Agenda of Ordinary Meeting of Council

Ordinary Meeting of Council

TO BE HELD ON Tuesday, 28 July 2020 AT 7:00pm

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

The Livestream can be viewed here:

http://www.kmc.nsw.gov.au/Your_Council/Meetings/Council_Meeting_livestream

Disclaimer: All Ku-ring-gai Council Ordinary Meetings of Council are livestreamed for on-demand viewing on the KMC website. Although Council will do its best to ensure the public is excluded from the livestream, Council cannot guarantee a person’s image and/or voice won’t be broadcast. Accordingly, attendance at Council meetings is considered consent by a person for their image and/or voice to be webcast. Council accepts no liability for any damage that may result from defamatory comments made by persons attending meetings. As per clause 15.21 of Council’s Code of Meeting Practice, a person must not live stream or use an audio recorder, video camera, mobile phone or any other device to make a recording or photograph of the proceedings of a meeting of the council or a committee of the council without the prior authorisation of the council.

APOLOGIEs

DECLARATIONS OF INTEREST

Documents Circulated to Councillors

Confirmation of Reports to be Considered in Closed Meeting

NOTE:

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 following confidential report(s) and attachments:

NOTE:

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:

CONFIRMATION OF MINUTEs

Minutes of Ordinary Meeting of Council 9

File: S02131

Meeting held 30 June 2020

Minutes numbered 125 to 99

minutes from the Mayor

MM.1 Jennifer Harvey - Member of the Ku-ring-gai Heritage Committee 34

File: CY00413/8

I write this Mayoral Minute to acknowledge the contribution of Jennifer Harvey to the Council’s Heritage Advisory Committee and her longstanding contribution to preserving local heritage.

Mrs. Harvey recently found it necessary to resign from the Committee for personal reasons.

Mrs. Harvey has been the Ku-ring-gai Historical Society representative on the Committee since 2004.

During her 20 years with the Historical Society, which she joined in 2000, Mrs. Harvey served as its Vice-President from 2008 to 2013, President from 2013 to 2014 and co-editor, researcher and contributor to the Society’s publication called The Historian from 2003 to 2019.

She also served as a curator and archivist of the Society’s prolific collection of historical items about Ku-ring-gai, with her speciality being local built heritage.

She has been the recipient of several awards over the years including:

2006 - the Ku-ring-gai Historical Society’s Historian of the Year.

2009 - the Gem of Ku-ring-gai Award to recognise the work of women in our community to celebrate International Women’s Day.

2012 - the first recipient of the Ku-ring-gai Heritage Award presented on Australia Day that year. The award recognised the significant work done by Ms Harvey and her built heritage team at the Historical Society, and their contribution to the conservation and protection of heritage in Ku-ring-gai.

In recognition of her expertise and knowledge of built heritage, Mrs. Harvey was employed by NSW Railway Infrastructure to help research and co-write the statement of heritage impact for Gordon Railway Station. She was also instrumental in contributing design features for the recent installation of lifts and platform alterations at the station.

Jennifer Harvey was nominated as the Ku-ring-gai Historical Society’s member of Council’s Heritage Advisory Committee in 2004 and represented the Society until May 2020. She was a very valuable contributor to the Committee, identifying and promoting Ku-ring-gai’s heritage through major reviews, promoting the expansion of Ku-ring-gai’s heritage conservation areas and identifying new heritage items, particularly examples of post-World War Two housing.

Her countless hours of fastidious research and meticulous supporting documentation cannot be over-estimated.

On behalf of Council and her community, I thank Jennifer Harvey for her valued contribution to protecting Ku-ring-gai’s unique heritage. Her knowledge of and passion for Ku-ring-gai’s built environment will be greatly missed by her Committee colleagues.

Recommendation:

A. That the Mayoral Minute be received and noted.

B. That the Mayor write to Mrs Harvey thanking her for her valued contribution and enclosing a copy of this Mayoral Minute.

MM.2 Vale Loraine Unicomb - Doyenne of Ku-ring-gai's Netballing Community 36

File: CY00455/8

This Mayoral Minute is to mark the sad passing of one of Ku-ring-gai’s most dedicated netballers, Loraine Unicomb.

Loraine passed away in May this year, following a brave battle with cancer.

Loraine’s passion for netball was unstoppable and she was a powerful advocate for the sport she loved. As well as being President of the West Pymble Netball Club for the past seven years, she was a coach and grader for more than a decade. She also umpired many games as a badged umpire for the Ku-ring-gai Netball Association.

In addition to her commitment to local netball, Loraine was a great contributor to the wider Pymble community. In 2017 Ku-ring-gai Council recognised her voluntary efforts with a community service award and in 2018, she received the Lion’s Club of Ku-ring-gai award for services to sport.

The West Pymble Netball Club circulated this tribute to Loraine Unicomb following news of her death. ‘Her guiding philosophy was to make every member of our club feel part of the broader family, treated fairly and valued. It is her values that have shaped this club and we are going to deeply miss her guidance, her wisdom, her humour and care. The world would be a truly special place if we all could have the attitude and energy of Loraine. We have lost a special person, mother, club member, president.’

Last month the club paid tribute to her by setting up a memorial fence at the West Pymble netball courts. Friends and family placed flowers and tied pink, blue and yellow ribbons on the fence in a moving farewell to Loraine.

On behalf of the Council and the Ku-ring-gai community, I express my sincere condolences to Loraine’s family and many friends. May she rest in peace.

RECOMMENDATION:

A. That the Mayoral Minute be received and noted.

B. That we stand for a minute’s silence to honour Loraine Unicomb.

C. That the Mayor write to Mrs Unicomb’s family and enclose a copy of this Mayoral Minute.

Petitions

Recommendations from Committee

RC.1 Minutes of Ku-ring-gai Traffic Committee 4 May 2020 37

File: CY00022/12

Meeting held 4 May 2020

Minutes numbered KTC08 to KTC10.

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 Investment Report as at 30 June 2020 45

File: FY00623/3

To present Council’s investment portfolio performance for June 2020.

Recommendation:

That the summary of investments performance for June 2020 be received and noted; and that the Certificate of the Responsible Accounting Officer be noted and the report adopted.

GB.2 Progress Status Report - June 2020 53

File: FY00621/3

To provide Council with the Project Status Report reflecting results for April, May and June 2020

Recommendation:

That Council receive and note the Project Status Report for April, May and June 2020.

GB.3 Draft Ku-ring-gai Housing Strategy to 2036 - Consideration of Submissions and Local Centre Delivery Plans 58

File: S12728

For Council to consider the submissions received during the public exhibition of the draft Ku-ring-gai Housing Strategy to 2036.

For Council to adopt the Housing Strategy and Housing Delivery Plans for the provision of housing within the Local Centres of Turramurra, Gordon and Lindfield.

Recommendation:

That Council adopts the draft housing strategy, and it be submitted to the Department of Planning, Industry and Environment for approval.

That Council endorses the housing delivery plans as the basis for preparing a Stage 2 Planning Proposal

GB.4 Housing Strategy Implementation - Program and Funding 239

File: S12198

The purpose of this report is to:

· clarify the commitments that have been made to implement Council’s Local Strategic Planning Statement (LSPS); and

· to put forward an accelerated programme to prepare a Planning Proposal (PP) in accordance with Council’s draft Housing Strategy to meet targets set by the Department of Planning, Industry and Environment (DPIE) in the event Council wishes to do so.

Recommendation:

That Council notes the accelerated programme to prepare a Phase 2 Planning Proposal and that additional funding be identified in the September budget review.

GB.5 Draft Bushland Dumping and Encroachment Policy 250

File: CY00295/11

For Council to consider the update of the Bushland Dumping and Encroachment Policy 2020.

Recommendation:

That the Bushland Dumping and Encroachment Policy 2020 be exhibited for at least 28 days and reported back to Council.

GB.6 Minutes of the Flood Risk Management Committee December 2019 and June 2020 Meetings 269

File: S10746

For Council to consider and note the minutes of the Flood Risk Management Committee meeting held on 10 December 2019 (Attachment A1) and 16 June 2020 (Attachment A2).

Recommendation:

A. That Council receives and notes the Minutes of the Flood Risk Management Committee meetings held on 19 December 2019 (Attachment A1) and 16 June 2020 (Attachment A2).

B. That Council adopts the amended Flood Risk Management Committee Terms of Reference in Attachment A3.

GB.7 Climate Change Policy and Action Plan 286

File: S09069/10

For Council to adopt the exhibited Climate Change Policy 2020 and Towards Zero Emissions - 2030 Action Plan with the amendments as outlined in this report.

Recommendation:

A. That Council adopts the Climate Change Policy 2020 and Towards Zero Emissions 2030 Action Plan

B. That a copy of the Climate Change Policy 2020 and Towards Zero Emissions 2030 Action Plan be placed on Council’s website.

GB.8 Environmental Levy Grant Program -
Round 22 377

File: S04553/16

To seek Council’s endorsement to fund round twenty-two (22) of the Environmental Levy grants program.

Recommendation:

That Council endorses the recommendations of the Environmental Levy Grants Assessment Panel to fund fourteen (14) projects, totalling $54,954, under round twenty-two (22) of the Environmental Levy grants program.

GB.9 Heritage Home Grants - Financial Year 2020/2021 386

File: S11080

For Council to consider the recommendations from the Heritage Reference Committee (HRC) for the applications under the Heritage Home Grants (HHG) program for 2020/21.

Recommendation:

That Council approves the grant applications as set out in this report for the Heritage Home Fund 2020/21. That Council waives any applicable Minor Works approval fees required by successful funding recipients to undertake their projects. That Council considers increasing the funding pool available for the 2021/2022 Financial Year from $50,000 to $80,000.

GB.10 Proposed Heritage Listing - 6 Springdale Road Killara 404

File: S11660

To re-present the matter of the proposed heritage listing of 6 Springdale Road Killara on Schedule 5 of the Ku-ring-gai Local Environmental Plan 2015 following a site inspection by Councillors held on Friday, 17 July 2020.

Recommendation:

That a Planning Proposal be prepared to list 6 Springdale Road, Killara as an item of local heritage significance under KLEP 2015.

GB.11 Post Exhibition Consideration of Submissions- Planning Proposal and Site Specific DCP 45-47 Tennyson Avenue & 105 Eastern Road, Turramurra 517

File: S12120

To have Council consider the submissions received in response to the exhibition of the Planning Proposal and site specific DCP for 47-47 Tennyson Ave and 105 Eastern Road, Turramurra.

Recommendation:

That Council adopts the Planning Proposal and the site specific DCP for 45-47 Tennyson Avenue and 105 Eastern Road Turramurra.

GB.12 Recreation in Natural Areas - Environmental Advisory Group 653

File: S11290

To present Council with the draft Terms of Reference for the Recreation in Natural Areas – Environmental Advisory Group.

Recommendation:

That Council approves the draft Terms of Reference for the Recreation in Natural Areas – Environmental Advisory Group and calls for expressions of interest to form the Recreation in Natural Areas – Environmental Advisory Group.

Extra Reports Circulated to Meeting

BUSINESS WITHOUT NOTICE – SUBJECT TO CLAUSE 9.3 OF code of meeting practice

Questions With Notice

QN.1 Potential for a Drive-in at St Ives Showground 666

File: S10531

QN.2 Potential Council use of Electronic Advertising at Bus Shelters 668

File: S03552/19

InspectionS– 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, 30 June 2020

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 C Kay & 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 Urban & Heritage Planning (Antony Fabbro)

Team Leader Urban Planning (Craige Wyse)

Group Lead Major Projects (Geoffrey Douglas)

Manager Governance and Corporate Strategy (Michael Wearne)

Governance Support Officer/ Minutes Secretary (Rebecca Srbinovska)

The Meeting commenced at 7:06pm

The Mayor offered the Prayer

DECLARATIONS OF INTEREST

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

The following interests were declared:

The Mayor, Councillor Anderson declared a non-pecuniary, less than significant interest for Item GB.16. Up until 2016, she resided next door to the subject property whilst the former owner held ownership and as such, she will remain in the chair during debate of the item.

Director Watson declared a significant non-pecuniary interest for Item GB.3. Due to his specific statutory role in reporting a planning proposal to Council, he will leave the meeting so that he doesn’t listen to any debate on the matter.

DOCUMENTS CIRCULATED TO COUNCILLORS

The Mayor referred 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 Items:

MM.3 - Hornsby Ku-rin-gai Women's Shelter Fundraising
Appeal

Report by Mayor dated 29 June 2020

Memorandums:

GB.10 – SEPP (Housing for Seniors or People with a Disability)

2004 HCA Exemption

Memorandum from Director Strategy and Environment dated 29 June 2020 to the Mayor and Councillors attaching an amendment to legislation extending the moratorium date.

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/9

Resolved:

(Moved: Councillors Spencer/Kelly)

C.1 Covid-19 Related Rent Relief Package – Council’s Commercial and Community
Leasing Portfolio

In accordance with 10A(2)(b) and 10A(2)(d)(ii):

Attachment 1: Confidential Attachment – Rent Relief Package – Council’s
Commercial and Community Leasing Portfolio

GB.3 Lindfield Village Hub Tender Update

In accordance with 10(2)(d)(i) and 10(2)(d)(ii):

Attachment 1: Confidential Attachment A1 – Tender Evaluation Report

Attachment 2: Confidential Attachment A2 – Probity Report

Attachment 3: Confidential Attachment A3 – Finance Evaluation of Submitted
Tenders

GB.11 Proposal to Name Creeks Within Twin Creeks Reserve

In accordance with 10(2)(a):

Attachment 1: Peppermint and Water Dragon Creeks Name Proposal

GB.21 RFT4-2020 – NSROC Tender – Road Surfacing, Patching and Associated
Works

In accordance with 10(2)(d)(ii):

Attachment 1: NSROC RFT 2022 – Schedule 4 – Pricing Assessment

Attachment 2: NSROC RFT 2022 – Tender Evaluation Committee Report

GB.22 RFT5-2020 Abingdon Road Reserve Playground Upgrade

In accordance with 10(2)(d)(iii):

Attachment 1: RFT5-2020 List of Submitters

Attachment 2: RFT5-2020 Tender Evaluation Report

CARRIED UNANIMOUSLY

Councillor Greenfield arrived during discussion of this matter.

CONFIRMATION OF MINUTEs

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 19 May 2020

Minutes numbered 87 to 97

Resolved:

(Moved: Councillors Clarke/Smith)

That Minutes numbered 87 to 97 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

minutes from the Mayor

Local Government Motion of Support for Conservation and Land Management Stimulus Package

File: S11550

Vide: MM.1

This Mayoral Minute deals with the expected economic impact of COVID-19 and a proposed call to action for a stimulus package aimed at supporting regional and other areas.

It is clear that decisive action and unprecedented investment is needed to temper the worst social and economic impacts of this crisis.

Ku-ring-gai Council recognises the important measures taken by federal, state and territory governments to date in relation to the immediate health and economic threats posed by COVID-19.

As part of the post COVID-19 recovery phase, I am calling on Councillors to support a call to action for a Conservation and Land Management Stimulus Package led by federal and state governments.

Investment in a conservation and land management program presents important opportunities for safe, meaningful and socially beneficial work during a period of economic crisis. Such an initiative will also deliver enduring benefits for the environment, tourism and farm-based businesses.

There is currently scope for tens of thousands of skilled and unskilled workers to be employed in the conservation and land management sector in roles that are:

· practical and labour intensive;

· located in regional and metropolitan areas;

· appropriate for repurposing existing workforces which are under pressure, including tradespeople, workers in the tourism, fisheries and forestry sectors; and

· will not create long-term structural commitments in the budget.

Practical conservation activities that could be undertaken across public and private land include:

· increasing weed control efforts, focussed on containment and preventing spread;

· river and wetland restoration, including fencing, revegetation and erosion control;

· national park infrastructure, track maintenance and park management (fire, weeds, feral animals);

· bushfire recovery and resilience activities, including infrastructure repairs and habitat restoration;

· invasive animal control for feral species which impact on farming and threatened species;

· tree planting and habitat restoration in metropolitan, suburban and rural areas;

· funding for private land conservation, putting money in the hands of farmers and other land managers;

· coastal habitat restoration and monitoring, in partnership with the fishing industry and local communities;

· plastics and marine debris clean up, including research to inform future policy decisions; and

· funding for Indigenous rangers to deliver jobs directly to vulnerable communities using a proven model.

Ku-ring-gai Council notes that:

· Over 70 farming and conservation groups around Australia, including Landcare, the National Farmers Federation, NRM Regions Australia, the Australian Land Conservation Alliance and the Australian Association of Bush Regenerators, have come together to call on state and federal government to invest in a jobs-rich conservation and land management stimulus package as part of the economic response to COVID-19.

· Such a program presents important opportunities for safe, meaningful and socially beneficial work as part of the ‘bridge to recovery’, while leaving enduring benefits for the environment, tourism and farm businesses.

· Local councils play a pivotal role in delivering conservation and land management work such as controlling weeds, protecting and restoring habitat and managing public land and are ideally placed to manage a surge in effort for on-the-ground conservation work.

I recommend Council endorses this Mayoral Minute and the recommended actions below.

Resolved:

That:

A. Ku-ring-gai Council express its support for State and Federal government investment in a jobs-rich conservation and land management stimulus package as part of the economic response to COVID-19.

B. Ku-ring-gai Council write to our local Federal and State Members of Parliament expressing its support for this proposal and urging them to support it.

CARRIED UNANIMOUSLY

100

The Queen's Birthday Honours 2020

File: S02767

Vide: MM.2

I am pleased to inform you that 8 Ku-ring-gai citizens, through their outstanding achievements and services to the community, have been awarded 2020 Queen’s Birthday 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.

Mr Kenneth James BROADHEAD RFD OAM of Wahroonga, for service to the community

Mrs Julie FITZGERALD AM of Wahroonga, for significant service to netball as a coach, and as a mentor of sportswomen

Dr Catherine Patricia FOLEY PSM AO of St Ives Chase, for distinguished service to research science, to the advancement of women in physics, and to professional scientific organisations

Dr Jennifer (Jill) GORDON AM of Roseville, for significant service to psychological medicine, and to professional medical bodies

Mr Peter Andrew LANCKEN AM of Turramurra, for significant service to business, to the equipment hire and rental industry, and to the community

Mr Ian LANGFORD-BROWN AM of Killara, for significant service to youth through Scouts, and to the community of the North Shore

Dr Emily Helene MATTERS OAM of Lindfield, for service to education, and to professional associations

Ms Jenetta Helen RUSSELL OAM of North Turramurra, for service to the community, and to business

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

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

I would also like to congratulate Annabelle Daniel, CEO of Women’s Community Shelters who received the Medal of the Order of Australia (OAM) General Division “For service to women through social welfare initiatives”. Annabelle and her team have opened seven shelters since 2013 including the Hornsby Ku-ring-gai Women’s Shelter, where she has made and continues to make a substantial contribution in providing essential support for vulnerable women in our community.

Resolved:

That:

A. Council acknowledge the outstanding contribution made by these recipients of the Queen’s Birthday Honours 2020 to the Ku-ring-gai community and to the well-being of our society.

B. The Mayor, on behalf of Council, write to the recipients to congratulate them.

CARRIED UNANIMOUSLY

101

Hornsby Ku-rin-gai Women's Shelter Fundraising Appeal

File: FY00275/12

Vide: MM.3

I write this Mayoral Minute to seek Council's support of a mayoral fund donation for the Hornsby Ku-ring-gai Women’s Shelter.

The Shelter’s lease at its current premises will end in a matter of weeks. As a result a fundraising appeal has been launched to coincide with the end of the 2019-2020 financial year in an effort to find the Shelter a permanent home.

Called the Safe Place Appeal, the goal is to raise $200,000 by 30 June. The Appeal has the support of local branches of the Bendigo Bank at Turramurra and Lindfield, who have committed a $20,000 donation to kick start the campaign and are taking donations at their branches.

