Agenda of Ordinary Meeting of Council

Ordinary Meeting of Council

TO BE HELD ON Tuesday, 24 May 2022 AT 7:00 PM

Level 3, Council Chamber

Agenda

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

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

The Livestream can be viewed here:

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

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

In accordance with clause 3.23 of the Model Code of Meeting Practice, Councillors are reminded of the oath or affirmation of office made under section 233A of the Act, and of their obligations under the Council’s Code of Conduct to disclose and appropriately manage conflicts of interest.

Please refer to Part 4 of Council’s Code of Conduct for Pecuniary Interests and Part 5 of Council’s Code of Conduct for Non-Pecuniary Interests.

The Oath or Affirmation taken is as below:

Oath:

I [name of Councillor] swear that I will undertake the duties of the office of Councillor in the best interests of the people of the Ku-ring-gai Local Government area and the Ku-ring-gai Council, and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgement.

Affirmation:

I [name of Councillor] solemnly and sincerely declare and affirm that I will undertake the duties of the office of Councillor in the best interests of the people of the Ku-ring-gai Local Government area and the Ku-ring-gai Council, and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgement.

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.7 RFT3-2022 Fox Valley Neighbourhood Centre upgrade

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

Attachment 1: RFT3-2022 List of Submitters

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

Attachment 2: RFT3-2022 Tender Evaluation Report

GB.8 RFT16-2021 Orange Green Play Space Upgrade

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

Attachment 1: RFT16-2021 List of Submitters

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

Attachment 2: RFT16-2021 - Revised Tender Evaluation Report

CONFIRMATION OF MINUTEs

Minutes of Ordinary Meeting of Council 12

File: S02131

Meeting held 26 April 2022

Minutes numbered 55 to 85

minutes from the Mayor

MM.1 Vale Stuart John Doyle 43

File: CY00455/10

It is my sad duty to inform you of the passing of Stuart John Doyle aged 97. Husband of Joan, father of Mandy and grandfather to her children.

We are remembering Stuart Doyle’s life due to his extraordinary connection with Council – as a long-time staff member, as Council’s War Memorials Custodian and as the keeper of the history of Ku-ring-gai Council.

Stuart commenced work at Ku-ring-gai Council in 1947, when he was 22 years old. He was interviewed for the position as a Junior Clerk by the then Town Clerk, Arthur Havelock Hirst and the Mayor at the time, Alderman Joe Brown.

It has been reported that Stuart’s, along with his father’s military background, favourably impressed the two men on the interviewing panel. Stuart had served in the Second World War, and was injured in Belgium, while his father, Alan Doyle, was Wing Commander in the Royal Australian Air Force, which was stationed in Bradfield.

Stuart’s career at Council soon progressed as he become a Public Relations Officer, then Council’s Protocol Officer for a number of years prior to his retirement in1984. Council’s records show that Stuart was subsequently appointed as Council’s “War Memorials Custodian” in 1991.

Stuart was fondly remembered by his colleagues as always having an entertaining story to tell about the history of Council.

He took great delight in relating his stories of the early days of Ku-ring-gai when, according to Stuart, there was a dedicated role in Council for an officer “who impounded stray cattle”. Stuart also retold the story of being present at a Council meeting when Aldermen, who were unable to settle their differences through debate, resorted to “fisticuffs” in the Council Chamber.

Stuart continued his affiliation with Council for many years following his retirement. He played an active role in facilitating Council’s Anzac Day and Remembrance Day ceremonies which were always meticulously planned and delivered with precision.

Stuart’s expertise for recalling history, as well as his aptitude for storytelling, was very much valued throughout the planning and the celebrations for the Centenary of Ku-ring-gai Council in 2006. Council was able to tap into Stuart’s significant wealth of knowledge about Council since 1947, which he took great pride in sharing with the staff along with the community.

Stuart Doyle continued to take a very keen interest in the history of Ku-ring-gai following his retirement in 1984. In 2012 he presented Council with the original bible that was used at the inaugural swearing in ceremony after Ku-ring-gai was constituted as a Municipality in 1928.

According to Stuart he had salvaged the bible from a skip bin following an office clean-up in the 1970s, just as it was heading to the tip. The bible is now in its rightful place in the local history collection in the library.

Stuart Doyle will be warmly remembered and respected for his dedication and loyalty to Council, along with his impressive historical knowledge and his willingness to share it with Council and the community, plus his remarkable aptitude for local government procedure and protocol.

Recommendation:

A. That the Mayoral Minute be received and noted.

B. That we stand for a minute’s silence to honour Stuart Doyle

C. That the Mayor write to Stuart Doyle’s family and encloses a copy of the Mayoral Minute.

MM.2 Improving the operation of advisory and reference committees 45

File: S10078

Council’s advisory and reference committees are an important way of involving community members in our local democratic process.

They allow Council to harness the views and expertise of the community, and ensure Council has a good understanding of specific issues and initiatives to inform its decisions.

At the January Ordinary Meeting of Council, Council resolved to amend the guidelines so that non-member Councillors may attend meetings in a non-voting capacity and therefore speak at these meetings.

However, I am concerned that this may be undermining our committees. They are a forum for community engagement and discussion – not politics. We can’t allow these meetings to become too large, interminably long or dominated by non-member Councillors. Council has nominated members to each of these committees to represent the elected Council. We need to allow them to get on and do the job they have been appointed to.

All Councillors receive notice of meetings and are able to attend. Councillors can seek additional advice and information through the General Manager and Council staff, and can put matters of importance to Ordinary Meetings of Council for debate and resolution where required.

In the interests of the efficient and effective operation of our committees, I am recommending that the guidelines be amended so that non-member Councillors may attend meetings as observers only.

Recommendation:

A. Council to amend the relevant sections of the Council Advisory / Reference Committees Guideline to provide for non-member Councillors to attend advisory / reference committee meetings as observers only.

Petitions

GENERAL BUSINESS

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

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

GB.1 Business Engagement Update 2022 46

File: S09438

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

Recommendation:

That Council receive and note this report.

GB.2 Change of Meeting Date for the June 2022 Public Forum 57

File: CY00368/12

To amend the date of the June 2022 Public Forum from 21 June 2022 to 23 June 2022.

Recommendation:

A. Amend the date of the June 2022 Public Forum from Tuesday 21 June to Thursday 23 June so that Councillors can also attend the Australian Local Government Association (ALGA) National General Assembly 2022.

B. Note that applications to speak at the Public Forum will close at 5pm the business day prior (i.e. 22 June)

C. Note the date of the June Ordinary Meeting of Council (OMC) on 28 June 2022 remains unchanged.

GB.3 Minutes of Audit, Risk & Improvement Committee meeting held on 7 April 2022 60

File: CY00458/10

To provide Council with the Minutes from the Audit, Risk & Improvement Committee meeting held on 7 April 2022 for adoption.

Recommendation:

The minutes from the Audit, Risk & Improvement Committee meeting held on 7 April 2022 are adopted.

GB.4 Investment Report as at 30 April 2022 69

File: FY00623/4

To present Council’s investment portfolio performance for April 2022.

Recommendation:

That the summary of investments performance for April 2022 be received and noted; and that the Certificate of the Responsible Accounting Officer be noted and the report adopted.

GB.5 Analysis of Land and Environment Court Costs - 3rd Quarter 2021 to 2022 76

File: FY00623/4

To report legal costs in relation to development control matters in the Land and Environment Court for the quarter ended 31 March 2022.

Recommendation:

That the analysis of Land and Environment Court costs for the quarter ended 31 March 2022 be received and noted.

GB.6 2021 - 2022 Budget Review - 3rd Quarter ended March 2022 88

File: S09112/10

To inform Council of the results of the second 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 31 March 2022.

Recommendation:

That the March 2021/22 Quarterly Budget Review and the recommended changes are received and noted.

GB.7 RFT3-2022 Fox Valley Neighbourhood Centre upgrade 116

File: RFT3-2022/R

To consider the tenders received for RFT3-2022 Fox Valley neighbourhood centre upgrade and to appoint the preferred tenderer.

Recommendation:

In accordance with Section 55 of the Local Government Act and Tender Regulations, it is recommended Council accept the Tender submitted by Tenderer ‘A’.

GB.8 RFT16-2021 Orange Green Play Space Upgrade 120

File: RFT16-2021/R

To consider the re-evaluation of tenders received for RFT16-2021 Orange Green Play Space Upgrade and to appoint the preferred tenderer.

Recommendation:

In accordance with Section 55 of the Local Government Act and Tender Regulations, it is recommended Council accept the Tender submitted by Tenderer ‘B’.

GB.9 Walkway between Princess Street and Raglan Street Turramurra 125

File: S02444/14

For Council to consider options to recognise Dr Lydie Nashar for her efforts in establishing, beautifying and maintaining the public walkway between Princess Street and Raglan Street Turramurra.

Recommendation:

That Dr Nashar receive a Certificate of Appreciation from Council, and that the Mayor be consulted about the presentation of the certificate.

GB.10 Heritage Reference Committee Minutes
16 September 2021 128

File: CY00413/10

To have Council consider the minutes from previous Heritage Reference Committee (‘HRC’) meeting held on 16 September 2021.

Recommendation:

That Council receive and note the HRC minutes from 16 September 2021.

GB.11 Overt Electronic Surveillance in Public Places Policy - Post-Exhibition 134

File: S13433

To report back to Council the results of the public exhibition of the draft Overt Electronic Surveillance in Public Places Policy.

Recommendation:

That Council adopts the draft Overt Electronic Surveillance in Public Places Policy as exhibited.

GB.12 Ku-ring-gai Public Domain Plan - St Ives - draft for public exhibition 149

File: S12249

To seek Council approval to exhibit the draft Ku-ring-gai Public Domain Plan – Volume 2 – St Ives.

Recommendation:

That Council adopt the draft Ku-ring-gai Public Domain Plan – Volume 2 - St Ives for public exhibition and after the exhibition a report be brought back to Council with the results of public submissions.

GB.13 Ku-ring-gai Draft Urban Forest Strategy 219

File: S12227

To provide an overview of the draft Ku-ring-gai Urban Forest Strategy and to seek Council’s endorsement to place the draft strategy on public exhibition.

Recommendation:

That Council endorse the draft Ku-ring-gai Urban Forest Strategy for public exhibition.

GB.14 Streets As Shared Spaces Grant (Round 2) - Hill Street, Roseville 299

File: S13385

To seek a Council resolution for the implementation of a temporary streetscape activation program for Hill Street Roseville through the Streets as Shared Spaces Grant, that has been offered to Council to the value of $500,000.

Recommendation:

To adopt the proposed temporary streetscape installation for Hill Street and Lord Street and to accept the offered grant funding through the Streets as Shared Spaces Program from the NSW Government.

GB.15 Post exhibition consideration of submissions - Planning Proposal for Killara Bowling Club and Killara Lawn Tennis Club 309

File: S13316

For Council to consider the submissions received during the public exhibition for the Planning Proposal to heritage list the Killara Bowling Club and the Killara Lawn Tennis Club as a local heritage item and to rezone the site to RE2 Private Recreation.

