires that at the end of each quarter, a Budget Review Statement be prepared and submitted to Council that provides the latest estimate of Income and Expenditure for the current (2017/18) financial year.

comments:	Budget adjustments proposed in this review will increase the forecast operating surplus (including capital items) by $1.078m compared to revised budget. This is primarily due to developer contributions, profit on asset sale, user fees and other revenue partly offset by increases in expenditure. When excluding capital income, the net operating result will increase by $393k, primarily due to increased user fees and operating grants and contributions partly offset by increased expenditure. The forecast working capital balance at 30 June 2018 is projected to increase slightly above the target of $4.8m identified in the Long Term Financial Plan.

recommendation:	That the December 2017 Quarterly Budget Review and the recommended changes are received and noted.

Purpose of Report

Background

In accordance with Part 9, Division 3, Clause 203 of the Local Government (General) Regulation 2005 (“The Regulation”):

(1) Not later than 2 months after the end of each quarter (except the June quarter), the responsible accounting officer of a council must prepare and submit to the council a budget review statement that shows, by reference to the estimate of income and expenditure set out in the statement of the council’s revenue policy included in the operational plan for the relevant year, a revised estimate of the income and expenditure for that year.

(2) A budget review statement must include or be accompanied by:

a) a report as to whether or not the responsible accounting officer believes that the statement indicates that the financial position of the council is satisfactory, having regard to the original estimate of income and expenditure, and

b) if that position is unsatisfactory, recommendations for remedial action.

(3) A budget review statement must also include any information required by the Code to be included in such a statement.

The Office of Local Government has developed a set of minimum requirements that assists councils in meeting their obligations as set out in legislation.

At the Council meeting held on 27 June 2017, Council adopted the Revised Delivery Program 2013-2017 & Operational Plan 2017-2018, which incorporated the Annual Budget for 2017-2018.

Comments

This review analyses Council’s financial performance for the second quarter of 2017/18 and forecasts an end of financial year position by recommending budget adjustments to operating and capital budget.

Budget adjustments proposed in this review will increase the forecast operating surplus (including capital items) by $1.078m compared to revised budget. This is primarily due to increased developer contributions, profit on asset sales, user fees and operating grants partly offset by increases in operating expenditure. When excluding capital income, the net operating result will increase by $393k.

The change to the operating result is primarily due to increased developer contributions ($300k), profit on sale of 4 Binalong Street, West Pymble ($426k above book value) to be restricted to reserve, increase in operating grants and contributions ($205k) fully offset by increased expenditure, and increase in development application fees ($150k) partly offset by additional costs .

Additional operating costs are mainly due to legal costs from development assessment activity ($110k), Independent Hearing Assessment Panel (IHAP) ($44k) and increased costs fully funded from operating grants and contributions.

Major proposed variations in the capital budget are due to:

· Deferral of projects funded from S94 to 2018/19 ($1.098m)

Other budget adjustments to capital projects are detailed further in the report and listed in Attachment A2.

The forecast working capital balance at 30 June 2018 is projected to increase slightly above the target of $4.8m identified in the Long Term Financial Plan.

Quarterly Budget Review Statements (QBRS)

The Quarterly Budget Review Statements (QBRS) as prescribed by the DLG guidelines are composed of the following budget review reports:

· Income and Expenses Budget Review Statement (Table 1)

· Capital Budget (Expenditure and Funding) Budget Review Statement (Table 2)

· Proposed Operating Budget Adjustments by Resource Group (Table 3)

· Proposed Capital Budget Adjustments by Resource Group (Table 4)

· Income and Expenses Statement by Theme (Table 5)

· Cash and Investments position (Table 6)

· Contracts and Consultancy Expenses (Table 7)

· Capital & Operational Projects Summary (Table 8)

· Statement by the Responsible Accounting Officer

These statements are shown below.

Proposed Budget Adjustments

The table below lists the proposed budget adjustments, including comments for the December Quarterly Budget Review.

Attachment A2 summarises all proposed budget adjustments for Projects.

The table below splits the current budget by six themes identified within Council’s Delivery Program 2013 – 2017. These themes are used as a platform for planning our activities to address the community’s stated needs and aspirations.

Cash and Investments position

Restricted funds are invested in accordance with Council’s Investment Policy. Total investments portfolio as per the December Investment Report is $176.2m.

A detailed Restricted Assets Report as at December 2017 (Actual) is shown in Attachment A1

Contracts and Consultancy Expenses

Capital & Operational Projects Summary

Actual expenditure for capital and operational projects for the period ending 31 December 2017 is $10.89m against the YTD budget of $11.46m, resulting in a favourable variance of $559k. This variance is mainly due to timing differences between the actual expenditure incurred against the budget forecast of some projects for the quarter.

The table and chart below shows the YTD actual project expenditure against YTD budget for the quarter ended December 2017.

The proposed budget changes to operational and capital projects represent a decrease of $1.03m. The most significant variations and projects proposed for adjustment are listed below:

· Deferral of projects funded from S94 to 2018/19 ($1.098m)

All Proposed Budget adjustments for each Project and explanation for the changes is detailed in

Attachment A2 – Summary of Capital and Operational Project Budget Adjustments

Major Capital Works Update

Operations Projects

The status of various projects and reviews of programs is covered in the commentary below:

§ Buildings

Amenity upgrades which are part of the 2016/2017 Local Infrastructure Renewal Scheme (LIRS), Public Toilets Upgrade Program and Operational Plan, have commenced at Howson Oval, Koola Park and Bicentennial Park. Additional amenity upgrades have gone to tender for locations at George Christie, Comenarra Parkway and Roseville Chase with commencement scheduled for June 2018.

Accessible toilet at Princess Anne Arena St Ives Showground is scheduled to commence in February 2018 with completion by April 2018.

Gordon Library HVAC replacement project will be advertised for tender in February 2018 with a scheduled report to Council in April 2018 for recommendation approval. Existing programme works are progressing well

§ Roads

The Roads Capital Works rehabilitation program at the end of the second quarter is 48% completed. Completion rate includes scheduled R2R funded roads. Due to savings, Council has identified additional roads for the remaining R2R funding. Substantial roadworks are planned and underway, with all works due for completion by middle of June 2018

New GPT at McIntosh and Arthur Street has been delayed.

Roseville bus shelter and cycleway was completed ahead of schedule prior to end 2017.

§ Footpaths

Footpath designs are progressing for programmed paths in Brisbane Avenue and Cleveland Avenue. Footpath planned in Stanley has been deferred and funding will be used for a path in Rothwell Avenue. Design for a footpath in Pymble Avenue is nearing completion with construction to commence as soon as possible.

§ Drainage

Construction is progressing to schedule for drainage works at 90 Babbage Road, Roseville Chase. A number of minor drainage upgrade works have been completed.

§ Shopping Centre upgrades

Works at The Mall (Warrimoo Avenue) Shopping Centre playground area was completed early November with all works to be completed by March 2018.

Landscape upgrade at East Lindfield shops are scheduled for commencement January 2018 with expected completion March 2018.

§ Parks

Retailing wall and disability parking work at Swain Gardens was completed on schedule.

Tender documents released for Annie Forsyth Wyatt Garden upgrade.

§ Playgrounds

Park Avenue playground was opened to the public.

Bicentennial Park - Golden Grove Playground upgrade had contractors engaged with scheduled commencement in October 2017.

Golden Grove playground rebuild tender was awarded with construction to be completed by end of March 2018.

Quarry stabilisation work at Bicentennial Parks is in design phase with initial work to commence in April 2018.

§ Sports Fields

Hassell Grove cricket wicket upgrade is complete.

Morona Avenue – synthetic grass replacement RFQ being prepared, works expected to done in early 2018.

§ Sports Courts

Queen Elizabeth basketball area upgrade was completed on schedule.

Tennis court upgrades at The Glade and Loyal Henry Tennis Courts were completed on schedule.

§ North Turramurra Recreation Area

Stages works complete with minor extra works being addressed

Strategy Projects

Updates of significant projects are provided below:

§ Lindfield Village Green

Lindfield Village Green will become a public open space, located in Council’s Tryon Road car park on the eastern side of Lindfield behind the Lindfield Avenue shops. The existing at grade car park will be relocated underground and the new Village Green built on top.

Lindfield Village Green will include a public plaza, underground public car parking, a new café or restaurant, public seating, toilets and a lift connecting to the basement car park. The development will meet the highest standards of design excellence and sustainability.

After the Council approved a ‘preferred’ concept design option in 2015, a ‘Final’ concept design was progressed and approved by Council in September 2016. In December 2016 a Development Application for the project (with 2 levels of basement parking) was lodged and subsequently approved in October 2017.

At its meeting of 14 November 2017, Council resolved to amend the project design to incorporate three (3) levels of parking including a minimum of 136 short stay spaces. This change requires an amendment to the DA (Section 96) which the design consultant team are currently working on.

We anticipate that construction on the project will commence early in 2019. Construction of the car park should take approximately 12 months with the new parkland and facilities opening shortly afterwards in 2020.

The project timeline has been moved out from the previous reporting due to the latest resolution to incorporate a 3^rd level of parking. Please note that the below timeframe is approximate and may change.

§ Development application submission – December 2016

§ Development application approval – October 2017

§ Resolution to add a 3^rd level of parking – November 2017

§ Revised design & Section 96 approval – July 2018

§ Detailed design – commence September 2018

§ Construction – begin early 2019

§ Lindfield Village Green opens to public – mid 2020

§ Lindfield Library site

In June 2017 Council resolved to grant Landowner’s Consent for the lodgement of a Development Application (DA) for Council land at 259-271 Pacific Highway, Lindfield.

Additional funding for this process is to come from the net income received from the rental of the residential units on the site and the proceeds from the sale of 9 Havilah Lane, Lindfield.

In December 2017, Council staff have engaged the design consultant team to commence documentation for the DA. This design process is expected to take some nine (9) months with the assessment period of up to twelve (12) months to follow after that.

§ Lindfield Community Hub

The Lindfield Community Hub will be located on the western side of the Lindfield Town Centre between Beaconsfield Parade and Bent Street; the project has an estimated construction cost of approximately $150 million. The site is 1.3 hectares in area and is currently a Council owned carpark, which will be redeveloped to deliver a new mixed use precinct with community buildings, parks, boutique shops, cafes, restaurants, apartments and a below-ground supermarket.

In May 2017 Council resolved to proceed with procurement and delivery of the Lindfield Community Hub project in accordance with Section 55 of the Local Government Act and not to proceed with a PPP as described in 400C of the Local Government Act 1993; and that the OLG is notified of Council’s decision accordingly.

A comprehensive internal consultation programme is being undertaken via Project Advisory Groups (PAGS) to inform the development of a Project Technical Brief. In addition Council has engaged a number of specialist consultants to provide advice on requirements for elements of the project. During the review process aspects of Council’s mandatory requirements have been tested and found to require minor amendments. These minor amendments were reported to Council on the 27^th June 2017.

Over the last 6 months the Project team have engaged industry experts CBRE to prepare an Asset Management Strategy for the project to provide technical and commercial advice on all aspects of the financial viability, legal structuring, design and whole-of-life costings.

Also during the reporting period staff have worked closely with the Roads and Maritime Service to finalise the Lindfield Traffic Management Plan; and updated and modified car parking requirements in response to council resolution of OMC 8 June 2017.

A number of studies are now underway to explore and identify a range of funding levers that are available to Council to assist with the funding of depreciation, life cycle and operating costs of the public facilities. Studies include: built form and massing; pay parking; value engineering; a strategic review of operational models for community facilities; and social innovation and procurement.

§ Gordon Cultural and Civic Hub Master Plan

In February 2016 Council resolved to defer the Gordon Cultural and Civic Hub Master Plan until broader strategic matters arising from the NSW Government merger proposal had been resolved; the project was subsequently placed on hold through 2016. In November 2016 Council reviewed this decision and resolved to recommence the master planning process and to exhibit master plan options. Planning work recommenced in early 2017 and since that time staff have developed a number of preliminary options in association with feasibility consultants and traffic consultants. A Council report has been prepared to allow this project to move to the master planning and public engagement stage, however the report has been deferred.

Consultants have been engaged to review Council's Community Facilities Strategy, 2014 to report on options for Council regarding floor space provision; alternative models of service provision; and management, service delivery and leasing options.

Consultants have been engaged to prepare a Property Divestment Strategy as part of a broader package of studies to identify additional funding sources for the major projects.

§ Turramurra Community Hub

The Turramurra Community Hub will be located in the area between the railway line, Ray Street and the Pacific Highway, Turramurra (also known as the Ray Street Precinct). The site is in area and makes up roughly one third of the combined area of the Turramurra Local Centre. The master plan proposes a rejuvenated civic precinct and community heart for Turramurra including a new branch library; multi-purpose community facility; parkland and town square; as well as a new full-line supermarket and associated speciality & leisure retail.

Economic and cost consultants are preparing a financial appraisal and preliminary business case in line with LGA and NSW Treasury guidelines for capital business cases. The preliminary business case will be presented to Council in 2018. Following approval of the preliminary business case, the full business case will be prepared.

At the appropriate time, a negotiation strategy for Coles will be developed. A negotiator will be appointed by Council to undertake discussions with Coles. At this stage it is anticipated that the timing of negotiations with Coles will occur after the approval of the full business case and prior to the Expression of Interest for a Delivery Partner. This timing is subject to legal, procurement, probity and risk advice which will be completed as part of the full business case.

§ Ku-ring-gai Fitness & Aquatic Centre

In late 2015 Council received a “Notice of Dispute” pertaining to alleged delay costs suffered by the contractor during construction. This was reported to Council at the time and three times more recently. Actions as per numerous Council resolutions have been enacted. Meanwhile, Council is working through the dispute resolution process as per the contract. The Arbitrator has been appointed and the Contractor has submitted their evidence. Council has submitted its Points of Defence and Cross Claim.

