Ordinary Meeting of Council

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

Level 3, Council Chamber

 

Agenda

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

 

 

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 confidential attachments to the following General Business reports:

GB.6 St Ives Indoor Sports Centre – Project Update

In accordance with 10A(2)(d)(i):

Attachment 1: Funding Deed with ME mark-ups

Attachment 2: Risk Table from ME

 

CONFIRMATION OF MINUTEs

 

Minutes of Ordinary Meeting of Council                                                                        9

 

File: S02131

 

             There are no minutes to be confirmed at this meeting as yet.

 

 

minutes from the Mayor

 

 

Petitions

 

PT.1        Removal of 3 trees in Darnley Street Gordon                                                            12

 

File: RT1/13

 

We the undersigned hereby petition Ku-ring-gai Council to remove three trees in Darnley Street Gordon because of the potential danger they pose not only to nearby residents but to many people who regularly walk along this street.

 

The trees in question are a liquid amber tree near the junction between 15 Darnley Street Gordon and 17 Darnley Street, a very tall lemon-scented gum outside 17 Darnley Street and a liquid amber tree outside 17 Darnley Street.

 

The two liquid amber trees have previously caused damage to nearby properties and the lemon-scented gum poses a dangerous threat to four properties. It also would seem that the liquid amber tree at the junction of 17 Darnley Street is infested with termites.

 

Until now there has been no personal injury caused by these trees even though, in the case of the liquid amber trees, powerlines have been brought down. However, the potential for human injury in the future remains. (32 signatures)

 

Recommendation:

 

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

 

PT.2        New footpath - Buckra St - Princes St to Charlton Ave                                           13

 

File: 88/05205/01

 

We, the undersigned residents of Buckra Street, Turramurra are strongly opposed to the proposed new footpath in Buckra Street – from Princes Street to Charlton Avenue. (14 signatures)

 

Recommendation:

 

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

 

 

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        Ku-ring-gai Council End of Term Report 2017-2021                                                14

 

File: S13319/2

 

To present to Council the End of Term Report for the period 2017-2021.

 

Recommendation:

 

That Council receive and note the End of Term Report for the period 2017-2021.

 

GB.2        2021 - 2022 Budget Review - 1st Quarter ended September 2021                       19

 

File: S09112/10

 

To inform Council of the results of the first quarter budget review of 2021/22 and proposed adjustments to the annual budget based on the actual financial performance and trend for the period 1 July 2021 to 30 September 2021.     

 

Recommendation:

 

That Council receive and note the September 2021/22 Quarterly Budget Review and the recommended changes.

 

GB.3        Analysis of Land and Environment Court Costs - 1st Quarter 2021 to 2022    64

 

File: FY00623/4

 

To report legal costs in relation to development control matters in the Land and Environment Court for the quarter ended 30 September 2021.  

 

Recommendation:

 

That the analysis of Land and Environment Court costs for the quarter ended 30 September 2021 be received and noted.

 

GB.4        Investment Report as at 31 October 2021                                                                   75

 

File: FY00623/4

 

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

 

Recommendation:

 

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

 

GB.5        Response to OLG Guidelines - Risk Management and Internal Audit                82

 

File: CY00578/4-4

 

The Office of Local Government (OLG) has updated the 2019 guidelines on the Internal Audit and Risk Management Framework to support and inform the operations of Audit, Risk & improvement Committees (ARIC).

 

This report outlines the key changes that are proposed and how they will impact Ku-ring-gai Council and the internal audit shared service. Further, it provides the basis for providing a submission on behalf of Council.

 

The OLG is inviting submissions on the proposed guidelines by 26 November 2021.

 

Recommendation:

 

That Council consider the proposed Guideline and endorse the issues identified in this report for Council’s submission to the OLG by 26 November 2021.

 

 

 

 

 

GB.6        St Ives Indoor Sports Centre – Project Update                                                       215

 

File: S12712-3

 

To update Council on the St Ives Indoor Sports Centre project.

 

Recommendation:

 

That Council receive and note updates contained within this report and that Council endorse a request for variation to the Milestone payment dates for the grant from the NSW Office of Sport.

 

GB.7        Planning Proposal to rezone and heritage list Killara Bowling and Lawn Tennis Club                                                                                                                                     224

 

File: S13316

 

To present the Planning Proposal for the heritage listing and rezoning of Killara Bowling and Lawn Tennis Club for consideration.

 

Recommendation:

 

That the Planning Proposal to rezone the Killara Bowling and Lawn Tennis Club and list the site as a local heritage item be adopted and submitted for Gateway Determination under section 3.34 of the EPA Act 1979.

 

GB.8        St Ives Showground & Precinct Lands Plan of Management                              401

 

File: S13492

 

To have Council adopt the St Ives Showground and Precinct Lands - Final Plan of Management, dated October 2021.

 

Recommendation:

 

That Council adopt the St Ives Showground and Precinct Lands - Final Plan of Management, dated October 2021.

 

 

 

Extra Reports Circulated to Meeting

 

 

 

 

 

 

 

 

 

 

 

Motions of which due Notice has been given

 

NM.1       Employee Assistance Program                                                                                   631

 

File: S11228

 

Notice of Motion from Councillors Kay and Kelly dated 29 October 2021

 

EAP is an employee assistance program that supports employees with work-related problems as well as personal problems that may impact on their job performance, health and mental well-being. EAP offers employer funded confidential counselling for employees and their family members as well as consultative support for managers and supervisors to address employee and organizational challenges and needs.

 

This has been available for more than 15 years to Ku-ring-gai Council staff with a different provider prior to 2020. The average number of employees using the service was 6.5 per quarter in 2020 and this has increased to 7 per quarter to the end of September 2021. Prior statistics were not readily available at the time of making enquiries of staff.

 

Unfortunately, EAP has not previously been available to councillors from Ku-ring-gai Council, but their services are offered to councillors from other Councils in NSW.

 

This was brought to my attention when a serious matter that related to my work as a Councillor occurred, and I was offered no support or assistance to deal with the issue at the time. 

 

There has been a dramatic increase of EAP services over the years, with many more businesses coming on board, and should continue to be offered to all staff including post lockdown when mental health issues are predicted to be on the rise.

 

Recommendation:

 

We therefore move that:

 

A.   The provision of the employee assistance program (EAP) be included in the Councillor Expenses and Facilities Policy, to ensure it is available to future councillors.

 

B.   The services offered by EAP are available to councillors as well as staff, and that this information is provided in the induction material that Councillors are issued when elected with the list of these contacts readily available.

 

 

 

 

 

 

 

 

 

 

 

 

NM.2       Basketball and Netball Facilities in Roseville, Lindfield and Killara                 633

 

File: S07823

 

Notice of Motion from Councillor Ngai dated 29 October 2021

 

It is unfortunate that council was unable to achieve quorum on at least three occasions in October, denying the opportunity for sporting facilities to be considered in October.

 

I therefore propose that this matter be considered by council in November. For more information about this motion, please refer to NM2 of the October 2021 Ordinary Meeting of Council.

 

Recommendation:

 

I therefore move that:

 

A. Netball: Council proactively engages with Lindfield Netball Club and KNA to ensure that the netball hoops at the flood-lit Tryon Road Tennis Courts will be available for training whenever required in 2022. If there are already pre-existing tennis bookings causing a clash in availability, council staff should exercise discretion in offering an alternate location.

 

B. Basketball: Council staff investigate suitable locations for increasing the number of council-owned basketball hoops in Roseville / Lindfield / Killara from the current five up to a target of at least twelve, and a report be brought back to council for consideration by April 2022. Some of these basketball hoops could potentially come from quick wins such as the conversion of courts at Tryon Road (up to four basketball hoops to accompany the netball hoops), Lindfield Library (up to four hoops), and other locations in the area. Additional hoops can also come from the reconfiguration of public spaces in the medium to long term. It is also understood that the conversion of popular tennis courts to basketball may have a revenue impact if tennis hirers do not choose to book the other available courts in the council network, and the potential cost implications should be included for council’s consideration.

 

NM.3       Lindfield Pedestrian Bridge                                                                                          634

 

File: S12268

 

Notice of Motion from Councillor Ngai dated 29 October 2021

 

It is unfortunate that council was unable to achieve quorum on at least three occasions for the October Ordinary Meeting of Council, denying the opportunity for this matter to be considered.

 

Recommendation:

 

I therefore move that:

 

A.   As part of the Lindfield Village Hub negotiations, each proponent must demonstrate how its proposed design will reasonably interface with or incorporate a future pedestrian bridge across the Pacific Highway.

 

B.   Council publishes a project timeline for the Lindfield Village Hub once negotiations are complete.

 

NM.4       Saving Bates Park                                                                                                           635

 

File: S09767

 

Notice of Motion from Councillors Ngai, Spencer, Kay, Kelly and Pettett

 

It is unfortunate that council was unable to achieve quorum on at least three occasions for the October Ordinary Meeting of Council, denying the opportunity for the park to be considered.

 

We therefore propose that this matter be considered by Council in November. For more information about this motion, please refer to NM3 of the October 2021 Ordinary Meeting of Council.

 

Recommendation:

 

We therefore move that:

 

Council does not proceed to divest 97 Babbage Road Roseville Chase (Lot 47, DP 13444), and the land be reclassified from ‘operational land’ back to ‘community land’ in accordance with section 33 of the Local Government Act 1993.

 

 

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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Ordinary Meeting of Council - 16 November 2021

PT.1 / 1

 

 

Item PT.1

RT1/13

 

 

 

Petition

 

Removal of 3 trees in Darnley Street Gordon

 

We the undersigned hereby petition Ku-ring-gai Council to remove three trees in Darnley Street Gordon because of the potential danger they pose not only to nearby residents but to many people who regularly walk along this street.

 

The trees in question are a liquid amber tree near the junction between 15 Darnley Street Gordon and 17 Darnley Street, a very tall lemon-scented gum outside 17 Darnley Street and a liquid amber tree outside 17 Darnley Street.

 

The two liquid amber trees have previously caused damage to nearby properties and the lemon-scented gum poses a dangerous threat to four properties. It also would seem that the liquid amber tree at the junction of 17 Darnley Street is infested with termites.

 

Until now there has been no personal injury caused by these trees even though, in the case of the liquid amber trees, powerlines have been brought down. However, the potential for human injury in the future remains. (32 signatures)

 

Recommendation:

 

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

 


 

Ordinary Meeting of Council - 16 November 2021

PT.2 / 1

 

 

Item PT.2

88/05205/01

 

 

 

Petition

 

New footpath - Buckra St - Princes St to Charlton Ave

 

We, the undersigned residents of Buckra Street, Turramurra are strongly opposed to the proposed new footpath in Buckra Street – from Princes Street to Charlton Avenue. (14 signatures)

 

Recommendation:

 

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

  


 

Ordinary Meeting of Council - 16 November 2021

GB.1 / 1

 

 

Item GB.1

S13319/2

 

5 July 2021

 

 

Ku-ring-gai Council End of Term Report 2017-2021

 

EXECUTIVE SUMMARY

 

purpose of report:

To present to Council the End of Term Report for the period 2017-2021.

 

 

background:

The End of Term Report is one of the accountability mechanisms between Council and the community and has been prepared in accordance with Section 428(2) of the Local Government Act, 1993 and the Office of Local Government’s Integrated Planning and Reporting Guidelines.

The End of Term Report is presented at the final Ordinary Meeting of Council for the outgoing Councillors prior to the December elections. It is also required to be submitted to the Minister for Local Government as part of Council’s 2020/21 Annual Report.

 

 

comments:

The report provides an overview of Council’s challenges and achievements in implementing the Community Strategic Plan over the previous 4 years from 2017 to 2021.  This includes a review of both the implementation and effectiveness of the Community Strategic Plan in progressing Ku-ring-gai’s long-term social, environmental, economic and civic leadership objectives.