Recommendation:

That the Planning Proposal to heritage list the Killara Bowling Club and the Killara Lawn Tennis Club as a local heritage item, and to rezone the site to RE2 Private Recreation proceeds and that Council resolves to make the Plan under section 3.36 of the Environmental Planning & Assessment Act 1979.

GB.16 Council's Land Holding Strategy - Update Report 415

File: S08130/13

The purpose of this report is to seek Council approval for the divestment of residual parcels of land that had been purchased by or transferred to Council for various purposes, and to seek approval for the proposed reclassification and divestment of surplus Council land.

Recommendation:

That the actions identified within this report are endorsed by Council.

Extra Reports Circulated to Meeting

Motions of which due Notice has been given

NM.1 Bicycle Advisory Committee 433

File: S02777/16

Notice of Motion from Councillors Lennon and Ward dated 29 March 2022

David Thomson, the Advocacy Officer for Bike North, provides councillors the following rationale for reviving the Bicycle Advisory Committee:

"Over the past few years there has been a significant uptake in cycling as families have been getting on their bikes for recreation and others have been making trips to the shops and commuting to work.

Further, with the advent of e-bikes, cycling has become accessible to a wider range of riders. Those previously dissuaded by their age, health levels or hills, have the opportunity to enjoy recreational and commuter riding.

Many more would love to cycle but are too scared to ride on the roads in Ku-ring-gai because of the traffic and danger from inconsiderate drivers. Let’s provide safer cycling in Ku-ring-gai!

The benefits of cycling include:

· Cycling eases road congestion

· Cycling encourages children to exercise

· Cycling is convenient for short local trips

· Cycling provides a healthy, low-cost form of active transport and recreation

· Cycling provides the opportunity for meeting others for example through bicycle user groups (BUGs)

· Cycling provides personal transport options for those who are unable to drive due to age, disability, cost or personal choice

· Cycling contributes to achieving net zero emissions.

Whilst much of Greater Sydney is serviced by good, off-road cycleway infrastructure, providing an integrated network across many parts of Sydney, the North Shore has been left behind.

Ku-ring-gai Council recognised the benefits of cycling for its community when it introduced a Bike Plan nine years ago. Unfortunately, only 3% of the Plan has been implemented.

With the NSW Government now providing funding for additional cycleways, and establishing a Minister for Active Transport, now is a good time to progress provision of active transport infrastructure for our community, to encourage sustainability and ensure we are well set up for the future.

Wouldn’t it be great to see families out riding together on council paths and parks, to see people riding to the shops or the station? Wouldn’t it be great for residents to be able to safely ride the streets of Ku-ring-gai? Council can lead this local change, to the benefit of the whole Ku-ring-gai community.

Re-establishing Council’s Bicycle Advisory Committee will provide opportunities for the Ku-ring-gai community to attain the many other benefits of cycling. The Bicycle Advisory Committee will support and guide Council for planned network improvements identified in the Ku-ring-gai Bike Plan, Public Domain Plans, Future Transport 2056 and other opportunities when they arise. The Committee will present ideas for big picture strategies to implement such as family-friendly and safer infrastructure, provide education and training for cyclists of all ages and promote cycling to achieve sustainability and Net Zero Emissions objectives."

We, therefore, move:

A. That Council establish a Bicycle Advisory Committee.

B. That staff report back to Council with recommendations for terms of reference.

Recommendation:

That the above Notice of Motion as printed be adopted.

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

Questions With Notice

InspectionS– SETTING OF TIME, DATE AND RENDEZVOUS

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Minute Ku-ring-gai Council Page

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 26 April 2022

Present:	The Mayor, Councillor J Pettett (Chairperson) Councillor G Taylor (Comenarra Ward) Councillors S Lennon & B Ward (Gordon Ward) Councillors S Ngai & A Taylor (Roseville Ward) Councillors C Kay & M Smith (St Ives Ward) Councillor C Spencer & K Wheatley (Wahroonga Ward)

Staff Present:	General Manager (John McKee) Director Community (Janice Bevan) Director Corporate (David Marshall) Director Development & Regulation (Michael Miocic) Director Operations (George Bounassif) Director Strategy & Environment (Andrew Watson) Corporate Lawyer (Jamie Taylor) Manager Corporate Communications (Virginia Leafe) Manager Finance (Angela Apostol) Manager Governance and Corporate Strategy (Christopher M Jones) Manager Urban & Heritage Planning (Antony Fabbro) Governance Support Officer/ Minutes Secretary (Nicole Kratochvil)

The Meeting commenced at 7:00PM

The Mayor offered the Prayer

DECLARATIONS OF INTEREST

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

No Interest was declared.

DOCUMENTS CIRCULATED TO COUNCILLORS

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

Late Items:

GB.19 - RFT4-2022 Kendall Village play space upgrade - Report by Director Operations dated 6 April 2022 with attachments.

GB.20 - RFT5-2022 Robert Pymble Park play space upgrade - Report by Director Operations dated 6 April 2022 with attachments.

GB.21 - RFT6-2022 Dukes Green play space upgrade - Report by Director Operations dated 6 April 2022 with attachments.

GB.22 - Draft Community Strategic Plan - Ku-ring-gai 2032 - Report by Director Corporate dated 25 March 2022 an attachment.

GB.23 - Draft Resourcing Strategy 2022 - 2032 - Report by Director Corporate dated 25 March 2022 with attachments.

GB.24 - Draft Delivery Program 2022 - 2026 and Draft Operational Plan 2022 - 2023 - Report by Director Corporate dated 25 March 2022 with attachments.

Confidential Late Agenda Attachment:

GB.19 - RFT4-2022 Kendall Village play space upgrade - Attachment 1: RFT4-2022 List of Submitters, Attachment 2: RFT4-2022 Tender evaluation report

GB.20 - RFT5-2022 Robert Pymble Park play space upgrade - Attachment 1: RFT5-2022 List of Submitters, Attachment 2: RFT5-2022 Robert Pymble Park play space upgrade - Tender evaluation report

GB.21 - RFT6-2022 Dukes Green play space upgrade - Attachment 1: RFT6-2022 List of Submitters, Attachment 2: RFT6-2022 Dukes Green play space upgrade - Tender evaluation report

Memorandums:

GB.6 Project Status Report - Memorandum from the Director Operations dated 26 April 2022 to Mayor, Councillors and General Manager containing an updated Project Status Report to replace the attached report for GB6 Project Status Report.

CONFIRMATION OF REPORTS AND ATTACHMENTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/9

RESOLVED:

(Moved: Councillors Spencer/Smith)

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 the following confidential report and attachments:

C.1 NSW Heritage Act 1977

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

Attachment 1: Preliminary heritage assessment - 64 Rosebery Road, Killara

Attachment 2: Preliminary heritage assessment - 64 St Johns Avenue, Gordon

NOTE:

GB.10 Marian Street Theatre

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

Attachment 1: MST Schematic Design Cost Estimate

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

Attachment 2: MST Cost Shift Analysis

GB.11 Divestment of Council land at 47 Warrane Road Roseville Chase

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

Attachment 1: Valuations

GB.12 Council land - 97 Babbage Road Roseville Chase

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

Attachment 2: Confidential Attachment - NBV valuation for 97 Babbage Road Roseville Chase

GB.13 Ku-ring-gai High School - Northern Sydney & Beaches Hockey Association Proposal to Upgrade Existing Facilities

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

Attachment 5: Final Cost Estimate November 2021

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

Attachment 6: Revised Cost Estimate

GB.19 - RFT4-2022 Kendall Village play space upgrade

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

Attachment 1: RFT4-2022 List of Submitters

Attachment 2: RFT4-2022 Tender evaluation report

GB.20 - RFT5-2022 Robert Pymble Park play space upgrade

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

Attachment 1: RFT5-2022 List of Submitters

Attachment 2: RFT5-2022 Robert Pymble Park play space upgrade - Tender evaluation report

GB.21 - RFT6-2022 Dukes Green play space upgrade

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

Attachment 1: RFT6-2022 List of Submitters

Attachment 2: RFT6-2022 Dukes Green play space upgrade - Tender evaluation report

CARRIED UNANIMOUSLY

CONFIRMATION OF MINUTEs

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 15 March 2022

Minutes numbered 41 to 54

RESOLVED:

(Moved: Councillors Spencer/Wheatley)

That Minutes numbered 41 to 54 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

PETITIONS

Petition supporting Council's planning proposal to rezone this site (Killara Lawn Tennis Bowling Club) RE2 and list the site as a local heritage item

File: S13316

Vide: PT.1

Dear Sir

I strongly support maintaining the recreational area with RE2 zoning.

I have been a member of Killara Bowling Club for over 10 years and a resident since 1968 and until recently lived a stone throw from the wonderful green oasis that is the Bowling Club and Tennis Club. I have been appalled at the spread of redevelopment of the region, the loss of trees and the lack of attention to gardens that was once a feature of the area. I am also well aware of the historic nature of the “Recreation Area” created by J.G. Edwards, the “father of Killara” and I am strongly in favour of maintaining this area i.e. the Bowling Club and Tennis Club as a recreational oasis in Killara.

I am NOT in favour of the proposal put forward by some members of the Bowling Club to sell off the bowling Club land to finance another bowling club and strongly support the proposal to merge with the Tennis Club.

In summary as a resident of over 50 years, I am strongly in favour of the zoning category of RE2 – never to be developed as residential.

I actually spoke at the public forum on November 9, 2021 on the heritage aspect of the site, all three of us who spoke favoured the site being heritage listed.

Back in 2007 I did a Heritage course run jointly by Council and the Historical Society. To learn the ropes the study centred on Gordon but, having lived and worked in Killara for over 50 years, I started an intense study of the May25/1831 land grant of 160 acres that forms the heart of Killara and which includes the Bowling and Tennis clubs site.

I have written articles for the Historian – my article on Marian St alone is 21 pages long and over the years I have also given talks on the subject. From the beginning JG Edwards called the site ‘Killara Recreation Ground’.

At a meeting on February 25, 2022 at KBC of which I am a member, there were three letters for us to select one and sign and they were also taking signatures from members who wished to oppose Council’s proposal. There was nothing to take or sign if you wished to agree to the proposal.

I feel so strongly about all this I decided to collect some signatures of those living in the area who want to agree to Council’s proposal. Hence the attached 315 signatures.

RESOLVED:

(Moved: Councillors Lennon/Ward)

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

CARRIED UNANIMOUSLY

Resident's petition opposing NSFA DA0484/21

File:

Vide: PT.2

Petition to Ku-ring-gai Council (March 2022)

To reject DA0484/21 in its entirety at North Turramurra Recreation Area

We, the undersigned residents of Ku-ring-gai, petition Ku-ring-gai Council to reject the proposal DA0484/21 from Northern Suburbs Football Association (NSFA) to construct a 300 spectator stand with club house facility incorporating a ground-floor cafe and kitchen, coaches' room, four change rooms, male, female and wheelchair accessible toilets, a first aid room, gym, physio room, AV/media room, shared office, small single offices, kitchen/lunch area and a board room and a corporate box for 30 NSFA soccer clubs. We overwhelmingly oppose this DA.

· Increased intensity of use for winter and summer football and professional games will restrict shared use for passive recreation including children's playground, BBQ and picnic areas and walking trails promised by council in Plan of Management.

· The submitted traffic report is outdated and inadequate.

