Agenda of Ordinary Meeting of Council - Tuesday, 16 March 2021

Ordinary Meeting of Council

TO BE HELD ON Tuesday, 16 March 2021 AT 7:00pm

Level 3, Council Chamber

Agenda

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

https://www.krg.nsw.gov.au under the link to business papers

The Livestream can be viewed here:

https://www.krg.nsw.gov.au/Council/Council-meetings/Council-meeting-live-stream

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:

GB.6 RFT12-2020 Façade Waterproofing 828 Pacific Highway Gordon

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

Attachment 1: RFT12-2020 List of Tenders received

Attachment 2: RFT12-2020 Tender Evaluation Report

GB.7 RFT13-2020 Stormwater Drainage Works – Oliver Road Roseville

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

Attachment 1: RFT13-2020 List of Tenders received

Attachment 2: RFT13-2020 Tender Evaluation Report

GB.8 RFT14-2020 Recreation Precinct St Ives Village Green

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

Attachment 1: RFT14-2020 List of Tenders received

Attachment 2: RFT14-2020 Recreation Precinct Tender Evaluation Report

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:

In accordance with 10(A)(2)(c):

C.1 Council land Holdings Strategy

CONFIRMATION OF MINUTEs

Minutes of Ordinary Meeting of Council 9

File: S02131

Meeting held 16 February 2021

Minutes numbered 3 to 30

minutes from the Mayor

MM.1 Vale Dr Barbara Robin Walker 30

File: CY00455/9

It is my sad duty to inform my Councillor colleagues and the Ku-ring-gai community of the untimely passing of Dr Barbara Walker.

Barbara was born on 6^th March 1952 and became a passionate supporter of the values of Ku-ring-gai. Her death on 27 January 2020 was deeply mourned. I have only recently become aware of Dr Walker’s passing and I think it is important to commemorate her significant contribution to the Ku-ring-gai community particularly the Roseville area.

Since moving to Ku-ring-gai in 1994 Barbara embraced her garden together with the heritage and ambiance values of Roseville, and other parts of Ku-ring-gai. Joining with other passionate Roseville residents, she helped form The Archbold Estate Roseville Incorporated and worked consistently over many years to achieve the Heritage Conservation Area status. This involved many presentations to Council, contributions to the Council Heritage Committee and consultation on many development proposals and zoning studies. The informative plaque at Firs Cottage, Clanville Park and the Roseville railway station “roll-over boards” in Sous le Soleil (within Firs Cottage) are other examples of the Archbold Estate contributions to the area.

Barbara was diagnosed with breast cancer in 1998; a life changing moment. However, she tackled the disease and appropriate treatment with determination and optimism. The untiring efforts of the Mater Hospital team and her oncologist, Prof Fran Boyle, were always greatly appreciated and contributed significantly to her survival of metastatic disease for so long.

She valued her family life and many enjoyable school holidays were spent with her husband, Bruce, and children, Alice and Cameron, travelling to many and varied parts of Australia. Barbara turned some of her leisure time to painting at the Ku-ring-gai Arts Centre, Roseville. Watercolours, pastel and oils were all tried and she left a wonderful gallery of her works which family and friends now treasure as a memory of her talents.

She worked as a GP in Dee Why throughout, retiring from work in 2015 to help look after her father, Bob Ockenden.

The legacy of Barbara’s many interests and achievements will be gratefully remembered by many and Council will certainly miss the important advocacy role she undertook for the Ku-ring-gai community.

It was a privilege to know Barbara, to share her passion, knowledge and dedication for Roseville and to witness her tireless commitment to protecting its values and cherished character. We thank you for your life of service that has enriched our community. Our sincere condolences to Bruce, Alice and Cameron on the sad loss of their wife and mother and to her many friends across Ku-ring-gai who will miss her dearly.

Recommendation:

That:

A. The Mayoral Minute be received and noted

B. We stand for a minute’s silence to honour Dr Walker

C. The Mayor write to Dr Walker’s family and encloses a copy of this Mayoral Minute

MM.2 Penny Howell - 2021 Local Woman of the Year for Davidson 32

File: CY00455/9

This week St Ives resident Penny Howell was announced by our State Member for Davidson, Jonathan O’Dea MP as the 2021 Local Woman of the Year for Davidson.

Penny is a tireless community worker with many strings to her bow working in community radio on Northside Radio 99.3FM and as past President of St Ives Football Club and current Special Projects Officer.

Many community forums have been organised in St Ives by Penny including Meet the Candidates during the last local government elections and most recently a local traffic forum for St Ives. She is an active member of the St Ives Community Facebook page sending out helpful and insightful information to local residents.

Penny is an informed and proactive community member and it is important to recognise the value of community workers as Council does every year in our Australia Day Awards.

As the 2014 recipient of the Davidson Local Woman of the Year, I am proud to be in the same cohort as Penny and other past recipients including Kathy Cowley from FOKE and Namoi Dougall from KYDS. The past year’s challenges of dealing with the pandemic have shown more than ever the importance of the community around us. These women are examples of the generosity and compassion within our neighbourhoods.

Community service is vital to the fabric of our society and encouraging our young people to get involved with volunteering at an early age is important to instil, just as my parents did for me. These recipients have all had a long involvement with volunteer organisations that serve our local community every year and Ku-ring-gai is the better for it.

It is timely with this award as part of International Women’s Day that I continue to encourage women to stand for Council in the upcoming September 4 elections.

The ALGWA NSW is supporting councils to hold forums for prospective women councillors in the coming months and I have asked staff to organise one for Ku-ring-gai Council.

Recommendation:

That:

A. This Mayoral Minute be received and noted

B. The Mayor write a letter of congratulations to Penny Howell on behalf of Council

Petitions

GENERAL BUSINESS

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

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

GB.1 Business Engagement Update 2021 34

File: S09438

To provide Council with an update regarding the business engagement program, relevant local business statistics and a summary of results from Council’s second Annual Business Survey.

Recommendation:

That Council receive and note this report, and that Council support conducting the Annual Business Survey, and report on results on an annual basis.

GB.2 2021 Women in Local Government Leadership Workshop 50

File: FY00581/6

To advise Council of the 2021 Women in Local Government Leadership Workshop hosted by Liquid Learning.

Recommendation:

That any Councillors interested in attending the 2021 Women in Local Government Leadership Workshop advise the General Manager by 27 March 2021.

GB.3 Revised Delivery Program 2018-2021 and Operational Plan 2020-2021 - Bi-Annual Report 59

File: FY00382/12

To report to Council on the progress of the Revised Delivery Program 2018-2021 and Operational Plan 2020-2021, for the six month period July to December 2020.

Recommendation:

That:

A. The results for the December 2020 six month progress and exception report for the Delivery Program 2018-2021 and Operational Plan 2020-2021 be received and noted.

B. The following additional task be included in the Operational Plan 2020-2021: ‘Promote local tourism activities to the whole community via Council’s communication methods e.g. social media and website’.

GB.4 Investment Report as at 28 February 2021 156

File: FY00623/3

To present Council’s investment portfolio performance for February 2021.

Recommendation:

That the summary of investments performance for February 2021 be received and noted; and that the Certificate of the Responsible Accounting Officer be noted and the report adopted.

GB.5 Temporary Appointment of Ku-ring-gai Local Planning Panel Members to 30 June 2021 163

File: S11736

For Council to consider the membership of Ku-ring-gai Local Planning Panel for an interim period up until 30 June 2021.

Recommendation:

That Council re-appoint the current Ku-ring-gai Local Planning Panel members for a period ending 30 June 2021.

GB.6 RFT12-2020 Facade Waterproofing 828 Pacific Highway Gordon 168

File: RFT12-2020

To consider the tenders received for Facade Waterproofing 828 Pacific Highway Gordon and to appoint the preferred tenderer.

Recommendation:

That, in accordance with Section 55 of the Local Government Act and Tender Regulations, Council accept the Tender submitted by Tenderer ‘A’.

GB.7 RFT13-2020 Stormwater Drainage Works - Oliver Road Roseville 173

File: RFT13-2020/R

To consider the tenders received for RFT13-2020 Stormwater drainage works – Oliver Road Roseville and to appoint the preferred tenderer.

Recommendation:

That, in accordance with Section 55 of the Local Government Act and Tender Regulations, Council accept the Tender submitted by Tenderer ‘A’.

GB.8 RFT14-2020 Recreation Precinct St Ives Village Green 178

File: RFT14-2020/R

To consider the tenders received for RFT14-2020 Recreation Precinct St Ives Village Green and to appoint the preferred tenderer.

Recommendation:

That, in accordance with Section 55 of the Local Government Act and Tender Regulations, Council accept the Tender submitted by Tenderer ‘A’.

GB.9 Barra Brui Hockey Oval Proposal 183

File: S12027

To provide Council with a report on the feasibility of the proposed Barra Brui Hockey Field and the prospects of constructing the field at Barra Brui Sportsground.

Recommendation:

That the proposed hockey facility does not proceed at Barra Brui Sportsground and Council Officers continue to liaise with the NSBHA to find an alternate site within the Ku-Ring-Gai local government area and report back to Council with the outcome of the investigation.

GB.10 Proposed Heritage Listing of 33 Young Street, Wahroonga 394

File: S10066

To have Council consider the proposed heritage listing of ‘Wainberg House’, the property known as 33 Young Street, Wahroonga, on Schedule 5 of the Ku-ring-gai Local Environmental Plan 2015 (‘KLEP 2015’).

Recommendation:

That a Planning Proposal be prepared and submitted for the listing of ‘Wainberg House’, the property known as 33 Young Street, Wahroonga.

GB.11 Post Exhibition Consideration of Submissions Planning Proposal to Heritage List 6 Springdale Road, Killara 464

File: S12954

For Council to consider the submissions received during the public exhibition of the Planning Proposal to list 6 Springdale Road, Killara as a local heritage item.

Recommendation:

That Council proceed with the Planning Proposal to heritage list the property known as ‘Eastment House’ at 6 Springdale Road, Killara without variation, and resolve to make the Plan under section 3.36 of the Environmental Planning & Assessment Act 1979.

GB.12 Gordon Golf Course Masterplan and Gordon Golf Club Lease 647

File: S09625

The purpose of this report is to revisit Council’s position of April 2016 in relation to closure of the Gordon Golf Course in light of the inability to fund conversion of the golf course to a regional park.

Recommendation:

That Council does not initiate masterplanning of the Gordon Golf Course in 2021 and seeks to negotiate a 5 year lease extension with Gordon Golf Club to allow continued use of the site for golf on terms to be negotiated by the General Manager in order to protect Council’s interests.

GB.13 Flood Prone Land Policy and Updated Flood Planning Area Mapping 653

File: S12577/3

To present Council the final Flood Prone Land Policy for adoption and revised overland flow Flood Planning Area maps for endorsement.

Recommendation:

That Council Adopts the Flood Prone Land Policy 2021 and endorses the Mainstream and revised Overland Flow Flood Planning Area maps for Blackbutt Creek And Lovers Jump Creek Catchments. That submitters to the 2019 public exhibition and impacted owners are notified on the outcomes of the process, and that Council undertakes community consultation for the additional overland flow Flood Planning Areas identified during the revised FPA mapping exercise.

GB.14 Minutes of the Flood Risk Management Committee 16 February 2021 Meeting 695

File: S10746

For Council to consider and note the minutes of the Flood Risk Management Committee meeting held on 16 February 2021 (Attachment A1).

Recommendation:

That Council receive and note the Minutes of the Flood Risk Management Committee meeting held on 16 February 2021.

Extra Reports Circulated to Meeting

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

Questions With Notice

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, 16 February 2021

Present:	The Mayor, Councillor J Anderson (Chairperson) Councillors J Pettett & C Clarke (Comenarra Ward) Councillors C Szatow & P Kelly (Gordon Ward) Councillor 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) Manager Governance and Corporate Strategy (Michael Wearne) Governance Support Officer/ Minutes Secretary (Rebecca Srbinovska)

The Meeting commenced at 7:00pm

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.

Councillor Szatow declared a significant non-pecuniary conflict of interest for Item GB.11 as she is a member of the Sydney North Planning Panel and she will leave the meeting during debate of the item.

Councillor Smith declared a significant non-pecuniary conflict of interest for Item GB.11 as he is a member of the Sydney North Planning Panel and he will leave the meeting during debate of the item.

The Manager Urban and Heritage Planning (Antony Fabbro) declared a non-significant, non-pecuniary interest in GB.12 as he has a relative who lives on Powell Street and he will leave the meeting during debate on that 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:

Memorandums:

Minutes – Extraordinary Meeting of Council 5 February 2021 & GB.8 – Business Approved Under Authority Delegated to the Mayor, Deputy Mayor and General Manager for the December to January Recess Period 2020/21

Memorandum from the Manager Governance and Corporate Strategy dated 9 February 2021 attaching minutes of the Extraordinary Meeting of Council held Friday, 5 February 2021, and confirming no business was approved under delegated authority during the 2020/2021 recess period.

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/9

Resolved:

(Moved: Councillors Smith/Greenfield)

GB.14 St Ives Indoor Sports Centre – Heads of Agreement

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

Attachment 2: MinterEllison Comments on Heads of Agreement

CARRIED UNANIMOUSLY

CONFIRMATION OF MINUTEs

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 8 December 2020

Minutes numbered 235 to 229

Resolved:

(Moved: Councillors Greenfield/Clarke)

That Minutes numbered 235 to 229 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

Minutes of Extraordinary Meeting

File: S02131

Meeting held 5 February 2021

Minutes numbered 01 to 02

Resolved:

(Moved: Councillors Greenfield/Szatow)

That Minutes numbered 01 to 02 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

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

Against the Resolution: Councillors Kay, Ngai and Spencer.

minutes from the Mayor

2021 Australia Day Honours
and Citizen of the Year Awards

File: S12975

Vide: MM.1

I am pleased to inform you that 7 Ku-ring-gai citizens, through their outstanding achievements and services to the community have been awarded 2021 Australia Day Honours.

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

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

Wendy CARVER OAM of St Ives, for service to community mental health

Mark GINSBURG OAM of Lindfield, for service to the Jewish community, and to music

Dr Stephen Edwin JUDD AM of Roseville, for significant service to older persons living with dementia

Janet Dorothy KNEESHAW OAM of Pymble , for service to the performing arts, and to the community

Professor Roger Robert REDDEL AO of St Ives, for distinguished service to biomedical research in the field of adult and childhood cancer and genetics, and to tertiary education

Professor Markus Joachim SEIBEL AM of Killara, for significant service to medical research, and to endocrinology.

Bexon WHANG OAM of Wahroonga, for service to veterans of the Korean War

I also congratulate Ku-ring-gai Citizen of the Year winners for 2021:

Citizen of the Year - Michelle Key

Young Citizen of the Year – Edward Giles

Young Environmental Citizen of the Year – Ella Di Moro

Environmental Citizen of the Year – Plant Rescue Ku-ring-gai

Mayor’s Award for Outstanding Service by a Community Organisation – Lifeline Harbour to Hawkesbury Christmas Hamper Appeal

Mayor’s Award for Outstanding Service by a Community Organisation - Kissing Point Sports Club

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

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

Resolved:

(Moved: Councillor Anderson)

That:

A. Council acknowledge the outstanding contribution made by these recipients of 2021 Australia Day Honours to the Ku-ring-gai community and to the well-being of our society.

B. The Mayor write to the recipients on behalf of Council to congratulate them on receiving their award, including a copy of this Mayoral Minute

CARRIED UNANIMOUSLY

PETITIONS

Petition to Remove the Pine Tree and Replace it with a Smaller Safer Tree at the Front of 212-216 Mona Vale Road, St Ives

File: EM00027/43

Vide: PT.1

To whom it may concern and to the strata manager and building manager. We the underlined signatures believe that the pine tree out the front of our building is a dangerous tree and should be replaced with a smaller safer tree. We believe that the assessment by the tree arborist that the tree is not dangerous is incorrect. (31 signatures).

Resolved:

(Moved: Councillors Kay/Smith)

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

CARRIED UNANIMOUSLY

Recommendations from Committee

Minutes of the Ku-ring-gai Traffic Committee held on 9 November 2020

File: CY00022/13

Vide: RC.1

Meeting held 9 November 2020

The Ku-ring-gai Traffic Committee presents the Minutes of the Meeting held on 9 November 2020 (Minutes numbered KTC11 to KTC18) for adoption by the Council.

Resolved:

(Moved: Councillors Kelly/Spencer)

That:

A. Minutes numbered KTC11 to KTC18 be received and confirmed as an accurate record of the proceedings of the meeting.

B. In respect to Minutes numbered KTC11 to KTC15 and KTC17 to KTC18, Council adopt the recommendation of the Committee.

C. In respect to Minute numbered KTC16, Council adopt the original Officers recommendation to the Committee.

CARRIED UNANIMOUSLY

Gordon High Pedestrian Activity Area

File: S02171

Ward: Gordon

Electorate: Ku-ring-gai

Vide Minute No KTC12

To seek approval for the traffic facilities identified in the Gordon High Pedestrian Activity Area study.

Resolved:

(Moved: Councillors Kelly/Spencer)

That Council consult Transport for NSW regarding the proposal and any changes are reported to the Ku-ring-gai Traffic Committee through Council’s Traffic Facility under Delegated Authority (TDA) process.

CARRIED UNANIMOUSLY

Lindfield Learning Village - Proposed Pedestrian Facilities

File: S11589

Ward: Roseville

Electorate: Davidson

Vide Minute No KTC13

To consider proposed pedestrian facilities in Abingdon Road and Eton Road to support the operation of the Lindfield Learning Village.

Resolved:

(Moved: Councillors Kelly/Spencer)

A. That the proposed pedestrian facilities be approved.

B. That School Infrastructure NSW and its relevant representatives on the project be notified of Council’s decision.

CARRIED UNANIMOUSLY

Rosedale Road & Shinfield Avenue, St Ives

File: TM9/12

Ward: St Ives

Electorate: Davidson

Vide Minute No KTC14

To consider a proposal to construct a roundabout at the intersection of Shinfield Avenue and Rosedale Road in St Ives.

Resolved:

(Moved: Councillors Kelly/Spencer)

A. That subject to available funding, a roundabout be constructed at the intersection of Shinfield Avenue and Rosedale Road, as shown in the Plan No. Rosedale-Shinfield/KTC/11/20.A.

B. That the existing ‘No Stopping’ restrictions on the eastern side of Rosedale Road be extended by 6 metres, as shown in the Plan No. Rosedale-Shinfield/KTC/11/20.B.

CARRIED UNANIMOUSLY

Stanley Street, St Ives

File: TM9/12

Ward: St Ives

Electorate: Davidson

Vide Minute No KTC15

To consider traffic condition at the intersection of Stanley Street and Richard Road to improve visibility to approaching traffic for motorists exiting Richard Road.

Resolved:

(Moved: Councillors Kelly/Spencer)

A. That an edge line be marked 1.7 metres from the kerb on Stanley Street at Richard Road, as shown in the Plan No. Stanley-Richard/KTC/11/20

B. That the existing ‘No Stopping’ signs on Stanley Street at Richard Road be reduced by 5 metres, as shown in the Plan No. Stanley-Richard/KTC/11/20.

C. That ‘Give Way’ intersection control and associated line marking be introduced in Richard Road at Stanley Street intersection, as shown in the Plan No. Stanley-Richard/KTC/11/20.

D. That Mr John Duggan, of 15 Richard Road, St Ives and Council’s Team Leader regulations be informed of Council’s decision.

CARRIED UNANIMOUSLY

Lyle Avenue, Lindfield

File: TDA93/20

Ward: Roseville

Electorate: Davidson

Vide Minute No KTC16

To consider a proposal to partially convert the existing ‘No Parking’ restrictions from part-time to full-time on Lyle Avenue in Lindfield.

Resolved:

(Moved: Councillors Kelly/Spencer)

That the existing ‘No Parking 9am-6pm Mon-Fri’ restrictions outside the frontage to No.2 Lyle Avenue be replaced with full-time ‘No Parking’ restrictions, as shown in attached Plan No. Lyle/KTC/11/20.

CARRIED UNANIMOUSLY

Shout Ridge, Lindfield

File: TM6/12

Ward: Roseville

Electorate: Davidson

Vide Minute No KTC17

To consider a proposal to re-install a marked foot crossing on Shout Ridge in Lindfield.

Resolved:

(Moved: Councillors Kelly/Spencer)

That a marked foot crossing be installed on the raised threshold on Shout Ridge, Lindfield.

CARRIED UNANIMOUSLY

Kissing Point Road, Turramurra

File: TM10/12

Ward: Comenarra

Electorate: Ku-ring-gai

Vide Minute No KTC18

To consider a proposal to construct a pedestrian refuge on Kissing Point Road, south of Monteith Street, Turramurra.

Resolved:

(Moved: Councillors Kelly/Spencer)

A. That a pedestrian refuge island be constructed on Kissing Point Road, south of Monteith Street, Turramurra.

B. That a detailed design of the pedestrian refuge island and bicycle safety facility around the refuge be referred to TfNSW for approval, prior to construction.

CARRIED UNANIMOUSLY

GENERAL BUSINESS

Minutes of Audit, Risk & Improvement Committee meeting held on 1 October 2020

File: CY00458/9

Vide: GB.1

To provide Council with a copy of the Minutes from the Audit, Risk & Improvement Committee meeting held on 1 October 2020.

Resolved:

(Moved: Councillors Greenfield/Clarke)

That Council receive and note the contents of this report.

CARRIED UNANIMOUSLY

Audit, Risk & Improvement Committee - Extension of Appointment - External Independent Chair

File: CY00458/9

Vide: GB.2

To consider offering a 2 year extension of appointment to the current External Independent Chair of Council’s Audit, Risk & Improvement Committee.