 

 

recommendation:

That Council receive and note the End of Term Report for the period 2017-2021.

 

 

 


 

Purpose of Report

To present to Council the End of Term Report for the period 2017-2021.

Background

This is Ku-ring-gai Council’s report to the community on the implementation of Ku-ring-gai’s Community Strategic Plan over the term of this Council. 

 

The End of Term Report is one of the accountability mechanisms between Council and the community and has been prepared in accordance with Section 428(2) of the Local Government Act, 1993 and the Office of Local Government’s Integrated Planning and Reporting Guidelines.

 

The report provides an overview of Council’s challenges and achievements in implementing the Community Strategic Plan over the previous 4 years from 2017 to 2021.  This includes a review of both the implementation and effectiveness of the Community Strategic Plan in progressing Ku-ring-gai’s long-term social, environmental, economic and civic leadership objectives.

 

The End of Term Report is required to be presented at the final Ordinary Meeting of Council for the outgoing Councillors prior to the December elections. It is also required to be submitted to the Minister for Local Government as part of Council’s 2020/21 Annual Report.

 

To meet statutory reporting requirements the time period for the End of Term Report is taken from September 2017 to the end of June 2021. This includes the nine month period between the September 2017 local government election, under the previous Community Strategic Plan,  and prior to the adoption of the current Community Strategic Plan in June 2018.

 

Reporting for the current Community Strategic Plan, is taken up to 30 June 2021 (for long term objectives, contributing term achievements and performance indicators and financial results.)

 

The report will also be used to inform and assist the newly elected Council to develop strategies and objectives for the next four year Delivery Program to ensure that Council continues to progress the community’s long term objectives.

 

Comments

Ku-ring-gai Council adopted its current Community Strategic Plan – Our Ku-ring-gai 2038 in June 2018. This Plan was prepared in accordance with the Local Government Act, 1993 and the Integrated Planning & Reporting framework, which was introduced in 2009.

 

Each elected Council is also required to adopt a Delivery Program for its term of office. This ensures each elected Council identifies strategies and key deliverables which will contribute to the successful implementation of the community’s long term objectives contained in the Community Strategic Plan.

 

The effectiveness of the Community Strategic Plan, in progressing the vision and long term objectives, is measured by:

 

·    The progress of each long term objective contained in the Plan

·    Monitoring progress for performance indicators set for each long term objective

·    Completion or substantial completion of Council’s term achievements in the Delivery Program.

 

The report provides an overview of Council’s key successes and challenges during the period September 2017 to June 2021 within the six themes of the Community Strategic Plan:

 

·    Community, People & Culture

·    Natural Environment

·    Places, Spaces and Infrastructure

·    Access, Traffic & Transport

·    Local Economy & Employment

·    Leadership & Governance

 

integrated planning and reporting

Leadership & 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.

L1.1.1.1 – Complete an End of Term Report on Council’s progress implementing the Community Strategic Plan 2038.

 

 

Governance Matters

In accordance with the Local Government Act, 1993 and the Integrated Planning & Reporting framework, Councils are required to prepare an End of Term Report detailing the progress of implementing the adopted Community Strategic Plan. The Report must be presented at the final Ordinary Meeting of Council for the outgoing Councillors.

 

As required under the Local Government Act, in the year of an ordinary election, the End of Term Report will be included in the 2020/21 Annual Report.

 

Risk Management

There are no direct risk impacts in relation to this report. The Leadership and Governance theme in the Community Strategic Plan addresses a range of risk management objectives and requirements. Information on risk management considerations are included in the End of Term Report.  

 

Financial Considerations

There are no direct financial considerations in relation to this report. The Leadership and Governance theme in the Community Strategic Plan addresses a range of financial requirements.  Financial results as well as key achievements and challenges are included in the End of Term Report. 

 

Social Considerations

There are no direct social considerations in relation to this report however, a number of themes contained in the Community Strategic Plan address social considerations. Key achievements and challenges Council experienced in delivering social outcomes to the community are included in the End of Term Report. 

 

Environmental Considerations

There are no direct environmental considerations in relation to this report however, a number of themes contained in the Community Strategic Plan address environmental considerations. Key achievements and challenges Council experienced in delivering environmental outcomes to the community are included in the End of Term Report. 

 

Community Consultation

Community consultation is not required for the preparation of this report.  However, the extent of community consultation and engagement undertaken by Council staff during the reporting period on a diverse range of issues is detailed in the report, as well as the results of community satisfaction and feedback on Council’s delivery of services and facilities. 

 

Internal Consultation

Staff across all departments within Council have provided progress reporting which has contributed to the preparation of the End of Term Report.

 

Summary

Under the Local Government Act, 1993 Council is required to prepare an End of Term Report which documents the progress made implementing the adopted Community Strategic Plan. This End of Term Report (Attachment A1) outlines Council’s key achievements and challenges experienced throughout the term of Councillors.

 

The report outlines how Council has progressed the objectives and goals of the community identified in the Community Strategic Plan and fulfils requirements under the Local Government Act, 1993, for the Integrated Planning & Reporting framework.

 

Recommendation:

 

That Council receive and note the End of Term Report for the period 2017-2021.

 

 

 

 

 

Helen Lowndes

Integrated Planning Coordinator

 

 

 

 

Michael Wearne

Manager Governance and Corporate Strategy

 

 

 

 

David Marshall

Director Corporate

 

 

 

Attachments:

A1

Ku-ring-gai Council End of Term Report 2017-2021

Excluded

2021/333850

  


 

Ordinary Meeting of Council - 16 November 2021

GB.2 / 1

 

 

Item GB.2

S09112/10

 

19 October 2021

 

 

2021 - 2022 Budget Review - 1st Quarter ended September 2021

 

EXECUTIVE SUMMARY

 

Purpose of report:

To inform Council of the results of the first quarter budget review of 2021/22 and proposed adjustments to the annual budget based on the actual financial performance and trend for the period 1 July 2021 to 30 September 2021.     

 

 

background:

Section 203(1) of the Local Government Regulation 2005 requires that at the end of each quarter, a Budget Review Statement be prepared and submitted to Council that provides the latest estimate of Income and Expenditure for the current (2021/22) financial year.

 

 

comments:

Budget adjustments proposed in this review will decrease the forecast operating surplus (excluding capital items) by $999k compared to revised budget, primarily due to the unfavourable financial impact from COVID-19 Pandemic and other adjustments in income and expense as detailed in the report.

The forecast working capital balance at 30 June 2022 is projected to achieve $4.7m, moderately lower than the Long Term Financial Plan target of $5.3m.

 

 

recommendation:

That Council receive and note the September 2021/22 Quarterly Budget Review and the recommended changes.

 

 

 


 

Purpose of Report

To inform Council of the results of the first quarter budget review of 2021/22 and proposed adjustments to the annual budget based on the actual financial performance and trend for the period 1 July 2021 to 30 September 2021.       

 

Background

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

 

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

 

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

 

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

 

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

 

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

 

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

 

At the Council meeting held on 15 June 2021, Council adopted the Revised Delivery Program 2018-2022 & Operational Plan 2021-2022, which incorporated the Annual Budget for 2021-2022.

 

Comments

This review analyses Council’s financial performance for the first quarter of 2021/22 and forecasts an end of financial year position by recommending budget adjustments to operating and capital budget.

Budget adjustments proposed in this review will decrease the forecast operating surplus (excluding capital items) by $999k compared to revised budget. This is primarily due to the financial impact of COVID-19 pandemic and other adjustments in income and expense as detailed in the report.

Financial impact of COVID-19 Pandemic

 

The net financial impact (loss of revenue less reduced cost associated with the pandemic) for the current financial year has been estimated at $1.2m. This has been funded from various sources as outlined in the table below.

 

 

For estimating the financial impacts, it has been assumed that the COVID-19 Pandemic will continue to affect Council and the community for a period of at least 6 months therefore this report reflects the impact and proposed funding for the current financial year and projects a forecast result to June 2022.

 

Staff will continue to monitor closely the financial performance of affected business units and report on the results and further impacts as part of the December review.   Details of income and expenditure categories impacted are discussed further in this report.

 

Proposed adjustments to forecast budget

The forecast operating surplus (excluding capital items) to June 2022 will decrease by $999k compared to revised budget; after adjusting for COVID-19 net unfavourable impact and other adjustments. All proposed budget adjustments have been fully funded from various sources as detailed in this report.

Operating Income

The proposed increase to the operating income of $337k is mainly from additional operating grants and contributions received ($1.595m), offset by decreased income of $1.258m as a result of COVID-19 restrictions, as detailed below:

·    Net decrease in “user fees” due to COVID-19 related business interruption such as:

Ku-ring-gai fitness and aquatic centre ($817k) partly offset by reduced expenditure,

Reduced sports field income ($155k),

Reduced art centre income ($187k), permits ($60k) and a range of other community facilities ($130k) offset by

Increased tennis fees ($300k) and golf course fees ($200k).

 

·    Net decrease in “user fees” ($303k) due to other proposed adjustments, mainly in:

Compliance levy – decrease as a result of legislation change ($200k),

Bus shelter fees and State Rail income –contract expiry ($167k) offset by increased building unit fees  ($64k).

 

·    Net decrease in “other revenue” ($281k) due to :   

COVID-19 related business restrictions ($410k) such as:

§ Decreased parking fines ($350k), rental income ($64k) and building fines and permits ($64k) offset by increased area rangers other fines ($54k).

Offset by a favourable increase in this category due to other adjustments ($128k):

§ Increased income for carbon credits ($80k),

§ Fuel tax credit ($48k.

 

·    Net increase in operating grants and contributions mainly from:

Transport NSW contribution to Lindfield Village Green ($1m),

Grosvenor-Gwydir fire trail complex upgrade contribution from RFS ($495k),

Catchment Flood studies grant from Department of Planning Industry and Environment ($158k),

Grants received for environmental education ($145k),

 

Operating expenditure

The change (net increase) to the operating expenditure ($1.3m) is mainly due to allocation of expenditure for operational projects funded from contributions/grants received, additional employee costs and other expenses partly offset by decreased materials and contracts as detailed below:

·    Net increase in employee costs ($134k): a one-off expenditure associated with the change of library operating model fully funded from savings within the Community department ($96k) and other minor one-off adjustments ($38k).

·    Decrease in materials and contracts due to:

COVID-19 related business restrictions ($571k) from: Ku-ring-gai fitness and aquatic centre expenses ($467k) offset by reduced income, art centre contractors ($84k) and community halls cleaning ($20k).

Offset by additional materials and contracts ($91k) due to other adjustments from change of library operating model fully funded from savings within the Community department and other minor adjustments.

·    Decrease in statutory levies ($497k) – due to emergency services levy being less than budget,

·    Decrease in other expenses due to:

COVID-19 related business restrictions ($50k)  – commission paid on infringements,

Offset by additional other expenses ($232k) due to other adjustments such as Information Management SaaS implementation (licence) ($205k) and insurance premiums($27k).

·    Increased operational projects expenditure mainly due to:

PPE and other COVID-related costs $15k,

Projects funded from grants mentioned under the income category ($798k),

Budget transfers from capital to operational projects ($1.27m) funded from environmental levy ($460k), unexpended grants ($548k) and general fund (261k); offset by

Operational projects deferred to 2022/23 ($85k) funded from general fund.

 

Capital Budget

 

Major adjustments to the capital budget are due to:

 

·    Capital grants and contributions received ($3.8m), mainly Road Safety Program ($1.66m), Turramurra Memorial Park Pavilion Upgrade ($868k) and Lindfield Village Green ($1m),

·    Recognition of unexpended grants tied to liability reserve ($2m), mainly Lindfield Village Green ($1.02m) and Norman Griffith Oval Upgrade ($763k),

·    Projects deferred to future financial years ($10.4m),

·    Project brought forward from future financial years ($4.2m),

·    Other transfers to/from operating projects, mainly projects funded from environmental levy ($460k), reinvestment of savings from energy projects funded from general fund ($231k) and Local roads and Infrastructure Grant ($275k).