At the most recent case management conference Ichor were successful in having the hearing set aside to March 2018 to allow them to carry out further discovery and prepare their case further. At the time of writing this report all is on track for the hearing to commence on Friday 2 March 2018.

§ St Ives Village Green Master Plan

A final concept design for a new recreation precinct was adopted by Council in 2016.

The adopted design includes a new children’s play space and a skate area, with a central promenade linking facilities with the surrounding park. New paths, seating, shelters, lighting, picnic facilities, shade tree planting and landscaping are also planned, together with improvements to the existing public toilets and the St Ives youth centre.

Cconsultants are continuing with design development and detailed documentation of the new recreation precinct based on additional community feedback. An Expression of Interest was called for the construction of the skate park component and for additional architectural services in late 2017. It is anticipated that construction will commence by mid-2018 following a public tender process and reporting to Council.

Future works will see the progressive implementation of the master plan (subject to Council approval for each component), including improved car parking arrangements in Cowan Road and Memorial Avenue, a perimeter exercise path, terraced seating around William Cowan Oval, and the eventual relocation of the tennis courts to be adjacent to the bowling club.

§ Koola Park Redevelopment, East Killara

Koola Park Stage 3 construction works were completed in late 2016, this included the installation of field fencing; the commissioning of irrigation, drainage and floodlights; and the growing in and establishment of the grass playing surface and the turf cricket wicket. Stage 4 early works including the new perimeter pathway and exercise stations, were also completed and the park is now available for use.

Detailed planning and design for the balance of Stage 4 works including proposed improvements to car parking and the internal access road are progressing There are ongoing discussions with major stakeholders including Crown Lands, Lindfield Junior Rugby Club, NSW Rural Fire Service, Scouts Australia NSW and Killara High School regarding future use of parts the site.

§ The Mall Shops, Warrimoo Avenue St Ives

An upgrade of The Mall Shops has been identified as a priority project, and detailed documentation was completed in 2016 for a range of proposed improvements aimed at revitalising the shops and increasing access to the adjoining park.

Council has experienced difficulty in sourcing suitable contractors for this project. This has delayed the implementation of works. Following an unsuccessful tendering process in 2016, the project was divided into five works packages to facilitate construction. The first two works packages were completed in 2017 and completion of the remaining works packages is planned by mid-2018

The centre will remain open during the proposed works which are not expected to significantly affect the normal running of businesses.

§ Future Park Corner Allan Avenue, Duff St & Holmes St, Turramurra

To date work on Council’s future park development has included detailed concept design and community engagement.

Surrounding residents were invited to complete an online survey to help guide the design of the new park. An inclusive playspace design workshop was also held to draw on the communities experience to establish practical, accessible and inclusive design outcomes for the park. Council’s goal is to create an attractive and engaging community recreation place for everyone in the local community to enjoy. It will be designed as a place for meeting, relaxing, playing and undertaking activities for health and well-being and will cater for the local neighbourhood and the growing residential community.

Detailed planning and design for the proposed playground and park was undertaken during 2017 and the community was invited to comment on the draft concept plan during an exhibition period in August 2017. The concept plan is currently being refined to incorporate community feedback received. It is anticipated that construction will commence late 2018 following the public tender process and reporting to Council.

The amended concept plan incorporating community feedback and the proposed naming of the park was adopted by Council at OMC 24 October 2017. The name ‘Boyds Orchard Park’ has been submitted to the Geographical Names Board for approval. Detailed design and the preparation of plans and specifications for tender purposes is currently in progress.

§ St Ives Showground Inclusive Playground

Council is planning a playground upgrade at St Ives Showground to address the lack of play facilities at this important site, and to enable more effective public use of the Showground which is regionally significant open space.

The additional play area will improve the opportunities for inclusion and recreation for a wide range of visitors to the St Ives Showground, in response to increasing population growth. Funding for the playground upgrade has been assisted by the NSW Department of Planning and Environment through the Metropolitan Greenspace Grant Program and Crown Lands through the PRMF program.

A playground concept design was prepared by specialist playground designers, together with Council’s landscape architects and other technical staff, with community consultation undertaken prior to Council’s adoption of a playground masterplan in late 2016.

Design development has been guided by site specific environmental constraints including issues relating to heritage, access, arboriculture, drainage and traffic. Key feature items of play equipment have been pre-ordered and the preparation of project documentation for tender is ongoing. It is anticipated that construction will commence by mid-2018 following completion of environmental reviews, public tendering and reporting to Council.

§ Other Playgrounds

A number of other new park playspace designs and playground upgrades were progressed during the December quarter.

Construction works have progressed for the Golden Grove playground upgrade at Bicentennial Park (West Pymble). The upgrade of the playground will ensure it remains an engaging play experience that children and carers of all ages and all abilities are able to enjoy. Construction is due to be completed by mid-2018, weather permitting.

Preparation of concept design plans is underway for the proposed park and playground upgrade at Putarri Reserve (St Ives). In September 2017, surrounding residents were invited to complete an online survey to help guide the design of the park. Feedback from this survey will help inform the concept plan which is scheduled to be exhibited for further community consultation in mid-2018.

A playground concept design has been prepared for Gordon Recreation Ground as part of the masterplanning process for the site. At OMC 17 November 2017, Council adopted to place the draft Landscape Masterplan on public exhibition. The draft Landscape Masterplan will be exhibited in early 2018 and will then be reported back to Council for adoption.

Statement by Responsible Accounting Officer

It is my opinion the Quarterly Budget Review Statement for Ku-ring-gai Council for the quarter ended 31 December 2017 indicates that Council’s projected financial position at 30 June 2018 will be satisfactory, having regard to the projected estimates of income and expenditure and the original budgeted income and expenditure.

One of Council’s key performance indicators in the Long Term Financial Plan (LTFP) is to provide for a minimum available working capital balance of $4.8m. As a result of the December Review the forecast of available working capital at 30 June 2017 is projected to increase slightly above the target of $4.8m identified in the Long Term Financial Plan.

integrated planning and reporting

Theme 6: Leadership and Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

L2.1 Council rigorously manages its financial resources and assets to maximise delivery of services.

L2.1.2 Council’s financial services provide accurate, timely, open and honest advice to the community.

Manages financial performance to achieve targets as defined in the Long Term Financial Plan.

Governance Matters

Not applicable.

Risk Management

Income and expenditure is managed through the quarterly budget review process. Although some income and expenditure cannot be directly controlled, it can be monitored and action taken to mitigate potential financial or budgetary risk. Further, Council staff utilise monthly management reporting for managing operational and project income and expenditure, and any budget variations are reported to the Director. The executive team are also provided with monthly financial reports that allow Directors to make informed decisions and plan ahead to ensure budget targets are met.

Financial Considerations

Budget adjustments proposed in this review will increase the forecast operating surplus (including capital items) by $1.078m compared to revised budget. When excluding capital income, the net operating result will increase by $393k.

The forecast working capital balance at 30 June 2018 is projected to increase slightly above the target identified in the Long Term Financial Plan target as shown below.

Social Considerations

Not applicable.

Environmental Considerations

Not applicable.

Community Consultation

Not applicable.

Internal Consultation

Finance met with each Director and managers as part of the Quarterly Business Review to ensure departmental budget target reflects current forecasts. Comments from Directors have also been included as part of this report.

Summary

The recommended budget adjustments proposed in this review will increase the forecast operating surplus (including capital items) by $1,078m compared to revised budget. This is primarily due to developer contributions, capital grants, user fees and other revenue partly offset by increases in expenditure. When excluding capital income, the net operating result will increase by $393k, primarily due increased user fees and operating grants income partly offset by increased expenditure.

The forecast working capital balance as at 30 June 2018 is projected to increase slightly above the target of $4.8m identified in the Long Term Financial Plan.

Recommendation:

That the December 2017 Quarterly Budget Review and the recommended changes are received and noted.

Angela Apostol

Manager Finance

David Marshall

Director Corporate

Attachments:	A1	Attachment A1 - Restricted Assets Report - December 2017		2018/032801
	A2	Attachment A2 - Summary of Capital and Operational Projects Budget Adjustments - December 2017		2018/037433

Ordinary Meeting of Council - 27 February 2018	GB.2 / 44

Item GB.2	S05273
	14 February 2018

Investment Report as at 31 January 2018

EXECUTIVE SUMMARY

purpose of report:	To present Council’s investment portfolio performance for January 2018.

background:	Council’s investments are reported monthly to Council in accordance with the Local Government Act 1993, the Local Government (General) Regulation 2005 and Council’s Investment Policy.

comments:	The net return on investments for the financial year to January 2018 was $2,806,000 against a budget of $2,295,000 giving a YTD favourable variance of $511,000.

recommendation:	That the summary of investments performance for January 2018 be received and noted; and that the Certificate of the Responsible Accounting Officer be noted and report adopted.

Purpose of Report

To present Council’s investment portfolio performance for January 2018.

Background

Council’s investments are reported monthly to Council in accordance with the Local Government Act 1993, the Local Government (General) Regulation 2005 and Council’s Investment Policy.

Comments

Investment Portfolio Performance Snapshot

The table below provides the investments portfolio performance against targets identified in Council’s Investment Policy as well as other key performance indicators based on industry benchmarks.

Cumulative Investment Returns against Budget

The net return on investments for the financial year to January 2018 was $2,806,000 against a budget of $2,295,000 giving a YTD favourable variance of $511,000.

The total return on investments for the month of January is provided below.

A comparison of the cumulative investment returns against year to date budget is shown in the Chart below.

Cash Flow and Investment Movements

Council’s total cash and investment portfolio at the end of January 2018 was $173,281,000 compared to $176,203,000 at the end of December 2017, a net cash outflow of $2,922,000. The cash outflow was mainly due to creditor payments.

One investment has matured in January 2018, four new investments were purchased during the month.

Investment Performance against Industry Benchmarks

Overall during the month of January the investment performance was well above the industry benchmark.

The benchmark is specific to the type of investment and the details are provided below.

· AusBond Bank Bill Index is used for all Council’s investments

Table 1 - Investments Performance against Industry Benchmarks

Table 2 below provides a summary of all investments by type and performance during the month.

Attachment A1 provides definitions in relation to different types of investments.

Table 2 - Investments Portfolio Summary during January 2018

Investment by Credit rating and Maturity Profile

The allocation of Council’s investments by credit rating and the maturity profile are shown below:

integrated planning and reporting

Leadership & Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

L2.1 Council rigorously manages its financial

resources and assets to maximise delivery of

services

Council maintains and improves its long term financial position and performance

Continue to analyse opportunities to expand the revenue base of Council

Governance Matters

Council’s investments are made in accordance with the Local Government Act (1993), the Local Government (General) Regulation 2005 and Council’s Investment Policy.

Section 212 of the Local Government (General) Regulation 2005 states:

(1) The responsible accounting officer of a council:

(a) must provide the council with a written report (setting out details of all money that the council has invested under section 625 of the Act) to be presented:

(i) if only one ordinary meeting of the council is held in a month, at that meeting, or

(ii) if more than one such meeting is held in a month, at whichever of those meetings the council by resolution determines, and

(b) must include in the report a certificate as to whether or not the investment has been made in accordance with the Act, the regulations and the council’s investment policies.

(2) The report must be made up to the last day of the month immediately preceding the meeting.

Risk Management

Council manages the risk associated with investments by diversifying the types of investment, credit quality, counterparty exposure and term to maturity profile.

Council invests its funds in accordance with The Ministerial Investment Order.

All investments are made with consideration of advice from Council’s appointed investment advisor, CPG Research & Advisory.

Financial Considerations

The budget for interest on investments for the financial year 2017/2018 is $3,890,700. Of this amount approximately $2,606,800 is restricted for the benefit of future expenditure relating to development contributions, $661,400 transferred to the internally restricted Infrastructure & Facility Reserve, and the remainder of $622,500 is available for operations.

Social Considerations

Not applicable.

Environmental Considerations

Not applicable.

Community Consultation

None undertaken or required.

Internal Consultation

None undertaken or required.

Certification - Responsible Accounting Officer

I hereby certify that the investments listed in the attached report have been made in accordance with Section 625 of the Local Government Act 1993, clause 212 of the Local Government General Regulation 2005 and Council’s Investment Policy.

Summary

As at 31 January 2018:

· Council’s total cash and investment portfolio is $173,281,000.

· The net return on investments for the financial year to January 2018 was $2,806,000 against a budget of $2,295,000, giving a YTD favourable variance of $511,000.

Recommendation:

A. That the summary of investments and performance for January 2018 be received and noted.

B. That the Certificate of the Responsible Accounting Officer be noted and the report adopted.

Tony Ly

Financial Accounting Officer

Angela Apostol

Manager Finance

David Marshall

Director Corporate

Attachments:

Investments definitions specific to Council’s investment portfolio

2016/124274

Ordinary Meeting of Council - 27 February 2018	GB.3 / 51

Item GB.3	S05273
	12 February 2018

Analysis of Land and Environment Court Costs - 2nd Quarter 2017 to 2018

EXECUTIVE SUMMARY

purpose of report:	To report legal costs in relation to development control matters in the Land and Environment Court for the quarter ended 31 December 2017.

background:	A person may commence proceedings in the Land and Environment Court in relation to a development application which has either been refused by Council or is deemed to have been refused. An appeal may also be commenced in relation to conditions of development consent and the issue of building certificates and orders

comments:	For the six months ended 31 December 2017, Council’s legal and associated payments in relation to the Land and Environment Court were $683,496. This compares with the annual budget of $1,026,500.

recommendation:	That the analysis of Land and Environment Court costs for the quarter ended 31 December 2017 be received and noted.

Purpose of Report

To report legal costs in relation to development control matters in the Land and Environment Court for the quarter ended 31 December 2017.