· Increased traffic congestion for ambulance and vehicle impacts on Burns Road intersection.

· Insufficient on-site car parking as specified in Plan of Management and conflict with golfer demand.

· Issues with existing low water pressure at the northern end of Bobbin Head Rd will be exacerbated.

· Concerns for the safe evacuation of 1248 frail and vulnerable residents in aged care facilities north of the site along a single lane egress road

· Increased noise and light overflow impacts will result from the PA system and from spectators during professional or semi-professional games.

· Plan of Management classifying this as community land does not allow for a Grandstand or offices

Resolved:

(Moved: Councillors Spencer/Kay)

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

CARRIED UNANIMOUSLY

GENERAL BUSINESS

Marian Street Theatre

File: S12062-3

Vide: GB.10

To update Council on the Marian Street Theatre project.

RESOLVED:

(Moved: Councillors Spencer/Kay)

That the matter be deferred for an inspection of the subject site.

For the Resolution: The Mayor, Councillor Pettett, Councillors Kay, Ngai, Spencer, A. Taylor, G. Taylor and Wheatley

Against the Resolution: Councillors Lennon, Smith and Ward

CARRIED

Investment Report as at 31 March 2022

File: FY00623/4

Vide: GB.1

To present Council’s investment portfolio performance for March 2022.

RESOLVED:

(Moved: Councillors Spencer/G. Taylor)

That:

A. The summary of investments and performance for March 2022 be received and noted.

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

CARRIED UNANIMOUSLY

Disclosures of Interest Returns

File: CY00440/10

Vide: GB.2

To table Council’s Disclosure of Interest Returns Register in accordance with Schedule 1 of the Ku-ring-gai Council Code of Conduct (the Code).

RESOLVED:

(Moved: Councillors Spencer/Kay)

That the tabling of the Disclosure of Interest Returns Register be noted.

CARRIED UNANIMOUSLY

Minutes of Audit, Risk & Improvement Committee meetings held on 10 June 2021 and 2 September 2021

File: CY00458/10

Vide: GB.3

To provide Council with a copy of the Minutes from the Audit, Risk & Improvement Committee meetings held on 10 June 2021 and 2 September 2021.

RESOLVED:

(Moved: Councillors Spencer/Smith)

Council receive and note the contents of this report.

CARRIED UNANIMOUSLY

The Novus Foundation 2022 Gala Dinner

File: CY00368/12

Vide: GB.4

To advise Council of the opportunity to purchase tickets for the Novus Foundation Gala Dinner on 27 May 2022.

RESOLVED:

(Moved: Councillors Spencer/Ward)

That:

A. Council purchase a sponsorship package of a table of 10 tickets for the Novus Foundation 2022 Gala Dinner for $3,500; and

B. Councillors who are interested in attending the dinner advise the General Manager by Friday 6 May 2022.

CARRIED UNANIMOUSLY

Integrated Planning and Reporting - Plans for Public Exhibition

File: S13365

Vide: GB.5

To note that Council will be required publicly exhibit the Draft Community Strategic Plan (CSP), Resourcing Strategy, Delivery Program and Operational Plan, prepared under the NSW Office of Local Government’s (OLG) Integrated Planning and Reporting Framework.

Note: GB.5 is superseded by GB.22 – GB.24.

RESOLVED:

(Moved: Councillors Spencer/Smith)

That Council note that Council’s Community Strategic Plan and supporting plans will be circulated and published as late papers.

CARRIED UNANIMOUSLY

Project Status Report - April 2022

File: FY00621/4

Vide: GB.6

To provide Council with the Project Status Report reflecting results for January, February, and March 2022.

RESOLVED:

(Moved: Councillors Spencer/Smith)

That:

A. Council receive and note the Project Status Report for April 2022.

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

CARRIED UNANIMOUSLY

Review of Domestic Waste Management Charges / IPART Draft Report

File: S02294

Vide: GB.7

To seek Council`s endorsement of a submission to the IPART Review of Domestic Waste Management Service Charges and endorse the NSROC Draft submission to IPART.

RESOLVED:

(Moved: Councillors Spencer/Smith)

A) That the General Manager be delegated to lodge Council’s submission to IPART on their review of the Domestic Management Charges in accordance with the responses provided to the IPART questions contained in this report.

B) That Council endorses the draft NSROC submission to IPART.

CARRIED UNANIMOUSLY

Review of Mobile Devices for Community Re-Use

File: S11623

Vide: GB.8

To introduce a new service associated with donating used mobile devices to charitable organisations.

RESOLVED:

(Moved: Councillors Spencer/Kay)

A. That Council initiates the replacement of the Mobile Muster Bins with Reconnect Project collection boxes at the Libraries and customer service area in the administration building.

B. The General Manager execute a memorandum of understanding outlining roles and responsibilities of both parties.

CARRIED UNANIMOUSLY

Sustainable Recreation Advisory Group Minutes - 4 April 2022

File: S13163

Vide: GB.9

That Council receive and note the minutes from the Sustainable Recreation Advisory Group (‘SRAG’) meeting held on 4 April 2022.

RESOLVED:

(Moved: Councillors Spencer/G. Taylor)

That Council receive and note the Sustainable Recreation Advisory Group minutes from 4 April 2022.

CARRIED UNANIMOUSLY

Ku-ring-gai High School - Northern Sydney & Beaches Hockey Association Proposal to Upgrade Existing Facilities

File: S13203

Vide: GB.13

The purpose of this report is to update Council on discussions with Northern Sydney and Beaches Hockey Association (NSBHA) and the Department of Education in relation to the proposal for a synthetic hockey pitch at Ku‑ring-gai High School.

Since Council last considered this matter in July 2021 there have been significant changes to what this project looks like and how the other parties see Council being involved going forward.

RESOLVED:

(Moved: Councillors Spencer/Kay)

A. That Council determines in principle that it is prepared to be licensee for the proposed synthetic field, being responsible for such things as:

a. bookings;

b. operational costs;

c. maintenance costs;

d. capital replacement, etc.

subject to agreement of suitable terms in a heads of agreement, licence agreement, and project deed (if necessary) with Schools Infrastructure NSW.

B. That Council advise Northern Sydney and Beaches Hockey Association that its financial contribution to this project is subject, but not limited to, provision of all the key elements of the concept plan considered by Council in July 2021, particularly an appropriate number of, and suitably located, off-street car parking spaces separate from those required by the school for its ordinary use.

C. That Council advises Northern Sydney and Beaches Hockey Association and Schools Infrastructure NSW that that its financial contribution to this project is subject, but not limited to, agreement of suitable terms in a heads of agreement, licence agreement and project deed (if necessary).

D. That Council quarantine its contribution of one million dollars ex GST until the determination of the 2021/22 Multi-Sport Community Facility Fund, after which the matter is reassessed.

E. That if Council proceeds it accepts the risk of project costs and financial commitment increasing.

For the Resolution: The Mayor, Councillor Pettett, Councillors Kay, Lennon, Ngai, Smith and Spencer

Against the Resolution: Councillors A. Taylor, G. Taylor, Ward and Wheatley

CARRIED

Planning Proposal for 8a, 14 and 16 Buckingham Road, Killara

File: S13022

Vide: GB.15

For Council to consider the private Planning Proposal that has been lodged for 8a, 14 and 16 Buckingham Road, Killara.

RESOLVED:

(Moved: Councillors Spencer/Kay)

A. That the planning proposal be amended in accordance with the recommendations in this report and Table of Amendments (Attachment A12).

B. That the planning proposal (as amended) be submitted to the Department of Planning and Environment for a Gateway Determination in accordance with section 3.34 of the Environmental Planning and Assessment Act 1979

C. That delegation be given to the General Manager and Director of Strategy and Environment to verify all amendments are in accordance with the recommendations in this report and Table of Amendments (Attachment A12) prior to forwarding to the Department of Planning and Environment.

D. That Council requests to be authorised as the local plan-making authority to exercise the functions under Section 3.36(2) of the Environmental Planning and Assessment Act 1979.

E. That a site-specific DCP be prepared in accordance with the details in this report, and Council’s Fees and Charges.

F. That upon receipt of a Gateway Determination, the public exhibition of the planning proposal and site-specific DCP is carried out in accordance with the requirements of the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000, the Gateway Determination and the Ku-ring-gai Community Participation Plan

CARRIED UNANIMOUSLY

Ku-ring-gai Public Domain Plan - Gordon - Post exhibition

File: S12249

Vide: GB.16

To present the draft Ku-ring-gai Public Domain Plan Volume 2 – Gordon for Council adoption.

RESOLVED:

(Moved: Councillors Spencer/Smith)

That Council adopt Ku-ring-gai Public Domain Plan Volume 2 (Gordon) as attached to this report.

CARRIED UNANIMOUSLY

72	Minutes of the February 2022 Flood Risk Management Committee Meeting File: S10746 Vide: GB.18
	For Council to consider and note the minutes of the Flood Risk Management Committee meeting held on 21 February 2022 (Attachment A1).
	RESOLVED: (Moved: Councillors Spencer/G. Taylor) That Council receives and notes the Minutes of the Flood Risk Management Committee meeting held on 21 February 2022 (Attachment A1). CARRIED UNANIMOUSLY
73	RFT4-2022 Kendall Village play space upgrade File: RFT4-2022/R Vide: GB.19
	To consider the tenders received for RFT4-2022 Kendall Village play space upgrade and to appoint the preferred tenderer.
	RESOLVED: (Moved: Councillors Spencer/Kay) That: A. Council accepts the tender submission from Tenderer ‘A’ to carry out the Kendall Village play space upgrade. B. The Mayor and General Manager be delegated authority to execute all tender documents on Council’s behalf in relation to the contract. C. The Seal of Council be affixed to all necessary documents. D. All tenderers be advised of Council’s decision in accordance with Clause 178 of the Local Government Tendering Regulation. CARRIED UNANIMOUSLY

RFT5-2022 Robert Pymble Park play space upgrade

File: RFT5-2022/R

Vide: GB.20

To consider the tenders received for RFT5-2022 Robert Pymble Park play space upgrade and to appoint the preferred tenderer.

RESOLVED:

(Moved: Councillors Spencer/Kay)

That:

A. Council accepts the tender submission from Tenderer ‘A’ to carry out the Robert Pymble Park play space upgrade.

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

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

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

CARRIED UNANIMOUSLY

RFT6-2022 Dukes Green play space upgrade

File: RFT6-2022/R

Vide: GB.21

To consider the tenders received for RFT6-2022 Dukes Green play space upgrade and to appoint the preferred tenderer.

RESOLVED:

(Moved: Councillors Spencer/Ngai)

That:

A. Council accepts the tender submission from Tenderer ‘A’ to carry out the Dukes Green play space upgrade.

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

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

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

CARRIED UNANIMOUSLY

Draft Community Strategic Plan - Ku-ring-gai 2032

File: S13365

Vide: GB.22

To seek Council’s endorsement to publicly exhibit the Draft Community Strategic Plan – Ku-ring-gai 2032

RESOLVED:

(Moved: Councillors Spencer/Smith)

A. That the report on the draft Community Strategic Plan – Ku-ring-gai 2032, be received and noted.

B. That pursuant to Section 402 of the Local Government Act 1993, the draft Community Strategic Plan – Ku-ring-gai 2032, be endorsed and placed on public exhibition for 28 days commencing Tuesday 3 May 2022.