 

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

 

The forecast working capital balance at 30 June 2022 is projected to achieve $4.7m, moderately lower than the Long Term Financial Plan target of $5.3m.

 

 

Quarterly Budget Review Statements (QBRS)

 

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

 

·    Income and Expenses Budget Review Statement (Table 1)

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

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

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

·    Income and Expenses Statement by Theme (Table 5)

·    Cash and Investments position (Table 6)

·    Contracts and Consultancy Expenses (Table 7)

·    Capital and Operational Projects Summary (Table 8)

·    Statement by the Responsible Accounting Officer

 

These statements are shown below.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Proposed Budget Adjustments

 

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

 

 

 

 

 

 

 

 

 

Attachment A2 summarises all proposed budget adjustments for Projects.

 

 

The table below splits the current budget by six themes identified within Council’s Revised Delivery Program 2018 – 2022. These themes are used as a platform for planning our activities to address the community’s stated needs and aspirations.

 

 

 

 

Cash and Investments position

 

Restricted funds are invested in accordance with Council’s Investment Policy. Total investments portfolio as per the September Investment Report is $203.6m.

 

 

 

A detailed Restricted Assets Report as at September 2021 (Actual) is shown in Attachment A1.

 

Contracts and Consultancy Expenses

 

 

 

 

Capital & Operational Projects Summary

 

Actual expenditure for capital and operational projects for the period ending 30 September 2021 is ($13.2m) against the full year revised budget of ($130m). The September review increases the forecast project budget by ($689k), mainly from new grants received ($4.5m), unexpended grants tied to liability ($2.2m) partly off-set by net adjustment to S7.11 funded projects ($3.3m) and internally restricted reserves ($2.9m) deferred or brought forward.

 

The table and chart below show the YTD actual project expenditure against 2021/22 full year revised budget and projected forecast.

 

 

 

The proposed budget changes to operational and capital projects represent an increase of $689k. The most significant variations and projects proposed for adjustment are listed below:

·    Allocation of expenditure budget due to capital grants and contributions received from the Federal and State government, mainly for:

Road Safety Program ($1.66m),

Turramurra Memorial Park Pavilion Upgrade ($868k),

Norman Griffith Oval (Including contributions from local sporting clubs) ($763k)

HPAA – Gordon ($382k)

Grosvenor – Gwydir Fire Trail Upgrade – Capital Works ($295k),

Other projects included in Traffic Facility Program ($336k) partly offset by

Re-classification of contribution for Norman Griffith Oval (Including contributions from local sporting clubs) to unexpended grants ($763k).

 

·    S7.11 funded projects brought forward ($3.1m):

St Ives Village Green New Recreation Precinct ($1m) and

St Johns Avenue Construction ($2.1m).

 

·    Project funded from unallocated S7.11 funds:

Land acquisitions ($534k) from 2000/03 and SEPP5 funds.

 

·    S7.11 funded projects deferred to future years (6.9m):

Robert Pymble Park Precinct ($3m),

Ibbotson Park Upgrade ($787k),

East Turramurra Neighbourhood Centre Upgrade ($606k),

Turramurra Village Park Refurbishment ($505k),

Gordon Recreation Ground Masterplan ($500k),

Lindfield Avenue Streetscape Improvement ($250k),

Turramurra Streetscape Improvements – Design ($229k)

St Ives Streetscape Improvements ($194k),

Pymble Streetscape Improvements ($202k),

Roseville Streetscape Improvements ($200k),

Redleaf Lane Rd Modification/Footpath Widening ($133k),

Bedes Forest upgrade ($100k),

Other minor budgets deferred ($198k).

 

 

·    Infrastructure and facilities funded projects brought forward:

Lindfield Soldiers Memorial Park Oval No 2 ($357k),

Wellington Road Sportsground upgrade ($200k).

 

·    Infrastructure and facilities funded projects deferred to future years ($2.7m):

Council Chambers upgrade ($2m),

Bannockburn Oval – Masterplan and Sports field upgrade ($721k) and

Queen Elizabeth Reserve upgrade ($43k).

 

·    Other transfers to/from operating projects, mainly projects funded from environmental levy ($460k), reinvestment of savings from energy projects funded from general fund ($231k).

 

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

Attachment A2 – Summary of Capital and Operational Project Budget Adjustments

 

 

Statement by Responsible Accounting Officer

 

It is my opinion that the Quarterly Budget Review Statement for Ku-ring-gai Council for the quarter ended 30 September 2021 indicates that Council’s projected financial position at 30 June 2022 will be satisfactory, having regard to the projected estimates of income and expenditure and the original budgeted income and expenditure.

 

Due to the changing environment related to COVID-19 Pandemic, financial impacts are uncertain and are likely to vary from the estimates provided and further impacts will be assessed and reported to Council as part of the end of financial year reporting.   

 

One of Council’s key performance indicators in the Long Term Financial Plan (LTFP) is to provide for a minimum available working capital balance of $5.3m.  The forecast working capital balance at 30 June 2022 projected to achieve $4.7m, moderately lower than the Long Term Financial Plan target.

 

integrated planning and reporting

Theme 6: Leadership and Governance

 

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

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

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

 

Governance Matters

 

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

 

Risk Management

 

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

 

 

 

Financial Considerations

 

The forecast working capital balance at 30 June 2022 is projected to achieve $4.7m, moderately lower than the Long Term Financial Plan target of $5.3m.

 

 

 

Social Considerations

Not applicable.

 

Environmental Considerations

Not applicable.

 

Community Consultation

Not applicable.

 

Internal Consultation

Finance met with directors and managers as part of the Quarterly Budget Review process to ensure departmental budget targets reflect current forecasts. 

 

Summary

Budget adjustments proposed in this review will decrease the forecast operating surplus (excluding capital items) by $999k compared to revised budget.  This is primarily due to the financial impact of the COVID-19 Pandemic, decrease in compliance levy and bus shelter fees.

The forecast working capital balance at 30 June 2021 is projected to achieve $4.7m, moderately lower than the Long Term Financial Plan target of $5.3m.

Staff will continue to monitor closely the financial performance of impacted units and report on the results as part of the December quarterly budget review.

 

Recommendation:

 

That Council receive and note the September 2021/22 Quarterly Budget Review and the recommended changes.

 

 

 

 

 

 

 

 

 

 

 

 

Mette Kofoed

Strategic Management Accounant

 

 

 

 

Angela Apostol

Manager Finance

 

 

 

 

David Marshall

Director Corporate

 

 

 

Attachments:

A1

Attachment A1 - Restricted Assets Report - September 2021

 

2021/330404

 

A2

Attachment A2 - Summary of Capital and Operational Projects Budget Adjustments - September 2021

 

2021/330438

  


APPENDIX No: 1 - Attachment A1 - Restricted Assets Report - September 2021

 

Item No: GB.2

 

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APPENDIX No: 2 - Attachment A2 - Summary of Capital and Operational Projects Budget Adjustments - September 2021

 

Item No: GB.2

 

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Ordinary Meeting of Council - 16 November 2021

GB.3 / 1

 

 

Item GB.3

FY00623/4

 

21 October 2021

 

 

Analysis of Land and Environment Court Costs - 1st Quarter 2021 to 2022

 

EXECUTIVE SUMMARY

 

purpose of report:

To report legal costs in relation to development control matters in the Land and Environment Court for the quarter ended 30 September 2021.  

 

 

background:

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

 

 

comments:

For the three months ended 30 September 2021, Council’s legal and associated payments in relation to the Land and Environment Court were $402,328. This compares with the annual budget of $1,315,300.

 

 

recommendation:

That the analysis of Land and Environment Court costs for the quarter ended 30 September 2021 be received and noted.

 

 

 


 

Purpose of Report

To report legal costs in relation to development control matters in the Land and Environment Court for the quarter ended 30 September 2021.   

 

Background

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

 

Comments

 

Appeals Lodged

In quarter ended 30 September 2021 there were 4 new appeals lodged with the Land and Environment Court.  The number of appeals received in prior years is as follows:

 

 

Financial year

Number of appeals received (whole year)

2017/2018

45

2018/2019

44

2019/2020

25

2020/2021

13

2021/2022 (as at 30 September 2021)

4

 

 

                  

 

 

The appeals commenced during the quarter to 30 September 2021 concerned the following subject matters:

 

·    Shop-top housing

·    Seniors living

·    Additions and alterations to an existing dwelling

·    Modification of existing development consent for dwelling

 

 

costs

For the quarter ended 30 September 2021, Council made payments of $402,328 on appeals and associated expenses in relation to Land & Environment Court matters. This compares with the annual budget of $1,315,300.

 

In addition to expenditure on appeals, a further amount of $ 24,471 was spent in obtaining expert advice regarding development assessment matters.

 

Land & Environment Court Costs

2017/2018 - 2021/2022

Financial Year

Total Costs

1st quarter September

2nd quarter December

3rd quarter March

4th quarter June

2017/2018*

(45 appeals lodged)

$1,267,706

$221,520

        $461,976

$201,332

$382,878

2018/2019*

(41 appeals lodged)

$1,648,229

$372,972

$491,788

$336,336

$447,133

2019/2020*

(25 appeals lodged)

$1,892,040

$417,046

$446,071

$543,218

$485,705

2020/2021*

( 13 appeals lodged)

$1,512,459

$356,735

$501,925

$278,510

$375,289

2021/2022

(4 appeals lodged)

$402,328

$402,328

 

 

 

 

          * Costs reported to Council in previous reports

 

The costs incurred in the period to 30 September 2021 represent 30% of the annual budget of $1,315,300.

 

As noted above, the number of appeals lodged up until current calendar year has been high.  The commencement of appeals does not lie within the control of Council, however there a number of factors that appear to have influenced the volume of appeals:

 

·    Amendments to the Environmental Planning and Assessment Act made in 2013 reduced the timeframe for lodgement of an appeal from twelve months to six months.  This had the effect of applicants for more substantial and complex development proposals lodging appeals for no other reason than as a mechanism to preserve early appeal rights. The number of development applications received by Council in recent periods has itself been high. The recent amendments to the Environmental Planning and Assessment Act  which took effect in August 2020, reinstated the appeal timeframe to 12 months.

 

·    In addition, the prospect of changing economic market conditions in recent periods appears to have led to urgency on the part of developers, with a particularly high number and proportion of appeals commenced at an early stage on the basis of deemed refusal.  As a result, Court listings are currently heavily booked and long delays for several months for the holding of both mediation conferences and hearings are occurring. Most recently, this situation has been exacerbated as a result of disruption caused by measures associated with COVID-19.

 

·    Due to the abovementioned delays in the listing of Court-convened mediation conferences, the Court has required parties to participate in without-prejudice meetings in the meantime.  These meetings have tended to result in additional iterations of amended plans being provided by applicants during the appeal process and therefore, additional costs.

 

Current delays in the Court have resulted in limited progress of many of the current appeals.  Notwithstanding these factors, Council’s overall success rate in appeals has been high.

 

In relation to costs recovered, the amount of $49,763 had been recovered as at the end of the quarter to 30 September 2021 compared to an annual budget for costs recovered of $105,100.

 

Outcomes

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

 

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

 

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

 

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

 

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

 

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

 

Seven matters were concluded during the quarter.  A  wholly or partly favourable outcome was achieved in all matters:

·    Two matters were dismissed by the Court;

·    One matter was resolved by agreement in accordance with an amended proposal;

·    Four matters were upheld in accordance with an amended proposal.

integrated planning and reporting

Leadership & Governance

 

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

L2.1 Council rigorously manages its financial

resources and assets to maximise delivery of

services.

Achieve financial sustainability targets

identified in the Long Term Financial

Plan.

Undertake quarterly reporting to Council on the financial performance of the

organisation.