Resolved:

(Moved: Councillors Greenfield/Spencer)

That the current External Independent Chair of the Audit, Risk & Improvement Committee, is offered an extension to his appointment for a period of 2 years commencing from 2 March 2021.

CARRIED UNANIMOUSLY

Investment Report as at 30 November 2020

File: FY00623/3

Vide: GB.3

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

Resolved:

(Moved: Councillors Greenfield/Szatow)

That:

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

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

CARRIED UNANIMOUSLY

Investment Report as at 31 December 2020

File: FY00623/3

Vide: GB.4

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

Resolved:

(Moved: Councillors Greenfield/Spencer)

That:

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

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

CARRIED UNANIMOUSLY

Investment Report as at 31 January 2021

File: FY00623/3

Vide: GB.5

To present Council’s investment portfolio performance for January 2021.

Resolved:

(Moved: Councillors Greenfield/Spencer)

That:

A. The summary of investments and performance for January 2021 be received and noted.

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

CARRIED UNANIMOUSLY

Analysis of Land and Environment Court Costs - 2nd Quarter 2020 to 2021

File: FY00623/3

Vide: GB.6

To report legal costs in relation to development control matters in the Land and Environment Court for the quarter ended 31 December 2020.

Resolved:

(Moved: Councillors Greenfield/Szatow)

That the analysis of Land and Environment Court costs for the year ended 31 December 2020 be received and noted.

CARRIED UNANIMOUSLY

2020 - 2021 Budget Review - 2nd Quarter ended December 2020

File: S09112/9

Vide: GB.7

To inform Council of the results of the second quarter budget review of 2020/21 and proposed adjustments to the annual budget based on the actual financial performance and trend for the period 1 July 2020 to 31 December 2020.

Resolved:

(Moved: Councillors Greenfield/Spencer)

That the December 2020 Quarterly Budget Review and the recommended changes be received and noted.

CARRIED UNANIMOUSLY

Business Approved under Authority Delegated to the Mayor, Deputy Mayor and General Manager for the December - January Recess Period 2020/2021

File: CY00259/13

Vide: GB.8

To inform Councillors of any business approved under delegated authority during the 2020/2021 recess period.

Resolved:

(Moved: Councillors Greenfield/Smith)

That Council receive and note the report.

CARRIED UNANIMOUSLY

2021 National General Assembly of Local Government - Call for Motions

File: S02133

Vide: GB.9

To inform Councillors of an invitation from the Australian Local Government Association (ALGA) to submit motions to the 2021 National General Assembly (NGA) of Local Government.

Resolved:

(Moved: Councillors Greenfield/Spencer)

That:

A. Councillors provide any proposed motions for the 2021 National General Assembly of Local Government to the Manager Governance and Corporate Strategy by Friday, 26 February 2021, and that a further report providing details of any proposed motions be referred to Council at its meeting on 16 March 2021 for approval prior to submission to the ALGA.

B. Any Councillors interested in attending the 2021 National General Assembly of Local Government notify the General Manager by 30 March 2021.

CARRIED UNANIMOUSLY

Progress Status Report - December 2020

File: FY00621/3

Vide: GB.10

To provide Council with the Project Status Report reflecting results for October, November and December 2020

Resolved:

(Moved: Councillors Greenfield/Smith)

That:

A. Council receive and note the Project Status Report for December 2020.

B. The Project Status Report be placed on Council’s website.

CARRIED UNANIMOUSLY

Having declared an interest in Item GB.12, the Manager Urban and Heritage Planning withdrew from meeting for the following matter.

Heritage Reference Committee Meeting Minutes - 22 October 2020

File: CY00413/8

Vide: GB.12

To have Council consider the minutes from the Heritage Reference Committee (‘HRC’) meeting held on 22 October 2020. These minutes were confirmed by the HRC at the HRC meeting held on 26 November 2020.

Resolved:

(Moved: Councillors Greenfield/Smith)

That Council receive and note the Heritage Reference Committee minutes relating to 22 October 2020.

CARRIED UNANIMOUSLY

The Manager Urban and Heritage Planning returned to the meeting after debate on Item GB.12 concluded.

Proposed Heritage Listing of 207 Eastern Road, Wahroonga

File: S13065

Vide: GB.13

To present the proposed heritage listing of Laverty House, 207 Eastern Road, Wahroonga and its interiors, on Schedule 5 of the Ku-ring-gai Local Environmental Plan 2015 (‘KLEP 2015’) following the advice of the Ku-ring-gai Local Planning Panel (‘KLPP’).

Resolved:

(Moved: Councillors Greenfield/Szatow)

That:

A. Council adopt the planning proposal to amend the KLEP 2015 to include the allotment described as Lot B, DP414327 containing Laverty House - 207 Eastern Road, Wahroonga as a proposed heritage item in Schedule 5 and on the Heritage Map.

B. The Planning Proposal be forwarded to the Department of Planning and Environment for a Gateway Determination in accordance with the provisions of the EP&A Act and Regulations.

C. Upon receipt of a Gateway Determination, the exhibition and consultation process is carried out in accordance with the Gateway Determination and requirements of the Environmental Planning and Assessment Act, 1979.

D. A report be brought back to Council after the exhibition period.

CARRIED UNANIMOUSLY

Having declared an interest in Item GB.11, Councillors Smith and Szatow withdrew from debate on the following matter.

Site specific DCP - Part 62, 64-66 Pacific Highway, Roseville

File: S12030

Vide: GB.11

To have Council consider an amendment to the Ku-ring-gai Local Centres Development Control Plan (DCP) to include site specific controls to support the Planning Proposal for part 62, 64-66 Pacific Highway, Roseville.

MOTION:

(Moved: Councillors Ngai/Spencer)

That:

A. Council endorse, for the purpose of public exhibition, the amendments to the Ku-ring-gai Local Centres Development Control Plan (DCP) to include site specific controls to support the Planning Proposal for part 62, 64-66 Pacific Highway, Roseville.

B. The draft site specific DCP amendment be placed on public exhibition concurrently with the Planning Proposal for part 62, 64-66 Pacific Highway, Roseville.

C. A report be brought back to Council at the conclusion of the exhibition period for Council to consider any submissions made.

D. Council acknowledge that part of the development at 62, 64-66 Pacific Highway assumes the divestment of 156.80sqm of Roseville Town Centre community land.

E. Council acknowledge that on page 58 of Attachment A1 of GB19 of the OMC dated 22 October 2019, there appears to be a tentative price of $225,000 for the community land mentioned in point D above. Council also notes that there are members of the community who believe that $225,000 is not a satisfactory outcome for ratepayers, especially when considering that it results in a reduction of scarce community parking space while also allowing the developer to support an extra 3 dwellings on the site.

F. To support a wider range of valuation methodologies and in seeking a better outcome for our ratepayers, Council Staff review and propose changes to Council’s Acquisition and Divestment of Land Policy prior to any decision to sell the land mentioned in points D. and E. above. The final decision to sell this land (including the sale price) will be made by the elected councillors.

AMENDMENT:

(Moved: Councillor Clarke/ Greenfield)

That:

B. The draft site specific DCP amendment be placed on public exhibition concurrently with the Planning Proposal for part 62, 64-66 Pacific Highway, Roseville.

C. A report be brought back to Council at the conclusion of the exhibition period for Council to consider any submissions made.

For the Amendment: The Mayor, Councillor Anderson, Councillors Clarke and Greenfield.

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

The Amendment was put and declared LOST.

Debate recommenced on the Motion.

The Motion was put and declared CARRIED.

Resolved:

(Moved: Councillors Ngai/Spencer)

That:

B. The draft site specific DCP amendment be placed on public exhibition concurrently with the Planning Proposal for part 62, 64-66 Pacific Highway, Roseville.

C. A report be brought back to Council at the conclusion of the exhibition period for Council to consider any submissions made.

D. Council acknowledge that part of the development at 62, 64-66 Pacific Highway assumes the divestment of 156.80sqm of Roseville Town Centre community land.

For the Resolution: The Mayor, Councillor Anderson, Councillors Kay, Ngai, Pettett and Spencer.

Against the Resolution: Councillors Clarke, Greenfield and Kelly.

Councillors Smith and Szatow returned to the meeting after debate on Item GB.11 concluded.

St Ives Indoor Sports Centre - Heads of Agreement

File: S12712-3

Vide: GB.14

To update Council on the draft Heads of Agreement (HoA) with the Department of Education for the proposed joint use indoor sports centre at St Ives High School.

Motion:

(Moved: Councillors Smith/Greenfield)

That:

A. Council accept the risks, costs and benefits associated with the project and draft Heads of Agreement as discussed in the report and subsequent legal advice, and:

1. Council resolve to endorse the Heads of Agreement;

2. The budget for the project be increased by $2.2m from $17.4m to $19.6m; and

3. Loan borrowing for the project be increased from $11.3m to $13.5m (to be repaid from asset sales).

B. Council endorse the Concept Design (as presented and attached to this report) for documentation of a Development Application (DA) to be lodged before the end of the financial year.

AMENDMENT

(Moved: Councillor Kay)

A. That Council accept the risks, costs and benefits associated with the project and draft Heads of Agreement and:

Council resolve to endorse the Heads of Agreement.
The budget for the project be increased by $2.2m from $17.4m to $19.6m; and
Loan borrowing for the project be increased from $11.3m to $13.5m (to be repaid from asset sales)

B. That Council endorse the Concept Design (as presented and attached to this report) for documentation of a Development Application (DA)

C. That Council immediately instructs its architects to prepare and lodge the DA for the project with the DA to be lodged no later than 1 June 2021.

D. That Councillors be advised when the DA is lodged and that the Council staff do all things necessary to ensure that the planning approvals be obtained as soon as possible and by no later than June 2022.

E. That the Heads of Agreement be immediately executed and delivered upon by Council; including but not limited to proceeding forthwith to negotiate and enter into legally binding agreements as contemplated by the Heads of Agreement including:

1. A Project Deed; and

2. A licence Agreement

F. That, until further resolution, a report to Council be made at each subsequent Council meeting of progress with respect to the finalisation of the above steps, and the progress of the project generally with Councillors be advised between Council meetings of the achievements of any milestones in the project.

G. That Council staff at all times be cognisant that the retentions by Council of the $3.5m Office of Sport grant is dependent upon being able to demonstrate that Council has expeditiously executed the above steps and progressed construction of the project.

The above Amendment lapsed due to the absence of a seconder.

AMENDMENT:

(Moved: Councillors Ngai/Spencer)

A. That Council accept the risks, costs and benefits associated with the project and draft Heads of Agreement as discussed in the report and subsequent legal advice, and:

1. Council resolves to endorse the Heads of Agreement;

2. The budget for the project be increased by $2.2m from $17.4m to $19.6m; and

3. Loan borrowing for the project be increased from $11.3m to $13.5m (to be repaid at least in part from asset sales).

B. Council endorse the Concept Design (as presented and attached to this report) for documentation of a Development Application (DA) to be lodged before the end of the financial year.

Councillor Kelly left the meeting, due to technical difficulties, during debate and voting on the Amendment.

Procedural Motion:

(Moved: Councillor Clarke/ Szatow)

That the meeting be adjourned for 5 minutes.

CARRIED UNANIMOUSLY

The meeting resumed at resumed at 8:33pm.

The Amendment was put and declared LOST:

For the Resolution: Councillor Ngai.

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

Debate recommenced on the Motion.

Councillor Kelly returned to the meeting during debate on the Motion below.

Resolved:

(Moved: Councillors Smith/Greenfield)

That:

A. Council accept the risks, costs and benefits associated with the project and draft Heads of Agreement as discussed in the report and subsequent legal advice, and:

1. Council resolve to endorse the Heads of Agreement;

2. The budget for the project be increased by $2.2m from $17.4m to $19.6m; and

3. Loan borrowing for the project be increased from $11.3m to $13.5m (to be repaid from asset sales).

B. Council endorse the Concept Design (as presented and attached to this report) for documentation of a Development Application (DA) to be lodged before the end of the financial year.

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

Against the Resolution: Councillor Kelly.

Motions of which due Notice has been given

Amendment to the Outdoor dining policy

File: S11530/2

Vide: NM.1

Notice of Motion from Councillor Kelly dated 13 November 2020

After an internal review of the outdoor dining policy following a couple of incidents earlier this year, it was decided to temporarily suspend the requirement for businesses to subscribe to a permit for outdoor dining until council had reviewed, amended and adopted the policy, making it more suitable for the current circumstances.

Then COVID-19 enveloped us and there was the conflicting interests of keeping people socially distant with allowing enough business to pass through to allow a business to survive. Maybe not prosper, but survive.

I took it upon myself to canvass a number of small business owners in the LGA and they were struggling. Some that were originally geared for dine-in only business were struggling to adapt to a take-away business model. Others had their own unique issues. The last thing they needed was bureaucracy cutting them off at the knees.

The current outdoor dining policy is in dire need of review. Fortunately, the Minister for Local Government has come to the rescue with a new initiative to assist in this process.

I, therefore, move that Council:

A. Apply to OLG for assistance in adopting the new paradigm and engage with the community to encourage more outdoor dining initiatives.

B. Suspend all outdoor dining fees and penalties until the end of the current financial year.

C. Expedite initiatives such as the St John’s Avenue “eat street” plan.

D. Work with OLG to review and update the current outdoor dining policy and return it to Council for adoption at least one month before the end of this financial year.

Resolved:

(Moved: Councillors Kelly/Spencer)

That the above Notice of Motion be withdrawn.

CARRIED UNANIMOUSLY

The Meeting closed at 8:55pm

The Minutes of the Ordinary Meeting of Council held on 16 February 2021 (Pages 1 - 21) were confirmed as a full and accurate record of proceedings on 16 March 2021.

__________________________ __________________________

General Manager Mayor / Chairperson

Ordinary Meeting of Council - 16 March 2021	GB.1 / 49

Item GB.1	S09438

Business Engagement Update 2021

EXECUTIVE SUMMARY

purpose of report:	To provide Council with an update regarding the business engagement program, relevant local business statistics and a summary of results from Council’s second Annual Business Survey.

background:	As part of Council’s commitment to supporting local businesses, Council undertakes a program of business engagement. This includes delivery of business events, liaison and partnerships with other government and external bodies as well as research and reporting on local business activity and performance.

comments:	This report provides an update on Council’s business engagement program including the results of Council’s second annual business survey as well as key statistics relating to businesses in Ku-ring-gai.

recommendation:	That Council receive and note this report, and that Council support conducting the Annual Business Survey, and report on results on an annual basis.

Purpose of Report

To provide Council with an update regarding the business engagement program, relevant local business statistics and a summary of results from Council’s second Annual Business Survey.

Background

Local Economy and Employment is one of Council’s six strategic themes in the ‘Our Ku-ring-gai 2038 Community Strategic Plan’. An important part of this theme is Council’s commitment to support and engage with local business.

Council at its meeting of 17 March 2020 resolved in part that ‘That Council conduct the Annual Business Survey and report on the results on an annual basis.’

This report provides an overview of results of Council’s second business survey as well as an overview of business engagement activities, key business statistics other related activities.

Comments

Introduction

Council has had a long-standing commitment to supporting local businesses in Ku-ring-gai. In a year where Australia entered its first recession in 29 years, government at all levels has played an important role in doing this.

Ku-ring-gai Council has played its part by providing financial support through suspension/delay of some fees and by increasing the education and connection opportunities for local businesses with industry experts in addition to support from other levels of government. Council also ran a COVID-19 community grants program, and has undertaken research and funded subscriptions to tools that are useful for local businesses to understand the local market and related demographic trends.

Highlights of the year

Council undertook a number of initiatives in 2020. Where possible Council collaborates with other government, councils and peak bodies to maximise benefit at the lowest possible cost. All projects are informed by expertise provided by local and business stakeholders, with Council continuing to build relationships and a strong reputation for supporting local business. A total of 30 events were delivered (up from12 in 2019) - all but one of these events were presented online.

Open for Business program

Designed to support businesses deal with the challenges presented by the COVD-19 pandemic, this online event program commenced in April 2020. Nearly 700 local business people attended the 17 sessions that focused on helping businesses tackle challenging market conditions and identify opportunities to pivot their offering and learn new skills.

Small Business Impact program

Funded by NSW Government as part of Small Business Month, the Small Business Impact webinars were a series of 12 sessions delivered over 3 weeks in October 2020. Designed to deliver useful easily applied information, the 30 minutes sessions covered a range of topics, run by professional business advisors and industry experts.

Home Based Business research

Research project run in partnership with Regional Development Australia (Sydney) with support of the NSW Small Business Commission, this work focused on identifying the scope of home based businesses in Ku-ring-gai and how this significant but often overlooked sector can be supported.

The first phase of the project is complete with the second phase due for completion in early 2021.

Outdoor dining research

In late 2020, Council undertook a survey of outdoor dining permit holders and other food and beverage businesses to identify how to improve and support outdoor dining. Initial analysis from research indicates the condition of Council’s streetscape is a key challenge for quality outdoor dining. There is potential for addressing these issues in upcoming streetscape upgrades and implementation of the public domain plans. Council is working with Service NSW and the Office of Local Government to look at opportunities to improve outdoor dining.

Economy ID

Council extended its subscription with .id demographics (access to demographic data to Council and the community) to include the full suite of economic data which can be used by local business and Council to inform business and policy decisions.

Ongoing communications via the Business Connections E-news

Monthly and sometimes more frequent e-newsletters are distributed to local businesses to stay informed about Council and other relevant programs and services. In 2020 subscribers increased by 265 (21%) to 1513 with 14 newsletters being distributed. In addition, 5 Business Bulletin E-newsletters were distributed to all Ku-ring-gai registered ABN holders (18K plus) providing information about events and research projects.

Statistics regarding businesses in Ku-ring-gai

The following statistics are derived from the Australian Business Register (ABR) data accurate on 10 February 2021.

1) Total registered businesses (ABNs ) in Ku-ring-gai (excluding super funds, government, strata titles and body corporates)

a) Total businesses registered- 45,143

b) The top three industry categories represented (making up 51% of total) are:

1) Professional, Scientific and Technical Services – 22%

2) Financial and Insurance Services – 18%

3) Rental, Hiring and Real Estate Services – 11%

Of the businesses in Ku-ring-gai, 16,809 (37%) are registered for GST. Companies with a gross income of over $75k per annum or not-for-profit companies with a gross income of over $150k must register for GST.

2) New businesses in 2020

New businesses registered– 4168 (9% increase on new starts in 2019)

Graph 1 – New business in Ku-ring-gai since 2016

The top three industry categories represented (making up 44% of total) were:

1) Professional, Scientific and Technical Services – 24%

2) Financial and Insurance Services – 11%

3) Retail – 9%

The following graph details the top ten categories of new business starts over the past 6 years. Professional, Scientific and Technical Services is the largest sector and has consistently grown over this period. Education and Healthcare and Retail are also consistency on the increase. All sectors in the top ten saw increases accept administration and support services.

Graph 2— New ABN registrations in Ku-ring-gai by type since 2015 (based on 6 year top ten categories)

Graph 3— 2020 new business registrations compared to five-year average % (based on 6 year top ten categories)

Looking at new business trends, 2020 saw a significant positive variation from the 6 year average for Retail and Education and Training new starts (61% and 40% variation respectively). Only one sector in the top ten experienced a negative variation from the six-year trend which was Rental, Hiring and Real Estate Services, which saw a 10% negative.

Of the new businesses registered in 2020, 1166 (28%) businesses are registered for GST.

Employment in Ku-ring-gai

Based on 2018/19 figures which are the most up to date)

1) Local Jobs - 36,299 (Source NIER 2019)

2) Employed residents – 67,379 (Source NIER 2019)

3) Top three industry sectors for employment (Source NIER 2019)

Sector	% of jobs in sector
Health Care and Social Assistance	24
Education and Training	20
Professional, Scientific and Technical Services	12

Impacts of COVID-19

COVID-19 had a substantial impact on economic activity in 2020. The Annual Business Survey indicated that 55% of survey participants had been negatively impacted by the pandemic.

Ku-ring-gai Economy ID outlines detailed analysis of the impacts of COVID-19 by comparing September quarter 2020 to September quarter 2019. The tool draws on the economic forecast model developed by NIEIR and focuses on the impacts to September 2020.

Key insights from the data

· Gross regional product (GRP) forecast in the September quarter 2020 to be the same as equivalent quarter in 2019. This indicates no overall impact to economic output.

· Compared to Greater Sydney, NSW and Australia as a whole, Ku-ring-gai has performed well.

Impact on jobs

· Local jobs were forecast to fall by -3.2% in the September quarter 2020. This equates to a fall of 1,190 local jobs.

· In the absence of JobKeeper payments, the employment fall estimated at -3.2% (1,190 jobs)

· The impact on employed residents (-1.4%) was lower than the local job impact.

Sector impacts - Top 3 (without the JobKeeper scheme)

· Accommodation and Food Services (-626 local jobs)

· Retail Trade (-402 local jobs)

· Arts and Recreation Services (-257 local jobs)

More information can be seen on the Ku-ring-gai Ecomonmy ID website which is regularly updated.

Business survey

Council undertook its second Annual Business Survey which is conducted to assess local business sentiment, hear what businesses think about local Council services and facilities and get feedback on how Council can provide most value though its business engagement program. The survey also measures performance areas outlined in Council’s integrated planning and reporting framework.

The 2020/21 survey was expanded from the 2019/20 version to include questions on the impacts of COVID-19, disaster preparedness, the visitor economy and ideas for outdoor dining.

The survey was opt-in and therefore does not provide statistically accurate results. Results are only indicative of local business opinions.