C. That a copy of the draft Community Strategic Plan be forwarded to local members, relevant NSW Government agencies and other organisations as part of the public exhibition process.

D. That following public exhibition, a further report be submitted to Council to consider any submissions and recommendations and to endorse the Community Strategic Plan – Ku-ring-gai 2032.

CARRIED UNANIMOUSLY

77	Divestment of Council land at 47 Warrane Road Roseville Chase File: S09878 Vide: GB.11
	To obtain Council approval for the divestment of 47 Warrane Road, Roseville Chase.
	MOTION: (Moved: Councillors Smith/Kay) A. That Council approves the divestment of 47 Warrane Road, Roseville Chase in accordance with Council’s Acquisition and Divestment of Land Policy for sale by public auction once the land is formally rezoned to R2 in the Ku-ring-gai Local Environmental Plan 2015. B. That Council authorises the General Manager and/or his delegate to set the auction reserve price, which is to be established in accordance with advice received by two separate independent valuation reports. C. In the event the subject site does not achieve the reserve price set at auction that Council authorise the General Manager and/or his delegate to negotiate within a variance of 10% of the reserve price. D. That Council authorises the Mayor and General Manager to execute all documentation and affix the Council Seal if required, to all documents associated with the conveyance and any future transactions for the divestment of the land. E. That the net proceeds from the sale of 47 Warrane Road, Roseville Chase be allocated to Council’s Infrastructure and Facilities Reserve and utilised for projects budgeted to be funded from asset sales. AMENDMENT: (Moved: Councillors Ngai/A. Taylor) A. That Council does NOT approve the divestment of 47 Warrane Road by public auction once the land is formally rezoned to R2 in the Ku-ring-gai Local Environmental Plan 2015. The reasons for this are three-fold: i. Auction at R2 leads to a significant loss of ratepayer value and free money for property developers. A recent letter by the Department of Planning, Industry and Environment has stated that it is supportive of landowners / property developers who seek R3 in Roseville Chase (16 July 2021). ii. There is significant unmet demand for active and passive recreation space in the LGA and retaining at least part of 47 Warrane Road for recreation is a cost-effective means of meeting that demand. iii. There is a precedent set by other Sydney Metro councils to retain bowling club sites for recreation. Examples include West Epping Bowling (Hornby), Denistone East Bowling (Ryde), Northbridge Bowling (Willoughby), Artarmon Bowling (Willoughby), North Manly Bowling (Northern Beaches), Kensington Bowling (Randwick), Camperdown Bowling (Marrickville). B. That after this council meeting, Councillors and Council Officers should discuss options for maximizing ratepayer value with the objective of determining an approach by May or June. Options to include: i. A planning proposal to rezone the entire site at R3; ii. A planning proposal to rezone most of the land at R3 while retaining part of it for recreation; and iii. Retention of the entire site for recreation. Procedural Motion: That debate be ended and the Amendment put to the vote. (Moved: The Mayor, Councillor Pettett) For: The Mayor, Councillor Pettett, Councillors Lennon, Smith, Spencer, Ward and Wheatley Against: Councillors Kay, Ngai, A. Taylor and G. Taylor The Amendment was put and declared LOST. For the Amendment: Councillors Kay, Ngai, A. Taylor and G. Taylor Against the Amendment: The Mayor, Councillor Pettett, Councillors Lennon, Smith, Spencer, Ward and Wheatley Debate recommenced on the Motion. The Motion was put and declared CARRIED.
	RESOLVED: (Moved: Councillors Smith/Kay) A. That Council approves the divestment of 47 Warrane Road, Roseville Chase in accordance with Council’s Acquisition and Divestment of Land Policy for sale by public auction once the land is formally rezoned to R2 in the Ku-ring-gai Local Environmental Plan 2015. B. That Council authorises the General Manager and/or his delegate to set the auction reserve price, which is to be established in accordance with advice received by two separate independent valuation reports. C. In the event the subject site does not achieve the reserve price set at auction that Council authorise the General Manager and/or his delegate to negotiate within a variance of 10% of the reserve price. D. That Council authorises the Mayor and General Manager to execute all documentation and affix the Council Seal if required, to all documents associated with the conveyance and any future transactions for the divestment of the land. E. That the net proceeds from the sale of 47 Warrane Road, Roseville Chase be allocated to Council’s Infrastructure and Facilities Reserve and utilised for projects budgeted to be funded from asset sales. For the Resolution: The Mayor, Councillor Pettett, Councillors Lennon, Smith, Spencer, Ward and Wheatley Against the Resolution: Councillors Kay, Ngai, A. Taylor and G. Taylor

78	Council land - 97 Babbage Road Roseville Chase File: S09767 Vide: GB.12
	To report back to Council the conclusions of an independent ecological assessment of 97 Babbage Road, Roseville Chase.
	MOTION: (Moved: Councillors Smith/Ward) A. That Council proceed with the divestment of 97 Babbage Road, in accordance with Council’s Acquisition and Divestment of Land Policy; B. That Council authorises the General Manager and/or his delegate to seek further independent valuation advice for the purpose of setting a reserve price for sale by public auction, and to negotiate any contract terms and conditions required to protect Council’s interest. Negotiations are to follow the strict protocols and procedures set out in Council’s Acquisition and Divestment of Land Policy; C. Council authorises the Mayor and General Manager to execute all documentation associated with the conveyancing and any future transactions as set out within this report; and D. Council authorises the Seal of Council be placed on all necessary documentation if required. E. That the net proceeds from the sale of 97 Babbage Road, Roseville Chase be allocated to Council’s Infrastructure and Facilities Reserve and utilised for projects budgeted to be funded from asset sales. AMENDMENT (Moved: Councillors A. Taylor/Ngai) That staff bring an Urban Design Study report back to Council, which considers how 97 Babbage Road could be developed PROCEDURAL MOTION: That debate be ended and the Amendment put to the vote. (Moved: The Mayor, Councillor Pettett) CARRIED UNANIMOUSLY The Amendment was put and declared LOST. For the Amendment: Councillors Ngai, A. Taylor, G. Taylor Against the Amendment: The Mayor, Councillor Pettett, Councillors Kay, Lennon, Smith, Spencer, Ward and Wheatley Debate recommenced on the Motion. The Motion was put and declared CARRIED.
	RESOLVED (Moved: Councillors Smith/Ward) A. That Council proceed with the divestment of 97 Babbage Road, in accordance with Council’s Acquisition and Divestment of Land Policy; B. That Council authorises the General Manager and/or his delegate to seek further independent valuation advice for the purpose of setting a reserve price for sale by public auction, and to negotiate any contract terms and conditions required to protect Council’s interest. Negotiations are to follow the strict protocols and procedures set out in Council’s Acquisition and Divestment of Land Policy; C. Council authorises the Mayor and General Manager to execute all documentation associated with the conveyancing and any future transactions as set out within this report; and D. Council authorises the Seal of Council be placed on all necessary documentation if required. E. That the net proceeds from the sale of 97 Babbage Road, Roseville Chase be allocated to Council’s Infrastructure and Facilities Reserve and utilised for projects budgeted to be funded from asset sales. For the Resolution: The Mayor, Councillor Pettett, Councillors Kay, Lennon, Smith, Spencer and Wheatley Against the Resolution: Councillors Ngai, A. Taylor, G. Taylor and Ward

Gilroy Road Temporary Cycleway - Project Evaluation

File: S12998

Vide: GB.14

To consider the status of the temporary separated cycleway in Gilroy Road, Turramurra.

RESOLVED:

(Moved: Councillors Wheatley/Spencer)

That the pop-up cycleway in Gilroy Road be removed as soon as possible.

CARRIED UNANIMOUSLY

80	Lindfield Local Centre - Traffic Management Plan File: S12474 Vide: GB.17
	To advise Council that Transport for NSW (TfNSW) has given its concurrence to Council’s preferred traffic management scheme for Lindfield local centre; and to clarify the basis for funding and delivery of the proposed traffic management measures.
	MOTION: (Moved: Councillors A. Taylor/Ngai) A. Note that TFNSW has given concurrence to Council’s adopted traffic management option for Lindfield local centre B. Staff engage with representatives of St Albans church one final time to collaboratively identify any possible and mutually acceptable design for the intersection at Lindfield Avenue and Tryon Road C. Endorse the proposed road infrastructure, delivery mechanisms and funding recommendations as set out in Table 1 of this report subsequent to the final engagement with St Albans church D. Approve the use of proceeds from sale of Balfour Lane, Lindfield to cover shortfall in S7.11 funds and consistent with the requirements of the Roads Act 1993
	AMENDMENT: (Moved: Councillors Pettett/Spencer) A. Note that TFNSW has given concurrence to Council’s adopted traffic management option for Lindfield local centre B. Endorse the proposed road infrastructure, delivery mechanisms and funding recommendations as set out in Table 1 of this report C. Approve the use of proceeds from sale of Balfour Lane, Lindfield to cover shortfall in S7.11 funds and consistent with the requirements of the Roads Act 1993 The Amendment was put and declared CARRIED. For the Amendment: The Mayor, Councillor Pettett, Councillors Kay, Smith, Spencer and Wheatley Against the Amendment: Councillors Lennon, Ngai, A. Taylor, G. Taylor and Ward The voting being EQUAL, the Mayor exercised his Casting Vote IN FAVOUR of the Amendment The Amendment became the Motion The Motion was put and declared CARRIED.
	RESOLVED: (Moved: Councillors Pettett/Spencer) A. Note that TFNSW has given concurrence to Council’s adopted traffic management option for Lindfield local centre B. Endorse the proposed road infrastructure, delivery mechanisms and funding recommendations as set out in Table 1 of this report C. Approve the use of proceeds from sale of Balfour Lane, Lindfield to cover shortfall in S7.11 funds and consistent with the requirements of the Roads Act 1993 For the Resolution: The Mayor, Councillor Pettett, Councillors Kay, Lennon, Ngai, Smith, Spencer, A. Taylor, Ward and Wheatley Against the Resolution: Councillor G. Taylor

PROCEDURAL MOTION:

(Moved: Councillors Spencer/Kay)

That Standing Orders be suspended until a decision is made on NM.2 – Footpaths in Ku-ring-gai.

For the Resolution: Councillors Kay, Lennon, Ngai, Spencer, A. Taylor, G. Taylor Ward and Wheatley

Against the Resolution: The Mayor, Councillor Pettett, Councillor Smith

CARRIED

Motions of which due Notice has been given

Footpaths in Ku-ring-gai

File: S09113/11

Vide: NM.2

Notice of Motion from Councillor Smith, dated 8 April 2022

During my election campaign I had the privilege of meeting and listening to members of my community regarding many issues. One of the key themes I heard was the need for new footpaths to service our aging population, parents with prams who are developing our next generation and school children who need safe access to and from their school.

An assessment of the current footpath network reveals that there is a total of 398km of footpath across the LGA and sadly St Ives Ward has only 54km. It has been presented to Councillors that an additional 268km of footpath is required to ensure every street has at least one footpath.