 

Governance Matters

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

 

Risk Management

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

 

Financial Considerations

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

 

Social Considerations

None undertaken or required.

 

Environmental Considerations

None undertaken or required.

 

Community Consultation

None undertaken or required.

 

Internal Consultation

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

 

Summary

For the quarter ended 30 September 2021, Council made payments of $402,328 on Land & Environment Court appeals. This compares with the annual budget of $1,315,300.

 

Recommendation:

 

That the analysis of Land and Environment Court costs for the year ended 30 September 2021 be received and noted.

 

 

 

 

 

 

Tony Ly

Financial Accounting Officer

 

 

 

 

Jamie Taylor

Corporate Lawyer

 

 

 

 

Michael Miocic

Director Development & Regulation

 

 

 

 

David Marshall

Director Corporate

 

 

Attachments:

A1

Individual Case Summary September 2021 - Land and Environment Court Costs

 

2021/333670

  


APPENDIX No: 1 - Individual Case Summary September 2021 - Land and Environment Court Costs

 

Item No: GB.3

 

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Ordinary Meeting of Council - 16 November 2021

GB.4 / 1

 

 

Item GB.4

FY00623/4

 

28 October 2021

 

 

Investment Report as at 31 October 2021

 

EXECUTIVE SUMMARY

 

PURPOSE OF REPORT:

To present Council’s investment portfolio performance for October 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 end of October 2021 was $961,000, against an annual budget of $764,000 giving a year-to-date favourable variance of $197,000.

 

 

recommendation:

That the summary of investments performance for October 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 October 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 Budget

The net return on investments for the financial year to the end of October 2021 was $961,000 against an annual budget of $764,000 giving a year-to-date favourable variance of $197,000 as shown in the table below.

 

   

 

 

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

 

                             

 

Cash Flow and Investment Movements

 

Council’s total cash and investment portfolio at the end of October 2021 was $198,975,000 compared to $203,568,000 at the end of October2021, a net cash outflow of $4,593,000 mainly due to creditor payments.

 

Two investments matured during the month of October 2021. One new investment was made.  

 

               

 

Investment Performance against Industry Benchmark

 

Overall during the month of September 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.

 

Table 2 - Investments Portfolio Summary during October 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 Values as at 31 October 2021 were not available at the time of writing the report

 

Investment by Credit rating and Maturity Profile

 

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

 

    

                                

                                

 

   

integrated planning and reporting

Leadership & Governance

 

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

Council maintains and improves its long term financial position and performance

Continue to analyse opportunities to expand the revenue base of Council

 

Governance Matters

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

 

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

 

(1)     The responsible accounting officer of a council:

 

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

 

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

 

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

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

 

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

 

Risk Management

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

 

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

 

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

 

Financial Considerations

The budget for interest on investments for the financial year 2021/2022 is $2,292,000. Of this amount approximately $1,539,300 is restricted for the benefit of future expenditure relating to development contributions, $273,900 transferred to the internally restricted Infrastructure & Facility Reserve, and the remainder of $478,800 is available for operations.

 

Social Considerations

Not applicable.

 

Environmental Considerations

Not applicable.

 

Community Consultation

None undertaken or required.

 

Internal Consultation

None undertaken or required.

 

Certification - Responsible Accounting Officer

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

 

Summary

As at 31 October 2021:

 

·    Council’s total cash and investment portfolio is $198,975,000.

 

·    The net return on investments for the financial year to October 2021 was $961,000 against an annual budget of $764,000, giving a YTD favourable variance of $197,000.

 

 

Recommendation:

 

That the:

 

A.  Summary of investments and performance for October 2021 be received and noted.

 

B.  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 November 2021

GB.5 / 1

 

 

Item GB.5

CY00578/4-4

 

 

Response to OLG Guidelines - Risk Management and Internal Audit

 

EXECUTIVE SUMMARY

 

purpose of report:

The Office of Local Government (OLG) has updated the 2019 guidelines on the Internal Audit and Risk Management Framework to support and inform the operations of Audit, Risk & improvement Committees (ARIC).

This report outlines the key changes that are proposed and how they will impact Ku-ring-gai Council and the internal audit shared service. Further, it provides the basis for providing a submission on behalf of Council.

The OLG is inviting submissions on the proposed guidelines by 26 November 2021.

 

 

background:

Sections 428A and 428B of the Local Government Act 1993 (the Act) have commenced. Under section 428A, all councils (including county councils) and joint organisations are required to have an Audit Risk and Improvement Committee (ARIC). Under the transitional provisions of the Act, all councils (including county councils) and joint organisations must have either appointed an ARIC or entered into an arrangement with another council or joint organisation to share an ARIC before 4 June 2022.

 

 

comments:

Under the statutory framework there are three core requirements that have been assessed against the current position of the ARIC, risk management and internal audit function.  Some of these requirements are new or partially comply.  They will require further review to ensure full compliance by 2022 and 2024 respectively.

 

 

recommendation:

That Council consider the proposed Guideline and endorse the issues identified in this report for Council’s submission to the OLG by 26 November 2021.

 

 


 

Purpose of Report

The Office of Local Government (OLG) has updated the 2019 guidelines on the Internal Audit and Risk Management Framework to support and inform the operations of Audit, Risk & improvement Committees (ARIC).

This report outlines the key changes that are proposed and how they will impact Ku-ring-gai Council and the internal audit shared service. Further, it provides the basis for providing a submission on behalf of Council.

The OLG is inviting submissions on the proposed guidelines by 26 November 2021.

 

Background

Sections 428A and 428B of the Local Government Act 1993 (the Act) have commenced. Under section 428A, all councils (including county councils) and joint organisations are required to have an audit risk and improvement committee (ARIC).

 

In August 2021, the OLG released a ‘Summary of changes to the proposed new risk management and internal audit framework in response to submissions’, from the new Risk Management and Internal Audit Framework for Local Councils discussion paper issued in September 2019.  The full guidelines (A1) and summary of changes (A2) are attached. 

 

The new framework proposes the following timelines:

·    All councils must appoint an ARIC from 4 June 2022.

·    All councils have until 2024 to establish their risk management framework and internal audit function – attestation commences 2024.

·    Councils have until 2027 to ensure ARIC membership complies with the Guidelines, allowing councils to transition into the new membership requirements as and when membership of existing ARICs expires – attestation commences 2027.

 

Under the transitional provisions of the Act, all councils (including county councils) and joint organisations must have either appointed an ARIC or entered into an arrangement with another council or joint organisation to share an ARIC before 4 June 2022 to independently review and advise on the following aspects of the council’s operations:

(a) Compliance

(b) Risk management

(c) Fraud control

(d) Financial management

(e) Governance

(f) Implementation of the strategic plan, delivery program and strategies

(g) Service reviews

(h) Collection of performance measurement data by the council, and

(i) Any other matters prescribed by the regulation.

 

Comments

At present, Council’s internal audit and risk framework is generally operating within the intent of the nine (9) aspects of council’s operation as per Section 428A and 428B of the Act requirements.

 

Council currently operates within the intent of this framework and has identified the actions required to achieve compliance with the proposed guidelines within the timeline. 

 

Statutory Framework Requirements

 

The analysis identified seven (7) statutory framework requirements.  The attached gap analysis (A3) undertaken by Council’s Internal Auditor provides a summary of the current position and proposed actions required to comply against the three core requirements:

 

·    Core Requirement 1 to establish an ARIC consistent with the guidelines.  Of the forty-one (41) requirements the current Committee:

Complies with twenty (20)

Partially complies with seven (7)

Fourteen (14) new requirements will need to be addressed

 

·    Core requirement 2 requires the implementation of a risk management framework.  Of the eight (8) requirements:

The current draft  risk management framework will comply with six (6)

Partially complies with one (1)

One (1) new requirement with respect to attestation will need to be addressed

 

·    Core requirement 3 requires the implementation of an internal audit function consistent with the guidelines.  These core requirements have been assessed inclusive of the shared service arrangements.  Of the twenty (20) requirements:

Eleven (11) are currently complied with

Seven (7) are partially complied with

Two (2) requirements are new

 

The remaining four requirements are new and include:

 

1.   Annual Attestation from the General Manager (or Council) that the guidelines have been implemented in the preceding financial year.

2.   Exemption from compliance with guidelines. The Secretary of DPIE may grant an exemption where there are extenuating circumstances, or where proposed alternatives achieve the same outcome.

3.   Councils that are non-compliant with statutory requirements, without an exemption, may face enforcement action under the Act.

4.   The NSW Auditor General may audit Council compliance with the core requirements in the Act, Regulations and Guidelines.

 

Summary of changes and impact on Ku-ring-gai Council

 

Ku-ring-gai has already implemented many of the reforms sought by the Guideline and has a high quality ARIC, Internal Audit function and a developing risk management framework. Nevertheless, the Guidelines will increase the compliance burden on Council and local government as a whole. 

 

•     The NSW Auditor General may audit Council compliance with the core requirements in the Act, Regulations and Guidelines, increasing costs and adding another level of compliance.

•     Attestation and oversight by the ARIC Chair and GM will increase workloads.

•     Responsibilities of the Chair in developing plans etc. can be potentially onerous.  Compounded with the requirement for Independent Members to be ‘pre-qualified’ this could potentially limit the availability of candidates and potentially increase remuneration costs.

·    Having only one councillor on the ARIC, and in a non-voting capacity is considered insufficient in order to be inclusive and allow engagement with councillors.  There should be up to two voting councillors on the ARIC, while maintaining a majority of three independents.

·    From an internal audit perspective having a fixed four year plan has the potential to lack relevance and agility in line with Council’s risk appetite.  Such an approach is not in line with better practices prescribed in the internal audit standards.  It must be revised at least annually in line with a formal re-assessment of Council risks.

 

integrated planning and reporting

Good Governance and Management

 

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

 

 

L3.1.1: Integrated risk management, compliance and internal control systems are in place to identify, assess, monitor and manage risks throughout the organisation.

 

 

L3.1.1.1. Manage and Coordinate a compliant and effective Enterprise Risk management System.

 

L3.1.1.2: Manage, coordinate, support and facilitate the effective operation of Council’s Internal Audit function.

 

L3.1.1.5: Coordinate the efficient and effective delivery of the North Shore Council’s Internal Audit Service.

 

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

L3.1.2 Council’s Governance Framework is developed to ensure probity and frequency

 

L3.1.2.4: Ensure Council fulfils its obligations under the Local Government Act and Regulations, including compliance with legislative changes and relevant guidelines and circulars.

 

Governance Matters

·    The requirements under core requirement 1 will require greater oversight aby the ARIC.

·    ARIC and internal audit charters will require review to ensure they comply with the model charters prescribed in the guidelines.

 

Risk Management

The draft enterprise risk framework largely complies with the guidelines and follows risk management standard ISO31000-2018.

 

Financial Considerations

The following costs require consideration in the 2022/23 budget:

 

·    There will be increased costs to resource an additional independent member.  The Committee currently has one Chair and one independent member.  Being a Tier 3 council, at least one additional independent member will be required so that there are at a minimum, three or more members. 

·    Increased staff costs to adequately resource the internal audit and risk management function may be required.

·    External assessment costs for both the ARIC and the internal audit function.

 

Social Considerations

Nil

 

Environmental Considerations

Nil

 

Community Consultation

Nil

 

Internal Consultation

There has been consultation with the ARIC and relevant areas of Council’s Corporate Department. 

 

In addition, there has been consultation with the ARICs and senior management from the five member councils of the shared service.  Each Council will be deciding whether to make their own submission.  There will be no submission provided by the shared service.

 

Summary

At present, the internal audit and risk framework is generally operating within the intent of council’s operation as per Section 428A and the shares service arrangement as per section 428B of the Act requirements.

 

Based on a gap analysis undertaken, Council can achieve the operation of the ARIC, risk management and internal audit framework guidelines within the proposed timeframe.