The ten day fundraising effort was to have ended on 28 June, but has been extended by a few days until the end of the financial year i.e. this evening.

At this point I would like to thank and acknowledge the local branches of the Bendigo Bank and those residents and businesses who have already pledged donations to this appeal.

Your support is invaluable and at this time of crisis in our community, has never been more needed.

As one of the original steering committee members of the Shelter and a current Patron, I am acutely aware of the need for a safe space on the North Shore for women affected by domestic violence. In the last year 321 incidents of domestic violence were reported in the local area and the Shelter has helped rehouse 46 women as a result.

A key constraint of the Shelter’s current accommodation is the lack of space for women who have children to be able to accompany them when they leave an unsafe situation. It is hoped a permanent home will help provide refuge for women and their children.

Through this Mayoral Minute, I am seeking Council’s approval for the remainder of my 2019-2020 mayoral donation budget to be donated to the Safe Place Appeal.

I am informed that $2964 remains in this budget and as we are now at the end of the financial year this amount remains unspent. Subject to Council approval, the amount can be transferred immediately to the Appeal’s account.

Resolved:

That Council approve the balance of the 2019-2020 Mayoral donation fund i.e. $2964 to be allocated to the Hornsby Ku-ring-gai Women’s Shelter Safe Place Appeal.

CARRIED UNANIMOUSLY

PETITIONS

102

Petition to clean up the Nature Strip outside 28-36 Dalton Road St Ives Chase

File: RT6/12

Vide: PT.1

Residents located around Dalton Road request Council to clean up the nature strip located outside the properties of 28 to 36 Dalton Rd St Ives Chase. This overgrowth has been an unsightly and dangerous part of this busy road for some years. The road width along this area is greatly reduced placing all pedestrians, bicycle riders and pets in danger as they walk down the road to reach the only footpath next to the service station. The road is also reduced to one lane only for traffic when vehicles are parked adjacent for a section approximately 80 metres. (68 signatures).

Resolved:

(Moved: Councillors Smith/Kay)

That the petition be received and referred to the appropriate Officer of Council for attention.

CARRIED UNANIMOUSLY

GENERAL BUSINESS

103

6 Springdale Road, Killara - Heritage Listing

File: S11660

Vide: GB.16

To have Council consider 6 Springdale Road, Killara as a potential heritage item under the Ku-ring-gai Local Environmental Plan 2015 (‘KLEP2015’).

Resolved:

(Moved: Councillors Kelly/Spencer)

That further consideration of this matter be deferred pending an inspection of the subject site.

For the Resolution: Councillors Greenfield, Kay, Ngai, Kelly, Pettett and Spencer.

Against the Resolution: The Mayor, Councillor Anderson, Councillors Clarke, Smith and Szatow.

104

Revised Community Participation Plan

File: S12564/2

Vide: GB.1

To seek Council approval to publically exhibit the amended Community Participation Plan

Resolved:

(Moved: Councillors Clarke/Smith)

That:

A. The draft amended Ku-ring-gai Community Participation Plan be placed on public exhibition for a minimum of 28 days.

B. A report be brought back to Council following the completion of the exhibition period outline the outcomes of the community feedback and with a final Community Participation Plan for Council’s consideration.

CARRIED UNANIMOUSLY

105

Spring Flowers Celebration

File: S05898

Vide: GB.2

To report on the 2019 Spring Flowers Celebration Pilot and to outline suggested plans for the 2020 initiative.

Resolved:

(Moved: Councillors Clarke/Smith)

A. That Council receive and note this report.

B. That Council endorse an annual Spring Flowers Celebration of Ku-ring-gai commencing in 2020.

CARRIED UNANIMOUSLY

106

Lindfield Village Hub Tender Update

File: RFT5-2019/E

Vide: GB.3

This report provides an update on the Lindfield Village Hub tender and seeks Council endorsement on the next steps in the procurement of the project

Resolved:

(Moved: Councillors Clarke/Ngai)

That:

A. Pursuant to section 178 (1) (b) of the Local Government (General) Regulation 2005 (NSW), to decline to accept any tenders received in response to tender RFT5-2019 advertised on 4 December 2019;

B. Pursuant to section 178(3)(e) of the Local Government (General) Regulation 2005 (NSW), enter into negotiations with any possible providers with a view to entering into a contract in relation to the subject matter of tender RFT5-2019 issued to selected tenderers on 4 December 2019;

C. Pursuant to section 178 (4) (a) of the Local Government (General) Regulation 2005 (NSW), to decline to invite fresh tenders or applications as referred to in sections 178(3)(b) to (d) inclusive for the following reasons:

(a) The tenders received in relation to the Lindfield Village Hub Project demonstrated that, due to the significant complexity of the Project and prevailing social and economic conditions, it is unlikely a further tender or application process conducted under the Local Government Act 1993 (NSW) will result in conforming tenders capable of acceptance (including from the tenderers who responded to the original request for tender).

(b) The range and variation of the non-conformances in the tenders received demonstrated that it would not be reasonably possible to reformulate a tender or application process on terms satisfactory to Council which would be likely to result in conforming tenders capable of acceptance (including from the tenderers who responded to the original request for tender).

D. Pursuant to section 178(4)(b) of the Local Government (General) Regulation 2005 (NSW), the Council’s reasons for determining to enter into negotiations with the persons referred to in (B) above are as follows:

(a) The selective tendering method conducted by Council has confirmed that there are two or more high quality and motivated parties interested in entering into a contract with Council in relation to the subject matter of the tender.

(b) A competitive negotiation process between with one or more high quality and motivated parties is likely to promote a value for money outcome.

(c) A negotiation process will provide Council with an appropriately flexible basis for engaging with the market to identify and address matters raised by the market within a framework which is acceptable to Council, and thereby deliver the most advantageous outcome for the Lindfield Village Hub Project and the Community.

E. The General Manager be delegated authority to conduct the negotiations referred to in (D) above which must be conducted over a period of no more than 3 months, and report the outcomes of those negotiations to Council by no later than October 2020.

CARRIED UNANIMOUSLY

107

Draft Revised Delivery Program 2018-2021 and Operational Plan 2020-2021 - Post Exhibition

File: FY00382/12

Vide: GB.4

For Council to adopt the Revised Delivery Program 2018-2021 and Operational Plan 2020-2021, incorporating the Budget, Capital Works Program, Statement of Revenue Policy and Fees and Charges for 2020-2021.

Resolved:

(Moved: Councillors Clarke/Greenfield)

That:

A. Council adopt the Revised Delivery Program 2018-2021 and Operational Plan 2020-2021, incorporating the Budget, Capital Works Program, Statement of Revenue Policy and Fees and Charges for 2020-2021, with recommended changes discussed in this report.

B. An ordinary rate in the dollar of $0.00063258 on the unimproved capital value of all rateable land categorised as residential in the Council area be made for the period of 1 July 2020 to 30 June 2021.

C. An ordinary rate in the dollar of $0.00334068 on the unimproved capital value of all rateable land categorised as business in the Council area be made for the period of 1 July 2020 to 30 June 2021.

D. The minimum ordinary rate for both residential and business be set at $554.00 for the period 1 July 2020 to 30 June 2021.

E. An infrastructure - primary rate in the dollar of $0.00029019 on the unimproved capital value of all rateable land categorised as residential or business in the Council area, with a $283 base amount be made for the period of 1 July 2020 to 30 June 2021.

F. An infrastructure special rate in the dollar of $0.00003457 on the unimproved capital value of all rateable land categorised as residential or business in the Council area, with a $33 base amount be made for the period of 1 July 2020 to 30 June 2021.

G. An environmental special rate in the dollar of $0.00007107 on the unimproved capital value of all rateable land categorised as residential or business in the Council area, with a zero base amount, be made for the period of 1 July 2020 to 30 June 2021.

H. The voluntary pensioner rebate be granted to all eligible pensioners as a flat percentage of 8.5% of total rates and charges in 2020 - 2021.

I. Council write to those people who made submissions in relation to the exhibited draft Revised Delivery Program 2018-2021and draft Operational Plan 2020-2021.

CARRIED UNANIMOUSLY

108

Councillor Access to Information, Interactions with Staff and Records Management Policy

File: S04882

Vide: GB.5

To inform Council of the draft Councillor Access to Information, Interactions with Staff and Records Management Policy (Attachment 1). This new draft policy will be a merger of the ‘Councillor Access to Information and Interaction with Staff Policy’ with the ‘Records Management for Councillors Policy’.

Resolved:

(Moved: Councillors Clarke/Greenfield)

That:

A. The draft Councillor Access to Information, Interactions with Staff and Records Management Policy be placed on public exhibition for a period of 28 days.

B. At the expiration of the public exhibition process, the following action be taken:

i) Should any submissions be received regarding the draft Councillor Access to Information, Interactions with Staff and Records Management Policy, a further report be submitted to Council, or

ii) Should no submissions be received, Council adopt the draft Councillor Access to Information, Interactions with Staff and Records Management Policy attached as Attachment 1 to this report.

CARRIED UNANIMOUSLY

109

Investment Report as at 31 May 2020

File: FY00623/2

Vide: GB.6

To present Council’s investment portfolio performance for May 2020.

Resolved:

(Moved: Councillors Clarke/Greenfield)

That:

A. The summary of investments and performance for May 2020 be received and noted.

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

CARRIED UNANIMOUSLY

110

Mayor and Councillor Fees - 2020/2021 Local Government Remuneration Tribunal Report and Determination

File: S11705

Vide: GB.7

To determine the Mayor and Councillor fees for the 2020/21 financial year.

Resolved:

(Moved: Councillors Clarke/Smith)

That effective 1 July 2020:

A. The annual Councillor fee be set at $25,790; and

B. The annual Mayoral fee to be set at $68,530 in addition to the Councillor fee.

CARRIED UNANIMOUSLY

111

Postponement of the September 2020 Local Government Elections and Reinstatement of the September Public Forum

File: CY00438/8

Vide: GB.8

To advise Council of the postponement of the September 2020 Local Government Elections and to seek Council’s endorsement to hold a September Public Forum session.

Resolved:

(Moved: Councillors Clarke/Kay)

That Council note the postponement of the September 2020 Local Government Elections and adopt the revised Council Meeting and Public Forum dates as follows:

July
21 July 2020	Public Forum
28 July 2020	Ordinary Meeting of Council
August
18 August 2020	Public Forum
25 August 2020	Ordinary Meeting of Council
September
15 September 2020	Public Forum
22 September 2020	Ordinary Meeting of Council
October
13 October 2020	Public Forum
20 October 2020	Ordinary Meeting of Council
November
10 November 2020	Public Forum
17 November 2020	Ordinary Meeting of Council
December
1 December 2020	Public Forum
8 December 2020	Ordinary Meeting of Council
February
9 February 2021	Public Forum
16 February 2021	Ordinary Meeting of Council

CARRIED UNANIMOUSLY

112

Draft Companion Animals Management Plan 2020 - 2025

File: CY00008/12

Vide: GB.9

To present Council the draft Ku-ring-gai Companion Animals Management Plan 2020-2025

Resolved:

(Moved: Councillors Clarke/Greenfield)

That the draft Companion Animals Management Plan 2020-2025 be placed on public exhibition for a period of 28 days and then be reported back to Council

CARRIED UNANIMOUSLY

113

SEPP(Housing for Seniors or People with a Disability) 2004 - Heritage Conservation Areas Exemption

File: CY00349/10

Vide: GB.10

To have Council consider a permanent exemption from SEPP (Housing for Seniors or People with a Disability) 2004 to applying to the Ku-ring-gai Heritage Conservation Areas.

Resolved:

(Moved: Councillors Clarke/Ngai)

That Council make a submission (based on the information in this report),

to the NSW Minister for Planning and Public Spaces requesting a permanent

exemption be made to the State Environmental Planning Policy (Housing for

Seniors and People with a Disability) 2004 from applying to Ku-ring-gai’s

Heritage Conservation Areas.

CARRIED UNANIMOUSLY

114

Proposal to Name Creeks within Twin Creeks Reserve

File: CY00422/8

Vide: GB.11

To inform Council of an application to name the creeks in Twin Creeks Reserve and seek approval from the Geographical Names Board (GNB).

Resolved:

(Moved: Councillors Clarke/Kay)

That:

A. Council endorse the proposal for “Peppermint Creek” for the northern creek (flowing from Mitchell Crescent), and “Water Dragon Creek” for the southern creek (from Rothwell Road).

B. Council formally lodge the proposed names through the NSW Place and Road Naming Proposal System on behalf of the applicant and promotes the advertising undertaken by the GNB on its website.

CARRIED UNANIMOUSLY

115

Review - Conditions on Gateway Determinations for 4 Pennant Avenue, Gordon and 47 Warrane Road, Roseville Chase

File: S11890

Vide: GB.13

To inform Council of the outcome of the request that the Department of Planning, Industry and Environment (DPI&E) undertake a ‘soft review’ and reconsider the conditions attached to the Gateway Determinations for 4 Pennant Avenue, Gordon and 47 Warrane Road, Roseville Chase.

Resolved:

(Moved: Councillors Clarke/Szatow)

That:

A. Council proceed with the Planning Proposals as per the Gateway Determinations issued by the Department of Planning, Industry and Environment on 17 February 2020.

B. In progressing the Planning Proposals with the R2 Low Density Residential zone for these sites, it will be made clear that Council considers an R3 Medium Density Residential zoning on the sites has sufficient justification and strategic merit, and an R3 zoning would be sought on the sites in the future.

C. Council reconsider the R3 Medium Density Residential zone on the sites, potentially as part of a wider Planning Proposal for the implementation of the Housing Strategy.

For the Resolution: The Mayor, Councillor Anderson, Councillors Clarke, Greenfield, Kay, Kelly Pettett, Spencer, Smith and Szatow.

Against the Resolution: Councillor Ngai.

116

Completion of Stage 1 - Scoping Study for the Hawkesbury - Nepean Coastal Management Program

File: S12059

Vide: GB.14

The purpose of this report is to present the recently completed Stage 1 - Scoping Study for the Hawkesbury-Nepean River Coastal Management Program (CMP), its findings and to outline the plan for progressing development of the whole of river system CMP.

Resolved:

(Moved: Councillors Clarke/Smith)

That:

A. Council note the completion of the Stage 1 - Scoping Study for the Hawkesbury-Nepean River Coastal Management Program.

B. Council endorse the findings and proposed approach of the Stage 1 - Scoping Study for the Hawkesbury-Nepean River Coastal Management Program and transition to Stage 2.

C. Council seek funding for development of the CMP through a grant application with partner councils.

CARRIED UNANIMOUSLY

117

Adoption of Bushfire Policy

File: S05914

Vide: GB.15

For Council to adopt the exhibited Bushfire Management Policy 2020.

Resolved:

(Moved: Councillors Clarke/Greenfield)

That:

A. Council adopt the Bushfire Management Policy 2020;

B. A copy of the Bushfire Management Policy 2020 be placed on Council’s website.

CARRIED UNANIMOUSLY

118

Prospective Site for Hockey at Barra Brui Sportsground, St Ives

File: S12027

Vide: GB.17

To update Council on the prospective site for hockey at Barra Brui Sportsground, St Ives.

Resolved:

(Moved: Councillors Clarke/Greenfield)

That:

A. Council support the progression of the project to the concept design and costing stage for a synthetic multi-purpose hockey facility and clubhouse upgrade at Barra Brui Sportsground immediately. This will be used to inform costings and the feasibility of project design options.

B. Council agree to project manage the delivery of the synthetic multi-purpose hockey facility and clubhouse upgrade under Part 5 of the Environmental Planning and Assessment Act 1979 should the project proceed.

C. Council note and endorse the Memorandum of Understanding between NSBHA and Council, including the preferred operational model of the facility.

D. Council approve a licence being entered into with NSBHA on the terms set out within this report, subject to A, B, C and Ministerial consent.

E. Council authorise the General Manager or authorised delegate to execute all documentation necessary in order to give effect to this resolution, including any relevant contractual matters.

CARRIED UNANIMOUSLY

119

Norman Griffiths Oval - Additional Flood Investigation

File: S07491

Vide: GB.18

This report addresses a Notice of Motion (NoM) from the Ordinary Meeting of Council (OCM) of 18 February 2020 from Councillor’s Spencer and Pettett - Proposed Synthetic Surface at Norman Griffiths, West Pymble.

Resolved:

(Moved: Councillors Clarke/Spencer)

That:

A. Council receive and note the Norman Griffiths Oval - Flood Risk Investigation Report 2020 prepared by BMT.

B. Information regarding mitigation of the existing risks identified in the report be forwarded to the Operations Department for action.

C. Council carrie out public consultation on the proposal to convert Norman Griffiths Oval to a synthetic surface based on an underground detention option.

D. A further report be presented to Council following public consultation including advice as to opportunities to fund the project shortfall of approximately $1.25 million utilising the Environmental Planning and Assessment (Local Infrastructure Contributions – Pooling of Contributions) Direction 2020.

CARRIED UNANIMOUSLY

120

St Ives Indoor Sports Complex Update

File: S12712-3

Vide: GB.19

To update Council on progress of the proposed joint use indoor sports centre at St Ives High School.

Resolved:

(Moved: Councillors Clarke/Smith)

That Council receive and note the project updates contained within this report.

CARRIED UNANIMOUSLY

121

Ku-ring-gai Council Infrastructure Contributions System Submission

File: S12758

Vide: GB.20

To have Council consider a submission on the reforms to the NSW Infrastructure Contributions System.

Resolved:

(Moved: Councillors Clarke/Greenfield)

That the final draft submission and covering letter by Ku-ring-gai Council on the latest proposed changes to the infrastructure contributions systems be received and noted.

CARRIED UNANIMOUSLY

122

RFT4-2020 - NSROC Tender - Road Surfacing, Patching and Associated Works

File: RFT4-2020/R

Vide: GB.21

To seek Council's approval to accept the Northern Sydney Regional Organisation of Councils (NSROC) Schedule of Rates Tender for road profiling, supply; supply and delivery; and supply, delivery and laying of asphaltic concrete, including associated road profiling and heavy patching and other work items for the 2020/2021 and 2021/2022 financial year periods.

Resolved:

(Moved: Councillors Clarke/Szatow)

That:

A. The tender rates submitted by Tenderer ‘G’ be accepted as the preferred contractor for profiling, supply, delivery and laying of asphaltic concrete for 2020/2021 and 2021/2022.

B. The tender rates submitted by Tenderer ‘B’ be accepted for excavation and heavy patching for 2020/2021 and 2021/2022.

C. Tender rates submitted by Tenderer C, Tenderer F and Tenderer G be accepted as the preferred contractors for the supply or supply and delivery of ex-bin asphaltic concrete for 2020/2021 and 2021/2022.

D. The tender rates submitted by Tenderer E and Tenderer S be accepted as preferred contractors for the provision of line marking services, and;

E. Authority be given to the Mayor and General Manager to affix the Common Seal of Council to the instrument for the Contract for the for supply; supply and delivery; and supply, delivery and laying of asphaltic concrete, including associated road profiling and heavy patching and other work items for the period 2020/2021 and 2021/2022.

CARRIED UNANIMOUSLY

123

RFT5-2020 Abingdon Road Reserve Playground Upgrade

File: RFT5-2020

Vide: GB.22

To consider the tenders received for Abingdon Road Reserve playground upgrade and to appoint the preferred tenderer.

Resolved:

(Moved: Councillors Clarke/Ngai)

That:

A. Council accept the tender submission from Tenderer ‘A’ to carry out the Abingdon Road Reserve playground upgrade.

B. The Mayor and General Manager be delegated authority to execute all tender documents on Council’s behalf in relation to the contract.

C. The Seal of Council be affixed to all necessary documents.

D. All tenderers be advised of Council’s decision in accordance with Clause 178 of the Local Government Tendering Regulation.