Council has allocated $5.2m for footpaths in next year’s draft budget, of which $537,000 is allocated to new footpaths. This is a moderate increase from previous years however based on Council’s footpath prioritisation program only 6 streets will benefit from a newly constructed footpath.

If we are serious about improving access for our residents then the budget needs to increase substantially. Modelling shows that it would take about 88 years to build a footpath in every street if the annual budget was increased to $1m, 71 years if Council spent $1.25m and 59 years if Council spent $1.5m annually.

In my view, the need for footpaths is a priority and they need to be built as soon as possible whilst balancing funding for ongoing maintenance and upgrades.

I, therefore, move:

That all future budgets for new footpaths be increased to $1.25 million until every street in Ku-ring-gai has at least one footpath for the benefit of the community. Funding for the new footpaths is to be allocated from the annual footpath renewal budget which forms part of the overall footpath budget.

RESOLVED:

(Moved: Councillors Smith/Ward)

That the above Notice of Motion as printed be adopted.

For the Resolution: The Mayor, Councillor Pettett, Councillors Lennon, Ngai, Smith, Spencer, A. Taylor, G. Taylor, Ward and Wheatley

Against the Resolution: Councillor Kay

CARRIED

GENERAL BUSINESS

Draft Resourcing Strategy 2022 - 2032

File: S13637

Vide: GB.23

To seek Council’s adoption of two components of the Resourcing Strategy, being the Draft Asset Management Strategy and Draft Workforce Management Strategy in addition to endorsement of the Draft Long Term Financial Plan for public exhibition in accordance with the Local Government Act and Integrated Planning and Reporting Guidelines.

RESOLVED:

(Moved: Councillors Smith/Kay)

A. That the report on Council’s Draft Resourcing Strategy 2022 – 2032, incorporating the Long Term Financial Plan, Asset Management Strategy and Workforce Management Strategy be received and noted.

B. That Council adopt the draft Asset Management Strategy with changes from NM2 – Footpaths in Ku-ring-gai and draft Workforce Management Strategy.

C. Subject to changes from NM.2 that the draft Long Term Financial Plan be endorsed and placed on public exhibition concurrently with the draft Community Strategic Plan – Ku-ring-gai 2032 and draft Delivery Program 2022-2026 and draft Operational Plan 2022-2023 for a period of 28 days commencing Tuesday 3 May 2022.

D. That following public exhibition of the draft Long Term Financial Plan 2022-2032 a further report be submitted to Council for consideration of any submissions and its adoption for incorporation into the Resourcing Strategy 2022 – 2032.

CARRIED UNANIMOUSLY

Draft Delivery Program 2022 - 2026 and Draft Operational Plan 2022 - 2023

File: FY00382/14

Vide: GB.24

To seek Council’s endorsement to place Council's draft Delivery Program 2022-2026 and draft Operational Plan 2022-23 (incorporating the budget, capital works program and fees and charges for 2022-23) on public exhibition.

RESOLVED:

(Moved: Councillors Smith/Wheatley)

A) That pursuant to Sections 404 and 405 of the Local Government Act, 1993, the draft Delivery Program 2022-2026, and draft Operational Plan 2022-2023, incorporating the Budget, Capital Works Program and Fees and Charges for 2022-2023, be endorsed and placed on public exhibition for a minimum period of 28 days commencing Tuesday 3 May 2022 subject to changes from NM.2.

B) Additional Special Rates Variation:

That Council:

i) Apply under section 508(2) of the Local Government Act 1993 for a Permanent Additional Special Variation of 1.8% in 2022/23, in addition to the rates peg of 0.7%.

ii) Note that the Additional Special Variation will provide additional income of $1.27 million pa in 2022/23 and $14.3 million over 10 years.

iii) Endorse the requirement for the Additional Special Variation so that it may continue to fund planned expenditure in the Operational Plan, Delivery Program and Long Term Financial Plan and avoid cutting services and infrastructure renewal.

iv) Has considered the impact on ratepayers and the community in 2022/23 and in future years and considers that it is reasonable.

C) Asset Recycling

That Council note that the budget and update to the Long Term Financial Plan continues the financial strategy of using funds from the sale of existing property assets ($111m) for future capital works. If these asset sales are not realised, Council’s financial position will significantly deteriorate and require remedial action. Efforts to date in planning for asset sales have been contested and delayed.

D) Infrastructure Asset Renewal

That Council:

i) Note that insufficient funding is provided in the Long Term Financial Plan to improve and sustainably manage its existing infrastructure assets and meet community expectations.

ii) Consider a special rates variation in future years to provide additional revenue for core infrastructure renewal.

E) Marian St Theatre:

That Council:

i) Include $0.7m pa funding in the budget from 2024/25 onwards, for the future operating costs of the Marian St Theatre.

ii) Borrow $22m in 2022/23 on an interest only basis to fund the Marian St Theatre project so that construction may proceed without delay. The loan repayments will be met from general revenue until other property assets are sold to repay the loan in 2024/25.

iii) Note the change in financial strategy to initially fund this project from a loan rather than wait until property assets have been sold, and the associated increased financial commitment and risk.

iv) Acknowledge the risk of further increases to project costs in the redevelopment of this aged and specialised building.

F) St Ives Indoor Sports Centre:

That Council:

i) Note that the 2021/22 current year budget includes $13.5m loan borrowing to fund the St Ives Indoor Sports Centre project.

ii) Flag its intention to levy an Intergovernmental Project Special Rate in accordance with the Local Government Amendment Act 2021 No 11 Schedule 1.1(4) to fund the loan repayments, assumed to commence in 2023/24 once the Minister for Local Government has proclaimed the Amendment to commence. In the interim, the loan repayments will be funded from general revenue.

iii) Acknowledge the risk of further increases to project costs in the development of this specialised building with a complex delivery structure including construction managed by the NSW Government at Council’s cost.

G) Domestic Waste Management Charges:

That Council:

i) Note that IPART are consulting on changes to Domestic Waste Management Charges that may significantly reduce Council revenue.

ii) Flag its intention to apply to IPART for a Special Rates Variation to increase rates in 2023/24 to offset any reduction in revenue should policy changes be introduced impacting on Domestic Waste Management charges.

H) Development Contributions

That Council note that proposed changes to Development Contributions by the NSW Government may have a detrimental impact on planned future capital works.

I) That following public exhibition, a further report be submitted to Council to consider any submissions and recommendations and to adopt the Delivery Program 2022-2032 and Operational Plan 2022-2023, incorporating the Budget, Capital Works Program and Fees and Charges for 2022-2023.

CARRIED UNANIMOUSLY

Motions of which due Notice has been given

Illegal tree removal in Ku-ring-gai

File: CY00142/14

Vide: NM.1

Notice of Motion from Councillors Lennon and A Taylor, dated 7 April 2022

The endemic tree canopy remaining in Ku-ring-gai is unique in maturity and beauty. Unfortunately, Ku-ring-gai lost 2.4 percentage points of urban forest cover between 2013 and 2020 according to the Centre for Urban Research at RMIT University and Greener Spaces Better Places. During the same period, the Northern Beaches increased urban forest cover by +2.7 points.

One of the critical factors driving the loss of urban cover in Ku-ring-gai has been the illegal removal of trees. Council's current activities to address this issue include issuing penalty notices, criminal investigations, and pursuing consequences through courts of law. Unfortunately, the current penalty notices are not an effective deterrent and criminal investigations can be hampered by a lack of evidence. Council is looking to enhance current measures for pursuing investigations and preventing illegal removal through community education.

We, therefore, move:

That staff provide a briefing to councillors and provide a report back to the August 2022 Ordinary Meeting of Council with additional measures to reduce illegal tree removal.

RESOLVED:

(Moved: Councillors Lennon/A. Taylor)

That the above Notice of Motion as printed be adopted.

CARRIED UNANIMOUSLY

QUESTIONS WITH NOTICE

Account of losses and recovering costs from Support Marian Street Theatre Committee (or Philanthropist) resulting from NM3 of 15 February 2022 OMC

File: S12062

Vide: QN.1

QUESTION:

Question from Councillor for Wahroonga Ward Councillor Cedric Spencer dated 8 April 2022

Will the General Manager provide all costs resulting from delaying the Marian Street Theatre project from 15 February to 15 March 2022 and advice Council if he intends to recover the losses from Support Marian Street Theatre Committee (or Philanthropist) as submitted by Councillors Barbara Ward and Simon Lennon during their debate at the 15 February 2022 OMC?

1. In his speech, Councillor Simon Lennon said, among other things,

“So as I say with a heavy heart, I ask us to pause for three months to consider this work. Let me add to the philanthropists behind this, and that's a good word for funding this work, they're willing to put their hands in their pockets so there will be no cost to Council while this work is done. To produce ideas to then bring before council staff. To work with council staff, to work with architects and to work with the council together to make this exciting project even better. So, I commend the motion to you, thank you.”

2. In her response to a question by Councillor Christine Kay in relation to the assurance of costs, Councillor Barbara Ward said, among other things,

“Through you, Mr Mayor. No, it isn't in writing. However, the person who has come forward I have the utmost trust in him to deliver. I’m sure he'd be willing to give us a piece of paper if that is what was required, Councillor Kay”.

3. In closing, Mayor Pettett said, among other things,

“Okay. So, Councillor I’ll just jump on top of that one. You've actually got a verbal go-ahead, shall we say? Obviously you can vouch for this person and are very comfortable with them? Councillor Kay, any further questions?”

RESPONSE:

The Director Strategy and Environment provided a verbal response at the meeting and has provided the following for the minutes:

Work was recommended on the Marian Street Theatre Design and Documentation late in March, following the OMC on 15 March. A full billing month will not occur until the end of April, consequently Council has not been billed for any costs associated with project deferral at this point in time. Councillors will be updated upon receipt of the April project invoice.

Inspections– SETTING OF TIME, DATE AND RENDEZVOUS

GB.10 Marian Street Theatre TBA

CONFIDENTIAL MATTERS

NSW Heritage Act 1977

File: S10066

Vide: C.1

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

Section 10A(2)(e) of the Act permits the meeting to be closed to the public for business relating to information that would, if disclosed prejudice the maintenance of law.

This matter is classified confidential under section 10A(2)(e) because it

It is not in the public interest to release this information as it would prejudice the maintenance of law.

Report by Manager Urban & Heritage Planning dated 5 April 2022

Resolved:

(Moved: Councillors Spencer/Kay)

Council resolves to proceed in the manner outlined in the report.

CARRIED UNANIMOUSLY

The Meeting closed at 9:33PM

The Minutes of the Ordinary Meeting of Council held on 26 April 2022 (Pages 1 - 30) were confirmed as a full and accurate record of proceedings on 24 May 2022.

__________________________ __________________________

General Manager Mayor / Chairperson

Ordinary Meeting of Council - 24 May 2022	GB.1 / 1

Item GB.1	S09438

Business Engagement Update 2022

EXECUTIVE SUMMARY

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

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

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

recommendation:	That Council receive and note this report.

Purpose of Report

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

Background

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

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

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

Comments

Introduction

Council has had a long-standing commitment to supporting local businesses in Ku-ring-gai and undertook several initiatives to do so in 2021. Council collaborates with government, other councils, and peak bodies to maximise benefits whilst building relationships and a strong reputation for supporting local business.