 

Recommendation:

 

That Council consider the proposed Guideline and endorse the issues identified in this report for Council’s submission to the OLG by 26 November 2021.

 

 

 

 

 

 

 

 

 

 

 

 

Susan Leahy

Head of Internal Audit

 

 

 

Attachments:

A1

Summary Guide – changes made to the proposed new framework in response to submissions

 

2021/283699

 

A2

Risk Management and Internal Audit for local councils in NSW- Full Guidelines

 

2021/283697

 

A3

OLG Guidelines Gap Analysis

 

2021/334090

 

 


APPENDIX No: 1 - Summary Guide – changes made to the proposed new framework in response to submissions

 

Item No: GB.5

 

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APPENDIX No: 2 - Risk Management and Internal Audit for local councils in NSW- Full Guidelines

 

Item No: GB.5

 

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APPENDIX No: 3 - OLG Guidelines Gap Analysis

 

Item No: GB.5

 

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Ordinary Meeting of Council - 16 November 2021

GB.6 / 1

 

 

Item GB.6

S12712-3

 

 

St Ives Indoor Sports Centre – Project Update

 

EXECUTIVE SUMMARY

 

purpose of report:

To update Council on the St Ives Indoor Sports Centre project.

 

 

background:

At the OMC 15 June 2021 Council received a project update and resolved to use the DA consultant design team to document the project to Tender readiness.

 

 

comments:

This report seeks to update Council on status of the project.

 

 

recommendation:

That Council receive and note updates contained within this report and that Council endorse a request for variation to the Milestone payment dates for the grant from the NSW Office of Sport.

 

 


 

Purpose of Report

To update Council on the St Ives Indoor Sports Centre project.

 

Background

At the OMC 15 June 2021 Council resolved:

 

A.   Council receive and note updates contained within this report.

 

B.   Council notes its decision of 26 February 2019, viz.:

 

“That Council, in accordance with 55(3)(i) of the Local Government Act 1993 determines that the use of consultants who have documented two courts for the Department of Education constitutes extenuating circumstances that should result in cost benefits for Council in designing and documenting a further two court at the same site and to the same design standards and specifications”,

 

continues to be relied upon in the documentation of this project for construction.

 

 

The Heads of Agreement was executed by both parties in March 2021.

 

The DA was lodged at the end of June 2021 and remains under assessment at the time of this report.

 

Negotiations on the terms of the Funding Deed and Licence are on-going.

 

Comments

The Project has entered Gateway 4 (Development Application – Consideration & Approval) of the Major Projects Gateway governance process. The DA was lodged 29 June (lodgement fees paid early July). The Department of Education (DoE) lodged the DA and by doing so it became a Crown DA. Requests for more information from Council’s DA assessment team have been received and are currently been worked on/answered by the consultant design team.

 

The draft Deed & Licence were received from DoE on 2 September 2021. At the Major Project Steering Committee (MPSC) of 29 September 2021, the committee noted that there are significant outstanding issues with the Deed and Licence, including not insignificant departures from the Heads of Agreement (HOA). A review of the Deed & Licence by Minter Ellison (ME) is included as Confidential Attachment A1 to this report as well as a “risk assessment’ by ME Confidential Attachment A2.

 

Some points of note in the risk table include:

 

·    The HOA provides that the Department will obtain the prior approval of Council (acting reasonably) to the terms (including the price) of the design and construction contract with the contractor and all contracts with other contractors and consultants. At this time, the Project Deed does not provide that the Department will obtain the prior approval of Council to the terms of the consultancy contracts.

·    The HOA provides that the Council may withdraw from the Project if the tender results in a total cost for the delivery of the Council Facilities (excluding external project management fees) that are not within the Council's project budget including contingency. The right to withdraw is not currently included within the Project Deed.

·    The Licence defines the Operational Expenses to be the demonstrated costs incurred by Council in operating the booking system. This is not consistent with the HOA which defines Operational Expenses more broadly to include Council's contributions to the Facility Costs and the internal management costs, costs of finance and depreciation/amortisations costs. It should be noted that Council shares half of the Revenue to the extent that Revenue exceeds the Operational Expenses, so factoring in internal management costs and so on may be important.

 

Negotiations between Council and DoE on the Terms of the Deed & Licence are on-going at this time. At the time of writing this report the matter sits with the DoE.

 

With negotiations being slow, the programme is now under pressure as DoE are not able to progress with tendering the project until the Deed is executed. Additionally, external PM services cannot be procured by SINSW until the Deed is agreed. This is because DoE does not have funds for implementing and shared use agreements without other parties funding DoE internal costs for shared use arrangements. Therefore, the MPSC proposed that Council procure external PM services to facilitate approval of Detailed Design and Tender Documents by DoE only i.e., not including construction phase services.

 

The project is currently behind schedule according to the sports grant milestones agreed in 25 February 2019. An email was received 14 October from the Office of Sport prompting Council to submit amended milestone dates for consideration and approval for payment of the $3.5m grant offered for this project.  A request for variation to adjust the Milestone dates is attached to this report for Council endorsement (see Attachment A3).

 

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: A community that embraces healthier lifestyle choices and practices.

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

Healthy and active lifestyle programs and activities are delivered in collaboration with agencies and partners.

 

 

Theme 3 Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

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

Negotiate a Heads of Agreement with the Department of Education for the construction and joint usage of an indoor sports facility at St Ives High School.

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

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 sporting, leisure and recreational facilities through partnerships, grant funding and other external funding opportunities.

 

Governance Matters

On 4 March 2020 Council received a letter of support from the Greater Sydney Commission (GSC) following the Local Strategic Planning Statement (LSPS) assurance process. The letter of support included a program of work as advisory notes, being key considerations to implement the LSPS. Item 2 in the advisory notes provides:

 

Shared use agreements

 

Planning Priority N3, Action 10 seeks to optimise the use of available public land for social infrastructure.

Work with Department of Education on the potential delivery of a new indoor sports facility for St Ives High School.

 

Continuing to work with DoE on this project is consistent with Council’s obligations to implement its LSPS.

 

Monthly project reports to MPSC are prepared in line with the approved Major Projects Governance Structure.

 

Risk Management

The following risks have been identified for the project:

 

·    if tender costs for construction come in higher than expected and/or sufficient budget is not allocated for the project, Council may not be able to deliver the project;

·    the DoE will be managing the project and hence Council’s ability to control costs will be limited;

·    once the project proceeds further and more costs are sunk, it may be difficult to withdraw from the project no matter how much costs increase;

·    the HoA is not binding, there is a risk the terms may change again through commercial negotiations i.e. if Council and DoE cannot agree to terms and conditions of a Funding Deed & Licence the project is unviable for Council;

·    risk to Council’s broader financial position if asset sales are not achieved to fund the project as currently reflected in Council’s Long Term Financial Plan and Operational Program and Delivery Plan;

·    with Council’s application for the Greater Sydney Sports Facility Fund being successful for $3.5 million towards the project, there is reputational risk if Council do not proceed with the project; and

·    Office of Sport may reject the request for variation to Milestone dates and withdraw the $3.5m funding grant. 

 

Financial Considerations

On 28 April 2020 Council resolved to part fund the project through a short-term bank loan due to delays in asset sales. A TCorp loan application was approved 1 December 2020 and a LCLI (Low cost loans initiative) was approved March 2021.

 

Due to Council bearing all project costs including risk of cost overruns (which it cannot necessarily control) up to the project budget, it was recommended to Council that an additional 5% contingency on top of the estimated budget be added now so that a larger amount is applied for in a loan. This now makes the total estimated project budget to be $19.6m.

 

Social Considerations

A long term objective of Council’s Community Strategic Plan is to ensure that recreation, sporting, and leisure facilities are available to meet the community’s diverse and changing needs.

 

As the age profile of the community changes, different preferences for recreation and leisure are emerging. Through its own programs Council will maintain its emphasis on access to a range of fulfilling recreation and leisure opportunities including multi-use spaces, facilities and infrastructure. This will include the acquisition of land for new parks under the Ku-ring-gai Open Space Acquisition Strategy.  Council will continue to work closely with sporting organisations and clubs, user groups and residents to upgrade and build sustainable sports grounds, netball, tennis and multi-sport courts, clubhouse facilities and other recreational facilities and amenities to provide for the needs of the population into the future. Many of these works require extended planning and are subject to available funding. Council will also continue to identify opportunities for multi-use recreational facilities, including optimising the community’s use of Council’s existing facilities.

 

The inclusion of community use of the facilities at St Ives High School will provide increased social and cultural venues for the community and enable better utilisation of facilities.

 

Environmental Considerations

Environmental considerations have been taken into account in project design and documentation of the DA.

 

Community Consultation

DoE have undertaken some preliminary consultation with the broader community as is part of their due process with any DA.

 

Statutory notification has also been carried out as part of the DA process.

 

Further consultation with sporting bodies and the intended future users will be done while the DA is under assessment.

 

Internal Consultation

This project has been reported through Council’s Major Projects Steering Committee and the Major Projects Advisory Committee on a number of occasions.

 

Summary

The draft Deed & Licence were received from DoE on 2 September 2021. At the Major Project Steering Committee (MPSC) of 29 September 2021, the committee noted that there are significant outstanding issues with the Deed and Licence, including not insignificant departures from the Heads of Agreement (HOA). A review of the Deed & Licence by Minter Ellison (ME) is included as Confidential Attachment A1 to this report as well as a “risk assessment” by ME Confidential Attachment A2.

 

Negotiations between Council and DoE on the Terms of the Deed & Licence are on-going at this time. At the time of writing this report, the matter sits with the DoE.

 

The project is currently behind schedule according to the sports grant milestones agreed in February 2019. An email was received 14 October from the Office of Sport prompting Council to submit amended milestone dates for consideration and approval for payment of the $3.5m grant offered for this project.  A request for variation to adjust the Milestone dates is attached to this report for Council endorsement.

 

Recommendation:

 

That Council:

 

A.   Receive and note project updates contained within this report.

 

B.   Endorse the request for variation to adjust the Sports Grant milestone dates as attached to this report.

 

 

 

 

 

Dean Payne

Project Leader – Strategy & Environment

 

 

 

 

Andrew Watson

Director Strategy & Environment

 

 

 

Attachments:

A1

Funding Deed with ME mark-ups

 

Confidential

 

A2

Risk Table from ME

 

Confidential

 

A3

Variation Request form for Office of Sport

 

2021/327769

 

 


APPENDIX No: 3 - Variation Request form for Office of Sport

 

Item No: GB.6

 

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Ordinary Meeting of Council - 16 November 2021

GB.7 / 1

 

 

Item GB.7

S13316

 

 

Planning Proposal to rezone and heritage list Killara Bowling and Lawn Tennis Club

 

EXECUTIVE SUMMARY

 

purpose of report:

To present the Planning Proposal for the heritage listing and rezoning of Killara Bowling and Lawn Tennis Club for consideration.

 

 

background:

In June 2021 Council considered a heritage assessment of the Killara Bowling and Lawn Tennis Club and resolved for staff to prepare a Planning Proposal. 

The Planning Proposal was presented to the KLPP for advice in August 2021 and the matter was deferred. The matter was reconsidered in October 2021. In addition to the advice sought in August, the Panel was asked to provide advice as to whether Council should pursue rezoning the site to Private Recreation in addition to the heritage listing. The panel unanimously resolved to support the Planning Proposal to heritage list the site and for the Planning Proposal to be submitted to the DPIE for a Gateway Determination.  The panel advised that they did not have sufficient information to provide advice in regard rezoning the site.

 

 

comments:

A heritage assessment has concluded that the site reaches the threshold for a local heritage listing against the NSW Heritage criteria.

Pursuing the rezoning of the site to Private Recreation in tandem with the heritage listing is considered to be the best means to meet the objectives of the Planning Proposal to recognise the heritage and recreational value of the site, and to ensure that the zoning objectives accurately reflect the past and present use of the site.