CARRIED UNANIMOUSLY

124

COVID-19 Related Rent Relief Package - Council's Commercial and Community Leasing Portfolio

File: S07209/2

Vide: C.1

In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in sections 10A(2)(b) & 10A(2)(d)(ii), of the Act, and should be dealt with in a part of the meeting closed to the public.

Section 10A(2)(b) of the Act permits the meeting to be closed to the public for business relating to the personal hardship of any resident or ratepayer.

Section 10A(2)(d) of the Act permits the meeting to be closed to the public for business relating to commercial information of a confidential nature that would, if disclosed:

(i) prejudice the commercial position of the person who supplied it, or

(ii) confer a commercial advantage on a competitor of Council, or

(iii) reveal a trade secret.

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

Report by Director Strategy & Environment dated 12 June 2020

Resolved:

(Moved: Councillors Smith/Spencer)

That:

A. Council endorse the actions outlined in this report.

B. Council authorise the General Manager or his authorised delegate to negotiate and finalise hardship applications, and execute all documentation necessary to give effect to this resolution.

CARRIED UNANIMOUSLY

125

Post exhibition Consideration of submissions Planning Proposal and Site-Specific DCP 45-47 Tennyson Avenue and 105 Eastern Road, Turramurra

File: S12120

Vide: GB.12

For Council to consider the submissions received in response to the public exhibition of the Planning Proposal and site-specific DCP for 45-47 Tennyson Avenue and 105 Eastern Road, Turramurra.

Motion:

(Moved: Councillors Clarke/Smith)

That:

A. Council adopt the Planning Proposal to amend the Ku-ring-gai Local Environmental Plan 2015 for 45-47 Tennyson Avenue and 105 Eastern Road, Turramurra to:

1. Rezone from R2 Low Density Residential to B1 Neighbourhood Centre; and

2. Remove minimum lot size development standard of 940sqm.

B. Council, as the local plan-making authority, exercises the functions under Section 3.36(2) of the Environmental Planning and Assessment Act 1979 and proceed to make the Plan under delegated authority.

C. Council adopt the Ku-ring-gai Development Control Plan amendment associated with the Planning Proposal, subject to the amendments outlined in Part 3 of this report. The Development Control Plan is to come into effect on the same date as the Planning Proposal.

D. Those persons who made submissions be notified of Council’s decision.

Procedural Motion:

(Moved: Councillors Ngai/ Spencer)

That the motion be now put.

The procedural motion was put and declared carried.

For the Procedural Motion: Councillors Ngai, Clarke, Pettett, Spencer, Greenfield, Szatow, Smith, Kelly and Kay

Against the Against: The Mayor, Councillor Anderson

CARRIED UNANIMOUSLY

The motion was put and declared LOST.

For the Resolution: The Mayor, Councillor Anderson, Councillors Clarke, Smith and Szatow.

Against the Resolution: Councillors Greenfield, Kelly, Kay, Ngai, Pettett and Spencer.

Foreshadowed Motion:

(Moved: Councillors Spencer/ Kay)

That:

A. Council, as the local plan-making authority and in accordance with Section 3.36(2)(b) of the Environmental Planning and Assessment Act 1979, resolve to not make the proposed Local Environmental Plan for 45-47 Tennyson Avenue and 105 Eastern Road, Turramurra to:

1. Rezone from R2 Low Density Residential to B1 Neighbourhood Centre; and

2. Remove minimum lot size development standard of 940sqm.

B. The reason for resolving A above is based on issues raised in submissions received during the public exhibition of the Planning Proposal.

C. Council make a request to the Minister to make a determination, pursuant to S3.35(4) of the Act, that the planning proposal not proceed.

D. Council notify the proponent in writing that the proposal is not supported and that the Local Environmental Plan will not be made.

E. Council not adopt the Ku-ring-gai Development Control Plan amendment associated with the Planning Proposal.

F. Those persons who made submissions be notified of Council’s decision.

The foreshadowed motion was put and declared LOST.

For the Resolution: Councillors Kelly, Kay, Ngai, Pettett and Spencer.

Against the Resolution: The Mayor, Councillor Anderson, Councillors Clarke, Greenfield, Smith and Szatow.

The voting being EQUAL, the Mayor exercised her

Casting Vote AGAINST the Foreshadowed Motion.

Accordingly, no decision was taken in respect of the above matter

as the Foreshadowed Motion when put to the vote was LOST.

Inspections– SETTING OF TIME, DATE AND RENDEZVOUS

GB.16 6 Springdale Road, Killara – Heritage Listing TBA

The Meeting closed at 8:46pm

The Minutes of the Ordinary Meeting of Council held on 30 June 2020 (Pages 1 - 25) were confirmed as a full and accurate record of proceedings on 28 July 2020.

__________________________ __________________________

General Manager Mayor / Chairperson

Minute Ku-ring-gai Council Page

MINUTES OF Ku-ring-gai Traffic Committee
HELD ON Monday, 4 May 2020

Present:	Ku-ring-gai Council (Councillor Cedric Spencer, Chairperson) Transport for NSW (Cameron McIntyre) Representing Member for Davidson (Mr Michael Lane) Representing Member for Ku-ring-gai (Mr David Ross) Ku-ring-gai Council (Councillor Peter Kelly, Deputy Chairperson) State Member for Ku-ring-gai (Alister Henskens) Representing Bike North (Ms Lyness Beavis) Representing Transdev Bus Company (Mr Steven Scott)

Staff Present:	Director Operations (George Bounassif) Manager Traffic and Transport (Mr Deva Thevaraja) Team Leader Traffic (Mr Michael Foskett) Strategic Transport Engineer (Mr Joseph Piccoli) Manager Regulation and Compliance (Anne Seaton) Team Leader Regulation (Tony McCormack) Administration Officer (Nala Redford)

Apologies:	Representing Police Local Area Command Kuring-gai (Snr Const Narelle Tomich) Representing Police Local Area Command North Shore (Sgt Ryan Edwards)

The Meeting commenced at 9.02am

DECLARATIONS OF INTEREST

No interest was declared.

CONFIRMATION OF MINUTEs

KTC08

Minutes of Ku-ring-gai Traffic Committee

File: CY00022/12

Meeting held 2 March 2020

Minutes numbered KTC04 to KTC07

Representing Member Davidson spoke on comments made in the minutes regarding speed cushions.

The Committee Recommends:

(Moved: Transport for NSW/Representing Member Davidson)

That Minutes numbered KTC04 to KTC07 were received and confirmed as an accurate record of the proceedings of the meeting.

CARRIED UNANIMOUSLY

GENERAL BUSINESS

KTC09	Fox Valley Road, Wahroonga - Proposed Intersection Treatment at Adventist School Entrance File: TM11/12 Vide: GB.1
	To consider the control mode for the new intersection of Fox Valley Road and the new access road to the Wahroonga Adventist School.
	The Committee’s Comments: Representative Bike North enquired if the new access point would be temporary or permanent. Strategic Transport Engineer confirmed that it would be a permanent access point to the school and added that there are some temporary arrangements at the moment through the hospital entrance. Representative Bike North enquired if the layout was based on the transport and traffic planning figures that were done in 2012. Strategic Transport Engineer advised traffic growth projections to the year 2036 and traffic growth from the remaining development of the Wahroonga Estate were included in the traffic models, and these recommendations are the result. Representative Bike North commented that there was no transport plan for cycling and walking. Strategic Transport Engineer advised that the documentation for Wahroonga State Concept Plan in 2010 did include supporting assessments for walking and cycling and is available on the Department of Planning website. Strategic Transport Engineer advised that a copy will be provided to the Representative Bike North. Strategic Transport Engineer provided background information on this item: The Wahroonga State Concept Plan was approved in 2010 with a series of road upgrades required to be delivered in various stages. He noted that development of the Wahroonga State Concept Plan is at point now where the School development is required to consider the access point into the School. In 2011 Council considered and adopted, in principle, a layout of the intersection which was based on the initial modelling that was done as part of the Concept Plan application. It had two travel lanes in each direction at the intersection and separate right turn bays. As the School’s development has progressed, an analysis has been done specifically regarding this. The School’s application was approved by the Department of Planning without dedicated right turn bays, which is what is being recommended. Performance-wise, both perform layouts effectively the same and there would be no material performance benefit in providing dedicated right turn bays. There was also a point in time discussions with RMS about the potential for a roundabout, and performance-wise a roundabout does work but the roundabout reduces traffic to one lane in each direction, conflicting with other overarching approvals in the Wahroonga Estate Concept Plan where two southbound travel lanes are required to be provided on Fox Valley Road from Pacific Highway to the site. At this stage, the recommendation is that a traffic signal intersection without dedicated right turn bays be supported in principle, and that Council formally write to TfNSW indicating that this is the preferred option. State Member for Ku-ring-gai expressed his support to this proposal and notes that the use of traffic lights has enhanced pedestrian safety features. There are some traffic lights quite close to this intersection which are the lights at the SAN Hospital entrance and assume those lights would be coordinated so they don’t have detrimental impact on the performance of Fox Valley Road. Representative Bike North advised that there is another set of lights between the hospital entrance and the next set of lights on Fox Valley Road. Strategic Transport Engineer provided a response noting that there are two traffic lanes in each direction, and if a vehicle is turning right it allows other vehicles to continue on. With a single lane roundabout, this would not be possible - vehicles have to queue behind that right turning vehicle. With the traffic signal arrangement, if a vehicle is turning right, through traffic can continue to flow. Transport for NSW advised that right turn bays would be beneficial at this site, however it would need to review the updated plans and the modelling that was provided. Strategic Transport Engineer advised the results indicated that there is very minimal performance benefit having a dedicated right turn lane versus a shared right turn and through lane, and suggested the traffic flows in 2036 would not be high enough to warrant dedicated right turn bays. State Member for Ku-ring-gai enquired if the original proposal would effectively be two through lanes and a right hand turning lane, that being the preferred option. Strategic Transport Engineer advised that was the original proposal, and noted that performance wise, a shared right turn and through lane, and dedicated right turn bays would operate the same, clarifying that dedicated right turn bays would have a minor incremental performance benefit. State Member for Ku-ring-gai noted this development was opposed by the then State Member of Parliament. The Member for Ku-ring-gai noted that the Wahroonga Estate is deriving financial benefits from the Concept Plan approval, and should bear the full costs associated with the road upgrades. He suggested cost benefit should not be a consideration, and the community should be seeking maximum benefit that would be provided by the original proposal which allows for dedicated right turn bays and two lanes for through traffic. The Member for Ku-ring-gai noted that the costs for road upgrades lie with the SAN Hospital, and his view was that the public interest should have priority, which was to provide maximum capacity on Fox Valley Road. He noted that Fox Valley Road was already an underperforming road, and he had received many complaints about its performance, and suggested intersection should not be configured in any way that would remove the opportunity to have two through lanes and dedicated right turn bays. Representing Member Davidson expressed his general support for State Member for Ku-ring-gai. State Member for Ku-ring-gai commented further that if Fox Valley Road had to be widened in the future to provide dedicated right bays, this would be at Council’s expense, and concluded that the Wahroonga Estate should provide dedicated right turn bays rather than defer the provision of dedicated right turn bays to a future point in time. Transport for NSW advised that the proposed updated plans without dedicated right hand bays could present future safety issues, by clarifying that without controlled right turns into the school or opposite the school, this could also lead to increases in right-through crashes, especially with the slight curve in Fox Valley Road at the intersection and the resulting line of sight. The Chairperson suggested that State Member for Ku-ring-gai put forward an amendment to the recommendation. Director Operations directed a question to Strategic Transport Engineer requesting clarification as to whether the 2 eastbound lanes merge into one lane on the departure side of the intersection, or whether the two traffic lanes continue easterly. Strategic Transport Engineer advised that the two eastbound lanes would merge into one lane beyond the intersection, noting that while the original condition of approval in the Wahroonga State Master Plan requires two southbound travel lanes on Fox Valley Road from Pacific Highway to the site, it doesn’t require two continuous travel lanes in the opposing direction. On the northern/western side, the 2 eastbound lanes lanes would give additional capacity at the intersection but beyond it traffic would return to a single lane heading towards Pacific Highway. Representative Bike North added comments to the travel lanes merging into one lane. State Member for Ku-ring-gai put forward an amendment to the recommendation.
	The Committee Recommends: (Moved: Transport for NSW / Seconder: State Member for Ku-ring-gai) A. That Council adopt (in-principle) a traffic signal control arrangement as per appendix one of business paper on Fox Valley Road as the preferred control mode and layout for the new intersection. B. That Council write to Transport for NSW expressing its support for the above mentioned intersection control mode and configuration, and seek in-principle concurrence/approval. CARRIED UNANIMOUSLY The above Resolution was CARRIED as an Amendment to the Original Recommendation. The Original Recommendation was: A. That Council adopt (in-principle) a traffic signal control arrangement comprising a 4 lane/2-way configuration on Fox Valley Road (without dedicated right turn bays) as the preferred control mode and layout for the new intersection. B. That Council write to Transport for NSW expressing its support for the abovementioned intersection control mode and configuration, and seek in-principle concurrence/approval.

KTC10	St Johns Avenue and Henry Street Gordon - Alterations to Parking Restrictions File: TM4/12 Vide: GB.2
	To seek approval for proposed changes to parking restrictions in St Johns Avenue and Henry Street following the adoption by Council of the final concept design for the St Johns Avenue Upgrade project.
	The Committee’s Comments: Strategic Transport Engineer provided brief background information on this item. State Member for Ku-ring-gai congratulated Council for this initiative and noted with the current COVID pandemic this proposal would be very positive in terms of the restaurants and food business recovering after the current crisis and encouraged Council to expedite the works. The Member for Ku-ring-gai requested clarification if right turns would be still permitted from St Johns Avenue into Henry Street. Strategic Transport Engineer responded that no change to the traffic conditions or turning movements at that intersection were proposed. State Member for Ku-ring-gai advised that he received feedback that when the original bus interchange constructed, this resulted in difficulties for buses manoeuvring in and out of the entrance of the interchange, and questioned whether TfNSW received feedback in terms of whether it was satisfied with the dimensions of the travel lanes. Transport for NSW advised that it was not aware of any information regarding access difficulties or issues regarding lane widths, but could seek clarification. Representative Transdev Bus Company provided comments on two issues. He noted that when buses turn left from Pacific Highway into St Johns Avenue, the turn is very tight. He also noted that buses previously were able to turn left out of the bus interchange to access Henry Street, which is no longer possible. This has impacted the buses that need to reach Werona Avenue, resulting in buses now having to return to Pacific Highway and travel easterly in Ravenswood Avenue to access Werona Avenue. Strategic Transport Engineer provided a response, noting that the proposal in St Johns Avenue to remove parking restrictions does not alter access arrangements from the bus interchange. The that was done with the design of the interchange. He also advised that the kerb return at the corner of Pacific Highway and St Johns Avenue has been modified as part of the concept plan, too improve left turns for buses. Representative Bike North requested clarification whether many vehicles use Church Hill Lane. State Member for Ku-ring-gai provided a response advising that Church Hill Lane is used by a number of the restaurants as a back entrance and loading bays, and in his view, it was not heavily used. Strategic Transport Engineer provided a further response advising that Council did not have detailed traffic counts in Church Hill Lane but, as State Member for Ku-ring-gai pointed out, it is primarily used for loading and unloading. He noted that Church Hill Lane was selected as an alternative cycle route to St Johns Avenue since St Johns Avenue is part of a bike route but it would be easier cycle in Church Hill Lane than St Johns Avenue. Representing Member Davidson commented that Church Hill Lane is not a through traffic area and is only for access to the properties, and it is safe place for people on bicycles. State Member for Ku-ring-gai commented that there were several potholes in the roadway in Church Hill Lane, indicating it could be hazardous for bicycles. Deputy Chairperson provided comments to the Committee advising that some of the shopkeepers are sceptical of the value of these changes because it removes the capacity from them for people to do a quick stop for food delivery services, and suggested Church Hill Lane would be used by those people that need a brief stop for takeaway food. I’m constantly seeing buses having trouble getting out of the Pacific Highway into St Johns Avenue and I’m hoping that medications of the footpath of the north eastern side of this intersection on St Johns Avenue will resolve that. Strategic Transport Engineer provided a response advising that Council are changing the parking restrictions in Henry Street where the current 15 minute parking is going to be drop off and pick up during peak times and 15 minutes parking all other times. There are three short stay parking spaces if they wanted to grab something and go, otherwise the off-set parking is in the Wade Lane car park. Director Operations provided a response advising that Churchill Lane will be resurfaced before the works, if it can’t be done due to the contactor utilising the lane for site establishment then it will certainly be resurfaced thereafter. State Member for Ku-ring-gai provided comments that Councillor Kelly raised a very good point about parking for short term parking for people to go and pick up their meals a bit closer. I hear what you say about Wade Lane parking, but is there any capacity in Henry Street to increase what you’ve currently allowed for three short term parking to some more. Strategic Transport Engineer provided a response advising that there may be some capacity further south. We can review and monitor to see how it goes and if there is any need for extension we can do that. State Member for Ku-ring-gai responded that I would encourage consider doing that as part of this plan, many of the places at the moment on St Johns Avenue are fast food type places. Big part of their trade is takeaway so I think we need to recognise that and have parking arrangements for that. Manager Traffic & Transport provided a response advising that increasing the short term parking in Henry Street can be considered under Traffic facility under Delegation of Authority (TDA) once this project is implemented. We can always go back and do observation and bring a report to TDA and get additional spaces. The Chairperson advised Manager Traffic & Transport to note of State Member for Ku-ring-gai’s suggestion for more short term parking spots. Representing Member Davidson commented on the raised roadway on wade lane and the roil kerb. Manager Traffic & Transport advised the raised road is part of Transport for NSW high pedestrian activity area program for Gordon and it is fully funded by TfNSW. The raised platform is recommended by TfNSW as part of their project. There are many complaints regarding vehicles turning left out of Wade Lane car park and this roil kerb is to guide them into Wade Lane and turn right preventing them going left. Deputy Chairperson added comments regarding vehicles ignoring the right turn only and turning left Strategic Transport Engineer provided comments regarding the raised roadway being a benefit due to the pick-up and drop off area being there and benefiting for the people who struggle with mobility.
	The Committee Recommends: (Moved: Councillor Spencer) That the following changes to parking and traffic conditions be approved, to support the concept design for St Johns Avenue Streetscape Upgrade: A. Removal of existing 1P restrictions (and kerbside parking spaces) in St Johns Avenue between Pacific Highway and Wade Lane; B. Modification of the existing 3 spaces in Henry Street from P15 parking restrictions to No Parking (“Kiss and Ride”) 6.30am-9.30am and from 3.30pm-6.30pm Mon-Fri, and P15 minute parking at all other times; C. Marking of cycle logos in Churchill Lane, to indicate an on-road/mixed traffic cycle route. CARRIED UNANIMOUSLY

general discussion

Representing Member Davidson suggested a close working relationship with Council regarding matters in the Davidson area.

Representative Bike North put forward a question: In light of the current COVID-19 crises, I ask that the walking & cycling or Active Transport Plan for Ku-ring-gai Council be reviewed and updated. Director Operations has taken the question on notice.

The Meeting closed at 10.09am

** ** ** ** ** **

Ordinary Meeting of Council - 28 July 2020	GB.3 / 76

Item GB.3	S12728

Draft Ku-ring-gai Housing Strategy to 2036 - Consideration of Submissions and Local Centre Delivery Plans

EXECUTIVE SUMMARY

purpose of report:	For Council to consider the submissions received during the public exhibition of the draft Ku-ring-gai Housing Strategy to 2036. For Council to adopt the Housing Strategy and Housing Delivery Plans for the provision of housing within the Local Centres of Turramurra, Gordon and Lindfield.

background:	As part of the Greater Sydney Commission’s strategic plans Greater Sydney Region Plan: A Metropolis of Three Cities and the North District Plan, all Sydney councils are required to prepare a local housing strategy for the period of 2016-2036. The draft Ku-ring-gai Housing Strategy to 2036 sets out a broad housing vision, and recommendations for housing provision in Ku-ring-gai for the 20 year period 2016-2036. The strategy was prepared with extensive evidence based research and community consultation.

comments:	The draft Ku-ring-gai Housing Strategy to 2036 was on public exhibition for a period of 6 weeks, from 26 March to 8 May 2020. 253 of submissions were received.

recommendation:	That Council adopts the draft housing strategy, and it be submitted to the Department of Planning, Industry and Environment for approval. That Council endorses the housing delivery plans as the basis for preparing a Stage 2 Planning Proposal

Purpose of Report

For Council to consider the submissions received during the public exhibition of the draft Ku-ring-gai Housing Strategy to 2036.