Survey participation

· 308 people completed the survey

· Top three business sectors represented:

1) Professional, Scientific and Technical Services - 21%

2) Healthcare and Social Assistance – 13%

3) Other Services - 11%

· Most represented business locations – Turramurra Gordon and Wahroonga

· 84% had five employees or less with 48% being sole traders,

Key findings

Business Sentiment

Rating Council

Other Feedback

• COVID 19 has had a negative impact on 55% businesses surveyed. 28% were not impacted and 17% positively affected.

• 40% indicated good business performance (down from 53% in 2019), 35% fair performance and 22% poor with remainder unsure

• 49% felt business would be better in the next 12 months

• 48% thought the Ku-ring-gai economy will be performing better than now in 12 months

• COVID 19 and associated uncertainty was the main challenge currently being faced.

· 58% were at least somewhat satisfied with the level of attractiveness and vitality of local centres (up from 51% in 2019). 19% were dissatisfied. 23% did not know.

· 77% of those that gave a rating were at least somewhat satisfied with Council’s regulatory services. (an increase from 73% in 2019)

· 82% of business engagement event participants were at least somewhat satisfied (up from 81% in 2019)

· 78% of those that gave a rating were at least somewhat satisfied with other Council initiatives to partner and support local business.

· Awareness of the business events program increased by 19% compared to 2019 – this was a key focus for 2020.

· 12% increase of respondents that had attended business events in the past 3 years compared to 2019.

· Respondents indicated slight preference for virtual events in the future

· 53% indicated that tourism was at least somewhat valuable to their business.

· 86% indicated they were at least somewhat prepared for disruptions caused by emergency events

· Improving quality of streetscapes and continued suspension of outdoor dining fees were identified as ways to support outdoor dining.

Actions

COVID-19 continues to impact local business. Council will continue to work with industry stakeholders to identify way to support businesses and where possible collaborate with other local and state agencies to deliver this in a cost effective way.

Awareness of Council’s business engagement program has improved but work will continue to promote the program and associated opportunities. Council will also engage with businesses regarding local centre upgrades and look to build on improving the quality of our town centres as these streetscape upgrades continue.

The outcome of the survey will inform future planning of the business engagement program and other economic devilment priorities including efforts to better support outdoor dining. Results will also feed into the future review of documents/strategies including the Community Strategic Plan.

Council’s business engagement events program

Business events –2020

COVID 19 had a significant impact on the business engagement events program in 2020. One face-to-face event was delivered before COVID restrictions necessitated a change in approach. 30 events were delivered (up from12 in 2019), all but one online.

Face to face to event

Fit for business. Boost your wellbeing - held 19 February delivered by local fitness trainer Anja Lineen. 29 people registered with 12 attending.

Ku-ring-gai Open for Business program

Based on advice from local business stakeholders and the state government, Council staff quickly developed a program of online events designed to support businesses in the challenging environment. The Open for Business program focused on helping business understand opportunities available to them, upskill and pivot their offering to meet the changing demand of the market. Weekly events delivered by Zoom commenced in mid-April and ran through to the end of June. Events were subsequently moved to monthly sessions and ran until December 2020. The sessions were as follows:

Event title	Speaker	Date	Registered	Attended
1. What’s your small business lockdown plan?	Alexi Boyd	15 April	93	60
2. How to set up/run your online shop	Ben Boyd	22 April	139	80
3. Using Facebook to build your business and community	Heather Porter	22 April	167	95
4. Maximise your online presence	Richard Pearce	6 May	134	65
5. Monetising your pivot - how to adapt, survive and still make money in challenging times	Maree Kirkpatrick	13 May	76	45
6. Building a profitable referral network to grow your business faster	Guy de Tourettes	20 May	78	36
7. Developing an emerge from COVID-19 business plan	Brendan Ryan	27 May	58	35
8. Maximising your access to government financial support	Keith Whelan	3 June	68	45
9. How to effectively use LinkedIn to connect with your clients	Karen Tisdell	10 June	115	55
10. Building blocks for marketing – the five things you need to identify before you start	Jane Baxter	17 June	43	25
11. Simple financial forecasting tools to apply for your future business success	Adam West	24 June	38	28
12. Help available in the new financial year	Antony D’Cruz/Katherine Blizard	1 July	45	34
13. Boost your wellbeing and your business	Sian Mertens	12 August	59	35
14. Simple steps for café and restaurant success	Tim Noye	7 September	33	21
15. The ten steps to accelerating your sales funnel in 2020 and beyond	Peter Strohkorb	12 November	46	27
16. Virtual networking session	Will Adames	9 December	22	12

Ku-ring-gai Small Business Impact webinars

Funded by NSW Government as part of Small Business Month, the Small Business Impact webinars were a series of 12 session delivered over 3 weeks in October 2020. Designed to deliver useful easily applied information, the 30-minute sessions covered a range of topics as follows:

Event	Speaker	Registrations
3 Things everyone needs to know about government grants	Amy Chen	66
How to future-proof your business	James Evangelidis	43
Tips to build your online brand	Megan Hauptfleisch	56
Stand out from the crowd: 5 secrets for creating website content that sells	Liza Taylor	47
Two ways to stay relevant	Patch Clunes	30
The big two things you have to get right when managing money in your business	Amy Chen	29
Preparing for the new normal – getting your head & your business in the right mode	James Evangelidis	19
Using LinkedIn to grow your brand – case study	Palisha Tuladhar & Jaclyn Wainwright	41
How do I secure the right people in the right jobs to support my business – particularly in these times	Jo Attard	23
Negotiate then gain value in just 5 steps	Campbell McKay	30
Think different and grow faster	James Evangelidis	32
Two things to never do on social media when it comes to your business	Sara Berry	48

Business engagement events - 2021

Council will continue running events in 2021 and introduce face-to-face sessions as COVID-19 restrictions permit.

Commencing in late February, Council is delivering a program of business mentoring in partnership with the MAP Institute and City of Ryde Council. Plans to further support outdoor dining and homebased business will be explored as the year progresses.

Other business related events

A new initiative called Enliven Ku-ring-gai is being delivered with grant assistance from the NSW Government. Part of the NSW Festival of Place, the initiative will bring entertainment to four centres during March.

In October 2019, Council presented a Home Based Business (HBB) event in partnership with City of Ryde Council and CSIRO. The event brought together local HBBs to hear from keynote speakers and attend workshops on a range of topics. The NSW Minister for Small Business and Finance also attended, launching a new web resource designed to support HBBs built on information received from research undertaken by the NSW Small Business Commission.

Following the success of the October 2019 event, Council staff identified a need to build on the Small Business Commission research and focus on the HBB sector in Ku-ring-gai. In spring 2020 Council collaborated with Regional Development Australia (RDA) Sydney, supported by the NSW Small Business Commission to undertake a research project which aimed to:

· Gather primary data on the key business sectors and operating environments of HBBs within Ku-ring-gai Council

· Understand the key challenges, needs and motivations of HBBs operating within

Ku-ring-gai

· Identify a range of strategies and programs that Ku-ring-gai Council can develop and implement to effectively support, connect and sustain the local HBB sector

The project involved desktop research, surveys of local HBBs and interviews with HBBs and other relevant stakeholders.

The project identified that there is a strong HBB presence in Ku-ring-gai. The majority of the workforce operating at home within the LGA is within the Professional, Scientific and Technical Services sector. With the increased prevalence of remote working in response to the COVID pandemic, strong growth is envisaged in the number of HBBs over the short to medium-term.

The research provided further insights and recommendations for actions to support HBB. The recommendations included:

· Setting a core mission and vision for supporting HBB in Ku-ring-gai

· Focus on defining the Council brand and position in alignment with the mission and vision

· Focus on building stronger engagement with HBB across a number of platforms

· Continue to collaborate with other stakeholders (including neighbouring councils) to deliver a variety of opportunities for HBBs

· Support HBBs to connect with each other and their customers

· Drive local collaboration through business-led initiatives

Council is organising a roundtable (taking place in March 2021) to discuss the research recommendations with other councils and the state government with the objective of closer collaboration in providing support to HBB in Ku-ring-gai and across Northern Sydney.

Outdoor dining

On 17 November 2020 Council resolved to adopt Mayoral Minute MM1 Outdoor Dining that set out recommendations about how local food and beverage businesses can be assisted to take account of the effects of the COVID-19 pandemic on eating out.

In response to the Mayoral Minute, outdoor dining and other local food and beverage businesses were contacted to gather feedback regarding the provision of outdoor dining in Ku-ring-gai. The process sought to identify strengths and weaknesses in current outdoor dining arrangements and identify opportunities for improvement. A question regarding outdoor dining was also included in the Ku-ring-gai Annual Business Survey.

The feedback received indicated Council processes are not a significant impediment, and that unsurprisingly, businesses would rather not pay fees. The biggest issues identified were the condition and design of streetscapes, and the limited opportunities for outdoor dining in some places, such as footpath width and proximity to major roads.

Many of these issues are being addressed with the upcoming streetscape upgrades in Gordon, Lindfield and Turramurra, as identified in the public domain plans. However, Council is investigating further opportunities to assist existing operators in the short term and have met with the OLG and Service NSW to ensure state government support is optimised and Council’s efforts align with those being taken regionally and across the state.

Further work is ongoing in relation to outdoor dining, including examination of the Outdoor Dining Policy in relation to public domain plans and other initiatives.

Conclusion

Council has and will continue to work to support the local economy and employment through the delivery of events, research and other initiatives. It will also work to connect Ku-ring-gai businesses with support programs offered by other government agencies through regular communications via digital and traditional media.

COVID-19 significantly affected the economy in 2020. Although Ku-ring-gai has fared better than some other areas, Council will work to support business in collaboration with other agencies. In 2021, the focus will be on outdoor dining, home based businesses and working with businesses in local centres to support the implementation of public domain upgrades.

integrated planning and reporting

THEME 5 - Local Economy and Employment

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
Long Term Objective E1.1: Ku-ring-gai is an attractive location for business investment.	E1.1.1: Ku-ring-gai’s opportunities and assets are promoted and strengthened to attract business and employment to the area.	E1.1.1.1: Continue to provide opportunities for local businesses to be involved in the planning for delivery of major centre upgrades.
		E1.1.1.3: Continue to engage and collaborate with the local business community on economic development priorities, actions and relevant issues
		E1.1.1.4: Continue Council’s comprehensive business engagement events program.
	E2.1.1: Ku-ring-gai’s business community, government agencies and regional partners are working in an effective and integrated way to strengthen and develop Ku-ring-gai’s local economic base.	E2.1.1.1: Continue to seek opportunities to collaborate with other local councils, NSW State Government, other peak bodies and nongovernment organisations (NGOs).
		E2.1.1.2: Continue to support the Easy to do Business Program including its expansion into new industry sectors as identified by Service NSW.

Governance Matters

Local economy and employment is a theme within Council’s Community Strategic Plan.

Risk Management

As a member of the state government’s Small Business Friendly Councils Program, adherence to the associated charter must be complied with.

Financial Considerations

Business engagement is funded within the Community budget.

Social Considerations

There are significant social benefits and outcomes of delivering a business engagement program.

New events, markets and social capital will increase usage of our local centres and community assets, connecting our community with local businesses and improving the economic and social viability of our local places and spaces.

Environmental Considerations

There are no environmental considerations associated with this report. Council works closely with the Better Business Partnership, co-delivering events and sharing contact networks.

Community Consultation

This report was informed by consultation via the Annual Business Survey, findings of the Home Based Business Research as well as other feedback received from events feedback and related discussions.

Internal Consultation

No internal consultation is required for this report

Summary

Council continues to provide support to local businesses through its business engagement program. In 2020, 30 business engagement events were delivered, all but one online. Council also collaborated with external agencies to undertake research into the home based business sector as well as undertaking the Annual Business Survey. Council also subscribed to Economy ID, which provides insights for Council and local businesses into local economic performance and trend using economic and demographic data analysis.

Data collected indicates that 2020 was a challenging year for Ku-ring-gai businesses although overall the local economy has fared better than most. However, Council acknowledges that support is required to help many businesses recover and will work with other local and state agencies to support the local economy in 2021 and beyond.

Recommendation:

That Council receive and note this report.

William Adames

Community & Business Engagement Co-ordinator

Virginia Leafe

Manager Corporate Communications

Janice Bevan

Director Community

Ordinary Meeting of Council - 16 March 2021	GB.3 / 63

Item GB.3	FY00382/12
	14 December 2020

Revised Delivery Program 2018-2021 and Operational Plan 2020-2021 - Bi-Annual Report

EXECUTIVE SUMMARY

purpose of report:	To report to Council on the progress of the Revised Delivery Program 2018-2021 and Operational Plan 2020-2021, for the six month period July to December 2020.

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

comments:	This report provides a six (6) month progress review of term achievements and tasks contained in the Revised Delivery Program 2018-2021 and Operational Plan 2020-2021.

recommendation:	That: A. The results for the December 2020 six month progress and exception report for the Delivery Program 2018-2021 and Operational Plan 2020-2021 be received and noted. B. The following additional task be included in the Operational Plan 2020-2021: ‘Promote local tourism activities to the whole community via Council’s communication methods e.g. social media and website’.

Purpose of Report

To report to Council on the progress of the Revised Delivery Program 2018-2021 and Operational Plan 2020-2021, for the six month period July to December 2020.

Background

Council adopted the Revised Delivery Program 2018-2021 and Operational Plan 2020-2021 in June 2020.

The Revised Delivery Program contains term achievements which work towards achieving the community’s vision, long term objectives and priorities during Council’s term of office. The Operational Plan details the individual projects, services and actions which will be undertaken during the 2020-2021 year of the Delivery Program. These are listed under the following six (6) themes or principal activity areas:

1. Community, People and Culture

2. Natural Environment

3. Places, Spaces and Infrastructure

4. Access, Traffic and Transport

5. Local Economy and Employment

6. Leadership and Governance

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

Six monthly reporting to Council is undertaken in compliance with the Local Government Act, 1993 and Integrated Planning and Reporting guidelines. Tied to this reporting, Council also receives quarterly budget reports which provide data on the financial position of Council in terms of its income and expenditure, as well as the status of its adopted capital works program. A separate report on the December budget review for 2020-2021 was presented to Council’s Ordinary Meeting of 16 February 2021.

Comments

The December bi-annual report (Attachment A1) presents the organisations’ progress against the term achievements and tasks in the Delivery Program and Operational Plan. All departments have provided status updates on the progress of term achievements and operational plan tasks including commentary provided for those not progressing to schedule.

Additional task

Following the September 2020 quarter review an additional task is proposed for inclusion in the Local Economy and Employment theme of the Operational Plan 2020-2021. The task reflects the recent changes to responsibilities of the Manager Corporate Communications and Manager Visitor Experience and Events as follows:

Proposed new task – ‘Promote local tourism activities to the whole community via Council’s communication methods e.g. social media and website.’ Responsible Officer - Manager Corporate Communications

COVID implications

Following changes to the delivery of a number of Council services in the 2019-2020 year, in response to COVID-19, tasks in the current 2020-2021 year generally reflect those changes and further specific measurement of COVID-19 impacts will not be required.

Key Achievements and challenges

There were a number of significant achievements across Council services, programs and activities as well as challenges during the six month period July to December 2020, as listed below:

Achievements

· Innovative programs developed in partnership with community organisations within COVID-19 restrictions including online carer support programs, virtual tours, art therapy classes, cross regional exhibitions, and home support webinars for seniors.

· $800,000 secured in grant funding from the RFS to improve the fire trail network connecting North Wahroonga to North Turramurra. This work is in addition to all treatments already identified for bushfire mitigation.

· Development of draft Plans of Management for Natural Areas and the St Ives Showground and Precinct Land.

· The Climate Wise Communities program won the LGNSW RH Doherty Excellence in Communication award and was runner up in the Cities Power Partnership awards - Community Resilience through Technology Innovation, LGNSW awards Excellence in the Environment and Resilience NSW awards.

· Adoption of new emissions targets including net zero emissions for Council operations by 2040 or earlier; net zero emissions for the Ku-ring-gai community by 2040 or earlier as well as 100% renewable energy for Council operations by 2030, whilst pursuing efforts to reach this by 2025.

· Adoption of Public Domain Plans for exhibition in 2021.

· Endorsement of a Draft Heritage Strategy for public exhibition.

· Funding for the High Pedestrian Activity Area scheme around Gordon Railway Station.

· Development and launch of Council’s new website in December 2020.

· The Library’s 75th Anniversary celebration which included a digital history display at all branches, a cabinet display of library ephemera for Gordon and the time capsule contents display.

· Significant increase in library e-resources usage up by 128% as compared to the same time last year.

· Awarded $20,155 grant from the Australia Day Council for the Australia Day 2021 program

· Achieved National tourism media coverage for Ku-ring-gai Wildflower Garden and St Ives Showground:

- Very successful Sunset Drive-In Cinema regional COVID-19 safe event

- Highly attended Santa in the Garden regional COVID-19 safe event

· Parks and playgrounds

- St Ives Village Green Recreation Precinct released to tender

- Narange Reserve Playground Concept finalised

- St Ives Showground works completed

- St Ives Showground Regional all- inclusive playground completed

- Putarri Reserve construction completed

- Abingdon Road Playground construction completed

· Funding received from the Department Planning, Industry and Environment for the Lane Cove - Northern Catchments flood study project.

· Construction of Babbage Road Neighbourhood Centre complete.

· Adoption of draft Public Domain Master Plans for Turramurra, Lindfield and Gordon local centres.

· Grant funding received under the NSW Government’s ‘Streets As Shared Spaces Program’ to install a temporary separated cycleway along Gilroy Road in Turramurra Local Centre.

· Grant funding of $5,000 received to refurbish Wahroonga War Memorial.

Challenges

· Transitioning from face to face business events to providing online business events during the COVID-19 pandemic.

· After a long period of online communication to people due to the COVID-19 safety concerns, about half of the online training participants indicated that they were screen fatigued and wished to return to face-to-face sessions soon.

· Keeping volunteers motivated to return to their sites after suspension of programs.

· Access to buildings remains difficult during COVID-19 restrictions to inspect and carry out maintenance

Performance monitoring

Integrated Planning and Reporting places a strong emphasis on the community being regularly informed on progress in achieving the community’s long-term objectives and vision for Ku-ring-gai as detailed in the Community Strategic Plan (CSP).

The bi-annual report (Attachment A1) presents the organisation’s six month progress against the 200 tasks and 56 term achievements in the Delivery Program and Operational Plan across the six (6) themes.

At the end of the six month period from July to December 2020:

Tasks:

· 92.5% (184) of tasks were completed (indicated with a tick) or progressed to schedule (indicated with a green traffic light);

· 4% (8) were behind schedule (indicated with an amber traffic light); and

· 3.5% (7) were significantly behind schedule (indicated with a red traffic light).

Term achievements:

· 98% (54) of term achievements were progressed to schedule (indicated with a green traffic light);

· 2% (1) was significantly behind schedule (indicated with a red traffic light).

It is noted that Task P4.1.4.1 and Term Achievement P4.1.4, relating to the Turramurra Community Hub major project, are not included in performance percentages, as they were previously placed on hold by Council resolution.

Performance and commentary provided for the period 1 July 2020 to 31 December 2020, demonstrates sound progress across all themes. Reasons for delays and remedial actions for those tasks and term achievements not progressing to schedule are included in Attachment A1.

integrated planning and reporting

Theme 6 – Leadership and Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

L1.1 - A shared long term vision for Ku-ring-gai underpins strategic collaboration, policy development and community engagement.

L1.1.1 - The priorities of our

community are reflected in the

Ku-ring-gai Community Strategic Plan and inform Council’s policy development, decision-making and program delivery.

L1.1.1.3 – Complete all statutory reporting required under the Local Government Act, 1993 and Integrated Planning and Reporting Framework.

Governance Matters

The NSW Division of Local Government’s Integrated Planning and Reporting guidelines and the Local Government Amendment (Planning and Reporting) Act, 2009, Section 404 of the Local Government Act, 1993 requires a progress report to be presented to the Council on the principal activities detailed in the Delivery Program and Operational Plan at least every six (6) months. This requirement is met through the bi-annual reports presented to Council for the six month periods July to December and January to June each year.

Risk Management

Consistent with the Local Government Act, 1993, the preparation, reporting and consideration by Council on the progress of the Delivery Program and Operational Plan is undertaken every six (6) months through bi-annual reports.

Financial Considerations

There are no direct financial considerations associated with the adoption of the recommendations contained within this report. A separate report on the December budget review for 2020-2021 was presented to Council’s Ordinary Meeting of 16 February 2021.

Social Considerations

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

Environmental Considerations

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

Community Consultation

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

Internal Consultation

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

Summary

Performance and commentary on the progress of the Delivery Program 2018-2021 and Operational Plan 2020-2021, for the period 1 July to 31 December 2020, demonstrates sound progress across all themes. This includes progress comments for one year tasks and term achievements under each theme or principal activity area. These are included in Attachment A1.

Reasons for delays and proposed remedial actions for certain tasks and term achievements not proceeding on schedule are also provided in Attachment A1.

Recommendation:

That:

A. The results for the December 2020 six months progress and exception report for the Delivery Program 2018-2021 and Operational Plan 2020-2021 be received and noted.

B. Inclusion of the following additional task in the Operational Plan 2020-2021:

‘New Task - Promote local tourism activities to the whole community via Council’s communication methods e.g. social media and website.’

Helen Lowndes

Integrated Planning Coordinator

Michael Wearne

Manager Governance and Corporate Strategy

David Marshall

Director Corporate

Attachments:

A1⇩

Revised Delivery Program 2018-2021 and Operational Plan 2020-2021 - December 2020 bi-annual report – Circulated separately

2021/058078

Ordinary Meeting of Council - 16 March 2021	GB.4 / 71

Item GB.4	FY00623/3
	1 March 2021

Investment Report as at 28 February 2021

EXECUTIVE SUMMARY

PURPOSE OF REPORT:	To present Council’s investment portfolio performance for February 2021.