 

 

recommendation:

That the Planning Proposal to rezone the Killara Bowling and Lawn Tennis Club and list the site as a local heritage item be adopted and submitted for Gateway Determination under section 3.34 of the EPA Act 1979.

 


 

Purpose of Report

To present the Planning Proposal for the heritage listing and rezoning of Killara Bowling and Lawn Tennis Club for consideration.

 

Background

The Killara Bowling and Lawn Tennis Clubs are associated with a number of parcels of land (Lot 3 DP 817195 and Lot 2 DP 817195 and Lot 11 DP 1083606 and Lot B DP 380305 and Lot 11 DP 1083606), which are located adjacent to each other within the Springdale Heritage Conservation Area (‘HCA’). The site is currently zoned R2 Low Density Residential. A heritage assessment has concluded that the site reaches the threshold for a local heritage listing against the New South Wales (‘NSW’) Heritage criteria. The assessment is included as Attachment A2.

 

On 28 February 2021, Council received correspondence from a local community member,  requesting that an ‘…Urgent Interim Heritage Order to apply to both the Killara Bowling Club Limited and Killara Lawn Tennis Club Limited properties - with frontages to Arnold Street, Locksley Street and Werona Avenue, Killara.’ 

 

Council officers advised the community member that Council does not have the delegation to make an Interim Heritage Order (‘IHO’) as the site is located within the Springdale HCA. It was suggested that he approach NSW Heritage with the IHO request and seek their feedback and action on the matter. 

 

On 2 March 2021, NSW Heritage (OEH) requested information from Council in relation to the heritage significance of the Killara Bowling and Killara Tennis Clubs in response to the community member’s request. Following a telephone conversation with NSW Heritage, Council provided general information about the planning and heritage affectations relating to the site to NSW Heritage, including the current zoning, permissible uses and heritage inventory information for a number of items within the vicinity.

 

On 15 March 2021, Council received correspondence from NSW Heritage to the community member which outlined that they were not proceeding with making an IHO in this instance, as they did not deem the site to reach the threshold for state significance nor did they consider it to be under any imminent threat (Attachment A3). NSW Heritage further noted that they would ‘encourage Council to consider reviewing Killara Bowling Club and Killara Lawn Tennis Club as part of its review of items within the Springdale Road Heritage Conservation Area and engage with [the community member] and the community in assessing the sites local heritage.’

 

Following the feedback from NSW Heritage, Council officers began preliminary investigations into the heritage significance of the site. Despite their location within the Springdale HCA, the significance of this HCA has been previously associated with significant architectural styles and residential allotments. Therefore, the Springdale HCA could not necessarily offer any protection of the Bowling and Lawn Tennis Club that may be required from a heritage perspective.

 

At the 20 April 2021 Ku-ring-gai Council Public Forum, Mr E.C Miller addressed Council regarding the potential listing of the Killara Bowling and Lawn Tennis Club. Former president of the Killara Lawn Tennis Club, Mr. R Heinrich, spoke on behalf of Mr. T Veale the current president, in support of the listing of the Club.

 

At the 11 May 2021 Public Forum, community member Mr. E.C Miller and the former President of Killara Lawn Tennis Club, Mr. R Heinrich, addressed the Council again in support of the heritage listing of the Killara Bowling and Lawn Tennis Club. Mr. R Heinrich indicated that there was support from the Killara Lawn Tennis Club board members as well as a petition signed by over 180 people in support of the heritage listing.

 

At the 18 May 2021 Ordinary Meeting of Council resolved:

 

That:

 

A.      That as a matter of urgency staff carry out a preliminary review of the heritage significance of the Killara Bowling Club and Killara Lawn Tennis Club.

 

B.      That a report be brought back to Council’s June meeting outlining the results of the preliminary review of heritage significance with a view to initiating a Planning Proposal to list the properties as heritage items in Council’s Local Environmental Plan if appropriate.’

 

Council officers prepared a preliminary heritage assessment of the Killara Bowling and Lawn Tennis Clubs and discussed this with the Ku-ring-gai Heritage Reference Committee (‘HRC’) on Thursday, 19 May 2021. The HRC agreed with the findings of the heritage assessment and suggested that, with minor refinement, this would be sufficient to support the Planning Proposal to Gateway Determination for the heritage listing of the site. HRC outlined that this would expedite the process and save resources that would otherwise be expended on an external heritage consultant. The HRC minutes from the May meeting are included as Attachment A4.

 

At the 15 June 2021 Ordinary Meeting of Council it was resolved that:

 

A.   Council prepares a planning proposal to amend KLEP 2015 to include the Killara Bowling and Lawn Tennis Club sites (Lot 3 DP 817195 and Lot 2 DP 817195 and Lot 11 DP 1083606 and Lot B DP 380305 and Lot 11 DP 1083606) as a proposed heritage item in Schedule 5 and on the Heritage Map.

 

B.   If in the meantime there is any threat of imminent harm to either of the Killara Bowling and Lawn Tennis Club sites (Lot 3 DP 817195 and Lot 2 DP 817195 and Lot 11 DP 1083606 and Lot B DP 380305 and Lot 11 DP 1083606), Council request that NSW Heritage make an IHO on both properties to enable the sites to have protection from that harm until a Planning Proposal can be progressed to Gateway Determination.’

 

The Planning Proposal to heritage list the site as a local heritage item on Schedule 5 and on the Heritage Map of the KLEP 2015 is included as Attachment A1.

 

The Council Report and Resolution from the 15 June 2021 OMC is included as Attachment A5.

 

At the June Public Forum, Mr E.C. Miller addressed the Council for the third time in support of the heritage assessment and the heritage listing of the Killara Bowling and Lawn Tennis Club. Mr E.C. Miller referred to a letter of heritage advice prepared by GML Heritage Pty Ltd at his request. The advice states that ‘appropriate recognition and protection of the heritage values of the Killara Lawn Tennis Club and Killara Bowling Club site, are of vital important in maintaining the valued community and heritage character of the suburb, and the HCA in particular. In this context, the proposed heritage listing of the site as an individual heritage item in KLEP 2015 is strongly supported’.  The heritage advice prepared by GML Heritage Pty Ltd is included as Attachment A6.

 

Former President of the Killara Lawn Tennis Club, Mr R. Heinrich addressed Council for the third time in support of the heritage listing. Mr R. Heinrich referred to letters of support received from the Honourable Jonathan O’Dea MP and the Honourable Paul Fletcher MP. The letters of support are included as Attachment A7.

 

Mr B. Shirvington, Chairman of the Board of Directors of Killara Bowling Club and Ms M. Middleton also addressed the Council in support of the heritage listing of the Killara Bowling and Lawn Tennis Club.

 

The Planning Proposal was presented to the KLPP on 16 August 2021 and the matter was deferred.

The Panel advised:

 

A.   The matter be deferred to enable Council to provide a clearer statement of the objectives of the Planning Proposal with more specific detail of the heritage significance of the site. That further information be provided on whether the Planning Proposal is the best means of achieving these objectives.

 

The KLPP Advice is included as Attachment A8.

 

The Panel deferred the matter to enable Council to provide further information on whether heritage listing the site was the best means to meet the objectives of the Planning Proposal. Alternatives discussed in the meeting included rezoning the site to RE2 Private Recreation or preparing a site specific DCP for the site. The Panel raised concerns regarding the future development of the site.

 

The Planning Proposal was reconsidered by the KLPP on 18 October 2021. Further information was provided regarding whether the heritage listing of the site was the best means to meet the objectives of the Planning Proposal and the Panel was asked to provide advice to Council as to whether the Planning Proposal should be amended to pursue rezoning the site to RE2 Private Recreation in tandem with the heritage listing.

 

Several alternative options were assessed as part of the report, including rezoning the site from R2 Low Density Residential to RE2 Private Recreation. Rezoning the site to RE2 Private Recreation would not protect the heritage values of the site in isolation. However, rezoning the site in tandem with the proposed heritage listing would both provide recognition of the specific heritage values of the site as well as protect the recreational values of the Clubs.

 

Another option assessed as part of the report was to consider adjusting the statement of significance for the Springdale Conservation Area to better embrace the significance of the Killara Bowling and Lawn Tennis Clubs. The Springdale Conservation Area has been previously associated with significant architectural styles and residential allotments. It is intended that the statement of significance for the Springdale conservation area will be adjusted, however, adjusting the statement of significance alone would not recognise the full heritage significance of the site and it is important to consider the significance of the Clubs within their own right. Furthermore, the significance of the site goes beyond that of the conservation area and the protection granted by the conservation area would not necessarily celebrate and protect the specific heritage values of the site.

At the October 2021 KLPP meeting, the Panel advised:

 

A.   The Ku-ring-gai Local Planning Panel is of the opinion that the proposal has sufficient strategic and site specific merit and therefore advises Council that the Planning Proposal to amend Schedule 5 of the KLEP 2015 to include as a local heritage item Killara Bowling Club and Killara Lawn Tennis Club (Lot 3 DP 817195 and Lot 2 DP 817195 and Lot 11 DP 1083606 and Lot B DP 380305 and Lot 11 DP 1083606) be submitted to the Department of Planning, Industry and Environment for a Gateway Determination.

 

B.   The Ku-ring-gai Local Planning Panel does not have sufficient information to provide advice in regard to any prospective re-zoning of the site.

 

The KLPP Report and Advice is included as Attachment A9.

 

The revised Springdale Conservation Area Statement is included at Attachment A10.

 

Comments

Assessment against the NSW Heritage Criteria

 

The significance of the Killara Bowling and Tennis Clubs has been considered against the NSW Heritage criteria as outlined below.

 

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

The Killara Bowling and Tennis Clubs have continued to demonstrate strong links to the Australian sporting culture for over a century, since the declaration of JG Edwards in the late nineteenth century of the sites’ suitability for the purpose of park and/or recreation. Both established by JG Edwards, the site has continued to function for the purposes of a Tennis Club since 1910 and Bowling Club since 1916 and have had an ongoing affiliation with each other, which formally ended in 1919, but has informally continued as a product of their proximity to one another and symbiotic uses.

 

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:

The site has a strong historical links to their founder, JG Edwards, who resided in the area since the 1850s. Edwards demonstrated the qualities of an early Australian entrepreneur, having acquired, established and subdivided 160 acres known as the Springdale Estate in the late nineteenth century. Often referred to as the ‘King of Killara’, Edwards was known as an instigator in the establishment of the North Shore railway line, including the construction of a station at Killara.  The clubs have provided recreational facilities for the immediate Killara and wider North Shore community for over a century.

 

The Tennis Club has been associated with notable Australians, including International Tennis players Neale Fraser, Lew Hoad, Fred Stolle and Ken Rosewell.

 

The Bowling Club has historic links to notable local people such as former President George Gissing who maintained a membership of the club for over 30 years until his death in 1955. The Arnold Street brick fence was later donated in memory of Gissing, by his family. 

 

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

The site is visually prominent within the Springdale Conservation Area, maintaining landmark qualities through their recreational and open space characteristics, which provide visual distinction within the highly historic and suburban precinct. The regularity and rectilinear nature of the tennis courts and bowling greens, centrally flanked by the clubhouses, which continue to face their respective sporting precincts, conveys an aesthetically pleasing sense of order to the site. 

 

The existing tennis clubhouse has the potential to display an aesthetically pleasing and distinctive use of brickwork through its apparent high-quality construction and finer detailing.

 

The garden elements, fencing and historic stone walls are notable.

 

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

The clubs have provided recreational facilities for the North Shore community for over a century and have been associated with prominent Australian Tennis players such Neale Fraser, Lew Hoad, Fred Stolle and Ken Rosewell. The location of the clubs, side-by-side, within the suburban precinct has ensured that strong links with the surrounding community have been maintained since their establishment and the residential subdivision in the early twentieth century.