Background

A person may commence proceedings in the Land and Environment Court in relation to a development application which has either been refused by Council or is deemed to have been refused (a development application is deemed to have been refused if it has not been determined within a period of 40 days or such longer period that may be calculated in accordance with the Act). An appeal may also be commenced in relation to conditions of development consent and the issue of building certificates and orders. Council is a respondent to such proceedings.

Comments

Appeals Lodged

In quarter ended 31 December 2017, there were twelve new appeals lodged with the Land and Environment Court. The number of appeals received in prior years is as follows:

Financial year	Number of appeals received (whole year)
2013/2014	16
2014/2015	31
2015/2016	38
2016/2017	41
2017/2018 (as at 31 Dec 2017)	26

The appeals commenced during the three months to 31 December 2017 concerned the following subject matters:

· residential apartment buildings

· seniors living

· townhouses

· boarding house

· child care centre

· self-storage facility

· modification of existing development consent

costs

For the quarter ended 31 December 2017, Council made payments of $461,976 on appeals and associated expenses in relation to Land & Environment Court matters. This comes to a total of $683,496 for the two quarters of 2017/2018. This compares with the annual budget of $1,026,500

In addition to expenditure on appeals, a further amount of $74,104 was spent in obtaining expert advice regarding development assessment matters.

Land & Environment Court Costs 2014/2015 - 2017/2018
*Financial Year*	*Total Costs*	*1st quarter September*	*2nd quarter December*	*3rd quarter March*	*4th quarter June*
2014/2015* (31 appeals lodged)	$1,153,612	$186,803	$407,603	$194,103	$365,103
2015/2016 (38 appeals lodged)	$1,256,887	$264,263	$290,099	$303,122	$399,403
*Financial Year*	*Total Costs*	*1st quarter September*	*2nd quarter December*	*3rd quarter March*	*4th quarter June*
2016/2017 (41 appeals lodged)	$1,054,747	$202,574	$196,949	$285,681	$369,543
2017/2018 (26 appeals lodged)	$683,496	$221,520	$461,976

* Costs reported to Council in previous reports

The costs incurred in the six months to 31 December 2017 represent 67% of the annual budget of $1,026,500. As noted above, the number of appeals lodged has been high. The commencement of appeals does not lie within the control of Council, however there a number of factors that appear to have influenced the volume of appeals:

· Amendments to the Environmental Planning and Assessment Act made in 2013 reduced the timeframe for lodgement of an appeal from twelve months to six months. This had the effect of applicants for more substantial and complex development proposals lodging appeals for no other reason than as a mechanism to preserve early appeal rights. The number of development applications received by Council in recent periods has itself been high.

· In addition, the prospect of changing economic market conditions in late 2017 appears to have led to urgency on the part of developers of multi-housing developments in particular, with a number of appeals commenced immediately on the basis of deemed refusal. As a result, Court listings are currently heavily booked and long delays for several months for the holding of both mediation conferences and hearings are occurring.

· Uncertainty as to the effects of the introduction of panels for the determination of development applications appears to have contributed also.

Current delays in the Court will result in limited progress of many of the current appeals this financial year and for this reason costs incurred in the second half of 2017/18 can be expected to move closer to budget expectations.

Notwithstanding these factors, Council’s overall success rate in appeals has remained high.

In relation to costs recovered, the amount of $95,750 had been recovered as at the end of the quarter to 31 December 2017 and further costs are currently in the process of assessment and recovery. The amount of costs recovered to 31 December 2017 compares favourably to an annual budget for costs recovered of $100,000.

SUMMARY BY WARD

A summary of the above Land & Environment Court costs by Ward for the six months to 31 December 2017 is shown in the following table:

Outcomes

At an early stage of each appeal, Council as respondent, is required to file with the Court a Statement of Facts and Contentions outlining the grounds which Council asserts as warranting refusal of a development, or alternatively, that may be addressed by way of conditions of consent.

In cases where issues raised by Council are capable of resolution by the provision by the applicant of additional information or amendment of the proposal, it is the Court’s expectation that this should occur. The Court’s current practice of listing appeals for a preliminary mediation conference before a Commissioner of the Court pursuant to section 34 of the Land & Environment Court Act, strongly encourages this.

In this context, any of three outcomes can be regarded as favourable, namely:

1. If the appeal is in relation to a deemed refusal of an application which, upon assessment, is appropriate for approval: that the development is determined by Council, allowing the appeal to be discontinued by the applicant and avoiding as much as is practicable the incurring of unnecessary legal costs;

2. If the issues raised by Council are capable of resolution by the applicant providing further information, or amending the proposal: that this occurs, so that development consent should be granted, either by Council or the Court;

3. If the issues raised by Council are either not capable of resolution or the applicant declines to take the steps that are necessary to resolve them: that the appeal is either discontinued by the applicant, or dismissed (refused) by the Court.

Seven matters were concluded during the quarter. A favourable outcome was achieved in all matters.

· Five matters were resolved by agreement, in accordance with an amended proposal;

· Two matters were discontinued by the applicant.

integrated planning and reporting

Leadership & Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

L2.1 Council rigorously manages its financial

resources and assets to maximise delivery of

services.

Achieve financial sustainability targets

identified in the Long Term Financial

Plan.

Undertake quarterly reporting to Council on the financial performance of the

organisation.

Governance Matters

Under Section 428 of the Local Government Act 1993, Council is required to report legal costs, and the outcome of each case in its Annual Report.

Risk Management

Quarterly reporting of legal costs to Council together with information about the number, character and outcomes of proceedings enable ongoing oversight of this area of Council’s activity.

Financial Considerations

Land & Environment Court legal costs form part of Council’s recurrent operating budget.

Social Considerations

None undertaken or required.

Environmental Considerations

None undertaken or required.

Community Consultation

None undertaken or required.

Internal Consultation

This report has been developed with input from Council’s Corporate Lawyer, Director Corporate and Director Development & Regulation.

Summary

For the quarter ended December 2017, Council made payments of $461,976 on Land & Environment Court appeals. The total amount expended for the two quarters of 2017/2018 were $683,496. This compares with the annual budget of $1,026,500.

Recommendation:

That the analysis of Land and Environment Court costs for the quarter ended 31 December 2017 be received and noted.

Tony Ly

Financial Accounting Officer

Jamie Taylor

Corporate Lawyer

David Marshall

Director Corporate

Michael Miocic

Director Development & Regulation

Attachments:

Individual Case Summary December 2017 - Land and Environment Court Costs

2018/045296

Ordinary Meeting of Council - 27 February 2018	GB.4 / 57

Item GB.4	CY00070/10
	8 January 2018

Gordon Centre Lot 21 DP 732238 No.802 - 808 Pacific Highway and Gordon Arcade Lot 1 DP 439594 No.767 Pacific Highway Gordon Fire Safety Concern Referred by Fire & Rescue NSW

EXECUTIVE SUMMARY

purpose of report:	Section 121ZD(2) of the Environmental Planning and Assessment Act 1979, requires the Commissioner of NSW Fire Brigade to supply Council with the findings of any inspection carried out in the Council area. The Act then requires that the findings of any inspection report be tabled at a meeting of the full Council to determine whether to issue a fire safety improvement Order. The findings of an inspection by Fire & Rescue New South Wales of the shopping centre, Gordon Centre and Gordon Arcade at 767 and 802 - 808 Pacific Highway, Gordon, revealed fire protection measures were not adequate and not adequately maintained. The purpose of this report therefore is to seek Council’s endorsement to serve appropriate orders.

background:	In accordance with Section 121ZD (2) of the Environmental Planning and Assessment Act,1979 (the Act) Council must consider any report referred to it by the Commissioner of NSW Fire Brigade and determine if it will proceed to exercise its powers to issue an order under Section 121B of the Act.

comments:	A report from Fire & Rescue NSW (F&RNSW), dated 7 December 2017, reported that an inspection of the subject building on 20 October 2017, found the building’s fire indicator panel presented a number of faults and the fire hydrant booster signage was not compliant. Fire & Rescue NSW requests Council’s assistance in bringing the subject building into full compliance with the Act in regard to fire safety.

recommendation:	THAT: A. Council, pursuant to Section 121ZD(2) of the Environmental Planning and Assessment Act 1979 (the Act) to give Order 6 in the Table to Section 121(B) of the Act on the owners of the premises at 802-808 Pacific Highway Gordon and 767 Pacific Highway Gordon, to ensure the safety of the occupants of the building and integrity of the structure and in this regard grant delegated authority to the Director of Development and Regulation on receiving fire safety audits from the owners of both premises, to give further in relation to both buildings. B. That notice of the determination in A above be given to the Commissioner of New South Wales Fire Brigades pursuant to Section 121ZD(4) of the Act.

Purpose of Report

Background

On 5 September 2017, Fire Safety Unit of Fire and Rescue New South Wales [F&RNSW] received correspondence from Chester Hill fire station. The Chester Hill station attended a fire alarm call.

The Station Officer of Chester Hill station reported:

1. Fire panel is improperly marked, which doesn’t easily allow for identification of location of activated detector or for resetting.

2. Fire alarm bell was unable to be isolated.

3. The circuit for the extraction fan in lift motor room continually tripped. This meant that a build-up of fumes had then set off the detector.

4. Building management were not in attendance on the day and were uncontactable until I returned to station.

5. I believe the confusing/old panel, faulty electrics in the lift room and lack of informed onsite personnel poses a significant risk should there be a fire at the premises.

Subsequently, Officers from the Fire Safety Unit of F&RNSW conducted an inspection on 20 October 2017. The inspection was limited to a visual inspection of the essential fire safety measures reported to them by the Station Officer from Chester Hill.

The recommendation of the Fire Safety Unit of F&RNSW is for an upgrade of the building’s fire detection system and for compliant signage to be installed and they request Council to address other deficiencies.

On receiving F&RNSW correspondence, dated 7 December 2017, Council’s Fire Safety Co-ordinator on 12 December 2017, conducted a visual inspection. Other than the concerns of F&RNSW additional further non-compliances were detected affecting the building’s egress system and fire compartmentation which, in the event of an emergency, would significantly impact occupant safety and F&RNSW ability to control the spread of a fire.

Comments

The Gordon Centre and Arcade, built circa 1960’s, has on numerous occasions been altered to accommodate changes to tenancies, without consideration being similarly applied to improving building fire safety.

Council’s Fire Safety Co-ordinator’s visual inspection revealed, the Gordon Centre to have a number of sliding fire doors in the carpark. The doors are located in the event of a fire to close creating separate fire compartments. The sliding fire doors are poorly maintained and are fitted with non-approved door hardware. The doors were not included in Annual Fire Safety Statements.

The last Annual Fire Safety Statement submitted excluded the major tenant. Council has written to the building owner for an explanation as to why the area of the major tenant was excluded from the Annual Fire Safety Statement.

Council may serve Orders to satisfy F&RNSW concerns but other apparent and not so apparent issues of fire safety will remain, to this end Council’s Fire Safety Co-ordinator has served Orders on the owner of the Gordon Centre and Gordon Arcade to produce a Fire Safety Audit of their premises. This is required as Council has no expertise in testing fire suppression and electronic fire detection systems.

The Audit will identify non-compliances, deficiencies and areas needing improvement. Orders then inclusive of all the issues of fire safety identified by the Auditor should then be served requiring a full and complete upgrade of the Gordon Centre and Arcade.

Governance Matters

There are no specific governance considerations associated with this report.

Risk Management

Council manages risks by identification, assessment and implementation of control measures of reasonably foreseeable hazards.

Council has been placed on notice by Fire and Rescue New South Wales that the subject premises has less than adequate provisions for fire safety.

The proposed issue of orders on the owners of Gordon Arcade and Gordon Centre at 767 and 802 - 808 Pacific Highway, Gordon will alert them of a risk in the event of a fire and will assist in minimising risk by improving fire safety at the premises.

Financial Considerations

There are no financial implications for Council should it determine to issue orders on the building owners, however, a financial cost will be borne by the owners of the building to bring about compliance.

Social Considerations

There are no specific social considerations associated with this report.

Environmental Considerations

There are no environmental considerations associated with this report.

Community Consultation

No community consultation has occurred in the preparation of this report as none is required. Should Council resolve to issue orders on the owners of the subject premises, the order process makes statutory allowance for the owner to make submissions to Council in respect of the works and timeframes proposed.

Summary

Fire and Rescue New South Wales, on receiving correspondence from the Station Officer Chester Hill, had cause for their Fire Safety Unit to inspect the Gordon Centre. Fire and Rescue NSW then advised Council of the need for an upgrade of the Gordon Centre’s fire detection system and requested Council to address other deficiencies. F&RNSW served no Orders. Council inspected and search of records revealed several issues of fire safety and non-compliances.

The issues of significant concern were such to cause Council’s Fire Safety Co-ordinator to serve Orders on the owner of both the Gordon Centre and Gordon Arcade to employ a suitable qualified person in fire safety to audit fire safety in both buildings.

Recommendation:

THAT:

B. That notice of the determination in A above be given to the Commissioner of New South Wales Fire Brigades pursuant to Section 121ZD(4) of the Act.

Anne Seaton

Manager Regulation & Compliance

Warwick Bailey

Fire Safety Coordinator

Michael Miocic

Director Development & Regulation

Attachments:

Letter from Fire and Rescue NSW, dated 7 December 2017

2018/047625

Ordinary Meeting of Council - 27 February 2018	GB.5 / 62

Item GB.5	S11423
	5 February 2018

Post Office Lane Voluntary Planning Agreement - 1017 Pacific Highway Pymble

EXECUTIVE SUMMARY

purpose of report:	To report back following the exhibition of the Draft Planning Agreement for 1017 Pacific Highway, Pymble

background:	This report follows the statutory exhibition of the Draft Planning Agreement for 1017 Pacific Highway, Pymble for the purposes of dedicating land along the Post Office Lane frontage. The intention is to allow for the widening Post Office Lane and the delivery of future public domain improvements including improvements to the pedestrian environment and to provide a pedestrian link between the Pacific Highway and Post Office Lane.

comments:	Following the extended statutory exhibition period, the Draft Planning Agreement is now being reported back to Council for approval to execute it and complete the dedication process.

recommendation:	That Council resolves to enter into the Planning Agreement with Fortis Development (Pymble) Pty Ltd to facilitate the dedication of land for the purposes of widening Post Office Lane, Pymble.