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

comments:	The net return on investments for the financial year to February 2021 was $2,327,000, against an annual revised budget of $2,354,000 giving a year to date unfavourable variance of $27,000.

recommendation:	That the summary of investments performance for February 2021 be received and noted; and that the Certificate of the Responsible Accounting Officer be noted and the report adopted.

Purpose of Report

To present Council’s investment portfolio performance for February 2021.

Background

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

Comments

Investment Portfolio Performance Snapshot

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

Cumulative Investment Returns against Revised Budget

The net return on investments for the financial year to 28 February 2021 was $2,327,000 against an annual revised budget of $2,354,000 giving a year to date unfavourable variance of $27,000 as shown in the table below. The annual forecast budget has been reviewed in light of reduced interest rates and a reduction of $100K was adopted in the December 2020 Quarterly Budget Review. Council will continue to monitor the trends and further adjustments will be made if required as part of March 2021 Quarterly Budget Review.

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

Cash Flow and Investment Movements

Council’s total cash and investment portfolio at the end of February 2021 was $198,667,000 compared to $195,012,000 at the end of January 2021, a net cash inflow of $3,655,000 mainly due to third instalment of rates income.

There were two investments that matured during the month of February 2021.

Investment Performance against Industry Benchmark

Overall during the month of February the investment performance was above the industry benchmark. The benchmark is specific to the type of investment and the details are provided below. AusBond Bank Bill Index is used for all Council’s investments.

Table 1 - Investments Performance against Industry Benchmarks

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

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

Table 2 - Investments Portfolio Summary during February 2021

* Weighted average returns

** Funds in at-call/short term accounts are working funds kept for the purpose of meeting short term cash outflows. At the time of investing interest rates were comparable or more competitive to other equivalent investments. At-call investments portfolio is being monitored on a regular basis to ensure funds are reinvested at higher rates when opportunities arise, whilst also keeping and adequate balance for short-term cash outflows.

*** Market Value of February 2021 were not available when the report was being prepared

Investment by Credit rating and Maturity Profile

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

integrated planning and reporting

Leadership & Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

Council maintains and improves its long term financial position and performance

Continue to analyse opportunities to expand the revenue base of Council

Governance Matters

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

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

(1) The responsible accounting officer of a council:

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

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

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

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

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

Risk Management

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

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

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

Financial Considerations

The revised budget for interest on investments for the financial year 2020/2021 is $3,480,800. Of this amount approximately $2,444,400 is restricted for the benefit of future expenditure relating to development contributions, $653,000 transferred to the internally restricted Infrastructure & Facility Reserve, and the remainder of $383,400 is available for operations.

Social Considerations

Not applicable.

Environmental Considerations

Not applicable.

Community Consultation

None undertaken or required.

Internal Consultation

None undertaken or required.

Certification - Responsible Accounting Officer

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

Summary

As at 28 February 2021:

· Council’s total cash and investment portfolio is $198,667,000.

· The net return on investments for the financial year to February 2021 was $2,327,000 against an annual revised budget of $2,354,000, giving a YTD unfavourable variance of $27,000.

Recommendation:

That:

A. The summary of investments and performance for February 2021 be received and noted.

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

Tony Ly

Financial Accounting Officer

Angela Apostol

Manager Finance

David Marshall

Director Corporate

Ordinary Meeting of Council - 16 March 2021	GB.6 / 80

Item GB.6	RFT12-2020

RFT12-2020 Facade Waterproofing 828 Pacific Highway Gordon

EXECUTIVE SUMMARY

purpose of report:	To consider the tenders received for Facade Waterproofing 828 Pacific Highway Gordon and to appoint the preferred tenderer.

background:	Council approved the funding for Facade Waterproofing 828 Pacific Highway Gordon. This project is in the construction stage. An appointment of an external contractor is required to commence the construction. Tender documents were released through Tenderlink on 10^th November 2020 and closed on the 15^th December 2020.

comments:	Council received nine (9) tenders of which six (6) were conforming. The conforming tenders were assessed using agreed criteria which identified the best value for money to Council.

recommendation:	That, in accordance with Section 55 of the Local Government Act and Tender Regulations, Council accept the Tender submitted by Tenderer ‘A’.

Purpose of Report

To consider the tenders received for Facade Waterproofing 828 Pacific Highway Gordon and to appoint the preferred tenderer.

Background

Council approved the funding for Facade Waterproofing 828 Pacific Highway Gordon. This project is in the construction stage. An appointment of an external contractor is required to commence the construction. Tender documents were released through Tenderlink on 10^th November 2020 and closed on the 15^th December 2020.

As the cost of the works was estimated to be over $250,000, Tenders were called using Tenderlink in accordance with the tender requirements of the Local Government Act and Regulation.

Comments

Nine (9) tenders were received and recorded in accordance with Council’s tendering policy. Six (6) tenders were conforming and evaluated in accordance with the evaluation plan.

A Tender Evaluation Panel consisting of staff from the Operations department and Strategy and Environment department was formed to assess the tenders received.

At the conclusion of the tender evaluation, Tenderer ‘A’ was identified as providing the best value for money to Council.

Confidential attachments to this report include:

· List of tenders received (Attachment 1),

· Tender Evaluation Report and recommendation (Attachment 2)

integrated planning and reporting

Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement – 3 year

Operational Plan

Task – Year 1

P7.1: Multipurpose community buildings and facilities are available to meet the communities diverse and changing needs

P7.1.1:The condition and functionality of existing and new assets is improved

P7.1.1.1: Implement a prioritised program of improvements to community meeting rooms, halls, buildings and facilities.

Governance Matters

Tender documents were prepared and released through Tenderlink on 10^th November 2020 and closed on the 15^th December 2020. At the close of tender, nine (9) tenders were received. All submissions were recorded in accordance with Council’s tendering policy. A Tender Evaluation Panel consisting of staff from the Operations department and Strategy and Environment department was formed to assess the nine (9) tenders received. The evaluation considered:

· Conformity of submission,

· Lump sum fee,

· Capacity and capability,

· Experience

· Availability – Start date, methodology and estimated duration of work,

· Work Health and Safety and Risk Management

· Environmental

· Performance and Financial Assessment.

Confidential attachments to this report include the list of tenders received and the Tender Evaluation Report and recommendation. The attachments are considered to be confidential in accordance with Section 10A (2)(d)(iii) of The Local Government Act 1993 as they are considered to contain commercial in confidence information.

Risk Management

Three (3) key areas of risk were identified in relation to the proposed work:

· That the construction be carried out by a contractor with the capacity, capability and experience with suitably qualified staff.

· Work Health and Safety (WHS), Risk Management and Environmental.

· That Council should not be exposed to financial risk - as part of the evaluation process, tenderers were assessed on providing all information and costs requested within the tender document. An independent Performance and Financial Assessment was carried out on the preferred tenderer to ensure that they were trading responsibly and had the financial capacity to undertake the work as detailed within the tender documents.

As part of the independent Financial and Performance Assessment of Tenderer ‘A’ by Corporate Scorecard Pty Ltd, the following areas were examined:

· That Tenderer ‘A’ has the financial capacity to undertake the proposed value of work.

· That Tenderer ‘A’ has been trading in a profitable and responsible manner during the last three (3) years as reviewed by Corporate Scorecard.

· That Tenderer ‘A’ has sufficient assets/reserves to cover all possible debts during the period of work.

The financial aspect of the assessment shows Tenderer ‘A’ is able to satisfy all requirements and is unlikely to expose Council to any financial risk if awarded the tender as detailed within Council’s tender documents.

Financial Considerations

Funding for the façade waterproofing at 828 Pacific Highway Gordon is funded from the 828 leasing capital expenditure budget.

Social Considerations

On completion, the proposed work will provide a facility which is in line with Council’s Community Strategic Plan, Our Ku-ring-gai 2038 and the Plan’s long term directions including enhancing community buildings and facilities to meet the community’s diverse and changing needs.

Environmental Considerations

There were no environmental impacts identified.

Community Consultation

The relevant stakeholders were informed of the works required to the 828 Pacific Highway building including building managers CBRE and all tenants.

Internal Consultation

All relevant departments were consulted.

Summary

Tender RFT12-2020 Facade Waterproofing 828 Pacific Highway Gordon was released through Tenderlink on 10^th November 2020 and closed on the 15^th December 2020.

A Tender Evaluation Panel was formed consisting of representatives from the Operations department and Strategy and Environment department. Council received nine (9) tenders. All tenders were recorded in accordance with Council’s tendering policy.

Following the evaluation and an independent performance and financial assessment, it is recommended that Tenderer ‘A’ be appointed on the basis of providing the best value for money to Council.

Recommendation:

That:

A. Council accept the tender submission from Tenderer ‘A’ to carry out the Facade Waterproofing 828 Pacific Highway Gordon.

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.

Craig Roberts

Project Manager

Mark Shaw

Manager Technical Services

George Bounassif

Director Operations

Attachments:	A1	RFT12-2020 List of Tenders received		Confidential
	A2	RFT12-2020 Tender Evaluation Report		Confidential

Ordinary Meeting of Council - 16 March 2021	GB.7 / 85

Item GB.7	RFT13-2020/R

RFT13-2020 Stormwater drainage works -Oliver Road Roseville

EXECUTIVE SUMMARY

purpose of report:	To consider the tenders received for RFT13-2020 Stormwater drainage works – Oliver Road Roseville and to appoint the preferred tenderer.

background:	Council approved the funding for Stormwater drainage works – Oliver Road Roseville. This project is in the construction stage. An appointment of an external contractor is required to commence the construction. Tender documents were released through Tenderlink on 10^th November 2020 and closed on the 22^nd December 2020.

comments:	Council received fourteen (14) tenders. The tenders were assessed using agreed criteria which identified the best value for money to Council.

recommendation:	That, in accordance with Section 55 of the Local Government Act and Tender Regulations, Council accept the Tender submitted by Tenderer ‘A’.

Purpose of Report

To consider the tenders received for RFT13-2020 Stormwater drainage works – Oliver Road Roseville and to appoint the preferred tenderer.

Background

Council approved the funding for Stormwater drainage works – Oliver Road Roseville. This project is in the construction stage. An appointment of an external contractor is required to commence the construction. Tender documents were released through Tenderlink on 10^th November 2020 and closed on the 22^nd December 2020.

As the cost of the works was estimated to be over $250,000, Tenders were called using Tenderlink in accordance with the tender requirements of the Local Government Act and Regulation.

Comments

Fourteen (14) tenders were received and recorded in accordance with Council’s tendering policy.

A Tender Evaluation Panel consisting of staff from the Operations Department was formed to assess the fourteen (14) tenders received.

At the conclusion of the tender evaluation, Tenderer ‘A’ was identified as providing the best value for money to Council.

Confidential attachments to this report include:

· List of tenders received (Attachment 1),

· Tender Evaluation Report and recommendation (Attachment 2)

integrated planning and reporting

Places, Spaces and Infrastructure

Issue P8: Improving the standard of our Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement – 3 year

Operational Plan

Task – Year 1

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

P8.1.2: Programs for infrastructure and asset maintenance management are delivered in accordance with adopted Asset Management Strategy and Plans.

P8.1.2.4: Deliver Drainage Capital Works Programs on time and within budget.

Governance Matters

Tender documents were prepared and released through Tenderlink on 10^th November 2020 and closed on the 22^nd December 2020. At the close of tender, fourteen (14) tenders were received. All submissions were recorded in accordance with Council’s tendering policy. A Tender Evaluation Panel consisting of staff from the Operations Department was formed to assess the fourteen (14) tenders received. The evaluation considered:

· Conformity of submission,

· Lump sum fee,

· Capacity and Capability

· Experience

· Availability – Start Date, methodology and estimated duration of work,

· Work Health and Safety (WHS) and Risk Management

· Environmental

· Performance and Financial Assessment.

Risk Management

Three (3) key areas of risk were identified in relation to the proposed work:

· That the construction be carried out by a contractor with the capacity, capability, experience with suitably qualified staff.

· Work Health and Safety (WHS), Risk Management and Environmental.

As part of the independent Financial and Performance Assessment of Tenderer ‘A’ by Corporate Scorecard Pty Ltd, the following areas were examined:

· That Tenderer ‘A’ has the financial capacity to undertake the proposed value of work.

· That Tenderer ‘A’ has been trading in a profitable and responsible manner during the last three (3) years as reviewed by Corporate Scorecard.

· That Tenderer ‘A’ has sufficient assets/reserves to cover all possible debts during the period of work.

Financial Considerations

The construction of the Stormwater Drainage works – Oliver Road Roseville will be funded from the Infrastructure and Facilities Reserve.

Social Considerations

On completion, the proposed work will provide infrastructure which is in line with Council’s Community Strategic Plan, Our Ku-ring-gai 2038 and the Plan’s long term directions including an improved standard of infrastructure that meets the community’s service level standards and Council’s obligations as the custodian of our community assets.

Environmental Considerations

A Potential Impact Assessment (PIA) has been undertaken and there were no significant impacts identified.

Community Consultation

Local residents were consulted regarding flooding and drainage issues within their local area which formed the basis of the current drainage infrastructure design.

Internal Consultation

All relevant departments were consulted.

Summary

Tender RFT13-2020 Stormwater drainage works – Oliver Road Roseville was released through Tenderlink on 10^th November 2020 and closed on the 22^nd December 2020.

A Tender Evaluation Panel was formed consisting of representatives from the Operations Department. Council received fourteen (14) tenders. All tenders were recorded in accordance with Council’s tendering policy.

Following the evaluation and an independent performance and financial assessment, it is recommended that Tenderer ‘A’ be appointed on the basis of providing the best value for money to Council.

Recommendation:

That:

A. Council accept the tender submission from Tenderer ‘A’ to carry out the Stormwater Drainage works – Oliver Road Roseville.

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.

Craig Roberts

Project Manager

Mark Shaw

Manager Technical Services

George Bounassif

Director Operations

Attachments:	A1	RFT13-2020 List of Tenders received		Confidential
	A2	RFT13-2020 Tender Evaluation Report		Confidential

Ordinary Meeting of Council - 16 March 2021	GB.8 / 90

Item GB.8	RFT14-2020/R

RFT14-2020 Recreation Precinct St Ives Village Green

EXECUTIVE SUMMARY

purpose of report:	To consider the tenders received for RFT14-2020 Recreation Precinct St Ives Village Green and to appoint the preferred tenderer.

background:	Council has approved the funding for Recreation Precinct St Ives Village Green. This project is in the construction stage. An appointment of an external contractor is required to commence the construction. Tender documents were released through Tenderlink on 1^st December 2020 and closed on the 9^th February 2021.

comments:	Council received seven (7) tenders. The tenders were assessed using agreed criteria which identified the best value for money to Council.

recommendation:	That, in accordance with Section 55 of the Local Government Act and Tender Regulations, Council accept the Tender submitted by Tenderer ‘A’.

Purpose of Report

To consider the tenders received for RFT14-2020 Recreation Precinct St Ives Village Green and to appoint the preferred tenderer.

Background

Council approved the funding for Recreation Precinct St Ives Village Green. This project is in the construction stage. An appointment of an external contractor is required to commence the construction. Tender documents were released through Tenderlink on 1^st December 2020 and closed on the 9^th February 2021.

As the cost of the works was estimated to be over $250,000, Tenders were called using Tenderlink in accordance with the tender requirements of the Local Government Act and Regulation.

The propose work is in accordance with the concept plan adopted on 14/6/16 and includes the provision for CCTV.

Comments

Seven (7) tenders were received and recorded in accordance with Council’s tendering policy.

A Tender Evaluation Panel consisting of staff from the Operations Department was formed to assess the seven (7) tenders received.

At the conclusion of the tender evaluation, Tenderer ‘A’ was identified as providing the best value for money to Council.

Confidential attachments to this report include:

· List of tenders received (Attachment 1),

· Tender Evaluation Report and recommendation (Attachment 2)

The tender price has made provision for a full functional CCTV system which was designed in consultation with the Local Area Command. The operation of the system will be limited until a policy is developed to deal with the use of a CCTV in the Public Domain.

integrated planning and reporting

Places, Spaces and Infrastructure

P6: Enhancing recreation, sporting and leisure facilities

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement – 3 year

Operational Plan

Task – Year 1

P6.1: Recreation, sporting and leisure facilities are available to meet the community’s diverse and changing needs.

P6.1.1: A program is being implemented to improve existing recreation, sporting and leisure facilities and facilitate the establishment of new facilities.

P6.1.1.1: Deliver Council’s adopted Open Space Capital Works Program.

Governance Matters

Tender documents were prepared and released through Tenderlink on 1^st December 2020 and closed on the 9^th February 2021. At the close of tender, seven (7) tenders were received. All submissions were recorded in accordance with Council’s tendering policy. A Tender Evaluation Panel consisting of staff from the Operations Department was formed to assess the seven (7) tenders received. The evaluation considered:

· Conformity of submission,

· Lump sum fee,

· Capacity, capability with suitably qualified staff,

· Experience

· Availability – Start Date, methodology and estimated duration of work,

· Work Health and Safety (WHS) and Risk Management

· Environmental

· Performance and Financial Assessment.

The operation of the proposed CCTV system will be limited until a policy is developed to deal with the use of a CCTV in the Public Domain.

Risk Management

Three (3) key areas of risk were identified in relation to the proposed work:

· That the construction be carried out by a contractor with the ability to provide a full range of services with suitably qualified staff.

· Work Health and Safety (WHS), Risk Management and Environmental.

As part of the independent Financial and Performance Assessment of Tenderer ‘A’ by Corporate Scorecard Pty Ltd, the following areas were examined:

· That Tenderer ‘A’ has the financial capacity to undertake the proposed value of work.

· That Tenderer ‘A’ has been trading in a profitable and responsible manner during the last three (3) years as reviewed by Corporate Scorecard.

· That Tenderer ‘A’ has sufficient assets/reserves to cover all possible debts during the period of work.

Financial Considerations

The construction of the Recreation Precinct St Ives Village Green is funded by section 7.11 and 7.12 contribution plan as part of the St Ives Village Green Masterplan Implementation Works Village Green and William Cowan Oval.

Social Considerations

On completion, the proposed work will provide a facility which is in line with Council’s Community Strategic Plan, Our Ku-ring-gai 2038 and the Plan’s long term directions including recreation, sporting and leisure facilities are available to meet the community’s diverse and changing needs.

Environmental Considerations

An Environmental Potential Impact Assessment (PIA) has been undertaken and there were no significant impacts identified.

Community Consultation

Extensive community consultation was undertaken. The outcomes of the consultation were reported to the OMC on 14/6/16 where the concept design was approved.

Internal Consultation

All relevant departments were consulted.

Summary

Tender RFT14-2020 Recreation Precinct St Ives Village Green was released through Tenderlink on 1^st December 2020 and closed on the 9^th February 2021.

A Tender Evaluation Panel was formed consisting of representatives from the Operations Department. Council received seven (7) tenders. All tenders were recorded in accordance with Council’s tendering policy.

Following the evaluation and an independent performance and financial assessment, it is recommended that Tenderer ‘A’ be appointed on the basis of providing the best value for money to Council.

Recommendation:

That:

A. Council accept the tender submission from Tenderer ‘A’ to carry out the Recreation Precinct St Ives Village Green.

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.

Craig Roberts

Project Manager

Mark Shaw

Manager Technical Services

George Bounassif

Director Operations

Attachments:	A1	RFT14-2020 List of Tenders received		Confidential
	A2	RFT14-2020 Recreation Precinct Tender Evaluation Report		Confidential

Ordinary Meeting of Council - 16 March 2021	GB.9 / 104

Item GB.9	S12027

Barra Brui Hockey Oval Proposal

EXECUTIVE SUMMARY

purpose of report:	To provide Council with a report on the feasibility of the proposed Barra Brui Hockey Field and the prospects of constructing the field at Barra Brui Sportsground.

background:	At the Ordinary Meeting of Council in June 2020, Council resolved: A. That Council supports 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.

comments:	Pursuant to finding car spaces to accommodate hockey players, officials and spectators, Council Officers in collaboration with the NSBHA and Scouts NSW considered a range of measures. These included grace periods between playing times, parking on Hunter Street and Burraneer Avenue and the construction of formal car parks on the Scouts Hall site. The investigation concluded that Burraneer Avenue was too narrow and any additional on street parking would cause significant traffic congestion for local residents accessing their properties. Further, pedestrian access to and from Hunter Avenue is limited through the Scouts Hall access road which would pose as a significant risk as they would be required to negotiate with a high volume of vehicles entering and exiting the site. Scouts NSW has offered their site for parking on the condition Council would pay for any upgrade to the access road and parking facilities. Based on the Scouts utilisation, their peak usage coincides with the hockey peak periods, resulting in no parking availability for the hockey players, spectators and officials during these times. The parking model resulted in significant parking shortfalls from Monday to Sunday in excess of 28 parking spaces. As an outcome of the community consultation, 90% of the local community residing within 500m of Barra Brui were against the proposal expressing issues related to traffic, parking, pedestrian safety, bushfire risk and the loss of a local community asset. All major issues raised by the community can be managed through the detail design process except for the requirement to provide sufficient parking spaces. Based on the high level concept design, the cost estimate to build the hockey field and undertake associated work to improve parking both onsite and on the scouts hall site remains within budget. In conclusion, all environmental and major issues raised by the community can be managed through the detail design process. Although the NSBHA have been forthcoming in changing their model to accommodate the community, the requirement to provide sufficient parking spaces could not be met due to the current rate of utilisation by both the NSBHA and Scouts.

recommendation:	That the proposed hockey facility does not proceed at Barra Brui Sportsground and Council Officers continue to liaise with the NSBHA to find an alternate site within the Ku-Ring-Gai Local Government Area and report back to Council with the outcome of the investigation

Purpose of Report

To provide Council with a report on the feasibility of the proposed Barra Brui Hockey Field and the prospects of constructing the field at Barra Brui Sportsground.