 

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

Without further research, it is not known whether the site would meet the threshold for this criterion.

 

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

Whilst part of the site is associated with lawn bowls, which has continued to lose popularity as a sport within Australian society, without further research or extensive comparative analysis, it is not known whether the site would meet the threshold for this criterion.

 

The site represents an early and possibly rare example of a sporting precinct within an affluent residential setting, whose curtilages have not been affected by the pressure of development. 

 

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.

Together, the clubs have the ability to represent the early entrepreneurialism of JG Edwards, who had the ability to envisage and manifest the ongoing use of the site for recreational purposes within a wider residential precinct. 

 

The history of the site and built fabric that has evolved is somewhat representative of economic fluctuations, changing popularities of sports as well as changes in social values, such as the shifting opinions in relation to women.

 

Statement of Significance

 

Individually and combined, the Killara Bowling and Lawn Tennis Clubs demonstrate significance at a local level through their ongoing association with the activities of lawn bowls and tennis within the local area and wider North Shore for over a century.

 

The site has strong historical links to their founder, JG Edwards, who resided in the area since the 1850s. Referred to as the ‘King of Killara’, Edwards demonstrated the qualities of an early Australian entrepreneur, having acquired, established and subdivided 160 acres known as the Springdale Estate in the late nineteenth century.

 

The site has continued to function for the purposes of a Tennis Club since 1910 and Bowling Club since 1916 and have had an ongoing affiliation with each other, which formally ended in 1919, but has informally continued as a product of their proximity to one another and symbiotic uses. 

 

The Tennis Club has been associated with notable Australians, including International Tennis players Neale Fraser, Lew Hoad, Fred Stolle and Ken Rosewell whilst the Bowling Club has strong links to prominent local community members such as former President George Gissing.

 

The Clubs are visually prominent within the Springdale Conservation Area, maintaining landmark qualities through their recreational and open space characteristics, which provide visual distinction within the highly historic and suburban precinct. The regularity and rectilinear nature of the tennis courts and bowling greens, centrally flanked by the clubhouses, which continue to face their respective sporting precincts, conveys an aesthetically pleasing sense of order to the site. The garden elements, fencing and historic stone walls are notable.

 

Upon brief inspection, the existing tennis Clubhouse has the potential to display an aesthetically distinctive use of brickwork with finer detailing that is of interest.

 

The historical evolution of the Clubs, including the built fabric that physically represents this, has continued to evolve because of economic fluctuations and changes in social values, such as the shifting opinions in relation to women. Together, the clubs have the ability to represent early the entrepreneurialism of JG Edwards, who had the ability to envisage and manifest the ongoing use of the site for recreational purposes within a wider residential precinct. 

 

The configuration of the courts and greens remains intact as well as their relationship to the central clubhouse buildings, which have undergone changes over time. Neither of the original clubhouses remains despite possible evidence of the earlier Bowling Clubhouse within the extant fabric.

 

A draft Heritage Inventory (‘SHI’) form for the Killara Bowling and Lawn Tennis Club has been prepared to support the Planning Proposal and is included as Attachment A11.

 

Rezoning of the site to RE2 Private Recreation

 

While the KLPP formed the view that it did not have sufficient information to provide advice on any prospective re-zoning of the site, the rezoning of the Killara Bowling and Lawn Tennis Clubs sites to RE2 Private Recreation is considered to have merit. The rezoning, undertaken in tandem with the heritage listing, is considered to be the best means to meet the objectives to recognise the heritage and recreational value of the site, and to ensure that the zoning objectives accurately reflect the past and present recreational use of the site.

 

The objectives of the RE2 Private Recreation zone more accurately reflect the past and present use of the site than the objectives of the current zoning of R2 Low Density Residential. The RE2 Private Recreation zone objectives in the KLEP 2015 are as follows:

 

·   To enable land to be used for private open space or recreational purposes.

·   To provide a range of recreational settings and activities and compatible land uses.

·   To protect and enhance the natural environment for recreational purposes.

 

The Killara Bowling and Tennis Clubs have provided recreational facilities for the immediate Killara and wider North Shore community and continued to demonstrate strong links to the Australian sporting culture for over a century, since the declaration of JG Edwards in the late nineteenth century of the sites’ suitability for the purpose of park and/or recreation. The clubs represent the early entrepreneurialism of JG Edwards, who had the ability to envisage and manifest the ongoing use of the site for recreational purposes within a wider residential precinct.

 

In addition, the land uses permissible under the RE2 Private Recreation reflect the current use of the site while providing flexibility for a range of potential future uses that could be compatible with the existing context of the site. These uses include, but are not limited to: Community facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Information and education facilities; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs.

 

Rezoning the site to RE2 Private Recreation will ensure the preservation of the recreational and open space characteristics of the site.

 

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 of Planning, Industry and Environment (‘DPIE’), the Planning Proposal will be placed on exhibition seeking further State agency and stakeholder feedback prior to being reported back to Council to consider 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 (‘EP&A Act’). Council will seek the plan-making delegation under Section 3.36(2) of the EP&A Act to finalise the Planning Proposal.

 

Local Planning Panels Direction – Planning Proposals issued by the Minister for Planning under section 9.1 of the EP&A Act requires Council to refer all planning proposals prepared after 1 June 2018 to the Local Planning Panel for advice, before it is forwarded to the Department of Planning, Industry and Environment for a Gateway Determination. The KLPP has reviewed the Planning Proposal and provided advice that they support the Planning Proposal to heritage list the site to be submitted to the DPIE for a Gateway Determination.  The panel advised that they did not have sufficient information to provide advice in regard rezoning the site.

 

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

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. The cost of preparing this report is covered by the 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. The Planning Proposal will result in positive social effects by facilitating the conservation of an item of cultural heritage and maintaining a recreational facility that has significance to the local community.

 

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.  There is no adverse environmental impacts envisaged as a result of the current and intended future use of the site for recreational purposes.

 

Community Consultation

The Killara Lawn Tennis Club and the Killara Bowling Club have been notified on multiple occasions, both when the matter was to be considered by Council and of the Council resolution. Members of the community as well as representatives of the clubs have addressed the Council in support of the heritage listing of the Killara Bowling and Lawn Tennis Club.

 

Should the Planning Proposal receive a favourable Gateway Determination, it will be exhibited in accordance with the DPIE’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. Neighbouring properties and both Clubs will be individually notified of the public exhibition and have the opportunity to provide feedback.

 

Internal Consultation

Consultation with relevant Departments of Council has taken place in preparing this report.

 

Council’s Heritage Reference Committee in May 2021 reviewed the proposed heritage item and moved a unanimous decision to support the listing based on the findings of the preliminary heritage assessment.

 

Summary

A heritage assessment has concluded that the site meets the threshold for listing as a local heritage item on Schedule 5 of the Ku-ring-gai Local Environmental Plan 2015. A revised statement for the Springdale Conservation Area has been presented, which references the site as a significant landmark within the HCA. The Planning Proposal to heritage list the Killara Bowling and Lawn Tennis Club has been supported by the Heritage Reference Committee and the Ku-ring-gai Local Planning Panel.

 

Pursuing the rezoning of the Killara Bowling and Lawn Tennis Club to RE2 Private Recreation in tandem with the heritage listing is considered to be the best means to meet the objectives to recognise the heritage and recreational value of the site, and to ensure that the zoning objectives accurately reflect the past and present use of the site. A Planning Proposal to rezone Killara Bowling and Lawn Tennis Club and the associated allotments from R2 Low Density Residential to RE2 Private Recreation and to list the site as a heritage item and should be progressed to Gateway Determination.

 

Recommendation:

 

That:

 

A.   Council adopt the planning proposal included as Attachment A1 to list Killara Bowling and Lawn Tennis Clubs and the associated allotments (Lot 3 DP 817195 and Lot 2 DP 817195 and Lot 11 DP 1083606 and Lot B DP 380305 and Lot 11 DP 1083606) as a local heritage item on Schedule 5 and on the Heritage Map of the KLEP 2015.

 

B.   The planning proposal be amended to include the rezoning of the Killara Bowling and Lawn Tennis Clubs (‘the Site’) from R2 Low Density Residential to RE2 Private Recreation.

 

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

 

D.   Council request the plan making delegation under Section 3.36(2) of the EP&A Act for this Planning Proposal.

 

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

 

 

 

 

 

Angela Smidmore

Urban Planner

 

 

 

 

Vanessa Holtham

Heritage Planner Specialist

 

 

 

 

Craige Wyse

Team Leader Urban Planning

 

 

 

 

Antony Fabbro

Manager Urban & Heritage Planning

 

 

 

 

Andrew Watson

Director Strategy & Environment

 

 

 

 

Attachments:

A1

Planning Proposal to heritage list Killara Bowling and Lawn Tennis Club

 

2021/324008

 

A2

Appendix A - Heritage Assessment of Killara Bowling and Lawn Tennis Club - September 2021

 

2021/271781

 

A3

Appendix B - Letter - Response to request for an Interim Heritage Order - NSW Heritage - March 2021

 

2021/075266

 

A4

Appendix C - Heritage Reference Committee Minutes - 20 May 2021

 

2021/153612

 

A5

Appendix D - Council report and resolution - OMC 15 June 2021

 

2021/221186

 

A6

Heritage Advice from GML Heritage Pty Ltd sought by E.C. Miller - June 2021

 

2021/268997

 

A7

Letters of support received from Jonathan O'Dea MP and Paul Fletcher MP to Killara Bowling Club

 

2021/261813

 

A8

Ku-ring-gai Local Planning Panel Meeting - KLPP Advice - August 2021

 

2021/323692

 

A9

Ku-ring-gai Local Planning Panel Meeting - KLPP report and advice - 18 October 2021

 

2021/323627

 

A10

Revised Springdale Conservation Area Statement

 

2021/271782

 

A11

SHI Form - Killara Bowling and Lawn Tennis Club

 

2021/271778

 

 


APPENDIX No: 1 - Planning Proposal to heritage list Killara Bowling and Lawn Tennis Club

 

Item No: GB.7

 

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APPENDIX No: 2 - Appendix A - Heritage Assessment of Killara Bowling and Lawn Tennis Club - September 2021

 

Item No: GB.7

 

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APPENDIX No: 3 - Appendix B - Letter - Response to request for an Interim Heritage Order - NSW Heritage - March 2021

 

Item No: GB.7

 

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APPENDIX No: 4 - Appendix C - Heritage Reference Committee Minutes - 20 May 2021

 

Item No: GB.7

 

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APPENDIX No: 5 - Appendix D - Council report and resolution - OMC 15 June 2021

 

Item No: GB.7

 

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APPENDIX No: 6 - Heritage Advice from GML Heritage Pty Ltd sought by E.C. Miller - June 2021

 

Item No: GB.7

 

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APPENDIX No: 7 - Letters of support received from Jonathan O'Dea MP and Paul Fletcher MP to Killara Bowling Club

 

Item No: GB.7

 

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APPENDIX No: 8 - Ku-ring-gai Local Planning Panel Meeting - KLPP Advice - August 2021

 

Item No: GB.7

 

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APPENDIX No: 9 - Ku-ring-gai Local Planning Panel Meeting - KLPP report and advice - 18 October 2021

 

Item No: GB.7

 

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APPENDIX No: 10 - Revised Springdale Conservation Area Statement

 

Item No: GB.7

 

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APPENDIX No: 11 - SHI Form - Killara Bowling and Lawn Tennis Club

 

Item No: GB.7

 

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Ordinary Meeting of Council - 16 November 2021

GB.8 / 1

 

 

Item GB.8

S13492

 

 

St Ives Showground & Precinct Lands Plan of Management

 

 

EXECUTIVE SUMMARY

 

 

purpose of report:

To have Council adopt the St Ives Showground and Precinct Lands - Final Plan of Management, dated October 2021.