For Council to adopt the Housing Strategy and Housing Delivery Plans for the provision of housing within the Local Centres of Turramurra, Gordon and Lindfield.

Background

The Greater Sydney Commission’s (GSC) key strategic plans A Metropolis of Three Cities and the North District Plan include requirements for all Sydney councils to prepare a local housing strategy to address the strategic planning issues relating to future housing needs and outline how councils will accommodate population increase over the period of 2016-2036. The Ku-ring-gai Local Strategic Planning Statement (LSPS) includes actions to prepare a local housing strategy to inform long term delivery of housing across Ku-ring-gai. The LSPS was developed in a collaborative and often collegiate manner with the Greater Sydney Commission in a way not experienced by many councils in Metropolitan Sydney for some time. Were this not the case, Council may well have not secured some of the outcomes it did.

The draft housing strategy is essential for future strategic land use planning within Ku-ring-gai. The strategy enables Council to pro-actively manage the location, type and amount of housing to meet the changing needs of the community, as well as a growing community, over the next 20 years.

Council considered a report at OMC of 17 March 2020 on the preparation of the draft Ku-ring-gai Housing Strategy to 2036, and endorsed the draft for public exhibition.

Comments

1. Public Exhibition

The draft Ku-ring-gai Housing Strategy to 2036 was on public exhibition for a period of 6 weeks, from 26 March to 8 May 2020.

2. Submissions

A total of 253 submissions were received during the public exhibition period. An additional 10 late submissions were received after the close of the exhibition.

Submissions were received from:

· Ku-ring-gai residents;

· community groups such as FOKE, St Ives Progress Association and Support Lindfield;

· State Agencies, such as NSW Heritage and Transport for NSW;

· industry advocates such as Property Council of Australia;

· the Member for Ku-ring-gai and Member for Davidson; and

· architects and planning consultants on behalf of property owners seeking a rezoning.

A Submission Summary Table is included at Attachment A3, a State Agency Submission Summary Table is included at Attachment A4 and a Late Submission Summary Table is included at Attachment A5. These tables summarise the matters raised within the submissions, Council’s comments in response to the matters raised, and a notes whether changes be made to the draft Housing Strategy as a result. Some of the key matters raised within the submissions include:

· Population projections

Submissions opposed the projected population increases, noting it was unsustainable and undesirable. Concern was also raised with Federal and State governments promoting economic growth through population increases. Submissions suggested that the population projections should be reviewed and reduced given the impacts of the Covid-19 pandemic on migration. Some submissions also supported population increases, noting that it enabled the area to become more alive and spirited.

Response: The NSW 2019 Population Projections released by the Department of Planning, Industry and Environment (DPI&E) are not targets, they are based on assumptions that take into account trends for births, deaths and migration. Every Sydney metropolitan local government area is expected to experience population growth.

Council sought advice from DPI&E and GSC on the potential COVID-19 impacts on population projections and dwelling targets. Their responses are included at Attachments A1 and A2 and outline that Council is to continue to progress it local housing strategy having regard to the draft indicative housing range in the GSC’s LSPS Letter of Support, and the Department’s guidelines. DPI&E, along with other key agencies are monitoring the situation closely and are seeking advice from a range of experts to assess the longer-term population growth implications. Additionally, DPI&E has also just released the NSW Housing Strategy discussion paper, which recognises and reinforces the role of local government in delivering the housing need to support a stable housing market, which includes planning for a pipeline of housing that provides housing choice and responds to changing needs.

· Proposed dwelling increases and targets

Submissions raised concern with the proposed dwelling increase of 10,600. Submissions noted the historical dwelling target of 10,000 dwelling by 2031 has already been met, and that DPI&E and GSC need to recognise the past delivery of dwellings within Ku-ring-gai. Submissions noted that 2003 should be used as the starting point for new dwelling calculations, not 2016. A number of submissions made suggestions for a reduction in the future dwelling targets for Ku-ring-gai.

Submissions noted that there was capacity within Council’s existing planning controls, and it is Council’s responsibility to ensure the capacity under the current zonings is taken up.

Submissions outlined that Ku-ring-gai should be protected from being required to provide additional dwellings, noting that Mosman, Hunters Hill and other lower north shore local government areas are not required to accommodate increased dwellings.

Response: The previous 10,000 dwelling target for Ku-ring-gai was from the 2007 North Subregion Draft Subregional Strategy and Metropolitan Strategy put out by the previous NSW government. These strategic planning documents were superseded by the current NSW Government’s A Plan for Growing Sydney 2014, and the subsequently by the current A Metropolis of Three Cities – The Greater Sydney Region Plan and the North District Plan released by the GSC in 2018. Amendments to the Environmental Planning and Assessment Act 1979 in 2018 created a statutory requirement for Council to implement the new district plans.

The year 2016 is the starting point for A Metropolis of Three Cities – The Greater Sydney Region Plan and the North District Plan. The North District Plan stipulates delivery of 4,000 new dwellings within Ku-ring-gai during the 5 year period from 2016-2021. This effectively resets the housing delivery clock for Council, and supersedes the previous 10,000 dwelling target from 2007. This concept of resetting is long standing and well known, however a point of continual criticism. There is no reason to think that it will not similarly be applied in future.

A detailed assessment of dwelling yield capacity under existing controls across the local government area has been undertaken, and as of December 2019 the capacity was 2,680 dwellings. 3,143 dwellings have been delivered since 2016, and combined with the capacity under existing planning controls, it is considered sufficient to deliver the required 4,000 dwellings required. However, there is insufficient capacity to deliver the required 3,000-3,600 dwellings (as per the GSC LSPS Assurance Letter) in the 2021-2026 period.

Monitoring of the dwelling delivery at every 5-year period will ensure that where an excess or deficit of dwellings have been delivered in the previous period, the following 5 year period makes adjustments to the dwelling numbers to ensure they remain within the parameters of the 20-year delivery number to avoid over or under supply of housing.

Every Sydney metropolitan local government area is expected to experience population growth and an increase in associated implied dwelling projections, including Mosman and Hunters Hill.

· Housing diversity

Submissions supported housing diversity, mix of dwelling types and greater housing choice for both young families and seniors. It was noted that housing diversity should be responsive to the changing population. There was support particularly for low-medium density typologies such as townhouses, terraces, villas, manor houses, dual occupancies and granny flats.

Response: The support for greater housing diversity is noted. This feedback correlates with the community feedback received through the Local Strategic Planning Statement, and earlier, Council’s Community Strategic Plan, where it was made clear the community desire greater housing choice for all age groups. Further investigation needs to be undertaken to ensure that the delivery of this type of housing can be done in a way that will retain the local character, particularly noting the implications of the Low Rise Housing Diversity Code. Additionally, the delivery of this type of housing may not be feasible in certain local centres, due to the high land values, nor necessarily desirable in the context of local character.

· Affordable Housing

Submissions supported affordable housing for workers such as nurses, police and teachers. Submissions raised questions regarding how the strategy would ensure the delivery of affordable housing.

Response: The support for the provision of affordable housing within Ku-ring-gai is noted. As outlined in the Housing Strategy, a Housing Affordability Study will be prepared to determine the needs of residents and essential workers and a mechanism to determine appropriate locations for viable provision. The Housing Affordability Study will inform the potential for an Affordable Housing Contributions Plan.

· Design quality and sustainability

Submissions noted the need for a high standard of construction and design excellence for new development. Submissions also noted that there are currently insufficient sustainability requirements for high density developments.

Response: The draft housing strategy includes a Planning Priority H3 – Increasing liveability, sustainability and area character through high-quality design, and an associated actions to develop a design excellence mechanism to promote exceptional quality and innovation in the design and delivery of residential and mixed use buildings, and to investigate and develop mechanisms (including improved BASIX standards) to deliver sustainable housing that supports Council’s net-zero emission targets.

· Infrastructure

Submissions noted that infrastructure – roads, rail, bus, schools, open space and recreation, parking facilities, community facilities – are already at full capacity and are inadequate to support increased population. The submissions noted there has been no assessment of what additional infrastructure is required for the population increase and how it will be provided for in a timely manner. Submissions also requested that no changes to planning controls or zoning should be undertaken until infrastructure is funded and approved for delivery.

Response: The need for infrastructure to align with new development and forecast population growth is a key component of the GSC’s Greater Sydney Region Plan: A Metropolis of Three Cities and the North District Plan. The Ku-ring-gai LSPS highlights the importance of infrastructure provision to support new development, with Planning Priorities and Actions setting out how local infrastructure will be planned for to support growth and change in the Ku-ring-gai community. Council’s contribution plans will be reviewed to accommodate additional demand arising from population increases. It is important to note that Council cannot direct State Government to deliver State infrastructure, but can identify trigger points for the delivery of State infrastructure to facilitate both levels of government working together. The draft housing strategy, along with the LSPS, includes ongoing actions to advocate and collaborate with key infrastructure agencies (such as TfNSW, DPI&E, Department of Education and Department of Health) to ensure existing and planned infrastructure responds to demands in a timely manner.

· Heritage and Environment

Submissions raised concerns for heritage and environment protection and conservation, and that the strategy would negatively impact on Ku-ring-gai’s heritage and the need to protect Ku-ring-gai’s significant biodiversity assets and critically endangered ecological communities. Concerns were raised that the proposed delivery of additional dwellings would negatively impact on Ku-ring-gai’s tree cover and canopy.

Response: The potential for new housing in an existing area depends on a number of factors, some of the main ones being environmental and heritage constraints. Locations for future housing will seek to protect heritage, ecological and biodiversity values. As part of the capacity study constraints mapping, environmental constraints were identified relating to biodiversity, riparian land, slope and bushfire prone land, and identified no potential for additional housing within HCAs or for Heritage Items.

· Local character

Submissions highlighted a desire to preserve the unique visual, landscape and local character of Ku-ring-gai. Submissions outlined that Ku-ring-gai’s character depends on tree canopy, bushland, parkland and gardens and there were concerns for the loss of single dwelling, garden setting character of the area. Submissions noted the need to protect ‘local character areas’ that are not heritage conservation areas.

Response: The Ku-ring-gai LSPS includes an action requiring the preparation of a Local Character Study. Consultants have recently been appointed to undertake this study, which will identify the important visual and landscape elements of the LGA that need to be protected and enhanced. The study will identify a number of special character areas, and desired future character statements to inform amendments to the LEP and DCP. The Housing Strategy also includes Housing Priority H3 which seeks to facilitate high quality housing that is responsive to Ku-ring-gai’s local character.

· Locations for future housing

Submissions supported the approach to provide for additional dwellings within the primary local centres. It was recognised that the local centres have the capacity to accommodate additional dwellings and were appropriate locations with access to jobs, retail, public transport, open space and community infrastructure. It was highlighted that by providing higher dwellings along the Pacific Highway and near train stations, it would result in the smallest impact on the local character of suburbs and the number of residents.

Some submissions were of the view that the local centres should not be targeted with 100% of all new dwellings. Concerns were raised that focusing the delivery of new dwellings within the local centres would impact on the most heritage and natural environment, as well as further increasing congestion and stress on infrastructure.

Submissions suggested alternative options for the location of delivery of new dwellings, as follows:

· East and West Lindfield

· Killara, East Killara, Pymble and Roseville

· North St Ives

· Wahroonga and Warrawee

Response: The primary local centres of Gordon, Turramurra, and Lindfield have been identified as the best locations for provide additional housing as they provide the greatest level of access to public transport, provide the greatest level of access to retail, services and community infrastructure, and Council is planning to invest considerable funds to create new community infrastructure such as libraries, community centres, parks and civic spaces within these centres. The centres capacity analysis undertaken as part of the housing strategy indicates that there will be sufficient capacity within Turramurra, Lindfield and Gordon to accommodate the required 2021-2026 dwellings.

The capacity studies that inform the housing strategy use a place-based analysis that provides a local character response to guide future housing provision. The potential housing capacity within each centre takes into account environmental and cultural constraints or limitation to new housing, including heritage, biodiversity, riparian lands, slope and bushfire. Careful planning and detailed analysis at the site level will determine sites suitability for accommodate future housing.

The interest in additional housing development outside of four primary local centres is noted. However, as there are not planned upgrades or investment in community facilities in these centres, any additional housing in these locations will result in a continued reliance on the services provided in the primary local centres. The draft strategy notes that additional housing may be appropriate in neighbourhood centres such as North St Ives, Roseville Chase and West Gordon subject to the upgrade of public transport connections.

· Site specific rezoning requests

A number of submissions were received from property owners, or groups of properties requesting sites be rezoned to R3 Medium Density Residential, R4 High Density Residential or requested increases in the height and floor space ratio development standards applying to the sites.

Response: These site specific rezoning requests have been reviewed having regard for the constraints mapping, as well as consistency with the staged implementation plan for the housing strategy. Some sites due to their constraints or location are not suitable for additional housing. Sites where the submission is broadly supported in principle, will be subject to further detailed investigation to assess the suitability of the sites for additional housing. If sites are found to be suitable, then a suite of site-specific provisions and controls will be prepared for the site.

· Scenarios

Some submissions highlighted a most preferred or least preferred scenario for Local Centres of St Ives, Lindfield, Gordon and Turramurra which were set out in the Primary Local Centres Capacity Study.

Response: It is not possible to draw conclusions as to an overall preferred scenario because of the low number of submissions and views expressed were not consistent in nature. The consideration of public submissions, along with other factors will determine a preferred delivery outcome for the provision of additional housing in the primary local centres of Gordon, Turramurra and Lindfield. This is discussed in more detail below in Section 3. Local Centre Delivery Plans.

3. Local Centre Delivery Plans

Exhibited Scenarios

The housing strategy identifies four stages of housing provision from 2016 to 2036. Development scenarios were prepared and exhibited as part of the Local Centres Capacity Study (Appendix 3 of Housing Strategy) for the four primary local centres of Gordon, Turramurra, Lindfield and St Ives. The scenarios demonstrate how Council could meet the DPIE Implied Dwelling Projection of 10,660 dwellings over a 20-year period. The scenarios deliver a similar number of dwellings, and demonstrate different planning approaches by exploring different building heights, typologies and intensification.

· Scenario 1 – Spread – proposed to minimise height, by spreading new housing across the centres. This scenario offers the greatest housing diversity, however revitalisation of the retail core is a lower priority.

· Scenario 2 – Balanced – proposed intermediate approach, between scenario 1 and 3.

· Scenario 3 – Height – proposes to concentrate new dwellings as much as possible around train station and main roads, and seek to minimise the spread of new housing into existing residential areas.

Using these scenarios Council was able to demonstrate capacity across the four centres to deliver total yields in the order of 6,700 new dwellings, in addition to the 4,000 additional dwellings delivered under existing land use zones (Stage 1 2016-2021).

Stage 2 Planning Proposal (2021-2026)

The Greater Sydney Commission LSPS Assurance Letter requires Council to prepare a plan that will facilitate the delivery of 3,000-3,600 dwellings for the 2021-2026 period (otherwise known as Stage 2 Planning Proposal). As a first step, Council has prepared delivery plans for Turramurra, Gordon and Lindfield Local Centres. St Ives Local Centre has not been included consistent with the housing strategy proposed housing delivery stages (St Ives Stage 4 2031-2036 subject to the provision of a priority bus route from Mona Vale to Macquarie Park). The delivery plans will guide the preparation of future planning documents including LEP provisions, site-specific DCP controls, Public Domain Plans and Development Contributions Plans.

A report ‘Stage 2 Housing Delivery Plan (2021-26)’ in included at Attachment A6, and outlines the process undertake for the preparation of the Delivery Plans. Preparation of the delivery plans has involved consideration of a number of factors:

· Community and landowner submissions on the housing strategy and scenarios;

· priorities and actions within the Ku-ring-gai Local Strategic Planning Statement (LSPS);

· development constraints and development viability identified in the Local Centres Capacity Studies (Appendix 3 of Housing Strategy;

· forecast retail and commercial floor space demand across the centres as identified in the draft Ku-ring-gai Retail and Commercial Centres Strategy, 2019;

· The role and function of the centres, their physical conditions and recent development patterns

The following design principles summarise the considerations (Figure 1).

Figure 1 – Local Centre Delivery Plans – Design Principles

The resulting local centre delivery plans are shown in Figures 2, 3 and 4 below. Each delivery plan identifies:

· Location and extent of investigation areas for new housing in a range of forms including medium density residential (including manor houses, multi-occupancy and townhouses), high density residential and mixed use;

· net new dwelling yield factoring in a number of variables such as take-up rates, contingencies and viability;

· the mix and proportion of townhouses, multi-occupancy and apartments;

· net new retail GFA within mixed use areas; and

· infrastructure improvements including traffic and transport; pedestrian and cycle; parks and town squares; community facilities and streetscape.

Table 1 shows a summary of the Delivery Plans.

	Potential net new dwellings	Apartments % of total dwellings for centre	Town houses % of total dwellings for centre	Multi Occupancy % of total dwellings for centre	Potential net Retail GFA sqm
Gordon	1,300	93%	6%	1%	10,000
Turramurra	1,100	85%	4%	11%	16,000
Lindfield	745	74%	25%	1%	16,000

Table 1 – Summary of Delivery Plans – Dwelling Count, Mix and Retail GFA

It is noted that whilst the preparation of the Delivery Plans has factored in a number of variables the proposed dwelling count and mix is indicative only at this stage. Detailed site studies are required to ascertain actual site-specific delivery, taking into account any unforeseen constraints, interface or scale and topography effects. Final dwelling numbers and retail GFA is to be provided at the planning proposal stage following the detailed analysis required as part of that process.

Figure 2 - Lindfield Local Centre Delivery Plan

Figure 3 – Gordon Local Centre Delivery Plan

Figure 4 – Turramurra Local Centre Delivery Plan

Investigation out of local centre for medium density housing – Roseville Chase

The housing strategy includes the Action ‘Investigate opportunities for additional housing and supporting infrastructure outside Primary Local Centres’ for the 2021-2026, 2026-2031 and 2031-2036 timeframes. The staging of housing delivery set out as part of Stage 2 2021-2036 includes ‘medium density in “out of Local Centre” location (location to be confirmed, may include Neighbourhood Centres, subject to investigation and Council approval – selection of small test sites at appropriate locations’.

It is proposed to amend the housing strategy to identify Roseville Chase Neighbourhood Centre as the location for investigation for medium density housing within the 2021-2036 timeframe, for the following reasons:

· consistent with Ku-ring-gai LSPS – Roseville Chase neighbourhood centre is identified as a centre suitable for additional housing due to its location on an arterial road corridor, future transport infrastructure upgrades and is supported by retail and other services;

· existing public transport connectivity and 30 minute access – Roseville Chase neighbourhood centre currently has access to bus routes on the arterial road corridor which enables access to the strategic centres of Frenchs Forest, Chatswood, St Leonards, North Sydney and the Sydney CBD within 30min by public transport; and

· proposed public transport infrastructure upgrades – Transport for NSW’s Future Transport Strategy 2056 identifies Improved bus services between Northern Beaches and Chatswood as a major infrastructure upgrade for investigation (0-10yrs). Transport for NSW are currently investigating transport improvements linking Chatswood and Dee Why. Investigation of medium density housing in the Roseville Chase neighbourhood centre will be undertaken in consultation with TfNSW.