Background

In July 2018, Council provided the NSBHA ‘In Principle’ support for a synthetic hockey field to be introduced at Barra Brui Sportsground subject to Council completing the necessary assessments and consultation with the community.

Council’s ‘In Principle’ support provided NSBHA the opportunity to source contribution from the Greater Sydney Sports Facility Fund in 2018, successfully securing $2,250,000 ex GST to assist with funding the synthetic playing surface. NSBHA was also successful in obtaining $500,000 ex GST through the Sport Australia Community Sport Infrastructure Fund to assist with funding the refurbishment of the existing amenities building.

At the Ordinary Meeting of Council in June 2020, Council resolved:

A. That Council supports 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. That Council agrees 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. That Council notes and endorses the Memorandum of Understanding between NSBHA and Council, including the preferred operational model of the facility.

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

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

Comments

A preliminary concept design has been developed for the upgrade of the Barra Brui facility (attachment 1) for the establishment of a cost estimate. To date, a geotechnical assessment has been undertaken, advice from Council’s bushfire consultant has been received, a detailed traffic study is complete and a concept layout of the proposed facility has been developed. Furthermore, local residents were consulted as part of the concept design development. The outcome of the community engagement is within the Community Consultation section of this report.

Geotechnical Assessment

A geotechnical assessment was undertaken on the current soil profile to test for construction suitability (attachment 2). Based on the results of the investigation, it is considered that the existing fill, when placed, was uncontrolled, mainly because poor compaction was indicated in the entire fill profiles located on the northern and eastern side of the field.

The primary geotechnical issue for a synthetic playing surface is its general intolerance to settlement, and particularly differential settlement. Due to the variability of the fill composition, compaction and depth, differential settlements are expected to occur. Further, if the filling comprised of concentrated building rubble or green waste, then future possible collapse of these constituent materials due to physio-chemical changes, biodegradation, etc. would translate to localised ground subsidence. In addition, if the proposed watering of the playing field surface results in a greater rate of infiltration that what is being currently applied to the existing grassed playing field, then the settlements may be accelerated by inundation of the soil profile. Such inundation settlements are difficult to predict, but are expected to occur in poorly compacted soils.

For a high performance synthetic playing surface, it was considered that the options for the upgrade of Barra Brui Sportsground would include either:

Option 1 Earthworks Solution: Excavate all existing fill and underlying natural soils of limited bearing capacity and replace as an engineered fill in order to provide a suitable subgrade.

Option 2 Structural Solution: Support the synthetic playing surface field on a concrete slab, which in turn would be supported on a grid of piles which penetrate the existing fill and natural soils and are socketed into the underlying sandstone bedrock.

The initial cost estimate did not include extensive remedial work as described in either option. Both options were considered costly, however Option 2 would offer best value for money from a constructability and long term benefit for the facility.

Bushfire Assessment

The bushfire assessment of the proposed clubhouse was reported to Council in June 2020. There is currently no change to the assessment of the building.

In addition to the assessment, Council sought advice from the consultant representing NSW Rural Fire Service regarding the proposed field (attachment 3). It was found that there is limited bushfire fuel to cause a sudden onset bushfire and there would be sufficient warning and evacuation controls in the event of a fire. Further, in the event of extreme hot weather, a development condition should be placed on the users to close the facility, adding further to the controls in response to a potential bushfire emergency event. In the opinion of the consultant, a fire resistant artificial turf would not be any worse than a natural turf surface in terms of fire spread and extinguishment.

The report recommended the following:

“Holistically the development provides a better and safer suite of bushfire protection measures for Barra Brui Oval than if the development did not proceed.

The NSW RFS have been consulted in a pre DA format and raised no objections to the sites redevelopment and continued use as a sporting facility, nor commented on the proposed playing surface.

It is my view that the proposed redevelopment inclusive of the recommend suite of Bush Fire Protection Measures would not adversely increase the risk above the sites current permitted use.”

Traffic Study

An initial traffic and parking assessment was undertaken by applying NSBHA’s utilisation model. The study identified 78 parking spaces would be required to accommodate maximum parking demand at a given time of the week for longer stays and up to 22 spaces for shorter stays. Based on this assessment, the car park within the Barra Brui Sportsground and on-street car park would not have the capacity to cater for the majority of this future parking demand or for drop-off/pick-up arrangements. The report provided mitigation strategies which included:

o encourage carpooling;

o formalise the off-street car park;

o utilise the scout hall car park;

o encourage pick-up/drop-off; and

o alternate parking on Hunter Avenue.

o staggering start times

The NSBHA has cooperated with Council Officers in developing strategies to mitigate the parking issues. The NSBHA has reviewed their proposed utilisation on a number of occasions and allowed for a grace period from 5.00pm to 5.30pm and 8.00pm to 8.30pm Monday to Friday. They have also reviewed the entire utilisation and provided Council with accurate data relating to proposed training sessions, school sessions (bus transport) and official games. Parking and traffic assessment was undertaken by Bitzios Consulting and based on the revised data it was found that the following parking spaces are required during peak periods.

· Monday : 60 total parking spaces required

· Tuesday: 65 total parking spaces required

· Wednesday: 65 total parking spaces required

· Thursday: 65 total parking spaces required

· Friday: 63 total parking spaces required

· Saturday: 63 total parking spaces required

· Sunday: 63 total parking spaces required

Council Officers have reviewed all recommended opportunities to increase parking in and around the Barra Brui Sportsground to facilitate the additional usage of the sportsground.

Onsite Parking

As part of the development, Council will be redesigning the onsite carpark to formalise parking spaces. It is anticipated that the proposed car park will accommodate 18 car spaces excluding disabled once complete. It is planned to utilise these parking spaces for drop off and pick up purposes with the remainder being used for longer stay parking.

Hunter Avenue Parking

Council Officers explored the use of on-street parking along Hunter Avenue. Whilst this option presented an opportunity to address the parking shortfall, it presented a risk to pedestrians traveling to the sportsground. The pedestrian access to Burra Brui Sportsground is via the Scouts Hall site however this access is limited to a shared road with vehicles. The current access roadway is one vehicle wide and already presents challenges with manoeuvring vehicles entering and exiting the site. The inclusion of pedestrians would require a dedicated walkway for pedestrian safety however the existing Sydney Water main supply pipes inhibits this possibility.

It was therefore recommended that due to pedestrian safety, Hunter Avenue is precluded as a location for additional parking spaces for the use of Burra Brui Sportsground.

Burraneer Avenue Parking

Council’s Traffic and Transport section also considered the use of Burraneer Avenue for on-street parking. Consideration was given to the number of parking spaces available in Burraneer and the prospect of installing parking restrictions on the local road to promote vehicle turn-over.

The Traffic and Transport section noted that Burraneer Av is narrow, spanning between 6m and 7m wide and limited two way traffic whilst being utilised for on-street parking. Parking would only be possible on one side to maintain safe passing of vehicles in a two way direction at dedicated locations along Burraneer Av. Furthermore, restricted parking times will be required to maintain vehicle turn over to provide residents access to on-street parking during peak usage times. In addition, any proposed change to the parking arrangements in Burraneer would require significant consultation with all impacted residents along Burraneer Avenue and reported to the Ku-Ring-Gai Traffic Committee.

It was concluded that due to the physical limitations that Burraneer Avenue presents, an increase in the number of parked vehicles would not be supported by the Traffic and Transport Section as it would impact the serviceability of residents in Burraneer Avenue.

Scouts Hall Site

The Scouts Hall site immediately adjoins Barra Brui Sportsground. There is an existing pedestrian access between sites making this site the optimal location for additional car parking.

Council Officers and representatives from Scouts NSW met onsite to determine the suitability of utilising the area for additional parking. Based on the inspection and preliminary discussions with the Scouts NSW representatives, Council developed preliminary drawings showing 61 car parking spaces. Council received an unfavourable response from Scouts NSW who advised that many of the car parking spaces were located within the Scouts activity areas and the additional vehicles entering the premises would impose significant safety issues to current and future users. Safety concerns were also raised regarding the sightline at the access gate, the one lane access road entering and exiting the premises and the safety of pedestrians who will be sharing the access road with vehicles to access the sportsground.

In response to the feedback, Council Officers carried out high level preliminary investigations to address vehicles passing and the safety concerning sightlines at the entry. It was proposed to construct two passing bays along the access road in locations with clear sightlines and widen the entry to safely allow vehicles passing. The proposed work would impact on the adjoining bushland area and would be subject to the appropriate environmental assessments being undertaken. The scope also included the construction of a significant retaining wall on the south side of the entry and will potentially impact significant trees. There would also be visual impacts to adjoining residential properties who have not been consulted about the proposal. This would need to occur if Council choose to undertake any work at the entry of the site.

Further to the feedback, Council Officers redesigned the car park layout as requested by Scouts NSW which reduced the parking to 34 car spaces excluding 2 disabled spaces (attachment 4&5). Scouts NSW also provided Council with an upper and lower limit of parking spaces required for their own utilisation of their halls. Based on the upper limit of the required spaces, Scouts NSW would require the following number of parking spaces at peak times:

· Monday : 50 total parking spaces required

· Tuesday: 50 total parking spaces required

· Wednesday: 50 total parking spaces required

· Thursday: 50 total parking spaces required

· Friday: 37 total parking spaces required

· Saturday: 60 total parking spaces required

· Sunday: 60 total parking spaces required

Based on the lower limit of the required spaces, Scouts NSW would require the following number of parking spaces at peak times

· Monday : 41 total parking spaces required

· Tuesday: 35 total parking spaces required

· Wednesday: 41 total parking spaces required

· Thursday: 35 total parking spaces required

· Friday: 37 total parking spaces required

· Saturday: 35 total parking spaces required

· Sunday: 35 total parking spaces required

It is noted that these peak times coincided with the peak times proposed for the hockey.

Based on the Scouts need for the minimum number of parking spaces, the proposed car park for 34 spaces would be utilised by the Scouts hall users during the peak times required for hockey. It is therefore concluded that any strategy to utilise the Scouts site for additional parking will not benefit hockey, the community or Council.

Overall Parking Assessment

A model incorporating the number of proposed parking spaces on the Scouts’ hall site, parking at Barra Brui, the utilisation times for Scouts Halls and the Hockey was developed and presented a significant shortfall of overall parking spaces. The following model results show the shortfall for parking at peak times utilising the upper limit provided by Scouts:

· Monday : 58 total parking spaces required

· Tuesday: 43 total parking spaces required

· Wednesday: 43 total parking spaces required

· Thursday: 43 total parking spaces required

· Friday: 48 total parking spaces required

· Saturday: 71 total parking spaces required

· Sunday: 71 total parking spaces required

The following model results show the shortfall for parking at peak times utilising the lower limit provided by Scouts:

· Monday : 43 total parking spaces required

· Tuesday: 28 total parking spaces required

· Wednesday: 28 total parking spaces required

· Thursday: 28 total parking spaces required

· Friday: 48 total parking spaces required

· Saturday: 46 total parking spaces required

· Sunday: 46 total parking spaces required

Based on these results there would be a significant shortfall of parking required for the hockey players, spectators and officials if a hockey field was built at Barra Brui.

Preliminary Estimates

In June 2020 Council resolved “That Council supports 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.”

A high level concept design has been developed for the synthetic field and parking facility on the Scouts Hall site. At this stage a concept design has not been developed for the amenity building as this is reliant on the left over funds once the synthetic field and car park facility is constructed. A design will be developed once all construction costs are known.

Further, a high level design for the scouts hall site has included widening of the entry, construction of retaining walls, installation of lights, construction of 2 passing bays and the construction of a 34 car space carpark with an additional 2 disabled spaces.

The total estimated cost to construct an elite hockey field (incorporating geotechnical investigation), upgrade the existing car park, new floodlights, upgrade the scouts hall site excluding the allowance of $500,000 for the new building is $3,459,225.

The estimated cost to construct the hockey field, reconstruct the Barra Brui car park excluding any associated work on the Scouts Hall site is $2,864,400.

The approved funds for the Barra Brui Hockey facility (excluding the $500,000 building grant) is $3,616,814.

integrated planning and reporting

Theme 1 Community, People and Culture

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

C4.1.1 A range of cultural, recreational and leisure facilities and activities are available to encourage social interaction and stimulate everyday wellbeing.

Programs are delivered in collaboration with agencies and partners to encourage healthy and active lifestyles.

Develop and implement sports programs in co-operation with, or by supporting local sporting clubs and providers.

Theme 3 Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P6.1.1 Partnerships are established with community groups and organisations to optimise the availability and use of sporting, recreation and leisure facilities.

Engage with community partners to improve Councils sporting and recreational facilities.

Pursue improvement of sporting and recreational facilities through partnerships, grant funding and other external funding opportunities.

Governance Matters

As Barra Brui Sportsground is situated on Crown Land, the necessary approvals including Ministerial approval (under the EP&A Act and CLM Act) and Native title issues have progressed. The proposal to grant a licence over the facility will need to be publicly advertised in accordance with the Local Government Act. It will also need to comply with Council’s Sports Facilities Plan of Management.

Risk Management

Risks have been identified in the preliminary stages of this project and these will be further defined and managed as Council progresses a licence agreement with NSBHA. At a high level, the MOU addresses a number of key items such as the parties’ project, funding and delivery commitments, as well as ownership and operation of the facility and insurance.

If the project was to proceed in the prescribed manner, there is insufficient parking spaces to facilitate the proposed utilisation. There is a risk that Burraneer Avenue will be used for overflow parking, causing significant traffic congestion for local residents.

There is also the risk that grant funding from both the Office of Sport and Sport Australia to the value of $2,750,000 may not be released if this project does not proceed at Barra Brui Sportsground. It is essential that the grant funding is quarantined by the Office of Sport and Sport Australia to ensure the project can proceed either at Barra Brui Sportsground or elsewhere within the LGA.

Financial Considerations

The parties’ funding commitments towards the project are outlined below:

A. As per the Funding Agreement

· $2,250,000 ex GST secured by NSBHA through the Greater Sydney Sports Facility Fund to assist with funding the artificial playing surface and clubhouse building refurbishment.

· $250,000 ex GST cash contribution from NSBHA, noting that $200,000 ex GST of these funds will be received by Council prior to the Request for Tender for constructing The Facility, with the remaining $50,000 ex GST received by Council prior to 1 December 2021.

· NSBHA have noted their previous commitment and financial guarantee of $500,000 ex GST from a local hockey family (as per NSBHA’s proposal titled “Project Plan” dated 7 December, 2018) has been withdrawn from the project, however additional funds can be raised by NSBHA if required and subject to agreement between the parties.

· $500,000 ex GST awarded to NSBHA through the Sport Australia Community Sport Infrastructure Fund to assist with funding the building refurbishment.

B. Council will contribute up to a maximum of $1,116,814 ex GST towards the project (including the costs of preliminary environmental assessments up to the date of signing of this memorandum), replacing its original $250,000 ex GST contribution as per the Funding Agreement. This contribution must be allocated towards project management services, including environmental assessment, consultation and planning approvals regarding The Facility, and any capital requirements arising for Council regarding the development of playing surface, ancillary parking and access, as the project is further defined. Council’s contribution is not available for refurbishment of the existing amenities building given its source from s.7.11 contributions.

Other funding requirements are as follows:

· Once costs and project timelines are determined, it is proposed that Council and NSBHA review its future funding commitments.

· The parties acknowledge and agree that the priority for The Facility is for the construction of the new multi-purposes artificial playing surface, with the balance of funds to be directed to the refurbishment of the amenities building.

· Council’s contribution is capped and the priority is the construction of a synthetic field.

· The parties agree to incorporate a payment schedule within the Project Deed.

Based on the high level concept design, the cost estimate to build the hockey field and undertake associated work to improve parking is summarised below:

Summary	Ex GST
Overall funding for the facility excluding building	$3,616,814
Estimated cost to construct the hockey field including additional ground work as per geotechnical report, upgrade Scouts Hall site and upgrade internal car park	$3,459,225.
Estimated Variance	$157,589

Funding for the building upgrade	$500,000

Social Considerations

The inclusion of a synthetic surface at Barra Brui Sportsground will provide increased social benefits for the community and enable better utilisation of facility.

The usage of sportsgrounds within Ku-ring-gai (including Barra Brui Sportsground) is directed by the Sports Facilities Plan of Management (2015). In part, the plan aims to:

· minimise the impacts from activities associated with sports facilities upon residents and the environment; and

· maximise the active and passive recreational opportunities provided by the sports facilities network in Ku-ring-gai.

Consideration towards the local residents and ongoing management with user groups will be required from Council to minimise any such impacts that may occur from the proposed usage. However it is evident from the recent community engagement survey that 90% of the local community residing within 500m of Barra Brui Sportsground is against the proposal. Refer to the community consultation section of this report for further information on the Community Engagement Survey.

Environmental Considerations

Under Part 5 of the Environmental Planning and Assessment Act 1979 (EPA Act), Council has a responsibility to consider the likely environmental impact of any proposed activity.

Council must identify all potential impacts of the proposed hockey facility at Barra Brui Sportsground and consider the scale and significance of any such impacts, to determine whether the proposal should proceed, be modified/ reviewed or not undertaken at all.

According to the EPA Act, exempt development may be carried out under Part 5 of the Act if the development is of ‘minimal environmental impact’.

To determine the ‘minimal environmental impact’ for the proposed synthetic field at Barra Brui Sportsground, Council has completed a number of preliminary environmental assessments. Based on the preliminary environmental assessments completed to date and knowledge of the project, the conclusion as to the likely environmental impacts of the project are able to be managed appropriately.

Community Consultation

As part of Council’s process in developing a concept plan, a broad process of community engagement to gauge community opinions regarding the proposed upgrade at Barra Brui Sportsground was undertaken (attachment 6). Feedback came from members of the St Ives, Ku-ring-gai and wider Northern Sydney community.

Feedback from the survey indicated strong support (77%) for the proposal from those who lived in Ku-ring-gai (but not within 500m of the site) and from those who live outside Ku-ring-gai. Reasons for support included the need for better sports facilities, supporting hockey, encouraging more participation in sport and better using an underutilised sports asset.

Further investigation reveals that level of support varies significantly depending on where people live. 59% of those who live locally (within 500 metres) strongly oppose the upgrade. Those that live in Ku-ring-gai (but not within 500 metres of the site) however strongly support the upgrade (73%). Participants that live outside Ku-ring-gai also strongly support the proposal (95%).

The main concerns raised by the local residents opposing the proposal were related to the suitability of the site for the upgrade and its impacts, particularly relating to traffic, parking, pedestrian safety, bushfire risk and the loss of a local community asset (attachment 7).

Council Officers believe that issues raised by the community can be managed through the detail design process however based on the utilisation rates the requirement to provide sufficient parking spaces cannot be met.

Internal Consultation

Consultation has taken place with the Strategy and Environment and Operations departments.

Summary

In July 2018, Council provided the Northern Sydney and Beaches Hockey Association ‘In Principle’ support for a synthetic field to be introduced at Barra Brui Sportsground subject to Council completing the necessary assessments and consultation with the community. At the June 2020 OMC Council resolved to “supports 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.”

Pursuant to finding car spaces to accommodate hockey players, officials and spectators, Council Officers in collaboration with the NSBHA and Scouts NSW considered a range of measures. These included grace periods between playing times, parking on Hunter Street and Burraneer Avenue and the construction of formal car parks on the Scouts Hall site. The investigation concluded that Burraneer Avenue was too narrow and any addition on street parking would cause significant traffic congestion for local residents accessing their properties. Further, pedestrian access to and from Hunter Avenue is limited through the Scouts Hall access road which would pose as a significant risk as they would be required to negotiate with a high volume of vehicles entering and exiting the site.

Furthermore, Scouts NSW has offered their site for parking on the condition Council would pay for any upgrade to the access road and parking facilities. Based on the Scouts utilisation, their peak usage coincides with the hockey peak periods, resulting in no parking availability for the hockey players, spectators and officials during these times. The parking model resulted in significant parking shortfalls from Monday to Sunday in excess of 28 parking spaces.

As an outcome of the community consultation, 90% of the local community residing within 500m of Barra Brui were against the proposal expressing issues related to traffic, parking, pedestrian safety, bushfire risk and the loss of a local community asset. All major issues raised by the community can be managed through the detail design process except for the requirement to provide sufficient parking spaces.

Based on the high level concept design, the cost estimate to build the hockey field and undertake associated work to improve parking both onsite and on the scouts hall site remains within budget.

In conclusion, all environmental and major issues raised by the community can be managed through the detail design process. Although the NSBHA have been forthcoming in changing their model to accommodate the community, the requirement to provide sufficient parking spaces could not be met due to the current rate of utilisation by both the NSBHA and Scouts.

Recommendation:

That:

A. The proposed hockey facility does not proceed at Barra Brui Sportsground

B. Council Officers continue to liaise with the NSBHA to find an alternate site within the Ku-Ring-Gai Local Government Area and report back to Council with the outcome of the investigation

C. Council quarantine their contribution of $1,116,814 ex GST for a maximum period of 12 months.

D. Council Officers write to the Office of Sport and Sport Australia advising them of Council’s resolution and formally request the quarantine of grant funding until an alternate site is determined.