Business support/economic development activities in 2021 included:

· Business engagement event program mixing face to face and virtual sessions

· Joining the national Go Local First Campaign

· Establishment of a Destination E-newsletter

· Further developing the home-based business support program

· Health ecosystem research

· Local Business Awards

· Ongoing communications via the Business Connections E-news

Further details are outlined later in this report

Statistics regarding businesses in Ku-ring-gai

Businesses in Ku-ring-gai

The following statistics are derived from the Australian Business Register (ABR), data accurate on 21 April 2022.

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

a) Total businesses registered- 46,687

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

1) Professional, Scientific and Technical Services – 22%

2) Financial and Insurance Services – 18%

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

New businesses in 2021

New businesses registered in Ku-ring-gai– 4,420 (5% increase on new starts in 2020)

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

The top three industry categories represented (making up 46% of total) were:

1) Professional, Scientific and Technical Services – 21%

2) Financial and Insurance Services – 15%

3) Rental, hiring and real estate Services– 9%

The following graph details the top ten categories of new business starts over the past 7 years.

Graph 2— New ABN registrations in Ku-ring-gai by type since 2015 (based on 7 year top ten industry categories)

New business registrations in 2021

Sectors with increasing new starts (percentage increase compared with 2022 new starts)

· Rental, Hiring and Real Estate Services - 32%

· Financial and Insurance Services - 28%

· Transport and Warehousing – 27 %

Sectors with decreasing new starts (percentage increase compared with 2022 new starts)

· Arts and Recreation - 23% decrease

· Retail – 17% decrease

· Administration and support service – 13% decrease

New starts compared to longer term trends

2021 generally saw higher numbers of new starts in the largest business categories compared with the six-year trend. For example, Transport, Postal and Warehousing new starts were 58% hirer than the six-year trend for new start in this sector. Arts and Recreation Services new starts were 14% below the six-year average, which may be attributable to COVID restrictions and their impact in this sector.

Graph 3— 2021 new business registrations compared to six-year average % (based on 6-year top ten categories)

Employment in Ku-ring-gai

Based on 2021 figures

1) Local Jobs – 37, 712 (Source NIER 2021)

2) Employed residents – 67,451 (Source NIER 2021)

3) Top three industry sectors for employment (Source NIER 2021)

o Health Care and Social Assistance - 25.5% (up 1.5% since 2019)

o Education and Training - 22.6% (up 2.6% since 2019)

o Professional, Scientific and Technical Services - 10.7% (down 1.3% since 2019)

Employment trends since 2015

Overall, since 2015/16 there has been a 7% increase of jobs in Ku-ring-gai (1,826) (source NIER 2021)

The top 3 growing sectors in that time are:

1. Education and training – 1781 new jobs

2. Health Care and Social Assistance – 1440 new jobs

3. Construction – 728 new jobs

The top three sectors losing jobs since 2015/16 are:

1. Retail trade – 581 less jobs

2. Accommodation and food service – 357 less jobs

3. Administration support services – 245 less jobs

Business survey

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

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

Survey participation

· 365 people completed the survey (up from 308 in 2020)

· Top three business sectors represented:

1) Professional, Scientific and Technical Services - 19%

2) Other Services - 14%

3) Financial and Insurance Services – 10%

· Most represented business locations – Turramurra, St Ives and Wahroonga

· 84% had five employees or less with 42% being sole traders,

Key findings

Business Sentiment

Rating Council

Other Feedback

• Overall sentiment about current and future business conditions was slightly worse (7%) than in the 2020 survey

• COVID 19 continues to have a negative impact on 64% of businesses surveyed (up from 55% in 2020 survey). 14% were positively affected.

• 36% indicated good business performance currently (down from 41%% in 20202), 37% fair and 25% poor with remainder unsure.

• 44% felt business would be better in the next 12 months, with 13% worse

• 42% thought the Ku-ring-gai economy will be performing better than now in 12 months (down from 48% in 2020)

• 25% indicated that they were experiencing a skills shortage (up from 16% in 2020)

· 58% were at least somewhat satisfied with the level of attractiveness and vitality of local centres (17% were dissatisfied. 25% did not know.

· 75% of those that gave a rating were at least somewhat satisfied with Council’s regulatory services. (a decrease from 77% in 2020)

· 78% of those that gave a rating about business engagement were at least somewhat satisfied (down from 82% in 2020)

· 71% of those that gave a rating were at least somewhat satisfied with other Council initiatives to partner and support local business.

· Awareness and attendance of the business events program has decreased – this may reflect business willingness to participate in virtual events due to ‘zoom fatigue’

· In relation to events, sales and marketing, business development and planning where of greatest interest.

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

· 44% of survey participants indicated interest in participating in further engagement with Council to plan for future economic development initiatives

Actions

Council’s business events program has been largely online due to COVID. Feedback received via the survey and through local business networks indicates ‘Zoom fatigue’ with less people willing to spend time at virtual events – a desire for reconnecting face to face is evident. Council will look at rolling out more face-to-face events later in 2022.

The business survey indicated a level on interest in businesses supporting Council in developing new initiatives to support business. A business workshop focusing on local economic development will be run in mid-2022 that will build on business survey feedback and the revised Community Strategic Plan. This will include methods to more effectively connect with businesses as there is evidence that awareness of council’s business engagement activity has reduced slightly.

Council’s business engagement events program

Business Events –2021

Council continued its business events program in 2021. Learning from experience and feedback from 2020 event attendees, a mixture of face-to-face and virtual events were planned. The focus was driven by feedback from business which indicated that more tailored support was needed to help businesses work though the uncertainly of the COVID pandemic.

The program was significantly impacted by COVID lockdowns in the second half of the year. A number of events were cancelled or postponed. In addition, the appetite for virtual sessions seemed to diminish with ‘Zoom fatigue’ apparent.

The following table outlines events delivered in 2021.

Date	Event	Details
February	Peer to peer mentoring sessions (virtual) - 3 sessions	Tailored supported was offered via a process of mentoring delivered in partnership with the MAP Institute and City of Ryde Council to deliver facilitated peer to peer advisory sessions. 35 Ku-ring-gai based businesses went through the virtual program.
4 March	Mentoring Networking Event (in person)	Held at Macquarie University with businesses from the City of Ryde area
30 April	Beyond COVID Business Planning workshop	Half-day session which saw 31 local business undertake an intense business planning workshop designed to assist attendees prepare for the next 12-24 months, examining areas of focus, and identifying potential challenges/opportunities. 50+ attendees.
19 May	Using demographic data to plan your business	Delivered with ID (provider of Economy ID - Council’s demographic data supplier) businesses were guided through the Economy ID tool and how to use it in business planning. 20 attendees.
24 June	Digital Marketing Workshop (Virtual)	How digital marketing has been impacted by COVID and how to use it to reach customers – 45 attendees
July	Peer to peer mentoring sessions (virtual) - 3 sessions	Repeated as in February but a Ku-ring-gai only program with 30 local businesses participating.
21 July	Service NSW briefing	Service NSW presented existing and emerging government financial and other support available for local businesses – 25 attendees
24 August	Wellbeing workshop	Set up to address mental and physical health and how important this is for success in running a business. 45 attended
September	Home Based Business – Virtual workshops (x2)	In partnership with the MAP Institute and City of Ryde Council 3 sessions were organised to bring home based business together online. Due to low demand only 2 sessions were delivered. Approx. 40 attended the two session
26 November	Grants workshop (Virtual	Delivered in partnership with City of Ryde, businesses were guided through online grants tools to support business funding. 15 business attended.
9 December	Digital Marketing half day training session	Building on the June workshop this in depth training session took a deeper dive in to how to apply the digital marketing tools available. 20 businesses attended

Other business engagement/ economic development related projects

Go Local First Campaign

In August 2021, Council joined the Go Local First campaign. The national campaign is run by the Council of Small Business Organisations Australia (COSBOA). Go Local First started in 2020 to help small business deal with the challenges of COVID-19. Ku-ring-gai was the first council in Sydney to get behind this national campaign in 2021 and has more local businesses signed up than any other local government area in NSW. Nearly 100 businesses are participating, and Council is collaborating with the Council of Small Business Organisation Australia to promote local participants.

Local Business Awards

In November, local Ku-ring-gai businesses were recognised in the Hornsby Ku-ring-gai Local Business Awards of which Council is a sponsor. The 2021 Local Business of the Year was Ku-ring-gai based Kiplings Garage Bar.

Destination E-newsletter

The Destination Connections E-newsletter was to provide tourism and visitor related businesses access to relevant Council, other government and peak body related information, in particular Destination NSW initiatives.

Home based business support

In 2020 council worked with Regional Development Australia (Sydney) supported by the NSW Small Business Commission to undertake research into the local Ku-ring-gai home-based business sector. The research informed a workshop held in April 2021 to discuss supporting home-based businesses was attended by 5 local Councils and the organisations mentioned above. Council staff are now working with colleagues at City of Ryde Council to implement a program of support and event for home-based business involving other north shore Councils where possible. This will likely commence in 2022/23 financial year due to available time and funding.

Health Eco System research

In late 2021 Ku-ring-gai developed a research project with Willoughby Council to investigate the local health ecosystem. The project was expanded to include City of Ryde and North Sydney Council and is a preliminary study to assist councils develop plans to better support the biggest employment sector in Kuring-gai.

The report that is currently being finalised, will inform future strategic planning (including employment lands study) as well as projects to actively support the local health and aged care sector. The first of these is now in planning, staged in partnership with other northern Sydney Councils, the federal Local Jobs Program and Regional Development Australia Sydney and focusing on better connecting aged employers and employees.

Ongoing communications via the Business Connections E-news

Monthly and sometimes more frequent e-newsletters are distributed to local businesses to stay informed about Council and other relevant programs and services. In 2021 subscribers increased by 113 (7%) to 1644 with 13 newsletters being distributed. In addition, 2 Business Bulletin E-newsletters were distributed to all Ku-ring-gai registered ABN holders (20K plus) providing information about events and research projects.

Conclusion

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

The local business community has faced many challenges over the past 2 years. Ku-ring-gai’s economy has fared better than many other areas, however based on feedback, challenges remain and business confidence about the future has diminished. Council will work to support business in collaboration with other agencies to ensure that can access support available and provided the knowhow to navigate the rapidly changing economy.

integrated planning and reporting

THEME 5 - Local Economy and Employment

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
Long Term Objective E1.1: Ku-ring-gai is an attractive location for business investment.	E1.1.1: Ku-ring-gai’s opportunities and assets are promoted and strengthened to attract business and employment to the area.	E1.1.1.1: Continue to provide opportunities for local businesses to be involved in the planning for delivery of centre upgrades including matters outlined in the public domain plans.
		E1.1.1.3: Continue to engage and collaborate with the local business community on economic development priorities, actions and relevant issues
		E1.1.1.4: Continue Council’s comprehensive business engagement events program.
	E2.1.1: Ku-ring-gai’s business community, government agencies and regional partners are working in an effective and integrated way to strengthen and develop Ku-ring-gai’s local economic base.	E2.1.1.1: Collaborate with other local councils, NSW State Government, and other stakeholders to identify and implement initiatives to support local businesses.
		E2.1.1.2: Work with Service NSW to promote Service NSW for Business and improve access to local Service NSW Business Concierge Services.