Further detailed analysis will be undertaken as part of the Planning Proposal process.

4. Amendments to the Draft Ku-ring-gai Housing Strategy

Amendments are proposed to the draft Ku-ring-gai Housing Strategy for the following reasons:

· Correction of minor errors;

· further refinement and or provision of additional detail;

· revisions as a result of matters raised during the public exhibition; and

· inclusion of revised scenarios for the delivery of additional housing in the Primary Local Centres of Gordon, Turramurra and Lindfield for the 2021-2026 period.

A Table of Amendments to the draft Ku-ring-gai Housing Strategy documents is included at Attachment A7.

The draft revised Ku-ring-gai Housing Strategy (header document) and Technical Document are included at Attachments A8 and A9.

5. Next Steps

The Housing Strategy is required to be submitted to DPI&E for approval. At the time of writing this report, no details of the approval process have been released.

Following the adoption of the housing strategy, work will commence on a Planning Proposal which will implement the stage 2 (6-10 year, 2021-2026) housing delivery of an additional 3,000-3600 new dwellings to be located in the local centres of Turramurra, Gordon and Lindfield.

There are a number of background studies which need to be prepared to support the implementation of the housing strategy through the Planning Proposal, including:

· Development feasibility analysis;

· traffic and transport studies for Turramurra, Lindfield and Gordon;

· urban design study place-based planning process including preparation of site-specific building envelopes for the three centres and design excellence guidance;

· preparation of medium density complying development model; and

· local character study.

The timing of the Stage 2 Planning Proposal is subject to a separate report to Council at OMC 28 July 2020 on the Housing Strategy Implementation – Program and Funding. The report sets out an accelerated programme to prepare and submit the Planning Proposal to DPI&E by July 2021, prior to the September 2021 local government elections.

integrated planning and reporting

Theme 3: 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

P2.1.1 Land use strategies , plans and processes are in place to effectively manage the impact of new development

P2.1.1.1 Commence development of plans and strategies as required by the Greater Sydney Commissions North District Plan.

C6.1 Housing diversity, adaptability and affordability is increased to support the needs of a changing community

C6.1.1 Council’s planning approach to the provision of housing across Ku-ring-gai is responsive and addresses the supply, choice and affordability needs of the community and the changing population

C6.1.1.1 Commence preparation of the Ku-ring-gai Local Housing Strategy.

C6.1.1.3 Investigate opportunities to provide a range of housing choices as part of the preparation of a Ku-ring-gai Housing Strategy

Governance Matters

For the preparation of the local housing strategy, Sydney councils are required to follow the structure and format set out by DPI&E in its Local Housing Strategy Template.

The housing strategy is required to be approved by DPI&E. The Department will consult with the GSC prior to approval, to ensure that GSC’s long term planning directions have been appropriately addressed in any local housing strategy. At the time of writing this report, detailed information on the approval process by DPI&E has not been released.

Risk Management

Council is required to prepare a local housing strategy under the North District Plan, and preparation of a local housing strategy is also identified as an Action under the recently adopted Ku-ring-gai LSPS. If Council fails to plan for future housing provision in accordance with State Government guidelines, the community will be at a disadvantage in terms of housing choice, affordability, revitalisation of centres, and protection of local character. State Government intervention in local planning is a potential risk of Council not meeting the required timeframes to implement the North District Plan.

Financial Considerations

The cost of preparing the draft Ku-ring-gai Housing Strategy was funded from the Urban Planning and Heritage budget.

A number of studies are required to support the draft Housing Strategy, and the subsequent Planning Proposal to implement the strategy, including:

· Development feasibility analysis;

· traffic and transport studies for Turramurra, Lindfield and Gordon;

· urban design study place-based planning process including preparation of site-specific building envelopes for the three centres and design excellence guidance;

· preparation of medium density complying development model; and

· local character study.

Should Council resolve to proceed with the accelerated programme, as set out in the separate report on the Housing Strategy Implementation Program and Funding to OMC 28 July 2020, additional funding will be required for the preparation of the above studies, with an estimate funding shortfall of $287,000.

Social Considerations

The draft housing strategy addresses social considerations for the future planning of Ku-ring-gai through the:

· Provision of additional housing to meet existing and future requirements of a growing and changing community;

· provision of diverse housing to accommodate the changing structure of families and households, and enable ageing in place; and

· consideration of housing affordability

Environmental Considerations

The draft housing strategy addresses environmental considerations for the future planning of Ku-ring-gai through Housing Priority 3, which seeks to increase liveability, sustainability and area character through high-quality design. The draft housing strategy includes an action to investigate and develop mechanisms, including improved BASIX standards, to deliver sustainable housing that supports Council’s net zero emission targets.

Community Consultation

Preparation of Draft Ku-ring-gai Housing Strategy

The preparation of the draft Ku-ring-gai Housing Strategy was informed by significant community engagement undertaken by Elton Consulting from October 2019-Februrary 2020, and included online and hard copy surveys, community sounding board group, focus groups, stakeholder interviews, community workshops, project webpages, advertisements, emails and e-news articles, social media, postcards, posters and newsletters. The Communications and Engagement Outcomes Report prepared by Elton Consulting forms Appendix 1 to the Draft Housing Strategy Technical Document.

Public Exhibition of Draft Ku-ring-gai Housing Strategy

The draft Ku-ring-gai Housing Strategy was placed on public exhibition for a period of 6 weeks, from 26 March to 8 May 2020. There is no statutory minimum period for the exhibition.

The engagement and promotion undertaken for the public exhibition of the draft Ku-ring-gai Housing Strategy to 2036 included the following:

· Advertisement in newspapers

- North Shore Times 26 March 2020

- Hornsby Advocate 25 March 2020

- Sydney Morning Herald 21 April 2020

- Daily Telegraph 23 April 2020

· Media Release (and published on news section of Council website) – issued 15 April 2020 advertising public exhibition.

· E-news – Sent to 31,806 subscribers

- April e-News 3 April 2020

- May e-News 7 May 2020

· Email – Sent to 354 contacts who had opted-in to be included on Housing Strategy database, and be updated on strategy progress.

- 26 March 2020

- 4 May 2020

· Facebook posts

- 17 April 2020

- 4 May 2020

· Web banner – across top of Council homepage advertising the public exhibition.

· ‘Have my say’ public exhibition page on Council website containing:

- Draft Ku-ring-gai Housing Strategy, Technical Document and Appendixes

- Supporting information including FAQs, one page summary, Council Report, LSPS and CSP and DPI&E Housing Strategy Guidelines and Template.

· Hard copy of exhibition documents provided at Customer Service (closed from 2 April 2020 due to Covid-19 restrictions). Hard copy or USB with electronic copy of the exhibition material were provided to residents where requested if they were unable to access documents online.

· Planning staff available to take community phone call enquiries during ordinary business hours.

Additionally, all councils in the North District, and relevant State Agencies were notified of the public exhibition and invited to provide feedback.

Covid-19

Correspondence was received during the public exhibition requesting an extension to the public exhibition period due to the disruptions caused by Covid-19 pandemic.

The housing strategy was on public exhibition for a period of 6 weeks, from 28 March to 8 May 2020. The public exhibition and ability of the community to review the documents and provide feedback has not been affected, with the documents available online for the entirety exhibition period. If people could not view the documents online, they were advised to contact Council to make other suitable arrangements to access the documents, with a number of printed copies and USB’s being provided to residents during this time.

DPI&E has identified planning as an essential function during the Covid-19 pandemic, and has made changes to the planning legislation through the COVID-19 Legislation Amendments (Emergency Measures) Act 2020, to ensure planning functions will still be carried out – such as removing the requirements for hard copy exhibition documents, and advertising in local papers. It is essential and expected that Councils will continue both DA assessment and strategic planning to ensure the continued productivity, investment and community wellbeing.

Internal Consultation

Throughout the preparation of and following the public exhibition of the draft housing strategy a number of councillor briefings have been held:

· 8 October 2019;

· 6 February 2020;

· 25 February 2020; and

· 17 June 2020.

Preparation of the housing strategy involved input and guidance from numerous specialist areas within Council, including urban planning, urban design, traffic, natural areas, heritage and environment.

Summary

The draft housing strategy was publically exhibited for 6 weeks, from 26 March – 8 May 2020. A total of 253 submissions were received during the exhibition period, and an additional 10 late submissions were received following the close of the exhibition.

Some of the key issues raised in the submissions include population projections; dwelling targets – both historic and future; support for housing diversity including medium density housing; affordable housing; design quality and sustainability of future developments; requirement for infrastructure to be provided with development and population increases; protection of heritage environment, and local character; support and opposition to the local centre approach as set out in the draft housing strategy

Delivery plans for the local centres of Gordon, Turramurra, and St Ives have been prepared which identify the location and extent of investigation areas for new housing in a range of forms, as well as new retail GFA, and infrastructure improvements. These delivery plans will guide the preparation of the Stage 2 Planning Proposal.

The housing strategy is required to be submitted to the Department of Planning, Industry and Environment for approval.

Recommendation:

A. That amendments to the draft Housing Strategy documents be made in accordance with Attachment A7 of this report.

B. That Council adopt the Housing Strategy (as amended).

C. That Council endorse the Housing Delivery Plans as the basis for preparing a Stage 2 Planning Proposal.

D. That the Housing Strategy (as amended) be submitted to the Department of Planning, Industry and Environment for approval.

E. That delegation be given to the General Manager and Director Strategy and Environment to correct any inconsistencies or errors in the Housing Strategy prior to submission to the Department of Planning, Industry and Environment.

Alexandra Plumb

Acting Senior Urban Planner

Craige Wyse

Team Leader Urban Planning

Bill Royal

Team Leader Urban Design

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1 ⇩	Letter from DPI&E - Housing Targets and Covid Impact		2020/190295
	A2 ⇩	GSC Response - Ku-Ring-Gail Housing Strategy Dwelling targets and Covid-19		2020/196846
	A3 ⇩	Submission Summary Table - Draft Housing Strategy		2020/197584
	A4 ⇩	State Agency Submission Summary Table - Draft Housing Strategy		2020/197583
	A5 ⇩	Late Submission Summary Table - Draft Housing Strategy		2020/197582
	A6 ⇩	Stage 2 Housing Delivery Plan (2021-26)		2020/196969
	A7 ⇩	Table of Amendments Housing Strategy - Amendments Post Public Exhibition		2020/197694
	A8	Housing Strategy Header Document - Revised July 2020 - Council Report	Excluded	2020/198547
	A9	Housing Strategy - Technical Document - Revised July 2020 - Council Report	Excluded	2020/198554

Ordinary Meeting of Council - 28 July 2020	GB.4 / 248

Item GB.4	S12198

Housing Strategy Implementation - Program and Funding

EXECUTIVE SUMMARY

purpose of report:	The purpose of this report is to: · clarify the commitments that have been made to implement Council’s Local Strategic Planning Statement (LSPS); and · to put forward an accelerated programme to prepare a Planning Proposal (PP) in accordance with Council’s draft Housing Strategy to meet targets set by the Department of Planning, Industry and Environment (DPIE) in the event Council wishes to do so.

background:	At this point in time, Council has essentially met all the commitments it has made in relation to implementation of the LSPS. Arising from debate and discussion at Council’s Ordinary Council Meeting of 19 May 2020, there appeared to be some misunderstanding as to what constitutes Council’s Phase 1 Planning Proposal and what constitutes Council’s Phase 2 commitments. The programme for implementation of the Housing Strategy, as reflected in the LSPS, was constructed such that the incumbent Council would make decisions in relation to the LSPS, Consolidating LEP (Phase 1 Planning Proposal) and the Housing Strategy in advance of the (then) scheduled 2020 local government elections. The incoming Council, based on September 2020 elections, would then be entirely responsible for the Phase 2 Planning Proposal in line with a full review of the LSPS. With the 2020 elections now postponed to September 2021 Council has the opportunity, if it wishes, to prepare the Phase 2 Planning Proposal which would involve implementing the draft Housing Strategy plans for the delivery of an additional 3,000 new dwellings in the 5 year period between 2021and 2026.

comments:	An accelerated programme to implement a Phase 2 Planning Proposal has a number of risks and benefits that need to be considered. A fast-tracked programme will also require additional funding for consultant studies that would ordinarily be prepared by staff.

recommendation:	That Council notes the accelerated programme to prepare a Phase 2 Planning Proposal and that additional funding be identified in the September budget review.

Purpose of Report

The purpose of this report is to:

· clarify the commitments that have been made to implement Council’s Local Strategic Planning Statement (LSPS); and

Background

At its meeting of 19 May 2020 Council considered a report in relation to the Turramurra Community Hub. Council in part resolved:

A. That the planning and development of the Turramurra Community Hub be paused for a period of up to 24 months pending the outcome of Ku-ring-gai Council’s comprehensive Local Environmental Plan.

This report sets out the programme and funding requirements to meet the timeframes reflected in that resolution of Council.

In March 2020 Council adopted its LSPS.

From an implementation perspective, the actions within the LSPS are assigned a delivery timeframe as follows:

· Short term – 2 years. This will align with the required LEP Amendment in 2021 to give effect to the LSPS and North District Plan.

· Medium term – 3 to 5 years. This will align with the planned first review of the Ku-ring-gai LSPS.

· Long term - 10+ years.

· Ongoing.

The short term actions as far as implementing amendments to Council’s planning instruments are substantially underway if not effectively complete:

Greater Sydney Commission LSPS Assurance Complete 4 March 2020

Adoption of the LSPS Complete 17 March 2020

Adoption of Housing Strategy for Exhibition Complete 17 March 2020

Adoption of PP for consolidating LEP Complete 17 March 2020

Submission of PP to DPIE for final approval Complete 20 March 2020

Exhibition of draft Housing Strategy Complete 8 May 2020

Assessment of Housing Strategy submissions Underway Anticipate OMC July

Adoption of consolidating DCP for exhibition Complete 19 May 2020

Exhibition of consolidating DCP Scheduled 4 June to 2 July 2020

The following table identifies the LSPS Actions associated with delivering a Phase 2 planning proposal.

LSPS Actions	Timeframes Short: 2 years Medium: 3-5 years Long: 10+ years Ongoing	Status	Timing	Funding (Y/N)
Undertake a Housing Strategy	Short	Public exhibition completed. Aiming to report to Council in July	2019/2020	Y
Investigate the capacity of Ku-ring-gai’s Primary and Secondary Local Centres and Neighbourhood Centres	Short + Medium + Long	Ongoing. Capacity of primary local centres investigated as part of Housing Strategy.	Ongoing	N
Conduct research including a Housing Needs Study	Short	Housing Needs Study completed as part of Housing Strategy	2019/2020	Y
Investigate appropriate locations for, and models of, medium density housing including a medium density complying development model	Short- Medium	Yet to commence	2020/2021	N
Undertake a Housing Affordability Study	Short	Yet to commence	2020/2021	N
Undertake a place-based planning process for the four primary local centres.	Short	Commenced. Engagement in relation to housing scenarios complete	ongoing	Y
Prepare Local Centre Structure Plans for the four primary local centres including locations for new housing.	Short	Draft Structure Plans prepared in LSPS. Final to be reported to Council in July 2020	2019/2020	Y
Prepare revised Public Domain Plans for the four primary local centres.	Short	Underway. Draft to be reported to Council in late 2020	2020/2021	Y
Prepare site-specific Development Control Plans for the primary local centres.	Short	Yet to commence. Would be included in Urban Design Study	2020/2021	N
Prepare urban design excellence policy and statutory provisions for local centres.	Short-medium	Yet to commence. Would be included in Urban Design Study	2020/2021	N
Define Ku-ring-gai’s unique visual and landscape character through community engagement.	Short	Commenced. To be undertaken as part of Local Character Study	2020/2021	Y
Undertake Local Character Study.	Short	Commenced. Study to be complete by end of 2020.	2020/2021	Y
Review and update Council’s S7.11 Contributions Plan 2010 and S7.12 Contributions Plan 2015	Short	Yet to commence	2020/2021	Y
Investigate the development of an Affordable Housing Contributions Plan under Section 7.2 of the EP&A Act.	Short – Medium	Yet to commence	2020/2021	Y
Review Integrated Transport Strategy to align with Future Transport 2056.	Short	Yet to commence.	2020/2021	N
Prepare Retail / Commercial Centres Strategy to align with population growth and address retail supply and demand in Ku-ring-gai.	Short	Draft Strategy almost complete. Need workshop with Councillors. Report to Council in August for adoption	2019/2020	Y
Prepare Employment Lands Study.	Short	Yet to commence. Commercial floor space requirements within centres investigated as part of Retail/Commercial Centres Strategy	2020/2021	Y
Investigation of Pymble Business Park to consider the current and future strategic role and function, floor space and land uses.	Short	Yet to commence. Some analysis included as part of the Retail/Commercial Centres Strategy	2020/2021	Y
Review biodiversity provisions	Short	Yet to commence	2020/2021	N
Review Greenweb mapping	Short	Yet to commence	2020/2021	N
Review Riparian Lands Mapping	Short	Yet to Commence	2020/2021	N
Seek to include and incentivise Design Excellence Mechanisms in the LEP and DCP.	short	Yet to commence	2020/2021	N
Prepare a revised Open Space Strategy.	Medium	Yet to commence	2021/2022	N
Undertake detailed analysis of areas and precincts, with identified gaps in open space provision, for potential locations for new parks.	Short	On-going. Recently completed studies for Pymble, Roseville and Gordon.	Ongoing	N

Council’s resolution of 19 May 2020 requires work contributing to the Phase 2 Planning Proposal to be reprogrammed and brought forward.

Comments

Background Studies to be prepared:

· Development feasibility analysis;

· traffic and transport studies for Turramurra, Lindfield and Gordon;

· urban design study place-based planning process including preparation of site-specific building envelopes for the three centres and design excellence guidance;

· preparation of medium density complying development model;

· local character study; and

· updated biodiversity mapping (TBC).

Proposed Programme

PROGRAMME A - FAST TRACK	Period	Date
STAGE 1 - Housing Strategy	12 weeks
Review public submissions and prepare revised Housing Scenarios		May-Jun 2020
Councillor briefing		16 Jun 2020
Finalise Housing Strategy and prepare Council report		Jun-Jul 2020
Council Meeting		28 July 2020
STAGE 2 - Background Studies	24 weeks
Engage consultants and prepare studies		Jun 2020 - Jan 2021
STAGE 3 - Draft Planning Proposal	7 weeks
Prepare Planning Proposal		Feb-Mar 2021
Council Briefing (TBC)		End of Mar 2021
STAGE 4 - Draft Planning Proposal Approvals	16 weeks
Prepare Council Report		Apr-May 2021
Council Meeting (TBC)		May 2021
Prepare KLPP Report
KLPP Meeting (TBC)		June 2021
Prepare Council Report
Council Meeting (TBC)		July 2021
STAGE 6 - Gateway	1 week
Submit Planning Proposal to DPIE for Gateway approval		Jul 2021

To enable a draft Planning Proposal (Phase 2) to be completed and submitted to DPIE prior to the Caretaker Period, before the September 2021 elections, there is absolutely no room for slippage, including at Council decision making points. Attachment A1 includes a visual representation of the Fast Track programme.