E. Council Officers write to the NSBHA and Scouts NSW advising them of Council’s resolution.

George Bounassif

Director Operations

Attachments:	A1⇩	Barra Brui - Concept Plan	2020/247950
	A2 ⇩	Barra Brui - Geotech Report	2021/053910
	A3 ⇩	Barra Brui - Bushfire Review	2021/050681
	A4 ⇩	Proposed Scouts Car Park Plan 1	2021/057227
	A5 ⇩	Proposed Scouts Car Park Plan 2	2021/057222
	A6 ⇩	Barra Brui Sportsground_Public Consultation_Flyer	2020/275176
	A7 ⇩	Barra Brui Engagement Report	2021/057069

Ordinary Meeting of Council - 16 March 2021	GB.10 / 307

Item GB.10	S10066

Proposed Heritage Listing of 33 Young Street, Wahroonga

EXECUTIVE SUMMARY

purpose of report:	To have Council consider the proposed heritage listing of ‘Wainberg House’, the property known as 33 Young Street, Wahroonga, on Schedule 5 of the Ku-ring-gai Local Environmental Plan 2015 (‘KLEP 2015’).

background:	On 8 December 2020 Council resolved to make an Interim Heritage Order (‘IHO’) for 33 Young Street, Wahroonga using delegated authority, which was gazetted on 11 December 2020.

comments:	Council has commissioned architect and heritage consultant, Dr Scott Robertson of Robertson and Hindmarsh Pty. Ltd. to prepare a heritage assessment for the property known 33 Wahroonga Avenue, Wahroonga. The assessment considers that the property meets the threshold for local heritage listing.

recommendation:	That a Planning Proposal be prepared and submitted for the listing of ‘Wainberg House’, the property known as 33 Young Street, Wahroonga.

Purpose of Report

Background

On Wednesday, 14 October 2020 the property known as 33 Young Street, Wahroonga was brought to the attention of Council officers by a community member who identified the house as an almost completely intact example of the International Style of architecture, with extensive original interiors designed and crafted by Paul Kafka. The community member expressed his concern for the property’s vulnerability, which was [at the time] being advertised for sale and not within a Heritage Conservation Area (‘HCA’).

On Thursday, 22 October 2020, the potential vulnerability of the property was discussed with the Heritage Reference Committee (‘HRC’). The HRC sought further information in relation to the dwelling before making a recommendation. On Thursday, 26 November 2020, a preliminary heritage assessment of 33 Young Street, Wahroonga (Attachment A1) was provided to the HRC. Based on preliminary findings of the assessment; the HRC agreed that an Interim Heritage Order (‘IHO’) should be invoked in this instance.

Council has delegated authority under s.25 of the NSW Heritage Act 1977 (‘Heritage Act’) to make an IHO on the property. The purpose of an IHO being to provide Council with time to undertake an independent heritage assessment of the property to establish if it warrants formal heritage listing.

On 8 December 2020, the matter was raised at the OMC. At this meeting, Council resolved:

That Council resolve to place an Interim Heritage Order under section 25 of the NSW Heritage Act 1977 on 33 Young Street, Wahroonga, Lot 32 DP12371, to enable a full and proper evaluation of the heritage significance and prevent any harm to the site in the interim. (See Attachment A2).

On 11 December 2020 the IHO came into effect. The wording of the IHO is as follows:

“This Interim Heritage Order will lapse six months from the date that it is made unless the local Council has passed a resolution before that date; and

(i) in the case of an item which, in the council’s opinion, is of local significance, the resolution seeks to place the item on the heritage schedule of a local environmental plan with appropriate provisions for protecting and managing the item; or

(ii) In the case of an item which, in the Council’s opinion, is of State heritage significance, the resolution requests the Heritage Council to make a recommendation to the Minister for Heritage under section 32(2) of the Heritage Act to include the item on the State Heritage Register.” (See Attachment A3).

Under the above conditions of the IHO, the order will lapse on 11 June 2021 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. A flowchart of the IHO process can be viewed at Attachment A4.

Comments

An inspection of the property including the internals of the house was undertaken on Wednesday, 3 February 2021 with Council’s commissioned heritage consultant and Council staff. One of the property owners was present and assisted during the inspection.

The NSW Heritage Assessment Criterion

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 seven (7) criterion:

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.

33 Young Street, Wahroonga – Heritage Assessment

The full heritage assessment for Wainberg House – 33 Young Street, Wahroonga was prepared by Robertson and Hindmarsh Pty. Ltd. Dr Scott Robertson of this firm is a registered architect, who specialises in Post-war and Modern architecture. The final draft heritage assessment was provided to Council officers on 13 February 2021 (Attachment A5). The assessment found that the property is of local heritage significance and should be included as a heritage item on Schedule 5 of the KLEP 2015.

The Statement of Significance prepared by Robertson and Hindmarsh Pty. Ltd. for 33 Young Street, Wahroonga, expounds this importance. It reads:

As a good example of International style architecture, 33 Young Street Wahroonga has historic and aesthetic significance and representative value at a Local level. These same values are evident internally through the building’s strong association with the designer of its high-quality interiors, Paul Kafka, as a fine and intact example of the work of the famed émigré designer and furniture maker. The planning of the house is also significant at a Local level as it demonstrates the planning of a house designed to accommodate live-in servants for the wealthy immigrant Middle Class.

In addition to aesthetic significance, the interior of 33 Young Street Wahroonga demonstrates rarity as a particularly intact and high-quality example of the interior design of Paul Kafka still located in its original setting, of which there appear to be few comparable known examples. This significance is potentially at a State level with regard to intact post-war interiors designed/constructed by émigré designers.

33 Young Street, Wahroonga, has historical significance at a local level for its ability to demonstrate patterns of European immigration in the inter-war and post-war periods following the series of conflicts in Europe.

In support of the recognised heritage value, it is recommended that Council prepare a planning proposal to include Wainberg House – 33 Young Street, Wahroonga on Schedule 5 of the KLEP 2015. To support the Planning Proposal a State Heritage Inventory form will also be prepared.

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.

Under the Ministerial Direction Local Planning Panels Direction – Planning Proposals and the delegations granted to the General Manager it is proposed this matter will not be referred to Ku-ring-gai Local Planning Panel on the basis the proposed heritage listing is for an existing house within an established low density residential zone and the proposed heritage listing will not have any significant adverse impact on the environment or adjoining land.

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 11 December 2020. Council advised the property owner on 11 December 2020 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’s representative on 3 February 2021.

The property owner’s representative 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 findings that Wainberg House – 33 Young Street, Wahroonga is worthy of inclusion on Schedule 5 of the KLEP 2015. The purpose of this report is to instigate Council’s commencement of a Planning Proposal in relation to this listing.

Recommendation:

That a Planning Proposal to list ‘Wainberg House’ - 33 Young Street, Wahroonga, as a local heritage item, be prepared and submitted for a Gateway Determination under section 3.34 of the Environmental Planning & Assessment Act 1979.

Vanessa Holtham

Heritage Planner Specialist

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1⇩	Preliminary Heritage Assessment - 33 Young Street Wahroonga	2020/325457
	A2⇩	20201208 OMC OMC247 - 33 Young Street Wahroonga	2020/371471
	A3⇩	Government Gazette 11 December 2020 - Interim Heritage Order - 33 Young Street, Wahroonga	2021/053633
	A4⇩	Flowchart for making an interim heritage order IHO - extract NSW Heritage Branch local Government Handbook guidelines	2014/093475
	A5⇩	Heritage Assessment - 33 Young Street, Wahroonga - redacted version	2021/053212

APPENDIX No: 1 - Preliminary Heritage Assessment - 33 Young Street Wahroonga

Item No: GB.10

Preliminary Heritage Assessment: 33 Young Street, Wahroonga November 2020

Lot 32 DP12371

Zoned R2 under KLEP2015

33 Young Street, Wahroonga is a c1950 two-storey International style residence with interiors designed by the renewed furniture maker and designer Paul Kafka.

The house was originally designed for Michael Wainberg, a dyer from Annandale. Wainberg and his brother Alexander immigrated from Radom, Poland sometime in the 1920s, with Michael applying for naturalisation in 1933. His brother resided elsewhere in Ku-ring-gai at the prominent residence “Meadowlea” at 22 Sydney Road, East Lindfield from 1955-1972.

October 2020 real estate images from: https://www.realestate.com.au/sold/property-house-nsw-wahroonga-134579318

History of the site

This land was part of an early 2000-acre crown grant to John Terry Hughes in 1842. A substantial residential subdivision of relevant land occurred in 1922 under DP11230, into large acre lots. In September 1923, the NSW Realty Co Limited acquired lots 16 to 33 of this estate, totalling over 17 acres in size. NSW Realty Co Limited promptly re-subdivided the land under the current plan, DP12371, known as the “Brundah Park Estate.” The subject site officially came into being at this point, as lot 32, at a size of 39 perches.

Lot 32 was not transferred to a new owner until January 1943, when it was first acquired by Alexander Wainberg and Michael Wainberg, both of Annandale, Dyers, as joint tenants. The 1943 aerials clearly show the subject lot as empty, but indicate that the sparse development around the site was increasing. The Wainbergs, Polish-Jewish brothers immigrated from Radom, Poland in 1928, with Michael applying for naturalisation in 1933. His application for naturalisation notes his name was Mieczyslaw Wainberg, known as Michael Wainberg. In July 1949, the lot was transferred to the said Michael Wainberg of Annandale, Dyer, as sole proprietor.

In 1950, M Wainberg lodged a BA (#1713) for a brick dwelling in Young Street, Wahroonga, Lot #32.

Though the architect of this house is presently unknown, the interior designer for this residence was Paul Kafka, a highly significant designer and furniture maker.

October 2020 real estate images from: https://www.realestate.com.au/sold/property-house-nsw-wahroonga-134579318

In January 1971, the property was transferred to Terence Joseph Wilson of Mosman, Dental surgeon and Veronica Maxine Wilson, his wife as joint tenants.

In May 1974, the property was transferred to John Fisher of Wahroonga, Company Director and Gladys Cynthia Fisher, his wife as joint tenants.

In June 1979, the property was transferred to Cedric George Holden of Wahroonga, chartered accountant and Patricia Mary Holden, his wife as tenants in common. No further transfers were recorded before a new (inaccessible) certificate of title was issued in 1979.

Significance of the designer

Paul Kafka was a significant interior designer and furniture designer who played an important role in the Modern Movement, through his collaboration with famed émigré architects like Harry Seidler, Hugh Buhrich, Hugo Stossel and others. The following biography of Kafka has been excerpted from the Design and Art Australian Online database:

“The son of a Viennese furniture maker Paul Ernst Kafka was born in Vienna on 1 July 1907 [1]. Experience in his father’s factory and an apprenticeship in another Viennese furniture factory gave him a good grounding in the more practical aspects of furniture making, but he is also said to have studied furniture and interior design at the University of Applied Arts in Vienna].

During the 1930s Kafka worked as a furniture and interior designer with a furniture retail store in Vienna and in 1939 he and his wife emigrated to Australia. Kafka worked for the redoubtable Ralph Symonds, an entrepreneurial Sydney plywood manufacturer, before establishing a small furniture factory in 187 William Street, Darlinghurst, in 1941. About 1945 Kafka moved to larger premises at 161 Botany Road, Waterloo where he employed four tradesmen, two Italians and two Australians. His company was listed in 1948 directories as a ‘Manufacturer of Modern Exclusive Furniture’ and from 1951 to 1967 was registered with the New South Wales Furniture Manufacturers’ Guild (formed 1948) as ‘Paul Kafka Exclusive Furniture Pty Ltd’.

In the 1950s and 60s Kafka exhibited regularly at the Ideal Homes Show and the Building Information Centre in Sydney and at the height of his business in the late 50s was employing about 40 staff]. During the 1960s, as imports competed with locally-made furniture, Kafka concentrated on work for hotels such as the Sheraton and the Chevron and for the Travelodge motel chain. He died in Sydney on 15 May 1972.

Kafka’s clientele ranged from private home owners to architects and interior decorators to corporations, but what distinguished many of his clients were their European origins. Like Kafka, many were also Jewish refugees from war-torn Europe and there was a particular concentration of these clients in Sydney’s eastern suburbs. Apart from their common European heritage what attracted many to Kafka’s work was its stylishness and fine craftsmanship, qualities that were part of a strong tradition in European cabinet-making, but were less common in Australian post-war furniture.

Kafka produced furniture, particularly built-in cabinet work, for a number of Sydney’s European-born architects, themselves amongst the small group of pioneering modernists practising in Australia at the time. Harry Seidler was a notable early client. Like Kafka, Seidler and his parents, Max and Rose, were Viennese and no doubt these shared origins, as well as a common interest in modernist concepts, helped reinforce their professional relationship.

Kafka completed built-in and freestanding furniture for Seidler’s landmark ‘Rose Seidler’ house (Wahroonga, 1948-50, now managed by the Historic Houses Trust of New South Wales) and for several other Seidler projects. Kafka also worked with the late Hugh Buhrich, a German-born architect whose idiosyncratic form of modernism is belatedly receiving the recognition it deserves. Henry Epstein, another of Sydney’s early émigré modernists, commissioned Kafka to create furniture for a number of his houses, notably the Chaim and Florence Hillman house in Roseville in 1950 (4). Kafka’s cabinet work for this radical, flat-roofed cubic design was largely intact when the house was sold in 1995 amid much media attention. Kafka’s own house, a flat-roofed, concrete and glass essay in modernism in suburban Roseville, was designed about 1950 by Hungarian-born Hugo Stossel. Described as a ‘functional house that is different’ in the May 1952 issue of Australian House & Garden, it featured much beautifully-detailed cabinet work by Kafka.

According to Neil Sear, a cabinet-maker who worked for Kafka from 1948 to 1966, Kafka was a very astute businessman and played an important entrepreneurial role in the operation of the company. He was also very fastidious and insisted on traditional construction techniques and a high level of hand finishing. While Kafka had some training in design it seems he employed designer/draftsmen to produce art work for the firm and to draw up designs for interiors and individual pieces.

During the 1950s a Dutch designer, Alfons Worms, worked for Kafka and in the 1960s he employed George Surtees, a Hungarian-born designer. Kafka’s working method, according to Surtees, was to meet with clients and then provide the designer with a rough sketch of the client’s requirements for further interpretation and development.

While Kafka’s furniture can often be identified by a company label, his distinctive use of highly-figured veneers is also a characteristic distinguishing feature. Kafka’s favoured timbers included Italian walnut and burr elm, stripy zebrana, Macassar ebony and sapele wood, as well as sycamore, Queensland maple and silver ash. Borders of distinctive crossbanding were a common feature of both built-in and freestanding cabinet work with the occasional inclusion of marquetry patterns and decorative motifs, as in the Powerhouse Museum’s stylish cocktail cabinet of 1954.

Kafka’s love of patterned veneers was no doubt influenced by the strong Austrian tradition of using highly figured woods to enliven otherwise relatively plain, functional designs, a tradition that extended from the Biedermeier period of the first half of the 19th century through to furniture designed by members of the Wiener Werkstätte in the early years of the 20th century and the Art Deco style of the inter-war years. Indeed, the strongly geometric design of much of Kafka’s furniture of the 1940s and 50s remained firmly rooted in the European Art Deco or ‘art moderne’ style prevalent during the late 1920s and 1930s when his career in Austria was just emerging. Furniture such as the cocktail cabinet and Kafka’s tiered, mirror glass-topped coffee tables, and interiors like the Vaucluse dining room of the late 50s with its dramatic asymmetrical geometry [5] owe an obvious debt to the inter-war ‘modernist’ aesthetic. Kafka’s Austrian heritage and his penchant for decorative veneers largely inured him to the fashion for the blonde timbers and organic forms of Scandinavian design in the post-war years.

Paul Kafka’s furniture may not have reflected the latest international design trends and may have been subject to a certain ‘overstatement’ at times, but it nevertheless contributed immeasurably to the richness of Australia’s post-war furniture industry. In a country only just beginning to emerge from its pre-war isolation, Kafka’s stylish, sophisticated and well-crafted cabinet work acted as an important conduit for the transmission of European styles and standards of craftsmanship to Australia.”

Comparative analysis with other Kafka designed interiors:

Paul Ernst Kafka’s work initially focused in the 1950s and 1960s on furniture and interior designs for residential use, as demonstrated in his regular exhibitions at the Ideal Homes Show and Building Information Centre in Sydney. Into the 1960s, Kafka began to focus more on securing work for hotels to ensure reliable business during a time when international imports made the market particularly competitive.

Given the movable and ephemeral nature of Kafka’s furniture designs, it is those buildings which possess both built-in furniture and other interior designs, finishes and fittings that are of most relevance to a comparative analysis for 33 Young Street. On the basis of available information and surviving evidence of Kafka’s work, it appears this property is one of only a few identified as retaining relatively intact internal designs. Pending an in-depth assessment following internal inspection of the interiors of the house, the significance of this property may be further underscored.

40 Findlay Avenue, Roseville, also known as “Hillman House” (located in Willoughby LGA) is a Henry Epstein designed modernist house which had significant Kafka interiors.^{^[1]} Unfortunately, substantial portions of important built-in furniture were removed prior to the heritage listing of the house. However, in June 2010, Willoughby City Council denied an application that posed further removal of significant internal elements designed by Kafka (joinery, staircase), which has set a precedent for the protection of Modernist interiors in heritage items. This item reflects the significance of the Kafka interiors (especially in conjunction with the work of an émigré architect) and the prominence of Kafka, even where extant interior designs are only partially intact. Given that 33 Young Street retains both built in furniture and significant internal elements like joinery, it is a more intact and likely more rare example.

11 Eton Road, Lindfield, also known as “Kafka House” (located in Ku-ring-gai LGA) is a house designed by Hugo Stossell for Paul Kafka himself, which accordingly had extensive Kafka interiors.^{^[2]} Unfortunately, by the time this modernist house was flagged to Ku-ring-gai Council, the significant interiors had been stripped. Given that this was the main reason the house was flagged to Council by the community, it was not listed after its assessment. This reflects the significance of Kafka interiors which in this case determined the fate of the building. This further underscores the significance and rarity of Kafka interiors in Ku-ring-gai given this substantial loss in the designer’s own home and the hands of later owners.

1 Ailsa Close, East Lindfield, also known as “Fogl House” (located in Ku-ring-gai LGA) is a house built 1970-1971 to a design by Frank Lloyd Wright purchased by the owner in the USA, with extensive Paul Kafka designed interiors. This dwelling is presently not listed but will be considered in an upcoming Ku-ring-gai Post-War Heritage Study as it appears highly likely to meet the threshold for at least local listing. Though not listed, given the tight-knit ownership of this house over time, it appears to have interiors that are even more intact than those at 33 Young Street.

71 Clissold Road, Wahroonga, also known as Rose Seidler House (located in Ku-ring-gai LGA) is a state-listed heritage item built in 1950 to a design by Harry Seidler for his mother Rose. It is considered a highly influential, seminal work in Modernist architecture in Australia. Seidler engaged Kafka to fabricate furniture for this house based on Seidler’s own designs – items included the dining table, coffee table, tray-mobile, sofa and fitted cabinetry.^{^[3]} Though built to Seidler’s designs rather than being Kafka originals like at 33 Young Street, these are extremely significant interiors as reflected through the state listing of the item, and memorialize the significant contributions of émigré architects and designers in Sydney in this period,

12 Serpentine Parade, Vaucluse (located in Woollahra LGA) was refurbished by Polish Architect Henry Kurzer in 1959 with interiors (specifically custom-made furniture and cabinetry) by Paul Kafka.^{^[4]} The house was commissioned by Mr and Mrs Moses, retailers. The house retained the Kafka interiors until 1991 when it was refurbished, at which time several elements of the interior were auctioned and acquired by the Historic Houses Trust. Though no longer intact and not listed as a result, this case demonstrates the significance of the Kafka interior designs as reflected by the acquisition of his work by an important institution like the HHT (now Sydney Living Museums).

Other known projects of Kafka – of which evidence survives to varying extents – include 19/123 Macleay Street Potts Point, of which the Powerhouse Museum holds 7 drawings of different furniture items and lounge room elements, and 861 New South Head Road, Rose Bay, which contained some items of significant internal furniture still in 2011 when a major DA was lodged for the remodelling of the property.^{^[5]} It would appear that both of these addresses have since lost their Kafka designed interiors with items destroyed, resold or acquired by museums. This would also appear to be the case with the large amount of cabinetry Kafka design for hotel chains in Sydney as illustrated below, given the changeable and trend-driven nature of hotel interiors.^{^[6]} The above projects listed indicate the relative scarcity of intact Kafka interiors and the increasing threat that such examples of his work are under. The comparative assessment supports proceeding with a heritage listing for 33 Young Street, Wahroonga.

Max Dupain & Associates image of Kafka cabinetry in hotel chain from AFR “Sydney’s Forgotten Mid-century Modernists.”