Purpose of Report

To report back following the exhibition of the Draft Planning Agreement for 1017 Pacific Highway, Pymble

Background

This report follows the statutory exhibition of the Draft Planning Agreement for 1017 Pacific Highway Pymble for the purposes of dedicating land along the Post Office Lane frontage. The intention of the land dedication is to allow for the widening Post Office Lane and the delivery by Council of future public domain improvements including improvements to the pedestrian environment, following further dedications.

Planning for Pymble Local Centre

As part of the strategic planning framework for Pymble, provisions were made for the narrow Post Office Lane to be widened to provide for improved pedestrian access – possibly by way of a shared zone although the final design will be subject to community input in a further consultation process after more developments and dedications have taken place.

The mixed use development at 1017 Pacific Highway Pymble is the first redevelopment proposal in this area of Pacific Highway / Post Office Lane. The site at 1017 Pacific Highway, Pymble along with frontage to the Pacific Highway also has rear access to Post Office Lane.

Development Application DA0039/16 for the demolition of existing buildings and construction of a mixed use development comprising two commercial tenancies, 14 shop top housing units with basement car parking and associated strata subdivision on the subject site, was approved by the Land and Environment Court on 2 February 2017.

The Local Centres Development Control Plan (DCP) and Ku-ring-gai Public Domain Plan 2010 make provision for the widening of Post Office Lane for improved vehicular access and pedestrian amenity, and also for the through-site link for improved connectivity.

Ku-ring-gai Contributions Plan 2010 makes provision for the completion of the future streetscape works but not for the acquisition of the land. The consistent approach in respect of narrow, linear and/or small parcels of land is that the development potential from the area of land required for the widening is reallocated to the remainder of the development site and therefore not lost to the landowner. This allows the landowner to dedicate the land free of cost to Council, by retaining the value of the development potential, and for the broader public benefit to be obtained in the most cost-effective manner.

As the land itself is therefore not valued by the contribution plan, a Planning Agreement approach is triggered to facilitate the dedication. Similar Planning Agreements relate to Fitzsimons Lane in Gordon, where one has been executed and two have been on concurrent exhibition with the draft planning agreement that is the subject of this report.

It is because the strategic planning documents including the Local Centres Development Control Plan, the Public Domain Plan and the supporting Contributions Plan, collectively envisaged that the development potential of that narrow section of land would be available to the development site, stripping its market value and facilitating its dedication in the most cost effective manner – that the contribution plan is able to focus on funding the future delivery of high quality public domain works.

The intention of the dedication is to facilitate the widening of Post Office Lane to facilitate future traffic and pedestrian improvements, particularly the latter, to activate the lane. The planning agreement for this property also provides for the pedestrian link between the Pacific Highway and Post Office Lane illustrated in Council’s adopted strategic planning documents by means of an easement in gross.

Comments

Previous Council Report and Exhibition

At the Ordinary Meeting of Council on Tuesday 12 December 2017, Council resolved as follows:-

A. That public notice of the exhibition of the draft Planning Agreement and associated Explanatory Note relating to the property at 1017 Pacific Highway, Pymble, for the purpose of facilitating land dedication along the rear frontage of the property to Post Office Lane and for the purpose of providing public access between the Pacific Highway and Post Office Lane, be duly given, and a copy of those documents be made available for inspection, in accordance with the Environmental Planning and Assessment Act 1979, and the Environmental Planning and Assessment Regulation 2000.

B. That a report be brought back to Council following the completion of the statutory exhibition process.

C. That delegation be granted to the General Manager or his delegate to make any administrative changes to the draft Planning Agreement (inclusive of attachments) that do not alter the overall intent in order to facilitate exhibition and to protect Council’s interests.

The Draft Planning Agreement for 1017 Pacific Highway Pymble

The Draft Planning Agreement Attachment A1 and the associated Explanatory Note (included within the document) are relatively straightforward documents compared to planning agreements that facilitate the delivery of works and infrastructure. In this case, they simply facilitate and explain the dedication of land free-of-cost for future public domain works not covered by this agreement, and establish a mechanism for public access to a through-site link providing access for pedestrians between the Pacific Highway and Post Office Lane through the development.

The land for dedication is a narrow strip of land, two metres wide, along the Post Office Lane frontage, which is approximately 18.6 metres in length.

This draft Planning Agreement differs from other similar recently reported agreements in that it also provides for another strategic planning objective in the form of a through block connection between the Pacific Highway and Post Office Lane. The subject site is the ideal location for this connection, being near the midpoint and featuring some retail space without a direct street frontage to the highway which would benefit from pedestrian through traffic. Provision for a pedestrian link, secured by an easement in gross, is also included in the draft Planning Agreement.

Importantly the Draft Planning Agreement does not include works to deliver the public domain improvements within Post Office Lane. This will be subject to a separate design process as the redevelopment process delivers further dedications.

Extended Exhibition

In accordance with the resolution, the Draft Planning Agreement and accompanying Explanatory Note was placed on extended public exhibition from Friday 15 December 2017 to Friday 2 February 2018 inclusive. At the close of the exhibition period, no submissions had been received.

Attached Plan of Subdivision

It should be noted that Land and Property Information (LPI) may request minor amendments to the survey plan prior to or subsequent to lodgement to satisfy any additional requirements of the subdivision process including ensuring that the land becomes part of a public road and into Council’s ownership on registration.

Planning Agreements are registered on the title of the land the subject of the Development Application. In the case of an earlier Planning Agreement for a similar purpose only in Fitzsimons Lane at the rear of 904-914 Pacific Highway Gordon, the LPI required the registration of the Planning Agreement to be removed from the road land lot before it could be created. A similar process is expected with this Planning Agreement.

The recommendation includes delegation to the General Manager of the authority to give effect to the Planning Agreement following its execution inclusive of all administrative requirements related to subdivision, lot consolidation, the land dedication, registration of the Planning Agreement on title, removal of the Planning Agreement from the title of the road land, and the like.

Attached Sketch Plan of Easement in Gross

The Planning Agreement includes a sketch plan for the easement in gross which is adequate for the purposes of supporting the terms of the agreement within the Planning Agreement. This plan will require improved drafting to LPI standards concurrent with the strata subdivision stage of the proposed development as it nears completion. However construction cannot commence until after the execution and registration of the Planning Agreement.

To give effect to this aspect of the Planning Agreement, Council staff will need to manage administrative issues arising during this process. For the relief of any doubt, the recommendation includes delegation to the General Manager of the authority to give effect to Planning Agreement inclusive of all administrative requirements related to the easement in gross.

integrated planning and reporting

Theme Three: Places, Spaces and Infrastructure

Community Strategic Plan

Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P2.1 A robust planning framework is in place to deliver quality design outcomes and maintain the identity and character of Ku-ring-gai

Strategies, plans and processes are in place to effectively manage the impact of new development.

P8.1.1.1.1.1-2

Ku-ring-gai Contributions Plan

2010 ensures new development contributes towards the cost of delivering supporting infrastructure.

P4.1 Our centres offer a broad

range of shops and services and contain lively urban village spaces where people can live, work, shop, meet and spend leisure time

Plans to revitalise local centres are being progressively implemented and achieve quality design outcomes in collaboration with key agencies, landholders and the community.

C6.1.2.1.2; C4.1.2.1.3

New public infrastructure is planned to support new development and ensure that everyone who lives and works in Ku-ring-gai continues to enjoy access to public facilities.

P8.1 An improved standard of infrastructure that meets the community’s service level standards and Council’s obligations as the custodian of our community’s assets

Our public infrastructure and assets are planned, managed and funded to meet community expectations, defined levels of service and address inter-generational equity.

C6.1.2.1.2; C4.1.2.1.3

New public infrastructure is planned to support new development and ensure that everyone who lives and works in Ku-ring-gai continues to enjoy access to public facilities.

Theme Four: Access, Traffic and Transport

Community Strategic Plan

Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

T1.1 A range of integrated transport choices are available to enable effective movement to, from and around Ku-ring-gai.

T3.1 An accessible public transport and regional road network that meets the diverse and changing needs of the community.

A network of safe and convenient links to local centres, major land uses and recreational opportunities is in place.

A strategic access, traffic and transport plan is being implemented for the Northern Sydney Region.

T 1.1.3.1.1

Link roads and road widening.

Governance Matters

The negotiation of the Draft Planning Agreement was commenced under the Planning Agreement Policy 2008. Since then, the Planning Agreement Policy 2016 has been exhibited and adopted.

The Draft Planning Agreement has been prepared with input from Urban Planning, the Property Unit and the Corporate Lawyer. Council appointed Wilshire Webb Staunton Beattie Lawyers to act on its behalf, the firm which also had carriage of the three Fitzsimons Lane Planning Agreements, being similar laneway dedication matters.

The new owners of the site at 1017 Pacific Highway are Fortis Development (Pymble) Pty Ltd, represented by William Roberts Lawyers. Council proactively facilitated the drafting of the Planning Agreement on the same core template as the Fitzsimons Lane Planning Agreements to facilitate the timing of its completion concurrent with these similar matters.

It should be noted that the site has only recently changed ownership, with settlement taking place early in November 2017, however there is a timing relationship between the Planning Agreement and the Construction Certificate under the conditions imposed by the Land and Environment Court which makes it in the interests of both parties to ensure the progression of the Planning Agreement occurs in a timely manner.

Risk Management

Council has retained the same external legal firm for a series of laneway Planning Agreements ensuring consistency and equity.

Financial Considerations

The strategic planning for the widening of Post Office Lane foreshadowed that the associated developments would retain the opportunity to utilise the floor space potential of the land to be dedicated thus negating its market value. This is a cost-effective means of facilitating the dedication of land free of cost.

There is a cost in terms of the recommended scheduling of the design and delivery of the works however this is still some time into the future as there is no present indication of when redevelopment of the remaining properties fronting the Pacific Highway may take place.

Social Considerations

The widening of Post Office Lane will facilitate an improved vehicular and pedestrian environment within the Pymble Local Centre. Preliminary concepts as part of the strategic planning process envisaged a shared zone and enhanced pedestrian amenity in the future. These improvements are provided for in the Local Centres Development Control Plan and the Public Domain Plan and are now beginning to come to fruition concurrent with redevelopment under the Local Centres LEP.

Environmental Considerations

The Draft Planning Agreement that is the subject of this report involves land dedication and the creation of a through-site pedestrian link, only. The detailed design of the future public domain improvements within Post Office Lane will be subject to a future design process at such time as additional land is acquired. Environmental considerations are a core component of the detailed design of all Council’s public domain improvement works.

Community Consultation

The draft Planning Agreement was endorsed for public exhibition at the OMC of 12 December 2017. Together with two other similar draft Planning Agreements, it was placed on an extended exhibited period in view of the Christmas Period commencing on Friday, 15 December 2017 and concluding on Friday, 2 February 2018 inclusive (being 50 days compared to the statutory requirement of 28 days).

The exhibition was advertised in the North Shore Times and a letter was sent to nearby property owners and occupiers. A total of 180 letters were sent to owners and occupiers of surrounding properties including commercial properties. At the close of the extended exhibition period, no submissions had been received.

Internal Consultation

The Draft Planning Agreement has been prepared in consultation between officers of Urban Planning and the Property Unit and Council’s Corporate Lawyer. Council engaged additional legal support from Wiltshire Webb Staunton Beattie as well as the services of a surveyor.

Summary

It is recommended that the Draft Planning Agreement be adopted unchanged from the exhibition version apart from minor typographical corrections such as removing the watermark “Draft” and ensuring all contact details are complete and up-to-date and the like.

Recommendation:

A. That Council resolve to enter into the Planning Agreement with Fortis Development (Pymble) Pty Ltd as specified within Attachment A1 to facilitate the dedication of land for the purposes of widening Post Office Lane Pymble at the rear of 1017 Pacific Highway Pymble and to provide for an easement in gross for a pedestrian link through the site.

B. That the Council grant delegation to the General Manager and Mayor to execute the Planning Agreement under the Common Seal.

C. That delegation be granted to the General Manager or his delegate to make any minor administrative changes to the document that do not alter the overall intent in order to protect Council’s interests.

D. That delegation be granted to the General Manager or his delegate to authorise any minor or administrative changes to the survey drawing and associated administration sheets to ensure the objectives of the VPA are fulfilled in the most practical and efficient manner.

E. That the Planning Agreement register be updated to include the Planning Agreement for 1017 Pacific Highway Pymble upon the execution of the VPA.

F. That delegation be granted to the General Manager to give effect to the requirements of the Planning Agreement after execution as they apply to actions required of the Council including fixing the Common Seal to documents related to the transfer of land, and all related and/or associated processes thereof.

G. That delegation be granted to the General Manager to execute the easement and all associated documentation and processes to enable its registration on title.

Kate Paterson

Infrastructure Co-ordinator

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:

Draft Planning Agreement for 1017 Pacific Highway Pymble including draft Plan of Subdivision, location sketch for the easement in gross and Explanatory Note (collated)

2017/356222

Ordinary Meeting of Council - 27 February 2018	GB.6 / 70

Item GB.6	S10147
	5 February 2018

Fitzsimons Lane Voluntary Planning Agreement - 900 Pacific Highway Gordon

EXECUTIVE SUMMARY

purpose of report:	To report back following the exhibition of the Draft Planning Agreement for 900 Pacific Highway, Gordon.

background:	This report follows the statutory exhibition of the Draft Planning Agreement for 900 Pacific Highway, Gordon for the purposes of dedicating land along the Fitzsimons Lane frontage. The Local Centres Development Control Plan and Public Domain Plan make provision for the widening of Fitzsimons Lane for improved vehicular access and pedestrian amenity.

comments:	Following the extended statutory exhibition period, the Draft Planning Agreement is now being reported back to Council for approval to execute it and complete the dedication process.

recommendation:	That Council resolves to enter into the Planning Agreement with Prestige Locations Pty Ltd to facilitate the dedication of land for the purposes of widening Fitzsimons Lane, Gordon.