PROGRAMME B – STAGED PROGRAMME	Period	Date
STAGE 1 - Housing Strategy	12 weeks
Review public submissions and prepare revised Housing Scenarios		May-Jun 2020
Councillor briefing		16 Jun 2020
Finalise Housing Strategy and prepare Council report		Jun-Jul 2020
Council Meeting		28 July 2020
STAGE 2 - Background Studies	32 weeks
Engage consultants and prepare studies		Jun 2020 – Apr 2021
STAGE 3 - Planning Proposal Update Report	6 weeks
Councillor briefing (TBC)		Apr 2021
Prepare Council report/Public forum		Apr – May 2021
Council Meeting (TBC)		May 2021
STAGE 4 - Draft Planning Proposal	16 weeks
Prepare Planning Proposal		Jun-Sep 2021
Council Briefing (TBC)		Oct 2021
STAGE 5 - Draft Planning Proposal Approvals	18 weeks
Prepare Council Report		Oct-Nov 2021
Council Meeting (TBC)		Nov 2021
Prepare KLPP Report
KLPP Meeting (TBC)		Dec 2021
Prepare Council Report
Council Meeting (TBC)		Feb 2022
STAGE 6 - Gateway	1 week
Submit Planning Proposal to DPIE for Gateway approval		Feb 2021

This staged programme would see the current Council endorse the background studies by end of June 2021. The draft planning proposal would be finalised by the incoming Council in early 2022.

Attachment A2 includes a visual representation of the Programme B - Staged Programme.

integrated planning and reporting

Theme – 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

P2.1.1 Land use strategies, plans and processes are in place to effectively manage the impact of new development

P2.1.1.1 Commence development of plans and strategies as required by the Greater Sydney Commission’s North District Plan.

Governance Matters

Council has adopted and is now required to implement the North District Plan through the Ku-ring-gai Local Strategic Planning Statement in collaboration with Council, DPIE and the Greater Sydney Commission.

Risk Management

Council is required to implement its Local Strategic Planning Statement, failure to delivery could affect Council’s reputation and State Government intervention could result. Doing this work in a timely manner avoids would see key resolutions made prior to the next local government elections in September 2021.

To enable a draft Planning Proposal (Phase 2) to be completed and submitted to DPIE prior to the Caretaker Period, before the September 2021 elections, there is absolutely no room for programme slippage, including at Council decision making points.

Financial Considerations

Current budget for strategic planning for FY2020 comprises:

Local Strategic Planning Statement preparation $34,700

Local Strategic Planning Statement Implementation $50,000

Housing Strategy $338,000

Ku-ring-gai Employment Lands Study $80,600

Town Centre & Urban Design $120,300

Retail & Commercial Centres Strategy $139,000

TOTAL $762,600

Expenditure to date and forecast carry-overs:

Carry forward - Ku-ring-gai Employment Lands Study $80,600

Current budget for strategic planning for FY2021 comprises:

Urban Design and Planning Studies $323,000

LSPS Implementation $200,000

Traffic Studies $100,000

TOTAL $623,000

As noted in the comments section there are six background studies that are required to support a Planning Proposal.

Estimate of costs for background studies including consultant fees and staff project management costs:

Traffic and Transport Study – Gordon $100,000

Traffic and Transport Study – Lindfield $100,000

Development Feasibility Analysis $100,000

Built Form Modelling $200,000

Missing Middle Guidelines $150,000

Local Character Study $180,000

TOTAL $830,000

TOTAL with 10% contingency $910,000

An estimate of total funding shortfall to deliver fast-tracked programme is $287,000. This is not available within the draft 2020/2021 Strategy and Environment budget and would have to be identified in the September budget review, noting that the works would have been commissioned by that time.

Social Considerations

There are no social considerations arising directly from this report. The Ku-ring-gai Local Strategic Planning Statement and the draft Ku-ring-gai Housing Strategy have considered this matter in depth.

Environmental Considerations

There are no environmental considerations arising directly from this report. The Ku-ring-gai Local Strategic Planning Statement and the draft Ku-ring-gai Housing Strategy have considered this matter in depth.

Community Consultation

This report does not require community consultation. Preparation of the Ku-ring-gai Local Strategic Planning Statement and the draft Ku-ring-gai Housing Strategy involved extensive community engagement.

Internal Consultation

A report was submitted to the General Managers and Directors (GMD) meeting on 29 May 2020 outlining the implications of a fast-tracked process and requisite additional funding. This report draws substantially on that report to GMD.

Summary

With the 2020 elections now postponed to September 2021 the incumbent Council has the opportunity, if it wishes, to prepare a Phase 2 Planning Proposal which would involve implementing the draft Housing Strategy plans for the delivery of an additional 3,000 new dwellings in the 5 year period between 2021 and 2026. The new housing would be located within the local centres of Turramurra, Gordon and Lindfield consistent with the draft Housing Strategy.

An accelerated programme to implement a Phase 2 Planning Proposal will have a number of risks and benefits. The key benefit is that Council will have the opportunity to control the outcome of the Phase 2 Planning Proposal and submit the plan for Gateway Determination.

The key risk is that there is absolutely no room for programme slippage, including at Council decision making points identified in the programme attached to this report, to enable a draft Planning Proposal (Phase 2) to be completed and submitted to DPIE prior to the Caretaker Period, before the September 2021 elections.

The alternative Proposed Program B - Staged Programme will allow additional time for the series of studies and plans to be prepared and considered and undergo public consultation where required.

Both programmes will also require additional funding for consultant to prepare the required six background studies to support a Planning Proposal and a there is an estimated funding shortfall of approximately $287,000.

Staff preferred approach is Program B Stage Approach

Recommendation:

A. That Council endorse Programme A – Fast Track to complete a Phase 2 Planning Proposal and submit to DPIE for Gateway.

That Council endorses Programme B – Staged programme to complete a Phase 2 Planning Proposal and submit to DPIE for Gateway.

B. That additional funds be identified at the September budget review to allow currently unfunded elements of the project to be funded.

Bill Royal

Team Leader Urban Design

Craige Wyse

Team Leader Urban Planning

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1 ⇩	Planning Proposal Project Program A - Fast Tracked		2020/158691
	A2 ⇩	Planning Proposal Project Program B - Staged		2020/199587

Ordinary Meeting of Council - 28 July 2020	GB.6 / 275

Item GB.6	S10746

Minutes of the Flood Risk Management Committee December 2019 and June 2020 Meetings

EXECUTIVE SUMMARY

purpose of report:	For Council to consider and note the minutes of the Flood Risk Management Committee meeting held on 10 December 2019 (Attachment A1) and 16 June 2020 (Attachment A2).

background:	The Flood Risk Management Committee, an advisory committee of Council, is an essential step in the NSW Government’s floodplain risk management process, as per the NSW Floodplain Development Manual (2005).

comments:	At the meeting held on 10 December 2019 the Flood Risk Management Committee business paper report discussed the following items: 1. Update to the Code of Conduct; 2. Draft Flood Prone Land Policy and Revised Blackbutt Creek Flood Planning Area Public Exhibition; and 3. Other Flood Project Updates. At the meeting held on 16 June 2020 the Flood Risk Management Committee business paper report discussed the following items: 1. Proposed update to the Flood Risk Management Committee Terms of Reference; 2. Update on the Norman Griffiths Oval Flood Investigations; and 3. Other Flood Project Updates.

recommendation:	A. That Council receives and notes the Minutes of the Flood Risk Management Committee meetings held on 19 December 2019 (Attachment A1) and 16 June 2020 (Attachment A2). B. That Council adopts the amended Flood Risk Management Committee Terms of Reference in Attachment A3.

Purpose of Report

For Council to consider and note the minutes of the Flood Risk Management Committee meeting held on 10 December 2019 (Attachment A1) and 16 June 2020 (Attachment A2).

Background

The Flood Risk Management Committee, an advisory committee of Council, is an essential step in the NSW Government’s floodplain risk management process, as per the NSW Floodplain Development Manual (2005).

Comments

At the meeting held on 10 December 2019 the Flood Risk Management Committee business paper report discussed the following items:

1. Update to the Code of Conduct

The committee was provided an update on the key changes in the updated Code of Conduct, adopted by Council on 19 April 2019.

Key changes include:

· Pecuniary interest provisions - previously in the LG Act 1993;

· new standards regarding discrimination, harassment, bullying, behaviour at meetings and work health and safety;

· new rules regarding access to information/maintaining Council records; and

· new rules re accepting gifts, including mandatory reporting.

The committee resolved to review and note the new Code of Conduct.

2. Draft Flood Prone Land Policy and Revised Blackbutt Creek Flood Planning Area Public Exhibition

The Draft Flood Prone Land Policy has been developed to fairly and appropriately enable notations to be made on planning certificates until Ku-ring-gai’s LEPs are updated.

The Flood Planning Area Maps produced for the Blackbutt Creek and Lovers Jump Creek catchments and the Probable Maximum Flood identified in the studies completed provides the basis for notations on Planning Certificates.

Over 30 submissions were received with the main issues raised including:

· Impact of notation on property value and insurance prices;

· Flood Planning Area (FPA) Overland Flow Freeboard;

· FPA Mainstream Flow Freeboard;

· Specific mapping contentions;

· Policy considerations;

· Residents in upper floor apartments;

· Other issues such as maintenance.

The committee resolved to:

A. Note the submissions made in relation to the Draft Flood Prone Land Policy and Revised Blackbutt Creek Flood Planning Area public exhibition.

B. Endorsed staff to undertake an update of the Overland Flow Flood Planning Area (FPA) Mapping so that the so that the Overland Flow FPA is limited to the 1% AEP flood extent and the boundaries between Mainstream and Overland Flow are revised;

C. Following update to the Overland Flow FPA mapping, the FRMC endorsed the Draft Flood Prone Land Policy and Revised Flood Planning Area Maps (for both Blackbutt Creek and Lovers Jump Creek Catchments) to be reported to Council for formal adoption.

Review of the Overland Flow FPA is currently ongoing.

3. Other Flood Project Updates

Other, ongoing projects discussed include:

· Middle Harbour – Southern Catchments Flood Study Update

· Middle Harbour – Northern Catchments Flood Study Successful Funding Application

· Norman Griffiths Oval; and

· Flood Certificate Reports.

The committee noted the project updates.

The minutes for the 10 December 2019 meeting were adopted by the committee at the meeting held on 16 June 2020.

At the meeting held on 16 June 2020 the Flood Risk Management Committee business paper report discussed the following items:

1. Proposed update to the Flood Risk Management Committee Terms of Reference

The Covid19 pandemic has resulted in a number of public health orders and social distancing requirements being implemented to prevent spread of disease through the community.

To ensure the safety of all committee members, the following has been added to the “meetings” clause:

Where meeting in Council premises is not practical, committee members and guests shall be able to attend and participate by audio visual links where it is reasonably practicable to do so.

Proposed meeting arrangements shall be in line with the requirements of any NSW Office of Local Government Circulars relating to attendance by councillors and others at council and committee meetings that are current at the time.

In addition, reference to the “Office of Environment and Heritage (OEH)” has been updated to the “Department of Planning, Industry and Environment (DPIE)”, and specific reference to SES regions have been removed.

The amended flood risk management committee terms of reference is provided in Attachment A3.

The committee recommends that Council amends the Flood Risk Management Committee Terms of Reference as outlined in this report.

2. Update on the Norman Griffiths Oval Flood Investigations

In order to better address the issues raised by Councillors Spencer and Pettett in their NoM, BMT Commercial Australia Pty Ltd were engaged in March 2020 to undertake the additional analysis and further investigations of flood risks and flood management options relating to the conversion of Norman Griffiths Oval to a Synthetic Surface.

A more comprehensive investigation into the impacts on hazard categories at key locations and alternative flood detention sites with associated costings was undertaken.

This analysis found that, although hazards are already relatively high, by-passing detention at Norman Griffiths Oval results in an increased flood hazard level at the Ku-ring-gai Fitness and Aquatic Centre access road and carpark; flood hazard level at Yanko Road; flood affectation to private property; and erosion potential to the section of creek between Norman Griffiths Oval and Yanko Road.

The committee noted the BMT report and endorsed the proposed recommendation to Council for meeting on the 30 June 2020.

This matter was reported to Council on 30 June 2020.

3. Other Flood Project Updates

Other, ongoing projects discussed include:

· Middle Harbour – Southern Catchments Flood Study Update;

· Middle Harbour – Northern Catchments Flood Study Update;

· Lane Cove – Northern Catchments Flood Study Grant Application;

· Draft Flood Prone Land Policy and Flood Planning Area Mapping Review; and

· General Flood Project Updates

The committee noted the project updates.

The minutes for 16 June 2020 meeting have not yet been adopted by the committee.

integrated planning and reporting

Community, People and Culture

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

An aware community able to prepare and respond to the risk to life and property from emergency events.

Emergency Management

Plans are developed and implemented, in partnership with emergency service agencies and key stakeholders.

Complete floodplain risk management study in consultation with Flood Risk Management Committee and investigate priority actions.

Governance Matters

The Flood Risk Management Committee, with community, industry and government representation will act as an advisory committee to Council for the development of all flood studies and flood risk management studies and plans.

Risk Management

The recent floods in various parts of Australia have highlighted the importance of floodplain risk management and have raised public awareness of the need for all councils to provide landowners with the best possible information on the risk of flooding to their property.

Financial Considerations

The Committee is an Advisory Committee and does not have the power to incur expenditure or to bind Council.

Social Considerations

Activities of the Committee have a number of implications for property owners and members of the community. The results of flood studies and flood risk management studies and plans can impact on property values, insurance premiums, planning controls and options for future development.

Environmental Considerations

The NSW Floodplain Development Manual (2005) clearly identifies the need for flood risk management to take into account the principles of ecologically sustainable development and to consider ways of “maintaining and enhancing riverine and floodplain ecology in the development of floodplain risk management plans” (section 1.1.2)

Community Consultation

The Flood Risk Management Committee is an Advisory Committee of Council and includes members from the local community and relevant State agencies.

Internal Consultation

Council staff have been nominated to attend the Committee meetings.

Summary

At the meeting held on 10 December 2019 the Flood Risk Management Committee business paper report discussed the following items:

1. Update to the Code of Conduct;

2. Draft Flood Prone Land Policy and Revised Blackbutt Creek Flood Planning Area Public Exhibition; and

3. Other Flood Project Updates.

At the meeting held on 16 June 2020 the Flood Risk Management Committee business paper report discussed the following items:

1. Proposed update to the Flood Risk Management Committee Terms of Reference;

2. Update on the Norman Griffiths Oval Flood Investigations; and

3. Other Flood Project Updates.

The committee recommendations have been provided in the comments section of this report.

Recommendation:

A. That Council receive and note the Minutes of the Flood Risk Management Committee meetings held on 19 December 2019 (Attachment A1) and 16 June 2020 (Attachment A2);

B. That Council adopt the amended Flood Risk Management Committee Terms of Reference in Attachment A3.

Sophia Findlay

Water and Catchments Program Leader

Jacob Sife

Manager Environment & Sustainability

Andrew Watson

Director Strategy & Environment

Attachments:	A1⇩	10 December 2019 FRMC Minutes	2020/163934
	A2⇩	16 June 2020 FRMC Minutes	2020/194562
	A3⇩	Proposed updated FRMC terms of reference 2020	2020/161200

Ordinary Meeting of Council - 28 July 2020	GB.7 / 292

Item GB.7	S09069/10

Climate Change Policy and Action Plan

EXECUTIVE SUMMARY

purpose of report:	For Council to adopt the exhibited Climate Change Policy 2020 and Towards Zero Emissions - 2030 Action Plan with the amendments as outlined in this report.

background:	The Climate Change Policy 2020 will supersede the Climate Change Policy 2015. The Towards Zero Emissions - 2030 Action Plan builds on Council’s Greenhouse Gas Reduction Action Plan (2015), and continues the progress made to date in reducing Council’s energy consumption and GHG emissions through projects funded by Council’s Environmental Levy, and operational budget.

comments:	The review of the Climate Change Policy aligns Council’s Climate Change mitigation program with the Paris Agreement. The policy establishes a set of internal Council targets for GHG emissions and renewable energy. The policy also establishes a community wide, GHG emissions goal and a means for Council to support community efforts to reduce local household and business emissions in line with the Paris Agreement. Council received thirteen (13) submissions during the public exhibition which resulted in a number of amendments being made to the draft policy.

recommendation:	A. That Council adopts the Climate Change Policy 2020 and Towards Zero Emissions 2030 Action Plan B. That a copy of the Climate Change Policy 2020 and Towards Zero Emissions 2030 Action Plan be placed on Council’s website.

Purpose of Report

For Council to adopt the exhibited Climate Change Policy 2020 and Towards Zero Emissions - 2030 Action Plan with the amendments as outlined in this report.

Background

As of June 2020, Council has reduced Greenhouse Gas emission by 25% relative to the 2000 baseline. This sees Council exceed its 2020 target established in the Climate Policy 2015, which was to reduce Greenhouse Gas emissions by 20%, relative to the 2000 baseline. This was achieved through measures including the procurement of the recent Power Purchase Agreement (PPA) to source 30% of electricity from the Moree Solar Farm; continuing implementation of energy efficiency measures for Council buildings; energy efficiency improvements of street lighting; and measures to reduce emissions from Council’s fleet.

The review of Council’s Climate Change Policy has considered Australia’s commitment to the Paris Agreement and the latest climate science, including the impacts of the GHG emissions pathways outlined by the IPCC’s Special Report on 1.5°C of Global Warming (SR15). The Climate Change Policy 2020 commits Council to continue the progress made to date in reducing Council’s energy consumption and GHG emissions while the Towards Zero Emissions - 2030 Action Plan provides the pathway for this to be achieved.

The targets incorporated into the Climate Change Policy 2020 are provided in the Table below.

Table 1 Emission reduction and renewable energy targets

Emission trajectories	Council targets (2000 baseline)
Council
50% reduction	By 2030 or earlier
100% reduction (net zero emissions )	By 2040 or earlier
100% renewable energy	By 2030 whilst pursuing efforts to reach 100% renewable energy by 2025
100% reduction in fleet emissions	By 2040 or earlier
Community
100% reduction (net zero emissions)	By 2040 or earlier

Comments

In response to the Paris Agreement, the IPCC produced the Special Report on Global Warming of 1.5°C (SR15). This report acts as a scientific guide for governments, policy makers, and communities to respond to the challenge of the Paris Agreement objectives, and to understand the implications of global heating at 1.5°C and higher.

The Climate Change Policy 2020 aligns Council’s climate change mitigation program with the Paris Agreement. The policy sets internal Council targets for GHG emissions and renewable energy and a community wide, GHG emissions goal.

During the public exhibition period, thirteen (13) submissions were received. Three (3) submissions were opposed to the Policy and ten (10) were supportive of the Policy. Submissions in opposition to the Policy were generally not accepting of the science of Climate Change.

In response to these submissions and further internal consultation undertaken during the exhibition period, a number of amendments were incorporated into the Climate Change Policy 2020 (Attachment A1) Towards Zero Emissions - 2030 Action Plan (Attachment A2).

A submission summary table is included at (Attachment A3), which details all the submissions received, a summary of the issues raised and Council’s response or amendments.

integrated planning and reporting

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

Climate Change

A community addressing and responding to the impacts of climate change and extreme weather events.

Council’s vulnerability to climate change is reduced.

The community is effectively informed and engaged on climate change impacts and responses.

Implement priority actions in the Climate Change Adaptation Strategy.

Review the Climate Change Policy and implement priority actions.

Deliver the Climate Wise Communities program to build community resilience to the impacts of climate change and extreme weather events

Climate Change

Sustainable Resource Management

The community is effectively engaged in energy and water conservation and efficiency programs.

Implement programs to assist the community to reduce energy and water use.

Governance Matters

Council’s Climate Change Policy and the supporting Towards Zero Emissions - 2030 Action Plan provides a pathway for Council to take all reasonable and practical measures to increase climate change resilience and reduce greenhouse gas emissions across the organisation and within the community in line with Australia’s commitment to the Paris Agreement.

This policy applies to all sections of Council. Council’s Manager Environment and Sustainability has overall responsibility for compliance with this policy. Implementation of this policy is the responsibility of the General Manager, all Directors, Managers, Supervisors and Council Staff.

Under the Local Government Act 1993, Councils are required to manage the local environment with consideration to the principles of ecologically sustainable development (ESD), which incorporates the precautionary principle. Section 7e of the Act requires ‘Councils, Councillors and Council employees to have regard to ESD principles in carrying out all of their responsibilities’.