Preliminary heritage assessment against heritage listing criteria

Based on an initial assessment, the dwelling is considered to have high potential to meet the threshold for listing, based on the standard criterion for listing outlined by the Heritage Council of New South Wales. In particular, the house appears likely to have significant historical, associational, aesthetic and rarity values.

a) an item is important in the course, or pattern, of NSW’s cultural or natural history;

33 Young Street, Wahroonga, appears likely to have historical significance for its ability to demonstrate patterns of European immigration in the inter-war and post-war periods following the series of conflicts in the continent. The immigration of the Polish-Jewish owners of 33 Young Street in the late 1920s is indicative of Jewish immigration to Australia at the time, as a result of growing Polish nationalism and anti-Semitism. Their later engagement of a prominent emigre designer, Paul Kafka, and possibly an émigré architect, further demonstrate the immigration of European individuals to Australia and their significant contributions to a variety of artistic, architectural, intellectual and professional communities.

b) an item has strong or special association with the life or works of a person, or group of persons, of importance in NSW’s cultural or natural history;

33 Young Street, Wahroonga, appears likely to have historic associational value with the designer of its high-quality interiors, Paul Kafka, as a fine and intact example of the work of the famed emigre designer and furniture maker.

c) an item is important in demonstrating aesthetic characteristics and/or a high degree of creative or technical achievement in NSW;

33 Young Street, Wahroonga, appears likely to have aesthetic value as a fine and intact example of the work of Paul Kafka. It may also have aesthetic value for its International Style architecture though the architect on the project is presently unknown.

d) an item has strong or special association with a particular community or cultural group in NSW for social, cultural or spiritual reasons;

At present, it is not known whether 33 Young Street has a strong or special association with a contemporary identifiable group, however this would be the subject of further research.

e) an item has potential to yield information that will contribute to an understanding of NSW’s cultural or natural history;

At present, it is not known whether 33 Young Street has particular research or technical significance, however this would be the subject of further research.

f) an item possesses uncommon, rare or endangered aspects of NSW’s cultural or natural history;

33 Young Street, Wahroonga, appears likely to have rarity value as a particular intact and high-quality example of the interior design of Paul Kafka, of which there appear to be few comparable known examples. Kafka’s own house, designed by architect Hugo Stossel, has had its original interiors stripped by a later owner due to a lack of protection.

g) an item is important in demonstrating the principal characteristics of a class of NSW’s

- cultural or natural places; or

- cultural or natural environments.

33 Young Street, Wahroonga, appears likely to have representative value as a good example of an International Style building possessing key characteristics of the style. It also has representative value for its ability to demonstrate interior design associated with significant interior designer and furniture maker, Paul Kafka.

Statement of Significance

As a good example of International style architecture, 33 Young Street Wahroonga has historic and aesthetic significance and representative value. These same values are evident internally through the building’s strong association with the designer of its high-quality interiors, Paul Kafka, as a fine and intact example of the work of the famed emigre designer and furniture maker.

The building appears likely to demonstrate rarity as a particularly intact and high-quality example of the interior design of Paul Kafka, of which there appear to be few comparable known examples.

Summary

The property was brought to Council’s attention in mid-October however there has been difficulty with identifying the architect, which is still unknown. It was recently sold (12 October 2020) and is not identified as a heritage item or located within a Heritage conservation area. The recent real estate campaign promoted the property as “an excellent opportunity to renovate or rebuild and capitalise on the excellent location” and therefore its potential heritage value, particularly its interiors, are considered vulnerable to harm.

Conclusion

That an interim heritage order be placed on the property to enable further research to take place.

Sources / Further reading:

The Sydney Morning Herald - Thu 19 Jan 1933 - Page 1 – Advertising: https://trove.nla.gov.au/newspaper/article/16946301

“Paul Ernst Kafka” by Michael Bogle. Entry in the Design and Art Australia online database: https://www.daao.org.au/bio/paul-ernst-kafka/biography/

Ordinary Meeting of Council - 16 March 2021	GB.11 / 379

Item GB.11	S12954

Post exhibition consideration of submissions Planning Proposal to heritage list 6 Springdale Road, Killara

EXECUTIVE SUMMARY

purpose of report:	For Council to consider the submissions received during the public exhibition of the Planning Proposal to list 6 Springdale Road, Killara as a local heritage item.

background:	On 20 October 2020, Council resolved to adopt the Planning Proposal with respect to an amendment to the Ku-ring-gai Local Environmental Plan 2015 (KLEP 2015), to include 6 Springdale Road Killara as a local heritage item and to forward the Planning Proposal to the Department of Planning, Industry and Environment for a Gateway Determination. The Gateway Determination was received on 17 December 2020. The Planning Proposal was placed on public exhibition between 22 January 2021 and 5 February 2021. This report provides an overview of the outcomes of the public exhibition and recommends proceeding to list the property as a local heritage item.

comments:	A total of 2 submissions were received, both in support of the listing.

recommendation:	That Council proceed with the Planning Proposal to heritage list the property known as ‘Eastment House’ at 6 Springdale Road, Killara without variation, and resolve to make the Plan under section 3.36 of the Environmental Planning & Assessment Act 1979.

Purpose of Report

For Council to consider the submissions received during the public exhibition of the Planning Proposal to list 6 Springdale Road, Killara as a local heritage item.

Background

6 Springdale Road, Killara is a c. 1976 split-level Sydney School style house designed by renowned architect Ken Woolley. The property is located within the Springdale Conservation Area (C21), a heritage conservation area (‘HCA’) under KLEP 2015. 6 Springdale Road, Killara is located between two heritage items [I366 and I368] and directly opposite a heritage item [I365]. Whilst the property is located within an HCA, 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 could be tenuous. The listing of 6 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 is diminished.

In mid-November 2019 the subject property was brought to Council’s attention when it was advertised for sale as an original Ken Woolley designed residence, offered for the first time since its 1976 construction. Council heritage staff viewed and conducted preliminary research of the Site during November and December 2019. The preliminary heritage assessment was completed in December 2019.

On 10 December 2019 the preliminary heritage assessment was considered by Council, and Council resolved for a letter to 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. Council did not have authority under section 25 of the NSW Heritage Act 1977 to make an interim heritage order on the property as the property is within a heritage conservation area.

On 11 December 2019 Council requested a State IHO be placed over the property. On 31 January 2020 an IHO was gazetted, providing a 12-month period where further research on the property could be undertaken for the proposed heritage item and interim protection is provided by the order to prevent any harm to the item.

Dr Scott Robertson of Robertson and Hindmarsh Pty Ltd. undertook an independent heritage assessment of 6 Springdale Road, Killara. The assessment found that the Site is of local heritage significance and should be included as a heritage item under Schedule 5 and on the heritage map of the Ku-ring-gai Local Environmental Plan 2015.

On 21 May 2020, the matter of 6 Springdale Road, Killara was referred to Council’s Heritage Reference Committee. The Heritage Reference Committee moved unanimously to support the local heritage listing of this property.

On 30 June 2020, the matter was considered by Council, with the officer’s recommendation for a Planning Proposal to be prepared to list 6 Springdale Road, Killara as an item of local heritage significance under Schedule 5 of the KLEP 2015. Council resolved to defer their decision pending a site inspection. A site inspection was undertaken on 17 July 2020.

On 28 July, 2020 Council resolved:

“To prepare a Planning Proposal to amend KLEP 2015 to include 6 Springdale Road,

Killara [Lot 1, DP505522] as a local heritage item in Schedule 5.” and to refer the Planning

Proposal “to the Ku-ring-gai Local Planning Panel (‘KLPP’) for advice in accordance with

the Local Planning Panel Direction – Planning Proposals.”

This motion was subject to a rescission motion, which was considered by Council at its meeting on 25 August 2020. The rescission motion was lost. The Planning Proposal and all appendices are included at Attachment A1.

On 21 September 2020, the draft Planning Proposal was referred to the Ku-ring-gai Local Planning Panel (‘KLPP’) for advice. The KLPP unanimously resolved to support the Planning Proposal to list 6 Springdale Road, Killara as a local heritage item.

On 20 October 2020, Council resolved to forward the Planning Proposal to the Department of Planning, Industry and Environment for a gateway determination and request plan making delegation under section 3.36(2) of the EP&A Act.

On 28 October 2020, the Planning Proposal was submitted to DPIE for a Gateway Determination. On 17 December 2020 the DPIE issued a Gateway Determination, authorising Council to exercise the functions of the Minister under section 3.36(2) of the EP&A Act to finalise the Planning Proposal (Attachment A2).

The Planning Proposal was placed on public exhibition in accordance with the requirements of the Gateway Determination between 22 January and 5 February 2021.

The owners of 6 Springdale Road, Killara lodged a development application on 1 December 2020 for alterations and additions including new pool and front fence. The development application is yet to be determined.

Comments

Heritage significance

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 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 meets the NSW Heritage threshold for local heritage listing, particularly for its local historical, historical association, aesthetic, rarity and representativeness significance. The property demonstrates significance particularly through its association with notable architect Ken Woolley. The assessment indicates that the dwelling’s significance is underpinned by its architectural merit, which is evident through the internal arrangement of rooms, spatial quality and the integrity and intactness of the whole building composition. The assessment identifies heritage value above and beyond that of a contributory building within an HCA. Its individual listing will ensure that this value is recognised into the future, and that its vulnerability to intrusive changes or potential demolition is diminished. A copy of the Heritage Assessment prepared by Robertson & Hindmarsh Pty Ltd in April 2020 is included at Attachment A3. A draft Heritage Inventory (‘SHI’) form for 6 Springdale Road, Killara is included at Attachment A4.

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 Easements’ 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.

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.

Public Exhibition

As a result of the public exhibition of the Planning Proposal, a total of two (2) submissions were received. A summary of the submissions can be found at Attachment A5.

A submission was made by Heritage NSW and notes that the property is a rare example of a substantial residence designed for master builders by the architectural practice of Ancher, Mortlock, Murray and Woolley. A submission was made by a resident of Springdale Road, Killara and notes the property’s association with Ken Woolley, a prominent Australian architect.

integrated planning and reporting

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.

Identify gaps in existing strategies and plans.

Governance Matters

The process for the preparation and implementation of Planning Proposals is governed by the provisions contained within the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000.

Council’s resolution from OMC 20 October 2020 requested that Council be authorised as the local plan-making authority to exercise the functions under section 3.36(2) of the Environmental Planning and Assessment Act 1979 to finalise the Planning Proposal. In issuing the Gateway Determination on 17 December 2020, the DPIE considered the nature of the Planning Proposal and conditioned the Gateway Determination for Council to be authorised as the local plan-making authority.

Council can resolve to make the plan in accordance with section 3.36(2) of the EP&A Act and liaise with Parliamentary Counsel’s Office (PCO) to draft the required Local Environmental Plan to give effect to the Planning Proposal, as well as the Ministers function in making the plan.

Risk Management

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

Financial Considerations

The costs associated with this matter are covered by the Strategy and Environments Department, Urban Planning and Heritage budget.

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

Council is responsible for the identification and management of Ku-ring-gai’s local environmental heritage. Consideration of this matter will assist Council in meeting this requirement. 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

The Planning Proposal was placed on public exhibition from 22 January 2021 to 5 February 2021 in accordance with the requirements of the Gateway Determination. The affected and adjoining property owners were notified of the public exhibition in writing and had the opportunity to provide feedback during the formal exhibition period. In accordance with the requirements of the Gateway Determination, the Office of Premier and Cabinet – Heritage NSW was also notified. The Planning Proposal and supporting information was made available on Council’s website and was available to be viewed at the customer service desk in accordance with the Community Participation Plan.

As a result of the public exhibition of the Planning Proposal, a total of two (2) submissions were received. Submissions received support the listing of the property as a local heritage item on Council’s LEP.

Internal Consultation

Consultation with the relevant internal sections of Council has been undertaken where required for this report.

Summary

On 17 December 2020, the NSW Department of Planning, Industry and Environment issued a Gateway Determination under section 3.34 of the EP&A Act, in respect to an amendment to the KELP 2015, to list 6 Springdale Road, Killara as a heritage item.

The Planning Proposal was placed on exhibition between 22 January 2021 and 5 February 2021. Two submissions were received, both in support of the property being listed as a local heritage item on Council’s LEP. It is recommended that Council proceeds with the Planning Proposal to heritage list the property known as ‘Eastment House’ at 6 Springdale Road, Killara without variation, and resolve to make the Plan under section 3.36 of the Environmental Planning & Assessment Act 1979.

Recommendation:

That:

A. The Planning Proposal to list the property known as ‘Eastment House’ at 6 Springdale Road, Killara as a local heritage item under the Ku-ring-gai Local Environmental Plan 2015 proceed without variation.

B. Council proceed to make the plan, using it’s delegated authority under section 3.36(2) of the Environmental Planning and Assessment Act 1979.

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

Angela Smidmore

Assistant Urban Planner

Craige Wyse

Team Leader Urban Planning

Vanessa Holtham

Heritage Planner Specialist

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1⇩	Planning Proposal to heritage list 6 Springdale Road, Killara with appendices	2021/043848
	A2⇩	Gateway Determination - 6 Springdale Road, Killara	2021/012367
	A3⇩	Heritage Assessment Report - Robertson & Hindmarsh Pty Ltd - April 2020 - 6 Springdale Road, Killara	2020/255093
	A4⇩	Draft Heritage Inventory Sheet (SHI form) for 6 Springdale Road, Killara	2020/284309
	A5⇩	Submission Summary Table	2021/050223

Ordinary Meeting of Council - 16 March 2021	GB.12 / 557

Item GB.12	S09625

Gordon Golf Course Masterplan and Gordon Golf Club Lease

EXECUTIVE SUMMARY

purpose of report:	The purpose of this report is to revisit Council’s position of April 2016 in relation to closure of the Gordon Golf Course in light of the inability to fund conversion of the golf course to a regional park.

background:	Funding is available in the 2020/21 budget for master planning of the Gordon Golf Course. Regardless of the outcome of a master planning process, implementation of any masterplan which might subsequently be adopted by Council remains unfunded.

comments:	Council considered a report on funding of infrastructure projects at its meeting of 17 November 2020. Without oversimplifying the report, some $121 million of unfunded projects that fall within Council’s 10 year works program were identified in that report. Conversion of the Gordon Golf Course to a regional park is additional to that schedule of unfunded works. The Gordon Golf Club lease is due to expire in 2023. It is not considered appropriate to continue with plans to close the golf course in 2023 in the absence of any sustainable funding strategy for implementation of the regional park concept.

recommendation:	That Council does not initiate masterplanning of the Gordon Golf Course in 2021 and seeks to negotiate a 5 year lease extension with Gordon Golf Club to allow continued use of the site for golf on terms to be negotiated by the General Manager in order to protect Council’s interests.

Purpose of Report

Background

At its meeting of 5 April 2016 Council considered a report on community consultation in relation to the future of the Gordon Golf Course. On consideration of the matter, Council resolved as follows:

A. That Council advise the Gordon Golf Club of its support for the Gordon Golf Course to remain a golf course until the lease option expires in November 2023.

B. That the Masterplan be deferred and consulted with the community prior to the expiration of the lease for the Gordon Golf Club.

C. That, following the expiration of the lease, the golf course be converted to a Regional Park in accordance with the adopted Masterplan.

D. That a further report on a cost breakup of expenditure and income for the two golf courses, Gordon and Turramurra, be brought to Council with a view of identifying potential savings.

Masterplanning of the Gordon Golf Course is currently scheduled to commence in the current financial year. Considerable time and resources were expended prior to April 2016 on both consultation and masterplan options. This early work was unable to resolve the issue in a financially sustainable manner due to the sensitivity of the issues involved.

Partly as a consequence of the COVID-19 pandemic, it is apparent that golf course use has increased from previous years, as demonstrated in the tables below.

Gordon Golf Course

Year (December to November)	Number of rounds
2016	12,528
2017	13,949
2018	10,658
2019	13,082
2020	16,422
2021 to date (2 months)	3,166

Gordon and North Turramurra

Comments

Gordon Golf Club Limited is in the second and final lease option period in relation to its use of the golf club premises at 2 Lynne Ridge Avenue, Gordon. The current option expires on 30 November 2023.

Implicit in Council’s resolution of 5 April 2016 is that the current period of lease not be extended upon expiry, and by extension, that a fresh EOI or tender process for use of the facility is not initiated.

Notwithstanding that Council has allocated funds in the current financial year to commence preparation of a masterplan for a regional park on the site of the Gordon Golf Course, it has no funds to implement any element of a masterplan that might arise from such a process.

Since last considering this matter in 2016 Council has not identified a pathway to fund a number of significant unfunded projects already within its Long Term Financial Plan and IP & R documents. In the absence of a funding strategy to facilitate conversion of the golf course to a regional park, it makes no practical or commercial sense to close both the golf course and the golf club on 30 November 2023. Whether or not the golf course is being used for golf, it still has to be maintained, albeit without the benefit of golf club income in the event the facility is simply closed.

The site has no infrastructure, other than manicured lawns, which would serve the purposes of a “regional park”.

Until such time as Council is in a position to fund conversion of the golf course to a regional park the best use of the site is to continue its use as a golf course. Similarly, until Council is in a position to countenance sufficient, albeit limited urban development on the site to fund such a project, or until an alternate funding strategy is identified, it is of little benefit to recommence masterplanning of the site.

integrated planning and reporting

P6: Enhancing recreation, sporting and leisure facilities

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P7.1: Multipurpose community buildings and facilities are available to meet the community’s diverse and changing needs.

P7.1.2.3: Continue to develop and deliver professional services including programs, services and ongoing marketing to club members and public players at Council’s golf courses to industry standards.

Gordon Golf Course Masterplan

Governance Matters

Seeking to negotiate a lease extension with Gordon Golf Club Limited for a further five years is reasonable under the circumstances and this is consistent with the leasing requirements under the Local Government Act (subject to public notification) and Gordon Golf Course Plan of Management. Beyond this, Council should go to market to ascertain whether there are other parties interested in using the facilities at the golf course.

Risk Management

There is a not insignificant risk to Council’s reputation in untimely initiation of a fresh master planning process for repurposing the Gordon Golf Course in the absence of any sustainable pathway to fund the conversion to other uses.

Financial Considerations

The 2021 budget includes funding for master planning of the Gordon Golf Course.

Implementation of a masterplan is unfunded in the Long Term Financial Plan.

A major part of Council’s financial and asset strategy is the use of funds from the sale of various property assets to fund renewal of existing infrastructure assets, to upgrade existing assets and to construct new assets.

Listed below is the expenditure on infrastructure requiring funding from asset sales over the next 10 years.

Renewal of Existing Assets $39m

Upgrade / New Assets $37m

Major Town Centre projects $45m

TOTAL $121m

Council had anticipated being able to fund the majority of the above works from the sale of the existing Lindfield Library and the Gordon and East Roseville Bowling Club sites. This was on the basis of the bowling clubs being zoned for R3 residential development. However the State Government has not approved the R3 zoning and Council is now pursuing approval at R2 zoning. This means that funding available from the possible future sale of these properties will be substantially reduced.

Notwithstanding Council’s inability to secure asset sales in a timely manner, conversion of the Gordon Golf Course to a regional park is additional, and of a lesser priority, to the existing schedule of unfunded works.

Under these circumstances, giving the Golf Club certainty of tenure is the best option for the site in the medium term. It would also allow Council to consider the best way for it to manage the services Council is currently responsible for on site. This will also ensure ongoing income to Council continues under similar terms to the existing commercial lease.

Social Considerations

The community of Ku-ring-gai has been disrupted through the Covid19 pandemic. One of the changes arising as a consequence of the “work from home” phenomenon has been an increase in use of outdoor sporting facilities in which social distancing is inherently possible, namely golf and tennis. Consequently, there has been an upswing in the use of Council’s golf courses, particularly at Gordon, which was not evident when Council first entertained repurposing of the Gordon Golf Course.

Environmental Considerations

No environment issues arise as a consequence of extending the lease on the golf club and temporarily discontinuing the master planning process.

Community Consultation

Not required in respect of a five year lease.

Internal Consultation

The Operations Department has been consulted in the preparation of this report.

Summary

Notwithstanding that Council has allocated funds in the current financial year to commence preparation of a masterplan for a regional park on the site of the Gordon Golf Course, it has no identifiable funds to implement any element of a masterplan that might arise from such a process.

Recommendation:

That:

A. Council resolve to defer masterplanning for the Gordon Golf Course in the 2020/2021 financial year due to the lack of available funds to convert the golf course to a regional park until there is an available funding source;

B. The General Manager or his nominee be delegated to negotiate a 5 year lease extension with Gordon Golf Club Limited on such terms as to protect Council’s interests; and

C. The General Manager be delegated authority to execute all documentation to give effect to this resolution.

Andrew Watson

Director Strategy & Environment

Ordinary Meeting of Council - 16 March 2021	GB.13 / 561

Item GB.13	S12577/3

Flood Prone Land Policy and Updated Flood Planning Area Mapping

EXECUTIVE SUMMARY

purpose of report:	To present Council the final Flood Prone Land Policy for adoption and revised overland flow Flood Planning Area maps for endorsement.

background:	The Draft Flood Prone Land Policy was developed to enable appropriate notations concerning flood related development controls on Section 10.7 Planning Certificates. Public exhibition of the Draft Flood Prone Land Policy was held from 3 October 2019 to 4 November 2019. Based on feedback received during public exhibition in 2019, the overland flow flood planning areas for existing mapping has been updated.

comments:	Update of the Overland Flow Flood Planning Area maps has resulted in the removal of 267 sites from overland flow flood planning areas. However, revision of the mapping method also identified sites to potentially add to the overland flow flood planning area. Following adoption of the Policy and current flood planning area maps these additional areas should be considered for further community consultation prior to adding these to the overland flow flood planning area, if appropriate.

recommendation:	That Council Adopt the Flood Prone Land Policy 2021 and endorse the Mainstream and revised Overland Flow Flood Planning Area maps for Blackbutt Creek And Lovers Jump Creek Catchments . That submitters to the 2019 public exhibition and impacted owners are notified on the outcomes of the process, and that Council undertakes community consultation for the additional overland flow Flood Planning Areas identified during the revised FPA mapping exercise.

Purpose of Report

To present Council the final Flood Prone Land Policy for adoption and revised overland flow Flood Planning Area maps for endorsement.

Background

Council has completed two flood studies and two flood risk management studies and plans for the Blackbutt Creek and Lovers Jump Creek catchments. This has resulted in Flood Planning Area Maps being publically available for both catchments.

However, as Ku-ring-gai’s LEP documents do not contain a Flood Prone Land clause there is currently no mechanism for providing appropriate advice on Planning Certificates issued under Section 10.7 of the NSW Environmental Planning and Assessment Act 1979 concerning flood related development controls.