Purpose of Report

To report back following the exhibition of the Draft Planning Agreement for 900 Pacific Highway, Gordon.

Background

This report follows the statutory exhibition of the Draft Planning Agreement for 900 Pacific Highway Gordon for the purposes of dedicating land along the Fitzsimons Lane frontage. The intention of the land dedication is to allow for the widening Fitzsimons Lane and the delivery by Council of future public domain improvements including improvements to the pedestrian environment following the effective completion of intensive redevelopment activity in the vicinity.

Planning for Gordon Local Centre

As part of the strategic planning framework for Gordon, provisions were made for the rather angular Fitzsimons Lane, which narrows near the intersection with Merriwa Street, to be widened and realigned to provide improved vehicular access and pedestrian amenity to this area of Gordon. The area around Fitzsimons Lane is undergoing significant urban renewal with ten consolidated properties either under construction, under DA or pre-DA.

Until recently this area was primarily commercial in nature, with multi-storey corporate offices. The redevelopment of this mixed-use zoned area has seen primarily residential redevelopment including mainly ground floor non-residential floor space for professional consulting rooms, cafés, small convenience retail uses and local service uses.

Extract from the Public Domain Plan 2010 showing the location of the area targeted for widening

The strategic planning documents including the Local Centres Development Control Plan, the Public Domain Plan and the supporting Contributions Plan, collectively envisaged that the development potential of that narrow section of land would be available to the development site, stripping its market value and facilitating its dedication in the most cost effective manner – enabling the contribution plan to focus on the delivery of high quality public domain works.

As the land itself is therefore not valued by the contribution plan, a Planning Agreement approach is triggered to facilitate the dedication. The first Planning Agreement for Fitzsimons Lane was executed in February 2017 and the process of dedication of that land at the rear of 904-914 Pacific Highway Gordon has recently been completed.

The draft VPAs for 870-898 and 900 Pacific Highway Gordon are the second and third land dedications in the laneway to be exhibited and reported for execution.

The intention of the dedications is to facilitate the widening of Fitzsimons Lane to 15 metres where it currently narrows from the apex of the dog-leg as it approaches the intersection with Merriwa Street, to facilitate traffic and pedestrian improvements, particularly the latter, to activate the lane and support this mixed use precinct.

Comments

Previous Council Report and Exhibition

At the Ordinary Meeting of Council on Tuesday 12 December 2017, Council resolved as follows:-

A. That public notice of the exhibition of the draft Planning Agreement and Explanatory Note relating to the property at 900 Pacific Highway, Gordon, for the purposes of facilitating land dedication along the frontage to Fitzsimons Lane, be duly given.

B. That the draft Planning Agreement together with the Explanatory Note be made available for inspection, in accordance with the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000.

C. That a report be brought back to Council following the completion of the statutory exhibition process associated with the draft Planning Agreement.

D. That delegation be granted to the General Manager or his delegate to make any administrative changes to the draft Planning Agreement (including attachments) that do not alter the overall intent in order to facilitate exhibition and to protect Council’s interests.

The Draft Planning Agreement for 900 Pacific Highway Gordon

They record the nature of the understanding between the developer and Council. For example, Council can only use the land for the purposes of works to the carriageway, both vehicular and pedestrian and associated street landscaping works in Fitzsimons Lane. This is in accordance with the Local Centres DCP and Public Domain Plan.

The land is a narrow section, totalling approximately 89sqm, and stretching approximately 16 metres on a slight angle (in rounded figures), along the Fitzsimons Lane frontage.

The intention of the dedication is to widen Fitzsimons Lane to approximately 15 metres at its narrowest section from the apex of the dog-leg as it approaches Merriwa Street (discounting the linear extent of the existing splay at the acute corner on the opposite side of Fitzsimons Lane and Merriwa Street from the calculation).

Importantly the Draft Planning Agreement does not include works to deliver the future public domain improvements. Council staff are preparing and costing a draft design for the Fitzsimons Lane public domain which is expected to be reported to Council prior to public consultation over the course of 2018. Delivery by Council is most appropriately scheduled when the current intensive redevelopment activity is near-complete.

Extended Exhibition

In accordance with the resolution, the Draft Planning Agreement and accompanying Explanatory Note was placed on extended public exhibition from Friday, 15 December 2017 to Friday, 2 February 2018 inclusive. At the close of the exhibition period, no submissions had been received.

Attached Plan of Subdivision

Planning Agreements are registered on the title of the land the subject of the Development Application. In the case of the previous Planning Agreement relating to Fitzsimons Lane at the rear of 904-914 Pacific Highway Gordon, the LPI required the registration of the Planning Agreement to be removed from the road land lot before it could be created. A similar process is expected with this Planning Agreement.

The recommendation includes delegation to the General Manager of the authority to give effect to the Planning Agreement following its execution inclusive of all administrative requirements.

integrated planning and reporting

Theme Three: Places, Spaces and Infrastructure

Community Strategic Plan

Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P2.1 A robust planning framework is in place to deliver quality design outcomes and maintain the identity and character of Ku-ring-gai.

Strategies, plans and processes are in place to effectively manage the impact of new development.

P8.1.1.1.1.1-2

Ku-ring-gai Contributions Plan

2010 ensures new development contributes towards the cost of delivering supporting infrastructure.

P4.1 Our centres offer a broad

range of shops and services and contain lively urban village spaces where people can live, work, shop, meet and spend leisure time.

Plans to revitalise local centres are being progressively implemented and achieve quality design outcomes in collaboration with key agencies, landholders and the community.

C6.1.2.1.2; C4.1.2.1.3

New public infrastructure is planned to support new development and ensure that everyone who lives and works in Ku-ring-gai continues to enjoy access to public facilities.

P8.1 An improved standard of infrastructure that meets the community’s service level standards and Council’s obligations as the custodian of our community’s assets.

Our public infrastructure and assets are planned, managed and funded to meet community expectations, defined levels of service and address inter-generational equity.

C6.1.2.1.2; C4.1.2.1.3

New public infrastructure is planned to support new development and ensure that everyone who lives and works in Ku-ring-gai continues to enjoy access to public facilities.

Theme Four: Access, Traffic and Transport

Community Strategic Plan

Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

T1.1 A range of integrated transport choices are available to enable effective movement to, from and around Ku-ring-gai.

T3.1 An accessible public transport and regional road network that meets the diverse and changing needs of the community.

A network of safe and convenient links to local centres, major land uses and recreational opportunities is in place.

A strategic access, traffic and transport plan is being implemented for the Northern Sydney Region.

T 1.1.3.1.1

Link roads and road widening.

Governance Matters

The negotiation of the Draft Planning Agreement was commenced under the Planning Agreement Policy 2008. Since then, the Planning Agreement Policy 2016 has been exhibited and adopted.

The Draft Planning Agreement has been prepared with input from Urban Planning, the Property Unit and the Corporate Lawyer. Council appointed Wiltshire Webb Staunton Beattie Lawyers to act on their behalf. The developers/landowners of the site at 900 Pacific Highway Gordon are represented by Conomos Legal.

Risk Management

Council has retained the same external legal firm for a series of laneway Planning Agreements ensuring consistency and equity.

Financial Considerations

The strategic planning for the widening of Fitzsimons Lane foreshadowed that the associated developments would retain the opportunity to utilise the floor space potential of the land to be dedicated thus negating its market value. This is a cost-effective means of facilitating the dedication of land free of cost.

There is a cost in terms of the scheduling of the design and delivery of the works in the 2017-2019 financial years in the Long Term Financial Plan however, it should be noted, that with ten out of thirteen properties with frontage to Fitzsimons Lane being the subject of development proposals and many nearing completion, that the development contributions for the delivery of this work have been received and, as such, it is timely to schedule the delivery of this work.

Social Considerations

The widening of Fitzsimons Lane will facilitate an improved vehicular and pedestrian environment as this area rapidly transitions from an employment area to a mixed use zone featuring predominantly residential development. These improvements have long been envisaged in the original Local Centres Development Control Plan and the Public Domain Plan and are now coming to fruition concurrent with redevelopment under the Local Centres LEP.

Environmental Considerations

The Draft Planning Agreement that is the subject of this report involves land dedication only. The design of the public domain improvements should be instigated in parallel with these latest redevelopments ready to commence delivery concurrent with their completion. Environmental considerations are a core component of the detailed design of all Council’s public domain improvement works.

Community Consultation

The exhibition was advertised in the North Shore Times and a letter was sent to nearby property owners and occupiers. A total of 674 letters were sent to owners and occupiers of surrounding properties, many being strata subdivided unit developments. At the close of the extended exhibition period, no submissions had been received.

Internal Consultation

Summary

It is recommended that the Draft Planning Agreement be adopted unchanged from the exhibition version apart from some minor typographical corrections including correcting a bookmark entry for the index, removing the watermark “Draft” from the final hard copy to be executed, changing references to prospective dates from 2017 to 2018, ensuring all contact details are complete and up-to-date, and the like.

Recommendation:

A. That Council resolve to enter into the Planning Agreement with Prestige Locations Pty Ltd as specified within Attachment A1 to facilitate the dedication of land for the purposes of widening Fitzsimons Lane Gordon at the rear of 900 Pacific Highway Gordon.

B. That the Council grant delegation to the General Manager and Mayor to execute the Planning Agreement under Common Seal.

E. That the Planning Agreement register be updated to include the Planning Agreement for 900 Pacific Highway Gordon upon execution.

Kate Paterson

Infrastructure Co-ordinator

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:

Draft Planning Agreement for 900 Pacific Highway Gordon including draft Plan of Subdivision and Explanatory Note (collated)

2017/356541

Ordinary Meeting of Council - 27 February 2018	GB.7 / 77

Item GB.7	S10147
	5 February 2018

Fitzsimons Lane Voluntary Planning Agreement - 870-898 Pacific Highway Gordon

EXECUTIVE SUMMARY

purpose of report:	To report back following the exhibition of the Draft Planning Agreement for 870-898 Pacific Highway, Gordon.

background:	This report follows the statutory exhibition of the Draft Planning Agreement for 870-898 Pacific Highway, Gordon for the purposes of dedicating land along the Fitzsimons Lane frontage. The Local Centres Development Control Plan and Public Domain Plan make provision for the widening of Fitzsimons Lane for improved vehicular access and pedestrian amenity.

comments:	Following the extended statutory exhibition period, the Draft Planning Agreement is now being reported back to Council for approval to execute it and complete the dedication process.

recommendation:	That Council resolves to enter into the Planning Agreement with Prime Gordon Pty Ltd to facilitate the dedication of land for the purposes of widening Fitzsimons Lane, Gordon.

Purpose of Report

To report back following the exhibition of the Draft Planning Agreement for 870-898 Pacific Highway, Gordon.

Background

This report follows the statutory exhibition of the Draft Planning Agreement for 870-898 Pacific Highway Gordon for the purposes of dedicating land along the Fitzsimons Lane frontage. The intention of the land dedication is to allow for the widening Fitzsimons Lane and the delivery by Council of future public domain improvements including improvements to the pedestrian environment following the effective completion of intensive redevelopment activity in the vicinity.

Planning for Gordon Local Centre

Until recently this area was primarily commercial in nature, with multi-storey corporate offices. The redevelopment of this mixed-use zoned area has seen primarily residential redevelopment including mainly ground floor, non-residential floor space for professional consulting rooms, cafés, small convenience retail uses and local service uses.

Extract from the Public Domain Plan 2010 showing the location of the area targeted for widening

The draft VPAs for 870-898 and 900 Pacific Highway Gordon are the second and third land dedications in the laneway to be exhibited and reported for execution.

Comments

Previous Council Report and Exhibition

At the Ordinary Meeting of Council on Tuesday 12 December 2017, Council resolved as follows:-

A. That public notice of the exhibition of the draft Planning Agreement and Explanatory Note relating to the property at 870-898 Pacific Highway, Gordon, for the purposes of facilitating land dedication along the frontage to Fitzsimons Lane, be duly given.

B. That the draft Planning Agreement together with the Explanatory Note be made available for inspection, in accordance with the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000.

C. That a report be brought back to Council following the completion of the statutory exhibition process associated with the draft Planning Agreement.

E. That delegation be granted to the General Manager or his delegate to make any administrative changes to the draft Planning Agreement (including attachments) that do not alter the overall intent in order to facilitate exhibition and to protect Council’s interests.

The Draft Planning Agreement for 870-898 Pacific Highway Gordon

The Draft Planning Agreement (Attachment A1)and the associated Explanatory Note (included within the document) are relatively straightforward documents compared to planning agreements that facilitate the delivery of works and infrastructure; in that they simply facilitate and explain the dedication of an identified area of land free-of-cost to council.

The land is a narrow section, approximately five metres wide, and approximately 455sqm with a linear frontage of approximately 92 metres (all figures are rounded) across three affected properties along the Fitzsimons Lane frontage, noting that the current and future frontages are slightly different lengths due to the angle of Fitzsimons Lane. This intention of the dedication is to widen Fitzsimons Lane to approximately 15 metres at its narrowest section from the apex of the dog-leg as it approaches Merriwa Street (discounting the linear extent of the existing splay at the acute corner on the opposite side of Fitzsimons Lane and Merriwa Street from the calculation).

Extended Exhibition

Attached Plan of Subdivision

Additionally, it is standard practice for Council to require the consolidation of lots within a development site. This process will involve the same land identified in the plan attached to this Planning Agreement acquiring a new and different technical description by lot and deposited plan without any other alteration to the land the subject of this agreement. The timing of this process may trigger purely administrative changes to such descriptions in forms and documents.