Risk Management

The peak scientific body on climate change, the Intergovernmental Panel on Climate Change (IPCC) states that, “Climate change represents an urgent and potentially irreversible threat to human societies and the planet” (IPCC 2018). Climate projections indicate the world faces large scale collapse and loss of entire ecosystems (IPCC 2018, p230); severe impacts to human health - from stronger heatwaves, lower air quality, and extreme loss of food and water security (IPCC 2018, p247); increased extent of extreme weather and climate events – flooding, drought, severe storms, wildfire (IPCC 2018, p255); and severe economic loss due to aggregated and compounding impacts (Climate Council 2019a).

Council’s Climate Change Policy and the Towards Zero Emissions - 2030 Action Plan provide a pathway for Council to take all reasonable and practical measures to increase climate change resilience and reduce greenhouse gas emissions across the organisation and within the community. Council faces a reputational risk should it fail to meet the requirements of these policies and fail to show leadership on this issue.

Financial Considerations

The required investments to reach net zero emissions are outlined in the Towards Zero Emissions 2030 Action Plan and are fully funded through the Environmental Levy and the reinvestment of savings realised from reductions in energy consumption. Resource allocation is provided in Table 5 of the Towards Zero 2030 Action Plan.

One of the primary objectives within the Towards Zero Emissions 2030 Action Plan relates to Council’s procurement of energy. Council has previously partnered with the SSROC program (which included most NSROC councils) for energy procurement. This partnership has been commercially beneficial for Council and the same SSROC group are now investigating purchase agreements for 100% renewable energy procurement. In order for Ku-ring-gai Council to be a party to the energy procurement, it is possible that a Local Government Act Section 55 exception would need to be exercised.

Social Considerations

The community targets established within the Climate Change Policy 2020 provide a means for Council to support community efforts to reduce local household and business emissions, in line with the Paris Agreement.

The action plan will be utilised for further engagement and education within the community and provide a sense of collaboration, emphasising a shared responsibility between Council and the community.

The investments outlined in the Towards Zero Emission – 2030 Action Plan are expected to have a positive social benefit, by contributing to green sectors within Australia, and thereby supporting COVID-19 Green Recovery efforts across the economy.

Environmental Considerations

The risk posed to the environment by climate change is significantly reduced if warming peaks at 1.5°C above pre-industrial levels (IPCC SR15). The objectives set out in the Climate Change Policy 2020 and Towards Zero Emissions - 2030 Action Plan align Council’s emission targets with the global effort required to keep warming to 1.5°C and reduce some of the impacts associated with climate change.

Community Consultation

The Climate Change Policy 2020 and Towards Zero Emissions - 2030 Action Plan were placed on public exhibition from 12 May to 16 June 2020. During this period thirteen (13) submissions were received. The submissions resulted in a number of amendments being made to the final the Climate Change Policy 2020 and draft Towards Zero Emissions - 2030 Action Plan. The action plan will be utilised for further engagement and education within the community.

Internal Consultation

Internal consultation included briefings to the Energy Management Working Group, briefing to group managers, input from Infrastructure Services, Waste & Cleansing, Financial Accounting, Urban Planning, Urban Design, Development Contributions Planning and Major Projects.

Additionally, two briefings were conducted for Councillors.

Summary

The Climate Change Policy 2020 aligns Council’s Climate Change mitigation program with the Paris Agreement. The Policy sets internal Council targets for GHG emissions and renewable energy and a community wide, GHG emissions goal.

Council’s Climate Change Policy and the supporting Towards Zero Emissions - 2030 Action Plan provides a pathway for Council to take all reasonable and practical measures to increase climate change resilience and reduce greenhouse gas emissions across the organisation and within the community in line with Australia’s commitment to the Paris Agreement.

The community zero emissions goal established within the Climate Change Policy 2020 provides a means for Council to support community efforts to reduce local household and business emissions, in line with the Paris Agreement. The action plan will be utilised for further engagement and education within the community.

The Climate Change Policy 2020 and Towards Zero Emissions - 2030 Action Plan was placed on public exhibition from 12 May to 16 June 2020. During this period thirteen (13) submissions were received. The submissions resulted in a number of amendments being made to the final the Climate Change Policy 2020 and Towards Zero Emissions - 2030 Action Plan.

Recommendation:

A. That Council adopt the Climate Change Policy 2020 and Towards Zero Emissions 2030 Action Plan.

B. That a copy of the Climate Change Policy 2020 and Towards Zero Emissions 2030 Action Plan be placed on Council’s website.

Peter Vun

Senior Sustainability Officer

Jacob Sife

Manager Environment & Sustainability

Andrew Watson

Director Strategy & Environment

Attachments:	A1⇩	Controlled Document number 80 - Climate Change Policy 2020	2020/103168
	A2⇩	Towards Zero Emissions - 2030 Action Plan	2020/103171
	A3⇩	Climate Policy and Action Plan Submission Table and Council Response	2020/195260

Ordinary Meeting of Council - 28 July 2020	GB.8 / 383

Item GB.8	S04553/16
	3 July 2020

Environmental Levy Grant Program -
Round 22

EXECUTIVE SUMMARY

purpose of report:	To seek Council’s endorsement to fund round twenty-two (22) of the Environmental Levy grants program.

background:	The Environmental Levy grants are designed to assist the Ku-ring-gai community to deliver small, community based environmental projects. An independent assessment panel assesses the grant applications against the grant criteria.

comments:	Twenty (20) applications totalling $94,328 were received under round twenty-two (22) of the Environmental Levy grants program. Of these, the Environmental Levy grants assessment panel recommends funding or part funding Fourteen (14) projects, totalling $54,954.

recommendation:	That Council endorses the recommendations of the Environmental Levy Grants Assessment Panel to fund fourteen (14) projects, totalling $54,954, under round twenty-two (22) of the Environmental Levy grants program.

Purpose of Report

To seek Council’s endorsement to fund round twenty-two (22) of the Environmental Levy grants program.

Background

The Environmental Levy grants are open to groups, schools and individuals within Ku-ring-gai and assist the Ku-ring-gai community to deliver small, community based environmental projects that enhance our local environment, engage our community, or solve an environmental problem. The grants were identified in the development of the Environmental Levy, with strong support from residents and Councillors, as an opportunity to invest in projects with direct community benefit.

A five (5) member panel made up of two (2) local community members and three (3) Council staff members assess the grant applications against a set of criteria, ensuring projects deliver at least one of the following:

· Increased community understanding of the value of the natural environment and local issues and impacts;

· community action which benefits the natural environment;

· improvements to local bushland or the conservation of native flora and fauna;

· a more sustainable community.

The panel makes recommendations to Council for the funding of projects, which is the subject of this report.

Table 1 outlines the number of projects and funding allocations through the Environmental Levy grants program to date.

Round	Number of successful applications	Funding allocation
Round 1	3	$12,500
Round 2	12	$52,249
Round 3	9	$36,982
Round 4	9	$40,000
Round 5	10	$39,576
Round 6	11	$39,722
Round 7	10	$33,102
Round 8	11	$40,636
Round 9	12	$40,069
Round 10	7	$40,343
Round 11	11	$46,174
Round 12	10	$45,276
Round 13	13	$40,068
Round 14	15	$43,357
Round 15	15	$50,278
Round 16	15	$49,902
Round 17	14	$41,779
Round 18	16	$47,654
Round 19	14	$46,700
Round 20	14	$47,637
Round 21	23	$59,999
TOTAL	254	$894,002

Table 1: Summary of funding through Environmental Levy grants program

Comments

Round twenty-two (22) of the Environmental Levy grants program was promoted through, Council’s sustainability e-news and across social media. Additionally, electronic promotion was conducted through Council’s website and Council’s environmental email distribution lists.

Round twenty-two (22) of the Environmental Levy Grants had 2 tiers of funding available. Tier 1 was for grants up to $5,000 and Tier 2 was for grants up to $10,000. A total of eighteen (18) Tier 1 funding requests were received, totalling $74,348, and two (2) Tier 2 funding requests, totalling $19,980.

The budget for round twenty-two (22) of the grants program is $55,000. Tier 1 applications were assessed against the criteria by the assessment panel. Tier 2 applications were assessed by staff from the Environment and Sustainability section of Council. In addition to the Tier 1 grant criteria (see the background section above), Tier 2 applications were expected to demonstrate:

· a measurable benefit to the Ku-ring-gai environment or community;

· partnerships with local groups/people to achieve project outcomes; and

· the ability to effectively measure and meet objectives.

Please see Attachment A1 for a summary of the assessment panel review. Based on this review, a summary of the recommended projects for funding is provided in Table 2.

Applicant	Project name	Recommended funding exc GST
The Possibility Project	Locals Counting for Climate – waste recycling	$1,000
Paddy Pallin Foundation	Paddy Pallin Reserve-Remove Camphor Laurels	$2,937
KU, Fox Valley	KU Fox Valley Vegetable Garden	$1,350
KBA	Increasing diversity & number of plants available from the Garden Shed for Bushcare	$5,000
Rofe Park Bushcare	Fauna Study of Rofe Park Bushcare site	$3,500
WildThings NSW	Continuation of hollows for habitat project	$4,000
West Pymble PS P&C Assn	Pollinator Garden	$1,244
Darri Track Bushcare	Increase native plant diversity at Cowan Creek headwaters	$3,183
Killara Park Bushcare	Regeneration of natural areas	$4,924
Quarry Creek Bushcare &FLCNP	Remediation of Quarry Creek riparian zone alongside Quarry Creek waterfall	$5,000
KU, West Pymble	Creating & protecting a Welcoming Bush Garden	$2,900
Longford/ Abingdon Bushcare Group	Consolidation and expansion of high biodiversity section of Longford/Abingdon Bushcare site	$4,956
Bicentennial Park Bushcare Group	Bicentennial Park Bushcare - consolidation of bush regeneration at source of Quarry Creek	$4,980
Birdlife Aust	Owl highways in the city - corridor building for urban Powerful Owls	$9,980
TOTAL		$54,954

Table 2: Summary of successful applications – Round 22 of Environmental Levy grants program

One Tier 2 application was recommended for funding in round twenty-two (22) of the Environmental Levy grants program, this is Birdlife Australia’s, Powerful Owl project,.

INTEGRATED PLANNING AND REPORTING

Natural Environment

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

A community empowered with knowledge, learning and information that benefits the environment

Increased community action that benefits the environment

Deliver environmental resources and programs for residents

Governance Matters

The Environmental Levy grants program, delivered through the Environmental Levy, provides annual funding to support environmental projects. Community development programs are highlighted in Ku-ring-gai’s Community Strategic Plan as a key area for Council.

Risk Management

The Environmental Levy grants program covers a range of projects with a variety of associated risks. Council ensures reduced risk to the community and the environment by working closely with grant recipients to ensure that grant implementation works are handled by professionals and that contractors are sourced with appropriate training, safety standards, relevant insurance and licensing.

Financial Considerations

The Environmental Levy has allocated the budget for round twenty-two (22) of the Environmental Levy grants program.

Social Considerations

The Environmental Levy grants program provides an opportunity to invest at the local level in projects with direct community benefit. Many of the grant program’s projects see community members working closely together on a project with an environmental focus. Thus, the program has positive social benefits as well as environmental.

The Environmental Levy grants have been running for many years and the value of the program is demonstrated through the many successful projects which have been undertaken to date.

Environmental Considerations

Round twenty-two (22) funding has been allocated to enable activities such as bush regeneration, habitat creation and sustainability projects at local schools. A number of outstanding applications were received which will help promote a greater appreciation and understanding of the natural environment within the Ku-ring-gai Local Government Area (LGA).

The evaluation criteria for the Environmental Levy grants program ensure that all projects benefit the natural environment.

Community Consultation

The panel for round twenty-two (22) included 2 community members and 3 Council staff members. The panel met to review the proposals and rank them against the evaluation criteria.

Internal Consultation

In reviewing the grant applications, Environment and Sustainability liaised with Operations and other relevant staff in relation to projects that fell within their areas of professional expertise.

Summary

This report seeks Council’s support to fund round twenty-two (22) of the Environmental Levy grants program.

Twenty (20) applications were received under round twenty-two (22) of the program. The Environmental Levy grants assessment panel recommends funding fourteen (14) projects, totalling, $54,954 as outlined in this report.

Recommendation:

That Council endorse the recommendations of the Environmental Levy Grants Assessment Panel to fund fourteen (14) projects under round twenty-two (22) of the Environmental Levy grants program, totalling $54,954.

Lindy Williams

Environmental Volunteering Programs Coordinator

Jacob Sife

Manager Environment & Sustainability

Andrew Watson

Director Strategy & Environment

Attachments:

A1⇩

Round 22 Environmental Levy Grants 2020

2020/192181

Ordinary Meeting of Council - 28 July 2020	GB.9 / 392

Item GB.9	S11080

Heritage Home Grants - Financial Year 2020/2021

EXECUTIVE SUMMARY

purpose of report:	For Council to consider the recommendations from the Heritage Reference Committee (HRC) for the applications under the Heritage Home Grants (HHG) program for 2020/21.

background:	Council’s Heritage Home Grants is an annual funding program available to owners of heritage items and contributory properties located within heritage conservation areas. Applications were considered by the HRC at its meeting of 7 July 2020.

comments:	Council’s HRC have considered and made recommendations in relation to the allocation of funding under Council’s Heritage Home Grants fund for the 2020/21 financial year. The HRC has also recommended that Council consider an increase in budget for the 2021/2022 financial year given the amount of heritage-affected properties and increasing demand for funding.

recommendation:	That Council approves the grant applications as set out in this report for the Heritage Home Fund 2020/21. That Council waives any applicable Minor Works approval fees required by successful funding recipients to undertake their projects. That Council considers increasing the funding pool available for the 2021/2022 Financial Year from $50,000 to $80,000.

Purpose of Report

For Council to consider the recommendations from the Heritage Reference Committee (HRC) for the applications under the Heritage Home Grants (HHG) program for 2020/21.

Background

Council’s HHG program is an annual funding incentive available to owners of heritage items and contributory properties located within heritage conservation areas. The applications for funding under the 2020/21 financial year closed on 31 May 2020 and are subject to the HHG Guidelines included in Attachment A1. Council Officers inspected all properties with eligible HHG applications during May and June 2020. All applications were reviewed by the HRC at its meeting of 7 July 2020. The recommended funding allocation is included in Attachment A2 and the conditions for approved projects in Attachment A3.

As part of the application review process during May and June 2020, Council officers inspected all eligible properties seeking funding. Photographs were taken of the properties and discussions held with their owners regarding the proposed works.

Comments

The call for HHG 2020/21 applications was advertised on Council’s website and on a banner outside Council Chambers. Advertisements were placed in the North Shore Times prior to the opening of applications (before the publication paused during COVID-19) as well as in the Sydney Observer during the first week of the application period.

Following the opening of HHG applications on 1 April 2020, 45 applications were received, requesting a total of over $197,000 from a possible grant funding pool of $50,000.

At the meeting held on 7 July 2020, the HRC reviewed all eligible applications for the HHG. The HRC considered applications in light of the guidelines, the importance of the work in relation to the significance of the property as well as its overall heritage values of the property. Following the review of the applications, 32 projects are for funding by the HRC totalling $50,269.50. The funding allocation recommended for successful projects is consistent with the dollar-for-dollar condition stated in the funding guidelines.

These recommendations have been made in order for a larger number of suitable projects to receive some level of funding. Works deemed to be urgent conservation works or from within the targeted heritage conservation area (Bobbin Head Road) have been allocated up to $2,300 (dollar for dollar) and works deemed not as urgent but that will still assist conservation values have been allocated up to $1,000 (dollar for dollar). HHG applications deemed as routine maintenance or not essential to not in direct support of the heritage conservation values have not been recommended for funding under the HHG 2020/21. As recommended by the HRC, the allocation of funding has been included in Attachment A2 and Attachment A3.

All projects will need to be completed and final claims for funding made by 30 June 2021.

Minor Works Applications:

Council’s Minor Works approval process allows owners of heritage properties to seek Council consent for minor changes which do not adversely affect a property’s heritage significance under clause 5.10 (3) of the KLEP(LC) 2012 and KLEP 2015, without the requirement to prepare and submit formal development application.

Some of the projects recommended for funding have been identified as requiring a Minor Works approval from Council prior to their commencement due to the scope of the works proposed. This process will ensure that the projects respect the heritage values of the sites and that owners are provided with professional heritage guidance and advice. It is possible that one application may require a development application. Projects requiring such approvals have been identified in conjunction with Council’s Heritage Advisor and are noted in Attachment A3.

Under Council’s recently adopted fees and charges schedule, there is a cost to owners associated with Minor Works applications. The current fees and charges schedule includes a Minor Works application fee of $300 (for properties in heritage conservation areas) or $500 (for heritage items).

The HRC discussed this matter at its meeting and recommended Council consider an exemption from application fees for funding recipients requiring Minor Works approval from Council to undertake their projects. It was considered that this approach is consistent with the overall aim of the HHG fund to support and assist owners of heritage properties.

This matter is further discussed in the Financial Considerations section of this report.

Heritage Home Grants Funding

The increased number of applications received in recent years under Council’s HHG program was noted by the HRC. Following this discussion, the HRC agreed to request an additional allocation of funds from Council for its HHG program. Increasing the total funding available from the existing $50,000 to $80,000-$100,000 would increase the program’s ability to fund more projects that promote heritage in Ku-ring-gai, and allow the grants to have a larger and more financially meaningful contribution. Council’s HHG program is an annual program funded within Council’s Capital Works Program and Operational Plan. In recent years, the volume of applications received for funding has increased substantially. A summary of the number of applications received in the last six years is as follows:

Funding year	Number of applications	Funding requested
2015-16	4	$19,000
2016-17	15	$55,000
2017-18	10	$45,000
2018-19	21	$87,000
2019-20	28	$132,000
2020-21	45	$197,000

The consequence of an increase in applications has been two-fold. Fewer applications are able to be approved for funding and those approved are only allocated a portion of the requested funding. This situation has affected the ability of the HHG Fund to meet its objective of providing financial support to owners of heritage properties. The incentive for owners of heritage items to invest in the appropriate and often costly maintenance and upkeep of their properties also continues to diminish. An increase in the overall funding available for distribution under Council’s HHG program will ensure that the program continues to meet its objective of providing financial support and incentive to owners of heritage affected properties.

Heritage Promotion

The provision of funding through the Heritage Home Grants scheme is essential for the positive promotion of the unique character and built heritage of Ku-ring-gai. This funding assists owners in obtaining specialist tradespeople to deal with the unique needs of heritage buildings. In previous years, owners have consented to Council using their projects funded under the scheme as exemplars, which assist in educating owners of heritage buildings on how to restore and maintain their heritage items. Such case studies are currently in development and it is aimed to disseminate them via Council’s website.

integrated planning and reporting

Heritage conservation

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

Strategies, plans and processes are in place to effectively protect and preserve Ku-ring-gai’s heritage assets

Implement, monitor and review Ku-ring-gai’s heritage planning provisions

Identify gaps in existing strategies and plan

Governance Matters

Consisting of five members (plus two current vacancies), the Heritage Reference Committee (HRC) includes Councillors, community representatives and heritage practitioners. The HRC provides advice on heritage matters and assists with the promotion, understanding and appreciation of heritage. While not a decision-making body, the HRC nevertheless plays an important advisory function in shaping Ku-ring-gai's future. This HRC is a vital link in communications between Council's and the community.

Risk Management

In providing advice and recommendations to Council on the management of strategic heritage issues in Ku-ring-gai, the HRC assists in the management of Ku-ring-gai’s cultural heritage.

Financial Considerations

The HRC recommendation that Council waives applicable Minor Works application fees for the successful applicants requiring such approval has financial implications. Under Council’s recently adopted fees and charges schedule, there is a cost to owners associated with Minor Works applications. The current fees and charges schedule includes a Minor Works application fee of $300 (for properties in heritage conservation areas) or $500 (for heritage items). Four projects are identified as requiring Minor Works approval. Should Council resolved to waive these fees the cost to Council via loss of revenue would be $1800 (three heritage items and one dwelling in a HCA).