Governance Matters

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

Risk Management

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

FINANCIAL CONSIDERATION

Business engagement is funded within the Community budget.

Social Considerations

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

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

Environmental Considerations

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

Community Consultation

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

Internal Consultation

No internal consultation is required for this report.

Summary

Council has had a long-standing commitment to supporting local businesses. In 2021 a range of business events and programs were delivered covering tackling a range of topics from marketing and business planning through to wellbeing strategies. Council also sought to connect businesses with other government agencies and make them aware of financial and other support available, relating directly to COVID grants/funding and other assistance.

Council also joined the national Go Local First Campaign, being the first metro Sydney Council to do so. It also worked with other north shore Councils to undertake research in the health care sector with a view to expanding this work in 2022 to connect local employers and workers in the health and social care sectors.

Council will continue to work to support local business in 2022, where possible collaborating to maximise benefit at the lowest possible cost. All projects are informed by expertise provided by local and business stakeholders, with Council continuing to build relationships and a strong reputation for supporting local business.

Recommendation:

A. That Council receive and note this report.

William Adames

Community & Business Engagement Co-ordinator

Virginia Leafe

Manager Corporate Communications

Janice Bevan

Director Community

Ordinary Meeting of Council - 24 May 2022	GB.6 / 1

Item GB.6	S09112/10
	28 March 2022

2021 - 2022 Budget Review - 3rd Quarter ended March 2022

EXECUTIVE SUMMARY

Purpose of report:	To inform Council of the results of the second 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 31 March 2022.

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 improve the forecast operating result (excluding capital items) by $34k compared to revised budget, due to 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 the March 2021/22 Quarterly Budget Review and the recommended changes are received and noted.

Purpose of Report

Background

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

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

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

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

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

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

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

At the Council meeting held on 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 third quarter of 2021/22 and forecasts an end of financial year position by recommending budget adjustments to operating and capital budget.

Proposed adjustments to forecast budget

Budget adjustments proposed in this review will improve the forecast operating result (excluding capital items) by $34k compared to revised budget after adjusting income and expenditure. All proposed budget adjustments have been fully funded from various sources as detailed in this report.

Operating Income

The proposed net decrease to the operating income of $154k is mainly due to reduced Fitness and Aquatic Centre (KFAC) fees and parking fines offset by increased tennis income and State Library per capita grant as detailed below:

· Net decrease in “User fees” ($255k) mainly due to:

§ Decreased KFAC fees ($200k), car parking fees ($70k), Building unit permits and inspection fees ($65k), Art Centre Fees ($60k) fully offset by savings in contractors expenditure ($60k),

§ Offset by increased Tennis fees ($100k), Area Ranger permit fees ($30k) and Wildflower Garden fees ($11k).

· Net decrease in “Other revenue” ($17k) mainly due to:

§ Decreased parking fines ($120k) and fire safety fines ($83k),

§ Offset by income received for Better Business Partnership program ($130k), increased animal control registration fees and fines ($26k) and area rangers load limit fines ($30k).

· Net increase in Operating grants and contributions ($118k) mainly from:

§ State Library per capita grant ($107k),

§ Contributions to Shoreshocked event ($26k),

§ Grants received for Small Business Month ($3k),

§ Partly offset by decrease to Road Maintenance Block Grant ($18k).

Operating expenditure

· The proposed net decrease to the operating expenditure ($188k) is mainly due to savings in materials and contracts, interest expense and other expenses. This has been partly offset by allocation of expenditure budget for operational projects funded from contributions/grants received, as detailed below:

· Net decrease in Materials and contracts ($205k) mainly due to:

§ Reduced IT lease costs ($91k) offset by increased minor IT equipment costs ($50k) and non-PABX phone charges ($41k) in “other expenses” category,

§ Decreased development assessment contractors ($100k),

§ Decreased Art Centre contractors ($60k) offset by decreased Art Centre fees ($60k),

§ Transfer of recurrent budget to Shoreshocked event ($5k).

· Decrease in Other expenses ($44k) due to:

§ Less commissions paid for parking infringements ($85k) resulting from less parking infringements issued and increase in non-PABX phone charges ($41k).

· Decrease in Borrowing Costs ($50k) due to less than budgeted interest.

· Increased operational projects expenditure ($111k) mainly due to:

§ Better Business Partnership($130k) funded from income from partner councils,

§ Shoreshocked event ($31k) funded from transfer from recurrent budget ($5k) and contributions from other councils ($26k),

§ Small Business Month event ($3k) funded from grants,

Partly offset by:

§ Reduction of Road Maintenance Block grant ($18k)

§ Transfer budget to capital projects ($35k) fully funded by the environmental levy (project reclassification).

Capital Budget

Major adjustments to the capital budget are due to:

· Budget brought forward from future financial years funded from S7.11 development contributions ($4.96m) for land acquisition.

· Net increase in project costs which are funded from grants received for: February 2022 Storms and Floods Damage ($1m), Local Roads and Community Infrastructure Phase 3 grant ($570k), Hassall Park grant ($50k), other minor grants for sport and recreation facility upgrades ($109k). Partly offset by decreased (Actual received compared to budgeted) grant for Turramurra Memorial Park Pavilion Upgrade ($155k),

· Reclassification of an operational project to capital project ($35k) fully funded by the environmental levy.

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 December Quarterly Budget Review.

Attachment A2 summarises all proposed budget adjustments for Projects.

The table below splits the current budget by six themes identified within Council’s 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 March Investment Report is $201m.

A detailed Restricted Assets Report as at March 2022 (Actual) is shown in Attachment A1.

Contracts and Consultancy Expenses

Capital & Operational Projects Summary

Actual expenditure for capital and operational projects for the period ending 31 March 2022 is ($41.8m) against the full year revised budget of ($121m). The March review increases the forecast project budget by ($6.7m), mainly due to budget brought forward from future years (funded from S7.11) and grants received.

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 $6.68m. The most significant variations and projects proposed for adjustment are listed below:

· S7.11 funded projects brought forward:

· CP2010 Land acquisition ($4.96m).

· Allocation of expenditure budget due to grants and contributions:

· February 2022 Storms and Floods Damage ($1m),

· Local Roads and Community Infrastructure Phase 3 grant ($570k),

· Hassall Park grant ($50k),

· Other minor grants for sport and recreation facility upgrades ($109k),

· Partly offset by decreased grant for Turramurra Memorial Park Pavilion Upgrade ($155k).

· Other adjustments:

· Transfer from operating projects ($35k) fully funded from environmental levy.

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.

Local Government Recovery Grants - February 2022 Storms and Floods

In March 2022 the NSW Government, in partnership with the Commonwealth, has announced significant recovery funding targeted at disasters declared under the Disaster Recovery Funding Arrangements (DRFA) – assistance for local government areas. As part of this initiative Council received an upfront payment of $1 million to assist in undertaking immediate recovery activities as a result of recent storms and floods in the LGA.

The proposed allocation of these funds is provided below:

Location	Description	Amount
Lady Game Drive	Repair of damaged storm water line to prevent road flooding and future road closures	$30,000
Wentworth Avenue Killara	Repair of storm damaged council easement to prevent ongoing flooding of private residences	$50,000
Auluba amenity block	Repair of storm damage and increase stormwater retention and to prevent local flooding	$250,000
Eastern Arterial Road Killara Bicentennial Park Pymble Archbold Road Roseville	Geotech reports for landslip areas	$100,000
Gordon Golf Course	Repair of storm damaged roof	$110,000
EOC upgrade	Upgrade of Hornsby Ku-ring-gai EOC and establishment of backup EOC at Ku-ring-gai Depot	$80,000
Lovers Jump Creek	Improvements to culvert under Pentecost Avenue to prevent flooding and road closures in future storm events	$200,000
Bobbin Head Road Turramurra	Stormwater improvement works to prevent local flooding	$180,000
	TOTAL	$1,000,000

Statement by Responsible Accounting Officer

It is my opinion that the Quarterly Budget Review Statement for Ku-ring-gai Council for the quarter ended 31 March 2022 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.

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 improve the forecast operating result (excluding capital items) by $34k compared to revised budget, due to 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 the March 2022 Quarterly Budget Review and the recommended changes be received and noted.

Angela Apostol

Manager Finance

Mette Kofoed

Strategic Management Accountant

David Marshall

Director Corporate

Attachments:	A1⇩	Attachment A1 - Restricted Assets Report - March 2022		2022/113167
	A2 ⇩	Attachment A2 - Summary of Capital and Operational Projects Budget Adjustments - March 2022		2022/113427

Ordinary Meeting of Council - 24 May 2022	GB.12 / 1

Item GB.12	S12249

Ku-ring-gai Public Domain Plan - St Ives - draft for public exhibition

EXECUTIVE SUMMARY

purpose of report:	To seek Council approval to exhibit the draft Ku-ring-gai Public Domain Plan – Volume 2 – St Ives.

background:	The Town Centres Public Domain Plan, 2010 (PDP 2010) has been in effect for 12 years and has served Council well, enabling the delivery of a number of projects through funding collected from development contributions A review of the PDP 2010 has been undertaken to reflect changing community needs, recent State Government guidelines and standards, and the priorities and actions within the Ku-ring-gai Local Strategic Planning Statement.

comments:	The draft Ku-ring-gai Public Domain Plan Volume 2 (St Ives) follows the adoption of Ku-ring-gai Public Domain Plan Volume 1, Volume 2 - Turramurra and Volume 3 – Technical Manual on 15 March 2022 and Volume 2 - Gordon, adopted on 26 April 2022. The exhibition of the draft plan provides the community an opportunity to understands Council’s vision for St Ives Local Centre public domain areas and to provide comment.

recommendation:	That Council adopt the draft Ku-ring-gai Public Domain Plan – Volume 2 - St Ives for public exhibition and after the exhibition a report be brought back to Council with the results of public submissions.

Purpose of Report

To seek Council approval to exhibit the draft Ku-ring-gai Public Domain Plan – Volume 2 – St Ives.

Background

On November 23, 2010, Ku-ring-gai Council adopted the Ku-ring-gai Council Town Centres Public Domain Plan 2010 (PDP 2010); the Plan has been in effect for 12 years and has served Council well, enabling the delivery of a number of projects through funding collected from development contributions. Delivered projects for St Ives include the upgrade existing centre parks including the St Ives Village Green and Putarri Reserve. Works currently underway include the upgrade and expansion of Bedes Forest.

Revision of the PDP 2010 was necessary to reflect changing community needs, recent State Government guidelines and standards, and the priorities and actions within the Ku-ring-gai Local Strategic Planning Statement.

An updated Ku-ring-gai Public Domain Plan (KPDP) has progressively been prepared, exhibited to the public and adopted by Council. The Ku-ring-gai Public Domain Plan Volume 1, Volume 2 – Turramurra (only) and Volume 3 – Technical Manual were adopted at the Ordinary Meeting of Council, 15 March 2022. KPDP Volume 2 – Gordon was adopted at the Ordinary Meeting of Council, 26 April 2022.

This report represents the draft KPDP Volume 2 – St Ives only for public exhibition.