The recommendation includes delegation to the General Manager of the authority to give effect to the Planning Agreement following its execution inclusive of all administrative requirements.

integrated planning and reporting

Theme Three: Places, Spaces and Infrastructure

Community Strategic Plan

Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P2.1 A robust planning framework is in place to deliver quality design outcomes and maintain the identity and character of Ku-ring-gai.

Strategies, plans and processes are in place to effectively manage the impact of new development.

P8.1.1.1.1.1-2

Ku-ring-gai Contributions Plan

2010 ensures new development contributes towards the cost of delivering supporting infrastructure.

P4.1 Our centres offer a broad

range of shops and services and contain lively urban village spaces where people can live, work, shop, meet and spend leisure time.

Plans to revitalise local centres are being progressively implemented and achieve quality design outcomes in collaboration with key agencies, landholders and the community.

C6.1.2.1.2; C4.1.2.1.3

New public infrastructure is planned to support new development and ensure that everyone who lives and works in Ku-ring-gai continues to enjoy access to public facilities.

P8.1 An improved standard of infrastructure that meets the community’s service level standards and Council’s obligations as the custodian of our community’s assets.

Our public infrastructure and assets are planned, managed and funded to meet community expectations, defined levels of service and address inter-generational equity.

C6.1.2.1.2; C4.1.2.1.3

New public infrastructure is planned to support new development and ensure that everyone who lives and works in Ku-ring-gai continues to enjoy access to public facilities.

Theme Four: Access, Traffic and Transport

Community Strategic Plan

Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

T1.1 A range of integrated transport choices are available to enable effective movement to, from and around Ku-ring-gai.

T3.1 An accessible public transport and regional road network that meets the diverse and changing needs of the community.

A network of safe and convenient links to local centres, major land uses and recreational opportunities is in place.

A strategic access, traffic and transport plan is being implemented for the Northern Sydney Region.

T 1.1.3.1.1

Link roads and road widening.

Governance Matters

The negotiation of the Draft Planning Agreement was commenced under the Planning Agreement Policy 2008. Since then, the Planning Agreement Policy 2016 has been exhibited and adopted.

The Draft Planning Agreement has been prepared with input from Urban Planning, the Property Unit and the Corporate Lawyer. Council appointed Wiltshire Webb Staunton Beattie Lawyers to act on their behalf. The developers/landowners of the site at 870-898 Pacific Highway Gordon are represented by Hicksons Lawyers.

Risk Management

Council has retained the same external legal firm for a series of laneway Planning Agreements ensuring consistency and equity.

Financial Considerations

Social Considerations

Environmental Considerations

Community Consultation

Internal Consultation

Summary

It is recommended that the Draft Planning Agreement be adopted unchanged from the exhibition version apart from minor typographical corrections such as removing the watermark “Draft” from the final hard copy to be executed, changing references to prospective dates from 2017 to 2018, ensuring all contact details are complete and up-to-date, and the like.

Recommendation:

A. That Council resolve to enter into the Planning Agreement with Prime Gordon Pty Ltd as specified within Attachment A1 to facilitate the dedication of land for the purposes of widening Fitzsimons Lane Gordon at the rear of 870-898 Pacific Highway Gordon.

B. That the Council grant delegation to the General Manager and Mayor to execute the Planning Agreement under Common Seal.

E. That the Planning Agreement register be updated to include the Planning Agreement for 870‑898 Pacific Highway Gordon upon execution.

Kate Paterson

Infrastructure Co-ordinator

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:

Draft Planning Agreement for 870-898 Pacific Highway Gordon including draft Plan of Subdivision and Explanatory Note (collated)

2017/356539

Ordinary Meeting of Council - 27 February 2018	GB.8 / 84

Item GB.8	FY00382/10
	5 December 2017

Delivery Program 2013-2017 and Operational Plan 2017-2018 Bi-Annual Report

EXECUTIVE SUMMARY

purpose of report:	To report to Council on the progress of the Delivery Program 2013-2017 and Operational Plan 2017-2018, for the period July to December 2017.

background:	Section 404 of the Local Government Act, 1993 requires a progress report to be presented to Council, with respect to the principal activities detailed in the Delivery Program, at least every 6 (six) months.

comments:	This report provides a six (6) month progress review of critical actions and tasks contained in the Delivery Program 2013-2017 and Operational Plan 2017-2018.

recommendation:	That the six (6) month progress review of the Delivery Program 2013-2017 and Operational Plan 2017-2018, for the period July to December 2017, be received and noted.

Purpose of Report

To report to Council on the progress of the Delivery Program 2013-2017 and Operational Plan 2017-2018, for the period July to December 2017.

Background

In December 2016 the NSW Office of Local Government advised those Councils, with elections deferred from September 2016, that a new Operational Plan for the period 2017–2018 must be developed for adoption by 30 June 2017. In conjunction with this advice, Council’s existing four year Delivery Program would also apply for a further 12 months, maintaining the key themes and any activities not yet completed.

The Delivery Program 2013-2017 and Operational Plan 2017-2018 was adopted by Council on 27 June 2017.

The Delivery Program contains four (4) year term achievements and critical actions which work towards achieving the community’s vision, long term objectives and priorities during Council’s term of office. The Operational Plan details the individual projects, services and actions which will be undertaken for the 2017-2018 year of the Delivery Program. These are listed under the following six (6) themes or principal activity areas:

1. Community, People and Culture

2. Natural Environment

3. Places, Spaces and Infrastructure

4. Access, Traffic and Transport

5. Local Economy and Employment

6. Leadership and Governance

To assist the community in understanding Council’s programs, both the Delivery Program and Operational Plan are presented in the same document.

Six monthly reporting to Council is undertaken in line with the Integrated Planning & Reporting guidelines. This report provides a six (6) month progress report for the period of July to December 2017.

Tied to this reporting Council also receives quarterly budget reports which provide data on the financial position of Council in terms of its income and expenditure as well as the status of its adopted capital works program. A separate report on the December second quarter budget review for 2017-2018 is included in the Business Paper for tonight’s meeting.

Comments

The bi-annual report (Attachment A1) presents the organisation’s six month progress against the 124 critical actions in the Delivery Program and 251 tasks in the Operational Plan across the six (6) themes.

Performance monitoring

Integrated Planning and Reporting places a strong emphasis on the community being regularly informed on progress in achieving the community’s long term objectives and vision for Ku-ring-gai as detailed in the Community Strategic Plan (CSP). Performance for the December bi-annual review is monitored through the progress of:

One year tasks

The Operational Plan 2017-2018 contains 251 yearly tasks. The tasks are statements of Council’s planned activities for the 2017-2018 year and include the services, programs, projects and actions which Council will deliver during the year. The tasks contribute to the achievement of four year critical actions and Council’s term achievements.

Four year critical actions

The Delivery Program 2013-2017 contains 124 four year critical actions. The critical actions define those activities which need to be completed over four years for Council to deliver its four year term achievements.

Progress on term achievements and performance indicators are reported to Council as part of the June bi-annual review. For Performance Indicators this allows practical and cost effective data measurement, which can only be obtained annually.

Key Achievements for the period

There were a number of significant achievements across Council services, programs and activities during the six month period July to December 2017, as listed below:

Ø Ku-ring-gai Council’s recently completed multipurpose sporting complex at North Turramurra, the North Turramurra Recreation area (NTRA), won the prestigious NSW Minister for Local Government’s 2017 Innovation in Engineering Award;

Ø Council won a National Award by Parks & Leisure Australia for Excellence in Open Space Planning for the Activate Ku-ring-gai program of urban renewal and transformation of its local centres;

Ø Council’s Director of Strategy and Environment received an ‘Excellence in Leadership’ 2017 Planning Award from Local Government NSW, the peak NSW local government body;

Ø Council’s Community Grants Program distributed over $93,000 to 45 local community organisations;

Ø Council continued to deliver its successful events program including the St Ives Medieval Faire, which was held in September 2017 and attracted record crowds and media coverage of the first World Jousting Championships;

Ø Highly successful completion and unveiling of the Roseville Art Centre’s wall mural with over 500 ceramic tiles created by children in art centre programs over the previous 18 months creating a community focal point;

Ø Completion and submission of the final draft of the Emergency Management Plan reflecting a collaboration of work between Hornsby and Ku-ring-gai Councils and all members of the Local Emergency Management Committee;

Ø The Ku-ring-gai Development Control Plan was amended in October 2017 to incorporate the green web mapping for the 13 deferred areas;

Ø Neighbourhood centre improvement projects continued with works completed at The Mall shops at Warrimoo Avenue, St Ives and Babbage Road shops in Roseville Chase;

Ø The revised Heritage Conservation Area in Middle Harbour Road, Roseville was adopted with the plan made by the NSW Department of Planning and Environment;

Ø Submission to the Greater Sydney Commission (as part of the Revised Draft North District Plan) in relation to affordable housing;

Ø Submission to the Parliamentary Inquiry into Commuter Car Parking in New South Wales, which highlighted the importance of commuter parking in reducing vehicle congestion and trips;

Ø Submission in December 2017 on the Revised Draft Greater Sydney Region Plan 2056 including the aligned Future Transport Plan 2056 and Revised Draft North District Plan 2056.

Ø Finalisation of the Ku-ring-gai Destination Management Plan in August 2017;

Ø Highly successful community planning sessions were held in October and November as part of the review of the Community Strategic Plan 2030;

Ø Council’s 2016-2017 Annual Report was published, including the 2013-2017 End of Term Report and 2013-2017 State of the Environment Report.

Summary of performance

At the end of the six month period from July to December 2017:

· Operational Plan Tasks - 92% (229) of the tasks were progressed to schedule at the end of December 2017 (indicated with a completed tick or green traffic light), 1% (4) were behind schedule (indicated with an amber traffic light) and 7% (17) were significantly behind schedule (indicated with a red traffic light). One task remains on hold.

· Critical Actions - 89% (110) were progressing to schedule (indicated with a green traffic light) with 8% (10) delayed (indicated with an amber traffic light) and 3 (3%) with more significant delays (indicated with a red traffic light) due to delays in contributing one year tasks. One critical action remains on hold.

Details of remedial action for those tasks and critical actions that were not progressing to schedule are provided in Attachment A1.

Task AND CRITICAL ACTION REMAINING ON HOLD

Council previously endorsed Critical Action P4.1.2.1 and Task P4.1.2.1.1 to be designated ‘on hold’ in the 2017-2018 Operational Plan until constraints to their progress were resolved. As further progress for Task P4.1.2.1.1 has not occurred and progress for Critical Action P4.1.2.1 has been very limited, it is recommended that they remain on hold for the current year, or until such time as they can be progressed.

Reasons for non-progression are listed below:

· Task P4.1.2.1.1 – Review a formal planning proposal from the owners of the St Ives Shopping Village when received.

Comment:

Council has taken all necessary steps to allow the initiation of a planning proposal by the owners of the St Ives Shopping Village. Further progression of this task cannot be undertaken until a formal planning proposal has been prepared and submitted to Council by the owners of the St Ives Shopping Village. It is recommended that this Task remain ‘on hold’ for the current year or until such time as the owners of the St Ives Shopping Village initiate a planning proposal for the centre. Council can then review the resources required to progress the task and critical action at that time.

· Critical Action Task P4.1.2.1. – Investigate a master planning process for the St Ives Centre and surrounding precincts.

Comment:

Progress of this critical action is limited until such time as a planning proposal is received from the owners of the St Ives Shopping Village. It is recommended that this critical action remain ‘on hold’ for the current year or until such time as a planning proposal is initiated for the centre. Council can then review the resources required to progress the task and critical action at that time.

TASKS RECOMMENDED FOR DEFERRAL OR ‘ON HOLD’ FOR 2017-2018

The following three tasks have been significantly delayed and cannot be further progressed in the current year. They are:

· Task N2.1.1.1.2 - Develop a Ku-ring-gai Natural Areas Plan of Management

Comment:

The development of a Ku-ring-gai Natural Areas Plan of Management to replace Council’s current Bushland Reserves Plan of Management has been significantly delayed due to competing work priorities over the reporting period. Due to continuing resource limitations for the remainder of 2017-2018 it is recommended that this task be deferred from the current Operational Plan and reconsidered for inclusion in the 2018-2019 year. Deferral of the task from the 2017-2018 Operational Plan will not affect Council’s ability to implement actions from its current Bushland Reserves Plan of Management.

· Task N1.1.2.1.5 - Conduct a comprehensive consultation program for Council’s Special Rate Variation application for the permanent continuation of the Environmental Levy.

AND

· Task N1.1.2.1.6 - Prepare a Special Rate Variation application under section 508(2) of the Local Government Act, 1993 for the permanent continuation of the Environmental Levy

Comment:

Timeframes have been adjusted for a proposed comprehensive consultation program for Council’s Special Rate Variation application for the permanent continuation of the Environmental Levy. This work is now proposed to be undertaken between July and November 2018. Council was briefed on the changes in October 2017. It is recommended that these two tasks be formally put on hold through the current Operational Plan 2017-2018.

NEW PROPOSED TASK

· Task T2.1.1.2.4 – Investigate and prepare a parking management strategy for Ku-ring-gai local centre projects.

Comment:

At its Ordinary Meeting of 14 November 2017 Council considered a report on the Lindfield Village Green and resolved in part:

E. That Council endorses the investigation of paid parking as a funding mechanism and parking management solution across all the local centre projects.

A task for the investigation was not included in the 2017- 2018 Operational Plan as part of that resolution. It is recommended that the above proposed task be inserted into the current 2017-2018 Operational Plan, reflecting Council’s resolution and enabling investigation of parking management options.

integrated planning and reporting

Leadership and Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

L3.1 - The organisation is recognised and distinguished by its ethical decision-making, efficient management, innovation and quality customer service.