Schedule 4 of the Environmental Planning and Assessment Regulation 2000 outlines what information is required to be provided on Planning Certificates, which includes:

7A Flood related development controls information

(1) Whether or not development on that land or part of the land for the purposes of dwelling houses, dual occupancies, multi dwelling housing or residential flat buildings (not including development for the purposes of group homes or seniors housing) is subject to flood related development controls.

(2) Whether or not development on that land or part of the land for any other purpose is subject to flood related development controls.

Part 24D.2 (flood studies and the design flood standard) of Ku-ring-gai’s Development Control Plans contains the following clause:

3. Where a flood study has been completed and the site is identified on the flood planning area map any development proposal must demonstrate:

i) Development will not exacerbate flooding on adjoining properties; and

ii) Development is confined to a part of the site which is flood free; or

iii) All dwellings are set at or above the specified freeboard

Note: Council has completed flood studies for selected catchments. Please check www.kmc.nsw.gov.au

However, it is not considered reasonable to apply the flood notations to Section 10.7 Planning Certificates based on this clause as when the flood study projects and associated Flood Planning Area maps were produced the community was not explicitly told that the Planning Certificate notations would be made.

As such, the Flood Prone Land Policy has been created to help ensure flood prone land and any related development controls are appropriately considered, until a major update to Ku-ring-gai’s LEP is made to include a relevant clause.

The Draft Flood Prone Land Policy and updated Flood Planning Area Mapping for the Blackbutt Creek Catchment was first reported to Council on 17 September 2019. Public exhibition of the Draft Flood Prone Land Policy (including examples of the proposed planning certificate notations) and revised Blackbutt Creek Flood Planning Area map was held from 3 October 2019 to 4 November 2019.

The results of the Public Consultation were reported to the Flood Risk Management Committee (FRMC) on 10 December 2019.

Over 30 submissions were received during the public consultation period with the main issues raised including:

• impact of planning certificate 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; and

• other issues such as maintenance.

More detail on the submission topics is provided in the community consultation section below.

Based on feedback received during public exhibition in 2019, no major changes were recommended for the draft Flood Prone Land Policy or planning certificate notations. However, the FRMC did recommend updating the Overland Flow FPA mapping prior to reporting a final policy back to Council, to help minimise some of the social and financial impacts resulting from formally identifying land within the FPA.

Comments

The Flood Prone Land Policy (Attachment A1) has been developed to facilitate relevant information from Council’s completed flood studies to be available on planning certificates. This policy should be implemented in conjunction with the Ku-ring-gai Water Sensitive City Policy and will ensure residents, developers and private certifiers are aware of any flood impacts that need to be considered when undertaking development activities.

The Overland Flow and Mainstream Flow Flood Planning Area (FPA) maps produced for catchments where flood studies have been undertaken will provide the basis for notations on section 10.7(2) of the planning certificate. The Probable Maximum Flood identified in the flood studies will be used to provide additional information in the relevant section of 10.7(5). Attachment A2 contains examples of the proposed notations for section 10.7 certificates.

The proposed notations on the 10.7 planning certificates will be supported by the issuing of Flood Certificate Reports. These reports, already available for purchase, contain site-specific flood planning level information for impacted properties. These are currently being requested for a number of development applications and will be particularly useful for private certifiers when notations are made on planning certificates. Having appropriate flood information noted on planning certificates is particularly important to enable private certifiers to make informed decisions relating to development undertaken through the NSW State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

The FRMC considered the issues raised during the Public Consultation at the FRMC meeting held on 10 December 2019.

Although many of the issues raised were more suited to be addressed during the Flood Study and Flood Risk Management Study stages of the flood risk management framework (please see consultation section), limiting the Overland Flow FPA was identified as an issue that should be addressed.

Limiting the FPA to the Probable Maximum Flood (PMF) is a conservative approach. It would address the concerns of some residents, however in many cases there will still be properties with notations in section 10.7(2) of the planning certificates for excessively rare events.

Updating the FPA so that the Overland Flow FPA extent is not increased by the freeboard level will address many concerns raised for residents in relation to this issue.

It will mean that for areas identified as “Overland Flow” flooding, the FPA properties will be limited to those directly impacted by the 1% AEP (Annual Exceedance Probability) extent, however the 300mm freeboard will still be applied to any proposed development in those areas.

Following consideration of the issues raised during the Public Consultation at the FRMC meeting held on 10 December 2019, the FRMC endorsed staff to undertake an update of the Overland Flow FPA Mapping so that the Overland Flow FPA is limited to the 1% AEP flood extent and the boundaries between Mainstream and Overland Flow are revised.

Council’s current flood study consultant (BMT) was engaged to undertake the FPA mapping adjustment. Initial discussions about the mapping revealed no major issues with the boundaries between the mainstream and overland flow FPA boundaries. As such, the revision focused on the update of the Overland Flow FPA.

Due to the ‘patchy’ nature of overland flow flooding, a slightly revised method of determining the Overland Flow FPA was required when the 300mm freeboard was removed from the mapping.

Table 1 provides a comparison of the previous method developed by Jacobs and the revised approach developed by BMT for mapping the overland flow FPA.

Step	Previous Flood studies (Jacobs)	Revised (BMT)
1	Filter depths below 150 mm from the peak 1% AEP flood event.	Filter depths below 150 mm from the peak 1% AEP flood event.
2	Following depth filtering, remove isolated ponding locations with an area less than 100 m2 (small ponds).	Following depth filtering, remove isolated ponding locations with an area less than 100 m2 (small ponds).
3	Identify any locations where a series of small ponds may indicate an active flow path and hence should be included. Join up those ponds and re-add to the filtered extent.	Identify any locations where a series of small ponds may indicate an active flow path. Similarly, identify any locations where two larger ponds (areas greater than 100 m2) are isolated from each other.
4	Add the 300mm freeboard and cross-check the flood planning area against ground level contours.	Connect these series of small ponds or isolated large ponds to form a continuous flowpath. Where the areas separating the isolated locations have depths below 150 mm, utilise the following classifications where appropriate to aid in the process: a. High-hazard floodway and high-hazard storage areas. b. Depths between 100 mm and 150 mm. c. Depths below 100 mm where neither of the above classifications are present.
5	Sanity-check the flood planning area considering building resilience and locations.	Identify any locations where isolated areas with depths below 150 mm occur within the filtered extent (i.e. where holes appear within the filtered extent). Add these to the final filtered extent
6		Cross-check the flood planning area against ground level contours.
7		Sanity-check the flood planning area considering building resilience and locations.
8		Remove any areas from the filtered extent which overlap with the mainstream FPA to form the overland FPA.

Table 1: comparison of Overland Flow FPA mapping method developed by Jacobs and the revised approach developed by BMT.

This revised mapping was discussed at the FRMC meeting held on 16 February 2021.

Undertaking the revised method (including trimming sites where Overland Flow FPA crosses a property boundary by less than 1m) has resulted in 79 sites removed from the Blackbutt Creek Catchment Area and 188 sites removed from the Lovers Jump Creek Catchment Area, noting that some of these sites are still impacted by the Mainstream Flow FPA.

However, this has also identified the potential to add 34 sites to the Blackbutt Creek overland flow FPA and 69 sites to the Lovers Jump creek overland flow FPA. This has primarily occurred in the upper areas of steep catchments where shallower flows between 100-150mm have a high velocity, and can create localised areas of high hazard.

In some cases, local flow paths and drainage infrastructure is in place to address such issues. However, Council’s drainage engineers raised a concern that many of these areas highlight sites with significant overland flow issues that should be carefully considered in future development activities.

In considering these issues, the FRMC meeting held on 16 February 2012 included the following recommendations:

• The FRMC endorses the Final Flood Prone Land Policy and Mainstream Flow Flood Planning Area Maps (for both Blackbutt Creek and Lovers Jump Creek Catchments) to be reported to Council for formal adoption;

• The FRMC endorses additional community consultation be undertaken for the Overland Flow Flood Planning Area following revision of the mapping method;

Delays to finalising the mapping throughout 2020 has meant that over 12 months has passed since exhibiting the draft policy. Continued delays in finalising the mapping, even just for the Overland Flow FPA, will mean that flood notification will not be added to section 10.7(2) of the planning certificates and potential flood considerations will be missed – particularly for developments undertaken under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

In order to minimise any further delays to implementation of the policy in key areas impacted by overland flow, staff recommend that that the revised Overland Flow FPA map, excluding the areas to be potentially added, is also adopted with the policy to ensure that areas of revised Overland Flow within the previously identified extents are considered.

The revised Overland Flow FPA, excluding potentially added areas, is provided in Attachment A3 for the Blackbutt Creek Catchment and Attachment A4 for the Lovers Jump Creek Catchment. These maps show the existing overland flow FPA, revised overland flow FPA and identifies properties that will be removed from the Overland Flow FPA where the revised mapping is endorsed. This will trigger notation in section 10.7(2) of the planning certificate, which provides mandatory consideration for development activities.

The additional areas should then be referred for further public consultation. All of these properties within the Probable Maximum Flood extent will also have a notification in Section 10.7(5) of the planning certificate, however it will not necessarily trigger flood related development controls to be considered.

Following update of the mapping procedure, only minor changes have been made to the Draft Flood Prone Land Policy.

These include:

· updating the definition of Flood Planning Area from “The area of land below the flood planning level and thus subject to flood related development controls” to “The area of land subject to flood related development controls”;

· updating a paragraph in the Implementation section to remove the description of the freeboard height in reference to the Flood Planning Area Map; and

· updating a paragraph in the Implementation section by including endorsement of “updated FPA mapping” as a mechanism to provide appropriate advice on Planning Certificates issued under Section 10.7 of the NSW Environmental Planning and Assessment Act 1979 concerning flood related development controls.

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.

Ensuring that all information available to Council is appropriately notified to relevant landholders is essential for managing flood risk.

Financial Considerations

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

The financial implications on impacted landholders has been carefully considered by the FRMC and Council. All flood studies are undertaken in line with the NSW Government’s Flood Prone Land Policy and the floodplain development manual.

Further refinement of the Overland Flow Flood Planning Area mapping trough the recent revision has been undertaken to minimise impacts to property value and insurance costs with all background studies and mapping freely available on Council’s website and detailed mapping available for each property through the Flood Certificate Report process.

Social Considerations

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.

All background studies and mapping is freely available on Council’s website and detailed mapping available for each property through the Flood Certificate Report process.

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, an Advisory Committee of Council including members from the local community and relevant State agencies has considered this issue at a number of meetings.

Public exhibition of the Draft Flood Prone Land Policy and revised Blackbutt Creek Flood Planning Area map was held from 3 October 2019 to 4 November 2019.

Notification of the public exhibition was in Council’s corporate advertisement in the North Shore times on 3 October 2019 and information was placed on the public exhibition web page.

To ensure those most impacted by the policy were made aware of the draft policy, all owners of properties within the Lovers Jump Creek Flood Planning Area and the Revised Blackbutt Creek Flood Planning Area were directly notified by mail of the public exhibition and invited to make submissions.

The web site and letter both contained a frequently asked questions sheet providing further information and links to relevant information.

In addition, staff held community question and answer sessions at Turramurra Library on Wednesday, 16 October 2019 from 3-5pm and at Gordon Library on Wednesday, 23 October 2019 from 4-6pm. These sessions were well attended with residents coming to review the flood study information, mapping and ask questions about how the policy would impact their property.

Over 30 submissions were received (noting some were from multiple submitters regarding the same property) please see Attachment A5 for the full submissions (excluding private details) and staff responses.

Many of the submissions were in relation to the Lovers Jump Creek Flood Planning Area and Flood Study Mapping, even though this was not specifically on public exhibition. However, the issues raised in relation to the Lovers Jump Creek FPA map, particularly the Freeboard issues mirror those raised by residents commenting on the Revised Blackbutt Creek Flood Planning Area and so are considered here.

Table 2 provides a summary of the main topics raised and general comments or recommendation from staff.

Topic	Contention	Comment/Recommendation
Impact of notation on property value and insurance prices	That noting flood on planning certificates will negatively impact property value and increase insurance premiums	Council has a requirement to notify residents of any information which may relate to specific development controls which apply to land. Ku-ring-gai’s flood mapping process has followed the NSW government Flood risk management program, which includes the preparation of flood studies with input from the local community. In relation to impact on property value, the flood studies provide sufficient detail to demonstrate flood risks and detail flood mapping on individual lots.
Flood Planning Area (FPA) Overland Flow Freeboard	That the 300mm freeboard applied to the Overland Flow is extensive, often resulting in properties beyond the Probable Maximum Flood (PMF) receiving notations, and should be removed or revised.	This is a common issue and two alternative approaches include: · Limiting the FPA to the PMF. · Limiting the FPA map to the area of 1% flow applying the freeboard to those properties.
FPA Mainstream Flow Freeboard	That the 500mm freeboard applied to the Mainstream Flow is extensive, often resulting in properties beyond the Probable Maximum Flood (PMF) receiving notations, and should be removed or revised.	Mainstream Flow is often more dangerous than overland flow and it will be hard to justify reducing the freeboard or limiting the FPA to the 1% flow area. Reducing the Freeboard for Mainstream Flooding areas is not advised by NSW Department of Planning, Industry and Environment.
Specific mapping contentions	The flood model is not accurate and mapping does not reflect specific site conditions.	Opportunity was provided during the flood studies to address the flood model and flow mapping.
Policy considerations	Provision of an appeals process and specifying periods of review have been requested.	Provision for feedback into the study is provided early in the flood study and flood risk management study process. In addition the flood studies are publically exhibited, providing opportunity for residents to provide feedback and review model assumptions and outputs. In addition, alternative, site specific information can be provided through a DA for consideration. Having separate appeals process is problematic as Council does not have the in-house resources to provide such a service. In relation to study review periods it is hard to specify as any review would depend on need (have there been significant catchment changes or new data available), funding and resource availability.
Residents in upper floor apartments	Although the property that an apartment in part of may be flood impacted, non-ground floor apartments would not.	Staff from Land Information advised that the planning certificated relate to the parcel of land – not a specific dwelling. For areas with strata and community title arrangements sufficient detail is available through the Flood Certificate Report process to determine if a specific unit/villa/townhouse or any associated asset, such as storage or parking areas, is impacted by the notation.
Other issues such as maintenance	Provision of Kerb and Gutter, cleaning out waterways and easements.	Maintenance were referred to the operations department and addressed individually where practicable.

Table 2: Summary of Issued raised during the 2019 Public Consultation.

Although many of the issues raised are those that are best addressed during a flood study or flood risk management study or plan, the opportunity was taken to limit the extent of the Overland Flow Flood Planning Area prior to adopting the Flood Prone Land Policy and formally adding notations to planning certificates.

As the revision of the mapping has taken over 12 months, notification that the policy is being presented to this Council meeting has been made to all properties within the FPA mapping, in addition to those who made a submission during the public exhibition period. As per the recommendation made by the FRMC at the meeting held on 16 February 2020.

Impacted property owners will be directly notified when the Flood Prone Land Policy and updated mapping is adopted and changes have been made to the planning certificate.

Internal Consultation

Council staff from Strategy, Development and Regulation, Operations and Land Information have been nominated to attend the Committee meetings and have been involved in the development of the policy.

In addition the communications team provided assistance and advice for the public exhibition period and the Corporate Lawyer has been consulted a number of times during the policy development.

Summary

Public exhibition of the Draft Flood Prone Land Policy and revised Blackbutt Creek Flood Planning Area map was held from 3 October 2019 to 4 November 2019.

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; and

· other issues such as maintenance.

Updating the FPA so that the Overland Flow FPA does not extend to the freeboard level extent will address many concerns raised for residents in relation to this issue. This was the only update required prior to the Flood Prone Land Policy being reported to Council for formal adoption.

Recommendation:

That:

A. Council adopt the Flood Prone Land Policy 2021 and endorses the Mainstream and Revised Overland Flow Flood Planning Area maps for Blackbutt Creek And Lovers Jump Creek Catchments;

B. Council directly notify Submitters to the 2019 public exhibition on the outcomes of the process and all owners impacted by an update to part (2) or (5) of the s117 planning certificates;

C. Updates are made to the relevant reports, certificates and website information including relevant sections on the s117 planning certificates, Council’s Flood Certificate Report and Council’s Web Viewer mapping system; and

D. Council undertake community consultation, for no less than 28 days, on the additional overland flow Flood Planning Areas identified during the revised FPA mapping exercise and following the close of the public exhibition period a report is brought back to Council to consider any submissions received.

Sophia Findlay

Water and Catchments Program Leader

Jacob Sife

Manager Environment & Sustainability

Andrew Watson

Director Strategy & Environment

Attachments:	A1⇩	Flood Prone Land Policy - Draft	2021/057588
	A2⇩	Example planning certificate flood notations	2019/256296
	A3⇩	Blackbutt Creek Flood Study Overland Flow Flood Planning Area Revised March 2021	2021/056981
	A4⇩	Lovers Jump Creek Flood Study Overland Flow Flood Planning Area Revised March 2021	2021/056984
	A5⇩	Draft Flood Prone Land Policy and Revised Blackbutt Creek Flood Planning Area Public Exhibition - 2019 Submissions (sensitive information removed)	2019/362325

Ordinary Meeting of Council - 16 March 2021	GB.14 / 607

Item GB.14	S10746

Minutes of the Flood Risk Management Committee 16 February 2021 Meeting

EXECUTIVE SUMMARY

purpose of report:	For Council to consider and note the minutes of the Flood Risk Management Committee meeting held on 16 February 2021 (Attachment A1).

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 16 February 2021 the Flood Risk Management Committee business paper report discussed the following items: · Updated Flood Planning Area Mapping and Draft Flood Prone Land Policy; and · Other Flood Project Updates.

recommendation:	That Council receive and note the Minutes of the Flood Risk Management Committee meeting held on 16 February 2021.

Purpose of Report

For Council to consider and note the minutes of the Flood Risk Management Committee meeting held on 16 February 2021 (Attachment A1).

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 16 February 2021 the Flood Risk Management Committee business paper report discussed the following items:

1. Updated Flood Planning Area Mapping and Draft Flood Prone Land Policy

The committee was presented with the updated Overland Flow Flood Planning Area mapping which was undertaken in response to the Draft Flood Prone Land Policy Public Exhibition undertaken in October/November 2019.

The revised Overland Flow Flood Planning Area mapping method resulted in identifying areas of overland flow that were not included in the previously adopted flood planning area maps. Typically these areas were in upper parts of the catchments where shallow flows can reach higher velocities.

The report proposed that this issue be addressed by trimming the Flood Planning Area in these areas back to the previous overland flow area extent and the staff recommendation included in the FRMC agenda was:

A. The FRMC notes the change in method used to update the Blackbutt Creek and Lovers Jump Creek Flood Planning Areas;

B. The FRMC endorses the Final 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;

C. The FRMC endorses impacted owners to be directly contacted (mail) notifying them when the Flood Prone Land Policy and Revised Flood Planning Area Maps (for both Blackbutt Creek and Lovers Jump Creek Catchments) will be reported to Council for formal adoption.

However, particularly as a number of the locations have been identified as areas of concern by the drainage team, the committee discussed a change to the resolution, allowing further community consultation on the overland flow flood planning area mapping so that these additional areas are thoroughly considered for adding on to the Overland Flow Flood Planning Area Map.

The committee’s revised recommendation is:

A. The FRMC notes the change in method used to update the Blackbutt Creek and Lovers Jump Creek Flood Planning Areas;

B. The FRMC endorses the Final Flood Prone Land Policy and Mainstream Flow Flood Planning Area Maps (for both Blackbutt Creek and Lovers Jump Creek Catchments) to be reported to Council for formal adoption;

C. The FRMC endorses additional community consultation be undertaken for the Overland Flow Flood Planning Area following revision of the mapping method;

D. The FRMC endorses impacted owners in the Mainstream Flow Flood Planning Area to be directly contacted (mail) notifying them when the Flood Prone Land Policy and Flood Planning Area Maps (for both Blackbutt Creek and Lovers Jump Creek Catchments) will be reported to Council for formal adoption.

2. 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 Successful Funding Application;

· 2021 DPIE Flood Funding; and

· Norman Griffiths Oval update.

The committee noted the project updates.

The minutes for the 16 June 2020 meeting were 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

Risk Management

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 16 February 2021 the Flood Risk Management Committee business paper report discussed the following items:

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

· Other Flood Project Updates.

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

Recommendation:

That Council receive and note the Minutes of the Flood Risk Management Committee meeting held on 16 February 2021 (Attachment A1).

Sophia Findlay

Water and Catchments Program Leader

Jacob Sife

Manager Environment & Sustainability

Andrew Watson

Director Strategy & Environment

Attachments:

A1⇩

Flood Risk Management Committee Meeting Minutes 16 February 2021

2021/054294

[5] “Furniture designs by Paul Kafka” by MAAS: https://collection.maas.museum/object/53457 ; DA 678/2010/1 Woollahra Municipal Council Application Assessment Panel report - 861 New South Head Road, Vaucluse (online)

[6] “Sydney’s Forgotten Mid-century Modernists” by Shelley Gare in the Australian Financial Review, 31 October 2020: https://www.afr.com/life-and-luxury/arts-and-culture/sydneys-forgotten-midcentury-modernists-20170719-gxehcb

Ordinary Meeting of Council - 16 March 2021	MM.1 / 32

Item MM.1	CY00455/9

Ordinary Meeting of Council - 16 March 2021	MM.2 / 34

Item MM.2	CY00455/9

Ordinary Meeting of Council - 16 March 2021	GB.2 / 53

Item GB.2	FY00581/6

Ordinary Meeting of Council - 16 March 2021	GB.5 / 75

Item GB.5	S11736

Subject:	OMC247 - 33 Young Street Wahroonga
Minute Number:	247
Notes:
File Reference:	S10066