The HRC has also made an additional recommendation with financial implications that Council increase the pool of funding available via Council’s HHG program. This will have implications for Council’s Capital Work Program & Operational Projects plan. It is inappropriate to do this in advance of the 2020/2021 budget cycle and consequently should be deferred for consideration at that stage, noting that the original budget allocation has never been indexed.

Social Considerations

The aims of the HRC are to provide advice to Council on heritage matters and to provide assistance to Council in promoting an understanding and appreciation of heritage, including matters of social heritage significance.

Environmental Considerations

A role of the HRC is to support Council in identifying and managing Ku-ring-gai’s cultural heritage. No additional environmental considerations are relevant to this process.

Community Consultation

Site inspections of all eligible HHG properties occurred between May and June 2019. All HHG applicants were notified of this matter going to Council.

Internal Consultation

The Heritage Reference Committee includes Councillors, heritage practitioners and community members and is facilitated by Council staff. Council’s corporate section has been previously consulted regarding the waiving of Minor Works fees for successful HHG applicants. This matter has also been raised with Council’s Manager Development Assessment Services who has confirmed that the Minor Works application fees can be waived in this instance.

Summary

The HRC held its meeting on 7 July 2020 to consider Council’s HHG 2020/21 applications and have recommended that 32 applications receive a portion of funding for the 2020/21 financial year and that Council consider waiving Minor Works application fees, where applicable. The HRC further recommends that additional funding be allocated to Council’s HHG program for 2021/2022 to provide ongoing support and encouragement of the HHG program.

Recommendation:

A. That Council approves the grant applications summarised in Attachment A2 for the Heritage Home Grants Fund 2020/21 under the conditions outlined in Attachment A3.

B. That Council waives any applicable Minor Works approval fee required by successful funding recipients to undertake their projects as identified in Attachment A3.

C. That Council considers increasing the Heritage Home Grant funding pool from $50,000 to $80,000, to be made available for the 2021/2022 Financial Year as part of that year’s budget preparation.

D. That all applicants be notified of Council’s decision.

Vanessa Holtham

Heritage Planner Specialist

Olivia Turner

Student Heritage Planner

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1⇩	HHG Guidelines 2020/2021	2020/056342
	A2⇩	Summary of Recommended HHG Funding Allocation	2020/199585
	A3⇩	Summary of Recommended HHG Conditions	2020/199582

Ordinary Meeting of Council - 28 July 2020	GB.10 / 412

Item GB.10	S11660

Proposed Heritage Listing - 6 Springdale Road Killara

EXECUTIVE SUMMARY

purpose of report:	To re-present the matter of the proposed heritage listing of 6 Springdale Road Killara on Schedule 5 of the Ku-ring-gai Local Environmental Plan 2015 following a site inspection by Councillors held on Friday, 17 July 2020.

background:	6 Springdale Road, Killara, was identified as a potential heritage item by Council staff in November 2019. A Preliminary Heritage Assessment was considered by Council on 10 December 2019. Council resolved to request a Ministerial Interim Heritage Order (‘IHO’) for the site. An IHO was gazetted on 31 January 2020. Heritage Assessment reports have been completed by Patrick Wilson of Touring the Past (commissioned by the property owner) and Dr Scott Robertson of Robertson and Hindmarsh Pty Ltd (commissioned by Ku-ring-gai Council). A Council officer’s report was prepared for the June 2020 OMC recommending the proposed listing of the property as a local heritage item. Consideration of the matter was deferred for a Councillor site inspection, which is scheduled for 17 July 2020.

comments:	A heritage assessment has been prepared on behalf of Council for the local heritage listing of 6 Springdale Road, Killara, by a heritage consultant specialising in the architecture of this era. It is considered the house meets the threshold for local heritage listing on the basis of its historic, associative, aesthetic, social, representative and rarity values. In particular its significance is through its association with its designer, renowned Australian architect Ken Woolley, as a rare and representative example of the hallmarks of a regional form of modernist architecture.

recommendation:	That a Planning Proposal be prepared to list 6 Springdale Road, Killara as an item of local heritage significance under KLEP 2015.

Purpose of Report

Background

6 Springdale Road, Killara is located within the Springdale Conservation Area (C21), a heritage conservation area (‘HCA’) under KLEP 2015. 6 Springdale Road, Killara is located within the Springdale HCA under KLEP 2015, between two heritage items (I366 and I368) and directly opposite a heritage item (I365). However, the significance of the Springdale HCA places emphasis on Federation and Interwar style housing, and because 6 Springdale Road does not fit this description, reliance on the ‘protection’ of the HCA is tenuous. The listing of Springdale Road as an individual item will ensure that its significance is recognised into the future and its vulnerability to intrusive changes or potential demolition, diminishes.

In mid-November 2019, the subject property was first brought to Council’s attention as it was advertised for sale as an original Ken Woolley designed residence, offered for the first time since its 1976 construction. Staff viewed and conducted preliminary research of 6 Springdale Road, Killara during November and December 2019.

On 4 December 2019, the new owners lodged a Minor Heritage Works application to undertake to paint the existing face brick and construct a new front fence.

A preliminary heritage assessment was undertaken by Council staff and completed on 10 December 2019 (See Attachment A1). On 11December 2019, Council resolved:

“That a letter be sent to the Special Minister of State and Minister for the Public Service and Employee Relations, Aboriginal Affairs and the Arts requesting a State Interim Heritage Order be placed over 6 Springdale Road, Killara.”

On 11 December 2019 Council requested the Hon. Don Harwin, (then) Special Minister of State, and Minister for the Public Service and Employee Relations, Aboriginal Affairs, and the Arts, to make an Interim Heritage Order (‘IHO’) over 6 Springdale Road, Killara.

Council did not have authority under s.25 of the NSW Heritage Act 1977 (Heritage Act) delegation to make an interim heritage order on the property. Schedule 2 of the Ministerial Order published in the NSW Government Gazette on 12 July 2013 states: “Council must not make an IHO where…the item is within a heritage conservation area identified in an environmental planning instrument.”

On 31 January 2020 the IHO came into effect. The IHO has provided Council with time to undertake further historical research and an independent heritage assessment of the property to establish if it warrants a formal heritage listing.

Under the conditions of the IHO the order will lapse on 31 July 2020 unless Council passes a resolution to list the item on the Schedule 5 of the KLEP 2015 to protect and manage the item, or it nominates the item for inclusion on the State Heritage Register.

Comments

Following the gazettal of the IHO, the property owners commissioned a heritage assessment (‘Heritage Statement of Facts and Submissions’) by Patrick Wilson (heritage consultant) of Touring the Past (See Attachment A2). It was received by Council on 2March 2020. Following this, on 19March 2020, Council staff were able to inspect the property, accompanied by heritage consultant and registered architect Dr Scott Robertson of Robertson and Hindmarsh Pty Ltd, as well as the owner’s consultant and legal representative.

The owner’s heritage consultant attests that the 6 Springdale Road does not meet the requirements for local listing as set out by the NSW Heritage Council. Their report disputes the heritage significance of the dwelling on the grounds of a lack of involvement from Ken Woolley during the dwelling’s procurement from concept design to construction. The owner’s consultant makes reference to correspondence and liaison with the former owner of the house (Mrs Eastment) to justify this assertion. Subsequent changes to the building fabric are also drawn on to outline the lack of significance of the dwelling.

Commissioned by Council, an independent heritage assessment of 6 Springdale Road, Killara [Lot 1, DP505522] was completed by Dr Scott Robertson of Robertson and Hindmarsh Pty Ltd. The final assessment was received 14 April 2020 (See Attachment A3). The assessment found that the property is of local heritage significance and should be included as a heritage item under Schedule 5 of the KLEP 2015.

The report prepared by Council’s heritage consultant maintains that 6 Springdale Road warrants local listing on Schedule 5 of the KLEP 2015, satisfying the majority of the NSW Heritage Council’s criteria for listing. This report outlines that 6 Springdale Road demonstrates significance particularly through its association with notable architect Ken Woolley and through its demonstration of a high degree of technical achievement. Importance is placed on the dwelling’s relative intactness and on it being one of the few single residences that the firm agreed to take on during a time where commissions were much larger.

A heritage item is a place, which may include built structures, landscapes, moveable objects and relics, that have recognised cultural significance. In NSW, heritage items of local significance are assessed against 7 criteria:

A. Historical significance – an item is important in the course, or pattern, of the cultural or natural history of the local area;

B. Historical association significance – an item has strong or special association with the life or works of a person, or group of persons, of importance to the local area’s cultural or natural history;

C. Aesthetic significance – an item is important in demonstrating aesthetic characteristics and/or a high degree of creative or technical achievement in the local area;

D. Social significance – an item has a strong or special association with a particular community or cultural group in the local area, for social, cultural or spiritual reasons;

E. Technical/research significance – an item has potential to yield information that will contribute to an understanding of the local area’s scientific, cultural or natural history;

F. Rarity – an item possesses uncommon, rare or endangered aspects of the local area’s cultural or natural history; and

G. Representativeness - an item is important in demonstrating the principal characteristics of a class of the local area’s cultural or natural places; or cultural or natural environments.

6 Springdale Road, Killara fulfils several criteria for heritage significance. In particular, it has aesthetic, historic and technical significance to Ku-ring-gai. A summation of the findings of Dr Scott Robertson’s Heritage Assessment Report follows.

Heritage Significance of 6 Springdale Road, Killara

Eastment House is a high-quality, rare and representative example of a regional form of modern architecture, designed by renowned architect Ken Woolley. Construction of Eastment House at 6 Springdale Road, Killara began in 1971 and was completed in 1976 for owners Barry and Margaret Eastment. The Eastment’s were master builders, with their company F.T. Eastment & Sons known as a quality provider of master building services in the Ku-ring-gai and broader Sydney areas.

Eastment House was one of a small number that Ancher, Mortlock, Murray and Woolley designed for master builders (the other being the Pettit House) thus indicating the high regard builders held for the firm. Eastment House is also one of the very few individually-designed residential projects Woolley undertook in the Ku-ring-gai area, and one of the very few residential commissions he undertook in this phase of his firm’s work.

The comprehensive Statement of Significance prepared by Robertson Hindmarsh for 6 Springdale Road, Killara, expounds this importance. It reads:

The Eastment House is of local historical significance in demonstrating the post-World War 2 process of subdividing the grounds of the larger suburban houses erected from the 1890s until World War 2 creating closer settlement and reflecting the historical pressures of economic downturns on owners of larger allotments.

The house is of local associative significance because of its strong association with renowned architect, Ken Woolley and his firm, Ancher, Mortlock, Murray & Woolley. The construction of a new residence within an existing suburban area demonstrates a desire by the Eastment family to continue to live in Killara, where the family had been since the 1930s.

This Eastment House is of local aesthetic significance as its design exhibits the hallmarks of the regional form of modernism (termed by some as the Sydney School) including its use of unpainted external brickwork, vertical timber boarding, high lighting through clerestory windows, and complex, broken roof forms as well as the use of split levels within the house to create a flow of both visual space and of cooling Summer breezes. The surviving architectural drawings and the completed Eastment House demonstrate the palette of materials and construction methods employed by the architectural firm of Ancher, Mortlock, Murray and Woolley that are recognised as forming a distinct regional variation of modern architecture.

The Eastment House contains a large, highly sculptural fireplace form comprising two brick and concrete fireplaces that rises up through the house from the lower Sunroom level, through the Living Room level and up past the Study to emerge through the roof as twin chimneys with opposing skillion concrete chimney cappings.

The Eastment House is one of a series of houses within the Ku-ring-gai municipality that demonstrate the regional variant of modern architecture known as the “Sydney School” of which the architect Ken Woolley was a leading proponent in NSW. Architectural historians have acknowledged that Woolley’s greatest contribution as an architect was in the field of housing, raising the standard of suburban dwellings. The Eastment house demonstrates Woolley’s key hallmarks that developed during the mid to late 1960s out of his award-winning design for his own house at Mosman.

Ken Woolley is one of two architects to receive multiple awards for residential designs during the 1960s and 1970s, and houses designed by Woolley have developed a strong following, demonstrated by publications, tours and the acquisition of his drawings by the State Library of NSW.

The Eastment house is a rare example of a substantial residence designed for master builders by the architectural practice of Ancher, Mortlock, Murray and Woolley in a period of the firm’s work that primarily was occupied by large-scale commercial and institutional buildings as well as multi-residential and project homes, indicating the importance the firm placed on the project as one of the few single residential buildings the firm agreed to undertake for an existing / known client.

The Eastment House demonstrates the key characteristics of the domestic work of the firm of Ancher, Mortlock, Murray and Woolley in the late 1960s and early 1970s and demonstrates the firm’s use of similar details in houses at the upper end of the real estate market as were then modified and used in the firm’s work for the project home market.

On 21May 2020, the matter of 6 Springdale Road, Killara was referred to Council’s Heritage Reference Committee. This committee is comprised of representatives from the community, the local historical society, the Australian Institute of Architects and other qualified and experienced heritage professionals. The property owner, their heritage consultant, and legal representative made representations on the matter. All reports produced were provided to committee members. The Heritage Reference Committee moved unanimously to support the local heritage listing of this property.

An additional submission by Patrick Wilson was sent to Council one day prior to this meeting, by the legal representative of the property owner. This was supplied to the Heritage Reference Committee members (See Attachment A4). Dr Scott Robertson, on behalf of Council, commented as required on the matters raised in this submission verbally during the meeting, and has subsequently formalized a written response (See Attachment A5).

The above information was considered before the 30 June Council meeting and the Councillors decided to defer their decision pending a site inspection, which was subsequently undertaken on 17 July 2020.

A submission dated 24 June 2020 was received by Council from Weir Philips Heritage and Planning immediately following the 30 June Council meeting. The submission raises issue with the extent of the comparative analysis, Ken Woolley’s involvement in the overall design of the dwelling and asserts that the current owners should have input into the heritage listing. More specifically, the submission raises concerns in relation to the required retention of the face brick and parameters around the construction of a front fence. However, proposals in relation to both of these elements would be relevant irrespective of the proposed local listing as they are covered within the assessment parameters for a Heritage Conservation Area. The submission also mentions additional information that has been provided by the former owner, which was not made available at the time of the preparation of the Robertson and Hindmarsh Report.

In support of the recognised heritage value, above and beyond that of a contributory building within a heritage conservation area, it is recommended that Council prepare a planning proposal to include 6 Springdale Road, Killara on Schedule 5 of KLEP 2015. To support the Planning Proposal a State Heritage Inventory form will also be prepared for Eastment House.

Council recognises that upgrades to the dwelling may be required to suit the changing needs of the occupants. The listing of 6 Springdale Road as a local heritage item does not preclude future alterations from being undertaken. Similar to the management of a dwelling within a conservation area, a qualified heritage professional can provide advice on changes that may be suitable both internally and externally and this has also been outlined in the report prepared by Council’s heritage consultant. The owners may also liaise with Council to discuss sympathetic changes that may be possible.

integrated planning and reporting

Theme 3: Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

Ku-ring-gai’s heritage is protected, promoted and responsibly managed.

Strategies, plans and processes are in place to effectively protect and preserve Ku-ring-gai’s heritage assets.

Implement, monitor and review Ku-ring-gai’s heritage planning controls including the development of a heritage strategy.

Governance Matters

This report addresses the first stage in obtaining a Gateway Determination for a Planning Proposal which seeks to list an item of local heritage significance under an amendment to Schedule 5 of the KLEP 2015. If the Planning Proposal is supported by the Department, the Planning Proposal will be placed on exhibition seeking further State agency and stakeholder feedback prior to being reported back to Council to decide if the property should be formally listed.

The process for the preparation and implementation of planning proposals is governed by the provisions of the Environmental Planning and Assessment Act, 1979. Council will seek the plan-making delegation under Section 3.36(2) of the EP&A Act to finalise the Planning Proposal.

Risk Management

There is a community expectation that places of heritage significance within the Ku-ring-gai Council LGA will be identified and protected. There is a strategic risk of damaging the reputation of Council if these culturally significant places are not identified and considered for protection.

Financial Considerations

The cost of preparing this report is covered by the Ku-ring-gai draft Principal Local Environmental Plan - Urban Planning & Heritage Budget – Strategy and Environment Department.

Social Considerations

The identification and protection of Ku-ring-gai’s heritage places contributes to the ongoing conservation of Ku-ring-gai’s community-valued historic landscape and garden suburbs.

Environmental Considerations

The retention and conservation of heritage places has an important role in protecting the environment. The environmental sustainability benefits afforded by the retention of heritage places includes the substantial reduction in building demolition and new construction waste, and the conservation of embodied energy in the existing buildings.

Community Consultation

As part of making the Interim Heritage Order for the site, the IHO was published in the NSW Government Gazette on 31 January 2020. Council advised the property owner on 31 January that the order had been approved and published in the NSW Government Gazette.

The purpose of the IHO was to enable a full assessment of the property’s heritage significance to be conducted. Council representatives and Dr Scott Robertson visited the property and met with the representatives of the property owner on 19 March 2020. The property owner and their representatives were also given an opportunity to speak at the Heritage Reference Committee on the 21 May 2020 and to read all of the assessment reports that have been completed in relation to the property.

The affected property owner was notified of this report going before Council and will be further notified and have the opportunity to provide feedback if Council supports its listing in a planning proposal during the formal exhibition period.

Should the Planning Proposal receive a favourable Gateway Determination, it will be exhibited in accordance with the Department’s Gateway Determination requirements and with explanatory heritage information. This will involve appropriate notification and receipt of submissions on the draft Planning Proposal from the relevant State agencies and the general community, and a further report back to Council regarding this matter.

Internal Consultation

Consultation with relevant Departments of Council has taken place in preparing this report, in particular, Development and Regulation. In addition, Council’s Heritage Reference Committee has reviewed the proposed heritage item and moved a unanimous decision to support the listing.

Summary

An assessment of heritage significance supports the finding that 6 Springdale Road, Killara is worthy of inclusion on Schedule 5 of the KLEP2015. The purpose of this report is to instigate Council’s commencement of a Planning Proposal in relation to this listing.

Recommendation:

A. That Council proceeds to prepare a Planning Proposal to amend KLEP2015 to include 6 Springdale Road, Killara [Lot 1, DP505522] as a local heritage item in Schedule 5.

B. That the Planning Proposal is referred to the Ku-ring-gai Local Planning Panel (‘KLPP’) for advice in accordance with the Local Planning Panel Direction – Planning Proposals.

C. That a report be brought back to Council following the advice from the KLPP for Council to consider whether or not to forward the Planning Proposal for a Gateway Determination under section 3.34 of the Environmental Planning & Assessment Act 1979.

Olivia Turner

Student Heritage Planner

Vanessa Holtham

Heritage Planner Specialist

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1⇩	Report by Council Staff - 6 Springdale Road, Killara - preliminary heritage assessment	2019/373548
	A2⇩	Report by Patrick Wilson for Property Owners - Heritage Statement of Facts and Submissions for 6 Springdale Road Killara and Appendices 02/03/20	2020/160080
	A3⇩	Report by Scott Robertson of Robertson and Hindmarsh Pty Ltd - 6 Springdale Road Killara Heritage Assessment report	2020/106975
	A4⇩	Letter from Clare Collet (Mills Oakley) - 6 Springdale Road, Killara - regarding Heritage Reference Committee Meeting to be held on 21 May 2020	2020/160088
	A5⇩	Response by Robertson & Hindmarsh 04 06 2020 - to Letter by Mills and Oakley to Heritage Reference Committee - Regarding 6 Springdale Road, Killara	2020/160643
	A6⇩	Weir Phillips Heritage Report - 6 Springdale Road Killara - 24 June 2020	2020/199441