L3.1.1 - Council’s integrity and operation effectiveness is continually being improved through its leadership, decision-making and policies.

L3.1.1.1.2 – Prepare Integrated Planning and Reporting documents and complete all statutory reporting required under the Local Government Act and Integrated Planning and Reporting framework.

Governance Matters

The NSW Division of Local Government’s Integrated Planning and Reporting guidelines and the Local Government Amendment (Planning and Reporting) Act, 2009, Section 404 of the Local Government Act, 1993 requires a progress report to be presented to the Council on the principal activities detailed in the Delivery Program and Operational Plan at least every six (6) months.

Risk Management

The preparation, reporting and consideration by Council on the progress of the Delivery Plan is undertaken every six (6) months, in compliance with legislative requirements.

Financial Considerations

There are no direct financial considerations associated with the adoption of the recommendations contained within this report. A separate report on the December second quarter budget review for 2017-2018 is included in the Business Paper for tonight’s meeting.

Social Considerations

There are no specific social impacts associated with the preparation of this report. The Delivery Program and Operational Plan are prepared to facilitate the delivery of the Community Strategic Plan (CSP). They contain actions and tasks designed to consider and deliver relevant programs in line with the objectives of the CSP, including social outcomes.

Environmental Considerations

There are no specific environmental impacts associated with the preparation of this report. The Delivery Program and Operational Plan are prepared to facilitate the delivery of the Community Strategic Plan (CSP). They contain actions and tasks designed to consider and deliver relevant programs in line with the objectives of the CSP, including environmental outcomes.

Community Consultation

No specific community consultation was required to be undertaken for the preparation of this report.

Internal Consultation

All Departments have provided status updates and comments on the progress of tasks and critical actions in the attached report.

Summary

The 2017-2018 Operational Plan is the fifth plan developed for Council’s current Delivery Program.

Comments on the progress of the Delivery Program 2013-2017 and Operational Plan 2017-2018 are reported bi-annually to Council. For the December bi-annual review this includes progress comments for one year tasks and four year critical actions under each theme or principal activity area for the reporting period and are included in Attachment A1.

Reasons for delays and proposed remedial actions for certain tasks and critical actions are also provided in Attachment A1. Recommendations related to specific tasks and critical actions are discussed in this report.

Recommendation:

A. That the six (6) month progress review of the Delivery Program 2013-2017 and Operational Plan 2017-2018, for the period July to December 2017, be received and noted.

B. That Task N2.1.1.1.2 – Develop a Ku-ring-gai Natural Areas Plan of Management, be deferred from the 2017 – 2018 Operational Plan.

C. That Task N1.1.2.1.5 - Conduct a comprehensive consultation program for Council’s Special Rate Variation application for the permanent continuation of the Environmental Levy, AND Task N1.1.2.1.6 - Prepare a Special Rate Variation application under section 508(2) of the Local Government Act, 1993 for the permanent continuation of the Environmental Levy, be placed on hold for the 2017-2018 Operational Plan.

D. That Critical Action P4.1.2.1 and Task P4.1.2.1.1, relating to submission of a formal planning proposal for St Ives Village Centre, remain on hold for the current 2017-2018 Operational Plan.

E. That a new Task T2.1.1.2.4 – Investigate and prepare a parking management strategy for Ku-ring-gai local centre projects, be included in the 2017 – 2018 Operational Plan.

Kim Thomas

Corporate Planner

Helen Lowndes

Integrated Planning Co-ordinator

Deborah Silva

Manager Integrated Planning, Property & Assets

Andrew Watson

Director Strategy & Environment

Attachments:

Delivery Program 2013-2017 and 2017-2018 Operational Plan - December 2017 - bi-annual report

2018/047808

Ordinary Meeting of Council - 27 February 2018	GB.9 / 91

Item GB.9	S06522/11
	9 February 2018

Council Submission on Draft Greener Places Policy

EXECUTIVE SUMMARY

purpose of report:	For Council to consider a submission on Greener Places - establishing an urban Green Infrastructure Policy for New South Wales (Office of Government Architect NSW).

background:	Greener Places is a Green Infrastructure Policy produced by the Office of the Government Architect NSW to guide the planning, design and delivery of Green Infrastructure in urban areas across NSW. The Policy is on public exhibition until 26 February 2018 and aims to create a healthier, more liveable and sustainable urban environment by improving community access to recreation and improving the resilience of urban areas. Council staff intend to present a submission by the due date, with a notification that the submission is subject to it being endorsed by Council at the Ordinary Meeting of Council on 27 February 2018.

comments:	This report sets out Council’s intended submission on Greener Places (Office of Government Architect NSW).

recommendation:	That Council endorses this submission on Greener Places (Government Architect NSW).

Purpose of Report

For Council to consider a submission on Greener Places - establishing an urban Green Infrastructure Policy for New South Wales (Office of Government Architect NSW).

Background

Greener Places is a Green Infrastructure Policy produced by the Office of the Government Architect NSW to guide the planning, design and delivery of Green Infrastructure in urban areas across NSW. The document is provided as Attachment A1 and is on public exhibition until 26 February 2018.

Green infrastructure is defined as the network of green spaces and water systems that deliver multiple environmental, economic and social values and benefits to urban communities.

The Policy aims to create a healthier, more liveable and sustainable urban environment by improving community access to recreation and exercise, supporting walking and cycling connections, and improving the resilience of urban areas.

Greener Places provides an overarching policy context for regional, district and local planning documents and sits alongside the strategic design policy Better Placed (a policy for NSW collective aspirations, needs and expectations in designing). The Policy will be supported by three manuals/toolkits that will describe the operational processes to implement the Policy:

· Open Space for Recreation – Green Infrastructure for People;

· Bushland and Waterways – Green Infrastructure for habitat and ecological health; and

· Urban Tree Canopy – Green Infrastructure for climate adaptation and resilience.

It is intended that the final Greener Places Policy will:

· inform and be integrated into Regional plans and State Infrastructure Contributions strategies.

· serve as a reference for strategic frameworks, master planning urban design, landscape architecture and architectural projects;

· provide principles that can help guide the determination of planning applications; and

· set out principles and measurable outcomes intended to be adopted by industry and government agencies, as well as by communities of NSW.

The Policy is on public exhibition until 26 February 2018. Council staff intend to present the submission contained within Attachment A2 of this report by the due date, with a notification that the submission is subject to it being endorsed by Council at the Ordinary Meeting of Council on 27 February 2018.

Comments

Ku-ring-gai Council’s intended submission is provided as Attachment A2. A summary of the key points and themes is provided below:

Whilst Council fully supports the aims of the Policy, it raises a number of concerns that unless addressed, may allow future infrastructure (even if it is Green) to contribute to the continuing decline in biodiversity assets within urban areas of NSW.

Introducing Greener Places

The Policy fails to adequately incorporate biodiversity within the Policy’s broader aims. In order to address the importance of biodiversity within our urban areas, both for their intrinsic value and the services they provide (pollination, control of pest species etc.), the aim of the Policy should be broadened to include “create a healthier, more liveable and sustainable urban environment by improving community access to recreation and exercise, supporting walking and cycling connections, and improving the resilience and biodiversity of urban areas (pg.10)”.

Future strategic growth (as directed by the Policy) needs to facilitate urban growth (including improved public recreation and transport) without sacrificing or further fragmenting our existing biodiversity resources. Remnant biodiversity, including core bushland and the plants, animals and fungi they support, are irreplaceable assets. It is imperative that they are not scarified in the quest to improve our built urban environments.

Creating Greener Places

The Policy outlines four key principles to which well-designed Green Infrastructure responds, namely: “INTEGRATION, CONNECTIVITY, MULTIFUNCTIONALITY and PARTICIPATION”.

It is suggested that PROTECTION be added as a fifth principal or that the “CONNECTIVITY” principal be refined to include the protection of core bushland / remnant areas and not just improved linkages. The addition of a new design action is recommended, being: “Protect and minimise fragmentation to core bushland and remnant vegetation areas (including threatened ecological communities)”.

To improve wildlife and plant viability (particularly in the face of climate change), it is imperative that reduction of barriers to fauna movement become a requirement for all new and upgraded infrastructure.

Whilst the some of the actions infer the creation of canopy, as does the Policy’s intention to provide manuals / toolkits and urban canopy cover monitoring and reporting, the Policy fails to clearly articulate the intention of improved canopy within Green Infrastructure, with the exception of “Balance recreational and functional requirements of parks with greening objectives to increase canopy cover” (INTEGRATION design action e).

Whilst the improved linking of greener areas (as addressed within the “CONNECTIVITY” principal) is without question a vital component to improving local biodiversity, sustainability and liveability it is important that the Policy encourages the protection of remnants and planning for Green Infrastructure outside of these strategically linked corridor areas.

It is imperative that if Green Infrastructure is to provide long term improvements within urban areas of NSW, the ongoing benefits, risks and maintenance of Green Infrastructure need to be considered throughout the infrastructure’s life cycle (including at a strategic and detailed design stage).

Implementing Greener Places

The following are recommended amendments to Section 3.4 (Enacting Principles):

PRINCIPLE 1 – INTEGRATION

· Creation of a new action to “collaborate with road and rail authorities to maximise the opportunity to deliver Green Infrastructure benefits along transport infrastructure”.

· Amendment to the existing action, to state “Ensure that strategic and local plans recognise and support natural assets such as National Parks, public bushland and waterways”.

PRINCIPLE 2 – CONNECTIVITY

· Amendment to the existing action to state “Protect and improve priority core bushland areas and green corridors”

· Creation of a new action that drives agencies to implement “improved vegetation and fauna connectivity along stormwater, gas and power easements, main roads and rail corridors”

· Creation of a new action that addresses the intention to improve or maintain urban canopy.

The inclusion of such information will support local strategies which seek to balance the need for canopy provision with the perceived increased risk from trees.

Council supports the additional requirements to consider green space within the strategic planning framework, established in the Environmental Planning and Assessment Act 1979. It is recommended that in order to facilitate such integration there be statutory requirements to address the Policy within State Significant Development, in the development of local strategic planning statements by Councils and when preparing planning proposals.

In order to improve the effectiveness of Greener Places, it is recommended that the Policy look to:

· set measurable actions and indicators regarding its implementation; and

· ensure the Policy’s integration with the Greater Sydney Commission’s five district plan’s planning priorities.

integrated planning and reporting

Places, Spaces & Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

A robust planning framework is in place to deliver quality design outcomes and maintain the identity and character of Ku-ring-gai.

Land use strategies, plans and processes are in place to effectively manage the impact new development.

Respond to State Government Planning initiatives and reforms- including the new planning legislation.

Governance Matters

Council currently seeks to implement a collaborative, multi-disciplinary approach for the creation of Green Infrastructure. For example, Ku-ring-gai’s Water Sensitive City Policy seeks to respond to the issues of water conservation, water security, flooding risks, degradation of urban waterways and rising temperatures in a way that enhances the liveability of Ku-ring-gai, including through the provision of Green Infrastructure.

Upon finalisation of this Policy, Council will seek to implement Greener Places within:

· the creation of local strategic planning statements;

· the preparation and assessment of planning proposals;

· future refinements / review of Councils local planning instruments (Local Environmental Plans and Development Control Plans); and

· Council polices, strategies, mater plans and urban precinct planning document. Including council’s proposed Urban Forest Strategy and Water Sensitive City Strategy.

Risk Management

The current lack of clear targets and detailed actions make it difficult for Council and other readers to fully comprehend and comment on how this Policy will impact upon the Ku-ring-gai Local Government Area (LGA).

Whilst this Policy goes a long way to improving competing interests between urban development and the protection of natural systems and biodiversity; the Policy’s failure to adequately incorporate the protection of remnant bushland and clearly articulate the maintenance or improvement requirements for canopy cover poses an ongoing risk for biodiversity assets across urban areas of NSW.

There is a risk that unless these issues are addressed, future infrastructure (even if it is Green), may lead to continued pressure and loss of biodiversity and canopy within urban areas of NSW.

Financial Considerations

There are no financial implications for Council as a result of this submission process.

The Policy identifies existing Green Infrastructure funding sources, including grant programs, Council Section 94 contributions plans and Special Infrastructure Contributions (SIC). It should be noted that no new funding sources are proposed.

Social Considerations

The Greener Places Policy has the potential to create a healthier, more liveable and sustainable urban environment and deliver multiple social values and benefits to urban communities across NSW, including improving community access to recreation and exercise and supporting walking and cycling connections.

Environmental Considerations

The Greener Places Policy has the potential to provide significant improvements to biodiversity and natural systems across NSW, provided that the concerns raised within Council’s submission are addressed.

Community Consultation

Community consultation has not been undertaken to inform this submission. However the public consultation for Greener Places is open to the community should they wish to respond directly to the Office of the Government Architect NSW.

Internal Consultation

The preparation of this submission has involved input from a range of staff across the Strategy and Environment, Development and Regulation and Operations departments.

Summary

The report sets out Council’s intended submission on Greener Places - establishing an urban Green Infrastructure Policy for New South Wales (Office of Government Architect NSW), to guide the planning, design and delivery of Green Infrastructure in urban areas across NSW).

Recommendation:

A. That Council endorses the submission on Greener Places - establishing an urban Green Infrastructure Policy for New South Wales (Office of Government Architect NSW);

B. That Council authorises the Director Strategy and Environment to make minor amendments to Council’s submission, if required, without altering the intent of the submission.

Penny Colyer

Team Leader - Natural Areas

Marnie Kikken

Manager Environment & Sustainability

Andrew Watson

Director Strategy & Environment

Attachments:	A1	Draft Greener Places Policy		2018/030124
	A2	Submission on the Draft Greener Places Policy		2018/030135

Ordinary Meeting of Council - 27 February 2018	GB.10 / 97

Item GB.10	88/05155/01-9
	15 February 2018

Dedication of Land for Public Road 75 Bobbin Head Road Turramurra

EXECUTIVE SUMMARY

purpose of report:	To seek Council approval to formally resolve the status of land adjacent to 75 Bobbin Head Road North Turramurra as public road.

background:	On 1 October 1929 Council resolved to acquire a small parcel of land being 76m² adjacent to 75 Bobbin Head Road, Turramurra, for road widening.

comments:	Since around 1940, Council’s land (Lot 1 DP183217) has functioned as a part of the constructed Bobbin Head Road.

recommendation:	That Council formally gazette Lot 1 DP183217 as a public road in accordance with Section 10 Roads Act 1993.