 

 

 

background:

Section 3.23(6) & (7) of the Crown Land Management Act 2016 requires all NSW councils to adopt plans of management for all reserves for which they are the appointed Crown Land Manager. The new plans of management must meet both the requirements of the Crown Land Management Act 2016 and the Local Government Act 1993.

The 2021 St Ives Showground and Precinct Lands – Plan of Management has undergone extensive external and internal consultation including public exhibition and submission to the NSW Minister for Planning and Public Spaces for landowner’s approval.

 

 

comments:

The St Ives Showground and Precinct Lands - Plan of Management has been prepared and exhibited in accordance with the Crown Land Management Act 2016 and the Local Government Act 1993.

As landowner, the NSW Department of Planning, Industry and Environment - Crown Lands has requested a minor amendment for their consent to Council under clause 70B of the Crown Land Management Regulation 2018 (CLM Reg).

 

 

recommendation:

That Council adopt the St Ives Showground and Precinct Lands - Final Plan of Management, dated October 2021.

 

 

 


  

Purpose of Report

To have Council adopt the St Ives Showground and Precinct Lands - Final Plan of Management, dated October 2021.

 

Background

Section 3.23(6) & (7) of the Crown Land Management Act 2016 requires all NSW councils to adopt plans of management for all reserves for which they are the appointed Crown Land Manager. The new plans of management must meet both the requirements of the Crown Land Management Act 2016 and the Local Government Act 1993.

 

Plans of management are an essential tool to assist in the strategic and day-to-day management of community land. They:

 

·        are written by Council in consultation with the community;

·        identify the important features of the land;

·        clarify how Council will manage the land; and

·        indicate how the land may be used or developed, such as leasing or other commercial arrangements.

 

Until a Plan of Management for an area of community land is adopted by a Council, the nature and use of the land must not be changed. Council cannot approve a new development on the land nor grant a lease, licence or other estate over the land, until a plan of management is in place.

 

The 2021 St Ives Showground and Precinct Lands – Plan of Management has undergone extensive external and internal consultation including public exhibition and submission to the NSW Minister for Planning and Public Spaces for landowner’s approval.

 

Comments

The St Ives Showground and Precinct Lands - Plan of Management has been developed following extensive community consultation and considers the changes to the environment, legislation, and stakeholder consultation.

 

In August 2021, Council resolved to adopt the draft St Ives Showground and Precinct Lands - Plan of Management and submit the Plan of Management to Crown Lands for consent. It was also resolved that delegation be given to the Director Strategy and Environment to correct any minor amendments, errors and inconsistencies to the St Ives Showground & Precinct Lands Plan of Management prior to finalisation.

 

On 6 October 2021, the NSW Department of Planning, Industry and Environment - Crown Lands provided consent to Council provided an amendment was made:

 

“I have reviewed the amended draft PoM and as a delegate for the Minister for Planning and Public Spaces, I consent to council adopting the PoM under clause 70B of the Crown Land Management Regulation 2018 (CLM Reg), provided the following amendment is made:

 

·    removal of reference to section 2.20 of the CLM Act on page 39. This was provided for use to Council Crown land managers during the transition period (pre-PoM) and cannot be used for granting short-term licences in the PoM (see clause 70(1) of the CLM Reg).”

 

The overall effect of this amendment is minimal as it only relates to the interim transitional period where the proposed plan of management to be adopted is not in place.

 

The required Crown Land amendments along with corrected minor errors and inconsistencies in the St Ives Showground & Precinct Lands - Plan of Management, which is now ready for finalisation (see Attachment A1).

 

integrated planning and reporting

Places, Spaces & Infrastructure

 

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

 

A program is being

implemented to improve existing recreation, sporting and leisure facilities and facilitate the establishment of new facilities

Progressively review and update Community Plans of Management

 

 

Governance Matters

Ku-ring-gai Council amended and completed the draft St Ives Showground and Precinct Lands - Plan of Management under section 3.23(6) of the Crown Land Management Act 2016 (CLM Act) and section 39 of the Local Government Act 1993 (LG Act). On 23 September 2021, following public exhibition, the Plan of Management (PoM) was sent back to NSW Department of Planning, Industry and Environment - Crown Lands for final review and consent.

 

Crown Lands advised on 6 October 2021 that they consent to Council adopting the PoM under clause 70B of the Crown Land Management Regulation 2018 (CLM Reg), providing Council removed reference to section 2.20 of the CLM Act on page 39.

 

This amendment has been made to the St Ives Showground and Precinct Lands - Plan of Management, which is now ready for final adoption by Council.

 

Risk Management

Council needs to have a final Crown endorsed Plan of Management in place to ensure the lawful use and occupation of Crown land. Any activities to be undertaken on the Reserve must be expressly authorised in the PoM prior to implementation this includes Council’s Cultural Environmental Education Centre.

 

Financial Considerations

No additional financial considerations arising from this report.

 

Social Considerations

No social considerations arising from this report.

 

Environmental Considerations

No environmental considerations arising from this report.

 

Community ConsultatioN

Not required for this report.

 

Internal Consultation

Consultation between Council teams (Property, Urban Planning & Heritage, and Environment & Sustainability) has taken place in preparation of this report.

 

Summary

The St Ives Showground and Precinct Lands - Plan of Management has been prepared and exhibited in accordance with the Crown Land Management Act 2016 and the Local Government Act 1993. As landowner, the NSW Department of Planning, Industry and Environment - Crown Lands has provided consent to Council to adopt the PoM under clause 70B of the Crown Land Management Regulation 2018 (CLM Reg).

 

Recommendation:

 

That Council adopt the St Ives Showground and Precinct Lands - Final Plan of Management, dated October 2021 in accordance with clause 70B of the Crown Land Management Regulation 2018.

 

 

 

 

 

James Brisebois

Natural Areas Program Leader

 

 

 

 

Antony Fabbro

Manager Urban & Heritage Planning

 

 

 

 

Andrew Watson

Director Strategy & Environment

 

 

 

 

Attachments:

A1

St Ives Showground and Precinct Lands - Final Plan of Management October 2021

 

2021/319196

  


APPENDIX No: 1 - St Ives Showground and Precinct Lands - Final Plan of Management October 2021

 

Item No: GB.8

 

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Ordinary Meeting of Council - 16 November 2021

NM.1 / 1

 

 

Item NM.1

S11228

 

 

 

Notice of Motion

 

Employee Assistance Program

  

Notice of Motion from Councillors Kay and Kelly dated 29 October 2021

 

EAP is an employee assistance program that supports employees with work-related problems as well as personal problems that may impact on their job performance, health and mental well-being. EAP offers employer funded confidential counselling for employees and their family members as well as consultative support for managers and supervisors to address employee and organizational challenges and needs.

 

This has been available for more than 15 years to Ku-ring-gai Council staff with a different provider prior to 2020. The average number of employees using the service was 6.5 per quarter in 2020 and this has increased to 7 per quarter to the end of September 2021. Prior statistics were not readily available at the time of making enquiries of staff.

 

Unfortunately, EAP has not previously been available to councillors from Ku-ring-gai Council, but their services are offered to councillors from other Councils in NSW.

 

This was brought to my attention when a serious matter that related to my work as a Councillor occurred, and I was offered no support or assistance to deal with the issue at the time. 

 

There has been a dramatic increase of EAP services over the years, with many more businesses coming on board, and should continue to be offered to all staff including post lockdown when mental health issues are predicted to be on the rise.

 

We therefore move that:

 

A.  The provision of the employee assistance program (EAP) be included in the Councillor Expenses and Facilities Policy, to ensure it is available to future councillors.

 

B. The services offered by EAP are available to councillors as well as staff, and that this information is provided in the induction material that Councillors are issued when elected with the list of these contacts readily available.

 

Recommendation:

 

That the above Notice of Motion as printed be adopted.

 

 

 

Councillor Christine Kay

Councillor for St Ives Ward

 

 

 

Councillor Peter Kelly

Councillor for Gordon Ward

 

 


 

Ordinary Meeting of Council - 16 November 2021

NM.2 / 1

 

 

Item NM.2

S07823

 

 

 

Notice of Motion

 

Basketball and Netball Facilities in Roseville, Lindfield and Killara

 

Notice of Motion from Councillor Ngai dated 29 October 2021

It is unfortunate that council was unable to achieve quorum on at least three occasions in October, denying the opportunity for sporting facilities to be considered in October.

 

I therefore propose that this matter be considered by council in November. For more information about this motion, please refer to NM2 of the October 2021 Ordinary Meeting of Council.

 

I therefore move that:

 

A. Netball: Council proactively engages with Lindfield Netball Club and KNA to ensure that the netball hoops at the flood-lit Tryon Road Tennis Courts will be available for training whenever required in 2022. If there are already pre-existing tennis bookings causing a clash in availability, council staff should exercise discretion in offering an alternate location.

 

B. Basketball: Council staff investigate suitable locations for increasing the number of council-owned basketball hoops in Roseville / Lindfield / Killara from the current five up to a target of at least twelve, and a report be brought back to council for consideration by April 2022. Some of these basketball hoops could potentially come from quick wins such as the conversion of courts at Tryon Road (up to four basketball hoops to accompany the netball hoops), Lindfield Library (up to four hoops), and other locations in the area. Additional hoops can also come from the reconfiguration of public spaces in the medium to long term. It is also understood that the conversion of popular tennis courts to basketball may have a revenue impact if tennis hirers do not choose to book the other available courts in the council network, and the potential cost implications should be included for council’s consideration.

 

Recommendation:

 

That the above Notice of Motion as printed be adopted.

 

 

 

 

 

 

Councillor Sam Ngai

Councillor for Roseville Ward

 

 

  


 

Ordinary Meeting of Council - 16 November 2021

NM.3 / 1

 

 

Item NM.3

S12268

 

 

 

Notice of Motion

 

Lindfield Pedestrian Bridge

  

Notice of Motion from Councillor Ngai dated 29 October 2021

 

It is unfortunate that council was unable to achieve quorum on at least three occasions for the October Ordinary Meeting of Council, denying the opportunity for this matter to be considered.

 

I therefore move that:

 

A.  As part of the Lindfield Village Hub negotiations, each proponent must demonstrate how its proposed design will reasonably interface with or incorporate a future pedestrian bridge across the Pacific Highway.

 

B. Council publishes a project timeline for the Lindfield Village Hub once negotiations are complete.

 

 

Recommendation:

 

That the above Notice of Motion as printed be adopted.

 

 

 

 

 

 

Councillor Sam Ngai

Councillor for Roseville Ward

 

 

 

  


 

Ordinary Meeting of Council - 16 November 2021

NM.4 / 1

 

 

Item NM.4

S09767

 

 

 

Notice of Motion

 

Saving Bates Park

 

Notice of Motion from Councillors Ngai, Spencer, Kay, Kelly and Pettett

dated 29 October 2021

 

It is unfortunate that council was unable to achieve quorum on at least three occasions for the October Ordinary Meeting of Council, denying the opportunity for the park to be considered.

 

We therefore propose that this matter be considered by Council in November. For more information about this motion, please refer to NM3 of the October 2021 Ordinary Meeting of Council.

 

We therefore move that:

 

Council does not proceed to divest 97 Babbage Road Roseville Chase (Lot 47, DP 13444), and the land be reclassified from ‘operational land’ back to ‘community land’ in accordance with section 33 of the Local Government Act 1993.

 

Recommendation:

 

That the above Notice of Motion as printed be adopted.

 

 

 

 

 

 

Councillor Sam Ngai

Councillor for Roseville Ward

 

 

 

 

Councillor Cedric Spencer

Councillor for Wahroonga Ward

 

 

 

 

Councillor Christine Kay

Councillor for St Ives Ward

 

 

 

 

Councillor Peter Kelly

Councillor for Gordon Ward

 

 

 

 

Councillor Jeff Pettett

Councillor for Comenarra Ward