Purpose of Report

To seek Council approval to formally resolve the status of land adjacent to 75 Bobbin Head Road North Turramurra as public road.

Background

Circa 1924 to 1935 Council resumed the front portion of a number of properties along Bobbin Head Road for road widening (Attachment A1).

On 1 October 1929 Council resolved to acquire a small parcel of land being 76m² adjacent to 75 Bobbin Head Road, Turramurra, for road widening (refer Attachment A2). This is consistent with its earlier decision to widen Bobbin Head Road.

On 30 January 2018, the owner of 75 Bobbin Head Road, Turramurra (Subject Property) contacted Council staff to clarify advice received from their property valuer that their residential property appeared to be landlocked by a small parcel of Council owned land immediately in front of their land.

The Subject Property is identified as Lot 2 DP183217 and Council’s land is identified as Lot 1 DP183217 (refer Attachment A3 Location Map).

Council staff investigating the history associated with the widening of Bobbin Head Road identified that Council acquired Lot 1 DP183217 in 1929 for road widening. However, the dedication of the land as a public road was not formally processed.

This report seeks to resolve the status of Council’s land adjacent to 75 Bobbin Head Road, Turramurra as originally intended for public road.

Comments

Since around 1940, Council’s land (Lot 1 DP183217) has functioned as a part of the constructed Bobbin Head Road.

Council records do not reveal why the land was not formally dedicated and Council staff have assumed that it was an oversight at the time as there were a number of other properties affected by the road widening resumption.

It is only that the owner of 75 Bobbin head Road, Turramurra, which is adjacent to Council land is seeking to refinance that this has been brought to Council’s attention.

The process for Council to formalise the public road status of this part of Bobbin Head Road is through a resolution to formally gazette Lot 1 DP183217 as a public road in accordance with Section 10, Roads Act 1993.

integrated planning and reporting

Leadership and Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

The organisation is recognised and distinguished by its ethical decision-making, efficient management, innovation and quality customer service.

Council's Governance framework is developed to ensure probity, transparency and the principles of sustainability are integrated and applied into our policies, plans, guidelines and decision-making processes.

Comply with the requirements of the Local Government Act and Regulations.

Governance Matters

The process of dedicating land for public road is carried out in accordance with Section 10 Roads Act 1993;

Section 10 Land held by RMS or by councils

(1) RMS or a council may, by notice published in the Gazette, dedicate any land held by it (including land acquired by it under Division 1 of Part 12) as a public road.

(2) On the publication of the notice, the land is dedicated as a public road.

Risk Management

Resolving the status of land as public road will only formalise the function of the public road as resolved by Council in 1929, and remove any ambiguity for the owner of the adjoining property at 75 Bobbin Head Road, Turramurra.

Financial Considerations

There are nominal administrative costs to publish in the Government Gazette. These costs will be borne within existing budget allocations.

Social Considerations

Formalising the status of Council’s 79m² parcel of land as public road will provide certainty for the adjoining owner and allow them unfettered access to their property.

Environmental Considerations

There are no environmental impacts associated with this report.

Community Consultation

Upon resolution of Council a notice will be published in the Government Gazette.

Internal Consultation

Staff from Land Information Services, Operations and Strategy & Environment have carried out a review of historic Council records and contributed to the content of this report.

Summary

Between 1924 and 1935 Council resumed the front portion of a number of properties along Bobbin Head Road for road widening.

Consistent with the road widening resumptions Council resolved to acquire 76m² of land (Lot 1 DP183217) adjacent to 75 Bobbin Head Road, Turramurra, which has functioned as a part of the constructed Bobbin Head Road since approximately 1940.

Following an enquiry from the owner of 75 Bobbin Head Road, Turramurra, staff conducted an investigation of historic Council records and our land information system which revealed that Council still held title to the land identified as Lot 1 DP183217. However, Council records do not reveal why the land was not formally dedicated for public road, and Council staff have assumed that it was an oversight at the time.

This report seeks to resolve the status of Council’s land adjacent to 75 Bobbin Head Road, Turramurra as originally intended for public road.

Recommendation:

A. That Council formally gazette Lot 1 DP183217 as a public road in accordance with Section 10 Roads Act 1993.

Deborah Silva

Manager Integrated Planning, Property & Assets

Andrew Watson

Director Strategy & Environment

Attachments:	A1	Road resumption plan	2018/046589
	A2	Council Minutes 1929	2018/046590
	A3	Location Map	2018/046560

Ordinary Meeting of Council - 27 February 2018	GB.11 / 101

Item GB.11	S02294
	8 February 2018

Gordon Litter Report

EXECUTIVE SUMMARY

purpose of report:	Litter Improvement Program – Gordon Town Centre.

background:	A Notice of Motion was adopted by Council dated 12^th December 2017 which moved the following; A The relevant department (Waste Management – Operations) in conjunction with Business Engagement staff investigate socially based programs for litter reduction through liaison with local shopkeepers and community groups to further improve the cleanliness and tidiness of Gordon Town Centre. B. A joint report come back to Council on 27^th February 2018, providing the results of the investigation and any further measures taken by Council Departments, to promote pride of place in the Gordon Town Centre.

comments:	Gordon Town Centre has undergone a number of improvements to the street furniture provided for litter removal. A further anti-litter program will be rolled out involving banner installation, footpath decal installation graffiti removal and business engagement to underpin the upgrades in street furniture.

recommendation:	That Council receive and note this report.

Purpose of Report

Litter Improvement Program – Gordon Town Centre.

Background

A Notice of Motion was adopted by Council dated 12^th December 2017 which moved the following;

A. The relevant department (Waste Management – Operations) in conjunction with Business Engagement staff investigate socially based programs for litter reduction through liaison with local shopkeepers and community groups to further improve the cleanliness and tidiness of Gordon Town Centre.

B. A Joint Report come back to Council at the second OMC on 27^th February, providing the results of the investigation and any further measures taken by those Council Departments, to promote pride of place in the Gordon Town Centre.

In 2014 Council commenced a litter improvement program for the five (5) town centres of Wahroonga, Turramurra, Gordon, St Ives, Lindfield and Roseville. Litter assessments were conducted for each town centre and the areas measured as needing the most improvement were prioritised for improvement action. These included Wahroonga, Turramurra and St Ives town centres.

Measures taken to improve the litter count included:

· upgrading of street furniture (litter bins and mall seats);

· removal of graffiti and cleaning of hard surfaces; and

· consultation with Chambers of Commerce, local business organisations and individual shop keepers.

Installation of upgraded litter bins and mall seats throughout the town centres to date equates to:

· 153 litter bin upgrades;

· 18 new mall seats; and

· 160 metres of new chain wire fencing to capture litter before being wind blown into the Granny Springs Reserve at Turramurra.

Formal Litter Assessments conducted two (2) years after the upgrades at Wahroonga, Turramurra and St Ives have resulted in a 90% reduction in the litter counts sustained from 2014 to 2017.

Funding for this activity has been made available via the EPA`s Better Waste & Recycling Fund, Litter Free Wahroonga Grant funding and Waste and Sustainability Improvement Payment Program (WaSIP) with $592,429 spent between 2014 to 2017.

The EPA funding is for supporting the delivery of projects which improve infrastructure and community engagement that contributes to supporting the NSW Waste Avoidance & Resource Recovery Strategy. In the case of a project designed to reduce Litter the EPA`s “Hey Tosser” branding must be included in any community engagement.

The funding is not approved for supporting on-going operational activities such as maintenance, cleaning or other activities undertaken to maintain the locations.

Comments

Further progress for improving the appearance of the remaining town centres is now underway with the Gordon Town Centre being the next prioritised location when measured against Lindfield and Roseville Town Centres.

Gordon Town Centre is bounded by each side of the Pacific Highway between St Johns Avenue and Parks Avenue, Werona Ave Gordon and the State Railway line to the east.

The business engagement process for Gordon will be varied to suite the circumstances of this location as there is no central organisation such as an active Chamber of Commerce or other community based organisations that could assist with engaging business proprietors.

Business Engagement Actions – Gordon Town Centre

Recently 167 letters had been posted to businesses within the Gordon Town Centre which included a survey address to gauge their response to a proposal for participation in promoting and active cleaning of their business locations. To date only three (3) replies have been received. The respondents that did reply indicated the aesthetics, cleanliness and level of litter in the Gordon town centre is perceived poorly, and there is a willingness to support Council in reducing litter including taking steps to encourage their customers and staff not to litter.

Meetings with the three (3) major corporate entities’ involving Bunnings, MacDonald’s and the Gordon Centre are currently being undertaken to foster a partnership with Council in supporting anti-litter messaging, perimeter litter removal and bin cleaning including a focus on avoidance with cigarette butt litter from employees of these businesses. Feedback from meetings held to date have been positive showing a willingness to support Council’s initiatives to reduce litter in Gordon.

Council Actions to Support the Engagement Process

Twenty (22) litter bin upgrades have been competed along both sides of the Pacific Highway, St Johns Avenue including the bus interchange and taxis rank, Wade Lane and Park Avenue Gordon. Five (5) new mall seats have been replaced along the Pacific Highway. Further mall seating is proposed for Annie Forsyth Wyatt Reserve and the corner of Wade Lane and St John’s Avenue.

Anti-Litter banners will be erected fronting the Council Chambers in March to support the project.

A further banner will be erected in the laneway adjacent to Bunnings between the Pacific Highway and Wade Lane.

Footpath decals will be installed along the footpath at various locations within the town centre to promote the anti-littering message and direct the public to litter bin locations.

Upgrades will be done to the landscaping at Wade Lane carpark entrance adjacent to the railway station.

As well as the above actions, the EPA has announced the following campaign to further support the anti-littering messaging across NSW. The extract of the EPA`s announcement is as follows:

““The Tosser! campaign has been running very successfully since 2014 – it is now a message that 80% of people across NSW recognise, with a 94% approval of the message.

The EPA has reinvigorated the campaign for 2018 and highlighted the excuses we use for littering. How many of us have thought “it’s not a big deal, someone else will clean it up” or “The bin is too far away”? The new campaign asks us to reflect on our own behaviour and make the change not to litter. The campaign will be seen across NSW on TV, billboards, bus sides, radio and social media. Look out for it and support the campaign.”

And remember too that you can Report a Tosser! (littering from a vehicle) to the EPA and the EPA can issue a fine based on your report. Search Report to EPA to register and help spread the message that littering is not what we do here. It has been 3 years since the Report to EPA system was introduced in February 2015. In that time over 28,000 people have registered to report littering, over 38,000 reports have been received, and over 24, 000 fines have been issued by the EPA. All thanks to the community’s commitment to keeping our environment clean. For more information and answers to frequently asked questions, go to Report Littering

Council will support the EPA campaign using various communication mediums including social media and e-newsletters.

To further support civic pride in Gordon, Council is investigating piloting the Better Business Partnership’s I Love Local campaign later in 2018, targeting two (2) areas in Ku–ring-gai one of which will be Gordon. This Facebook based initiative is an opportunity for local community groups, residents and businesses to enhance the profile of local centres by highlighting events, initiatives etc. Council can also use the platform to deliver targeted information about local campaigns including anti-litter messages.

integrated planning and reporting

Places, Spaces & Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P8 Improving the standard of Infrastructure

Public Infrastructure & Assets are planned , managed & funded to meet community expectations and service levels

Litter / waste management

Governance Matters

Maintenance of public land and assets.

Risk Management

Minimal risk is forecast with this activity.

Financial Considerations

Funding for this activity is from the Better Waste and Recycling Grant Funding provided by the EPA NSW.

Social Considerations

Litter Improvement to the Gordon Town Centre will enhance the amenity and appearance of the centre.

Environmental Considerations

A reduction in litter will improve environmental outcomes and reduce litter from entering storm water.

Community Consultation

Business engagement is being undertaken to foster support for the litter improvement actions.

Internal Consultation

This program has been jointly carried out by Council`s Communications Department and staff from Operations - Waste Management.

Summary

Council has conducted litter improvement programs for Wahroonga, Turramurra and St Ives Town Centres with improved results achieved for the reduction in litter at these locations.

Council is in the process of implementing a litter reduction program in the Gordon Town Centre involving infrastructure upgrades and business engagement to support the work to improve the appearance and reduce litter in the Gordon Town Centre.

Funding for this activity is from the Better Waste and Recycling Grant Funding provided by the EPA NSW.

Based on the success of the previous town centre litter reduction programs, it is anticipated Gordon Town Centre will also achieve positive results in this area.

Recommendation:

That Council receive and note the report.

Colin Wright

Manager Waste

William Adames

Community & Business Engagement Co-ordinator

George Bounassif

Director Operations

Ordinary Meeting of Council - 27 February 2018	MM.1 / 23

Item MM.1	S11591
	7 February 2018

Ordinary Meeting of Council - 27 February 2018	MM.2 / 25

Item MM.2	S08654
	16 February 2018

Ordinary Meeting of Council - 27 February 2018	MM.3 / 27

Item MM.3	CY00455/6
	19 February 2018

Ordinary Meeting of Council - 27 February 2018	NM.1 / 106

Item NM.1	CY00538/2
	9 February 2018

Ordinary Meeting of Council - 27 February 2018	NM.2 / 108

Item NM.2	S10078
	16 February 2018

Ordinary Meeting of Council - 27 February 2018	NM.3 / 110

Item NM.3	88/05627/01
	19 February 2018