Comments

This report presents the following sections of the draft Ku-ring-gai Public Domain Plan:

- Volume 2 – St Ives Public Domain Plan (Attachment A1)

The draft Ku-ring-gai Public Domain Plan has been prepared to provide guidance on the planning, design and construction of streets, roads, parks, car parks and other public spaces. The document sets out:

· objectives for each local centre

· desired future character

· concept designs for streetscapes and public open spaces and

· nominates examples of appropriate street trees

The St Ives public domain plan provides concept plans for the St Ives local centre. To ensure a coherent, well-coordinated rollout of the concept design and desired future character of the local centre, it is vital that all contributors adhere to the concept design and deliver a quality outcome.

The KPDP provides guidelines and concept designs for all stakeholders, planners, designers and developers – public or private, large or small scale – who intend to carry out works within the public domain areas of the Ku-ring-gai Local Centres. The KPDP must be read in conjunction with the Local Environment Plan, the Development Control Plans and the Ku-ring-gai Contributions Plan 2010.

Artist’s impression Mona Vale Road – south side retail strip

The vision for St Ives is “promoting St Ives Local Centre as an active green lifestyle and shopping destination”.

Key Features

Key features of the draft St Ives public domain plan include following:

- Upgrade to Memorial Avenue with shared path along the St Ives Village Green, infill tree planting, formalised pedestrian crossing points, and traffic calming measures.

- Upgrade to Village Green Parade for improved connections between the Shopping Village and the Village Green plus a shared path and new street tree planting.

- Upgrade to Stanley Street retail precinct.

- Upgrade to Rotary Park.

- New urban park near the Old School building to improve the curtilage of the building.

- Adjustments to car parking areas for improved movements and opportunities for multipurpose usage.

- Bedes Forest expansion and upgrade.

- Upgrades to Mona Vale Road corridor with signalised intersection to align with possible redevelopment of the Shopping Village and / or car park.

- New signalised intersection at Cowan Road and Killeaton Street.

- Changes to Rosedale Road for one-way southbound traffic between Mona Vale Road and Porters Lane with increased verge planting and on-street parking to off-set loss of parking near the community centre.

- Improved bicycle links to and around the local centre.

- New paving, street furniture and additional tree planting.

- Opportunities for outdoor dining throughout the centre, where possible.

- Under grounding of powerlines in selected streets and new street lighting.

The proposed traffic changes for the St Ives Local Centre align with Council’s endorsed traffic plan prepared in 2008 which was supported in principle by the then Roads and Maritime Services. A new traffic study is proposed for St Ives Local Centre and will inform the public domain outcomes at that time. Any proposed traffic changes until that time will be designed in conjunction with Transport for NSW, particularly regarding any works along Mona Vale Road and signalised intersections.

The delivery of the public domain renewal projects will be led by Council and largely funded through development contributions. Funding is currently available for a number of projects identified in the KPDP however, many are not and will require the continued collection of development contributions to realise all listed projects. Delivery of some portions of the public domain works will rely on redevelopment of adjoining sites with works completed via Voluntary Planning Agreements or Works-in-Kind type agreements.

Projects currently identified under the Ku-ring-gai Contributions Plan 2010 will be prioritised for delivery. Additional projects will be added as Development Contribution funding becomes available. Streetscape projects for St Ives programmed for delivery within the next five years is the precinct bounded by Mona Vale Road, Stanley Street, Porters Lane and Memorial Avenue/Rosedale Road including Rotary Park, Memorial Park and the ‘Old School’ area on Stanley Lane.

It must be noted that the plan presented in the KPDP are high-level concept plans that represent desired long-term outcomes. In most instances additional funding or further studies, collaboration with Transport for NSW, changes to the LEP and DCP or targeted community consultation, or all of these, will be required to realise these designs. Though the design intent has been demonstrated, the final design may be delivered differently.

The draft Ku-ring-gai Public Domain Plan Volume 2 (St Ives) follows the adoption of Ku-ring-gai Public Domain Plan Volume 1, Volume 2 (Turramurra) and Volume 3 – Technical Manual on 15 March 2022 and then Volume 2 (Gordon) adopted on 26 April 2022. The exhibition of the draft plan provides the community an opportunity to understands Council’s vision for St Ives Local Centre public domain areas and to provide comment.

Artist’s impression Memorial Avenue with an upgraded Rotary Park on the right-hand side

integrated planning and reporting

Places, Spaces and Infrastructure

Focus area P4: Revitalising our centres

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

Long Term Objective P4.1: Our centres offer a broad range of shops and services and contain lively urban village spaces and places where people can live, work, shop, meet and spend leisure time.

P4.1.1: Plans to revitalise local centres are being progressively implemented and achieve quality design and sustainability outcomes in collaboration with key agencies, landholders and the community

P4.1.1.1: Implement the Ku-ring-gai Public Domain Plan and Technical Manual and review and update as required.

P4.1.1.3: Actively engage with residents, key agencies, landholders, businesses and other stakeholders to assist with the delivery of the Public Domain Plan.

P4.1.1.5: Prepare streetscape and park concept plans for identified precincts in St Ives, Pymble and Roseville local centres consistent with the Public Domain Plan. P4.1.1.7: Integrate all transport modes for the primary local centres through the Public Domain Plan, traffic and transport studies in collaboration with Transport for NSW (TfNSW).

Governance Matters

The Ku-ring-gai Public Domain Plan is consistent with the following strategies and plans:

NSW Government

· North District Plan

· Cycleway Design Toolbox 2020

· Austroads Guide to Road Design Part 6A: Paths for Walking and Cycling 2021

· NSW Government Movement and Place Framework

· Transport for NSW Road User Space Allocation Policy

· NSW Crime Prevention Through Environmental Design Guidelines

Ku-ring-gai Council

· Ku-ring-gai Local Strategic Planning Statement

· Ku-ring-gai Development Control Plan

· Ku-ring-gai Community Strategic Plan 2038

· Ku-ring-gai Contributions Plan, 2010

· Activate Ku-ring-gai Program

· Ku-ring-gai Town Centre Public Domain Plan 2010

· Draft Ku-ring-gai Pedestrian Access and Mobility Plan

· Access and Disability Inclusion Plan 2020 -2024 and

· Ku-ring-gai Council Climate Change Policy 2020

· Ku-ring-gai Public Domain Plan Volume 1, Volume 2 and Volume 3.

Artist’s impression Stanley Street retail strip with Stanley Lane on left side

Risk Management

One risk to the delivery of public domain improvements is the potential slowing of Development Contributions, and funding that may fall short of the cost of the proposed works in the KPDP. Funds are currently available for some projects however the complete delivery of proposed works will rely upon further development contributions and possibly grant money from the State Government. Some elements of the KPDP rely upon redevelopment to deliver outcomes shown in the Plan. The KPDP also foreshadows amendments to the Ku-ring-gai DCP to incorporate setbacks and land dedication in certain locations. These amendments will be made during reviews or ‘housekeeping’ amendments to the KDCP.

A further risk is the proposed restructuring of the infrastructure contributions planned by NSW Government. The restructure may reduce the amount of contributions Council may collect from developments for the purposes of streetscape improvements, this is because public domain works are currently excluded from the Essential Works List which will become mandatory for all Contributions Plans.

Another risk is the reaction from residents regarding proposed changes to the public domain of the local centre. The public exhibition along with the review and assessment of community comments will assist in delivering a public domain plan that is to the satisfaction of the St Ives community.

Financial Considerations

Strategy and Environment staff have been working with Finance Department and Operations to establish a five-year program to deliver streetscape upgrades across the Local Centres. There are currently development contribution funds available for the projects for the period 2022-2025.

Local Centre Streetscape Improvements Program
Local Centre	location	Proposed works	LTFP funds (S 7.11)	Commence construction
St Ives	Bedes Forest Reserve corner Stanley Street and Yarrabung Avenue	Expansion and upgrade of existing park	Approximately $2.5M	2023-24
St Ives	Precinct bounded by Mona Vale Road, Stanley Street, Porters Lane and Memorial Avenue/Rosedale Road and including: - Rotary Park, Memorial Park - the ‘Old School’ area on Stanley Lane.	Streetscape works, park upgrades, new pedestrian precinct, road modifications	Approximately $10M	2024-25

Consultant quantity surveyors will prepare preliminary cost plans, of all the works proposed in the draft KPDP, including funded and unfunded projects. These costings will inform the development of future work programs as well as any future amendments to the Ku-ring-gai Contributions Plan, or preparation of a new contributions plan.

The staging of the works will be prepared once a cost report has been completed by a quantity surveyor. This will ensure the scope of proposed streetscape works is consistent with the available budget. Possible changes to development contributions being contemplated by the State Government may curtail revenue in the outer years of the Long Term Financial Plan which may require adjustments to projects. Likewise, reliance of the “pooling” provisions in the 2010 contributions plan may result in funds for some projects not being available in later years if funds are not repaid.

Social Considerations

Improved public domain environments will encourage walking and cycling by residents that could potentially increase community health and increase the chances of meeting and interacting with others in the community. Upgraded pedestrian movement corridors and crossing points will improve safety in the local centres.

Improved street environments and enabling increased outdoor dining will encourage residents and visitors to interact and linger around the retail core and eateries, on any day and night, activating the centres.

Improving visual and physical links between the Village Green and the retail centre as well as improved links to the residential areas will improve social connections and community health.

Environmental Considerations

Additional tree planting will provide shade and add to the urban canopy of Ku-ring-gai. The shading from the trees will not only benefit users of the streets, but will cool the adjoining premises, potentially reducing cooling requirements and electrical bills.

Significant trees will be protected and retained. New trees planted in tree pits will have stormwater diverted from the kerb and gutter into the tree pits which will filter the stormwater before ultimately entering the stormwater system if the water is not absorbed by the trees and plants. This assists in providing additional water to the planting during rain events.

Where possible, indigenous tree species will be selected for tree planting. However, other factors such as street character, soil and planting conditions, solar access to adjacent properties, space constraints, maintenance and community consultation will all be considered when selecting the tree species.

Improved public domain environments such as footpaths, providing safer crossing points for pedestrians and formalisation of some cycle routes will encourage more people to walk and ride to the local centres, leaving the car behind, benefiting the environment.

Quality durable materials will be used to ensure longevity and remove the need for regular replacements and costly repair. Most of the public domain materials selected may be recycled at the end of their usable life.

Community Consultation

Community consultation will be undertaken through the public exhibition of the draft Ku-ring-gai Public Domain Plan Volume 2 – St Ives. A full community consultation strategy will be developed in conjunction with Council’s Communication team prior to releasing the documents for public exhibition.

As part of the public exhibition, Transport for NSW will be invited to attend a workshop to discuss proposed traffic changes presented in the draft KPDP. The draft KPDP for St Ives will be sent to other government agencies and authorities including the NSW local member, local bus companies, and emergency services. A full list of stakeholders invited to comment will be provided when the post exhibition results are reported back to Council.

St Ives Ward Councillors were briefed on the Plan on 29 April 2022. The following comments and issues were raised by the Councillors.

Councillor Question	Response
Car park on Mona Vale Road, opposite Stanley Street does not seem to be fully utilised. Are there any plans to reduce the car park, possibly converting some space to open space?	This car park was upgraded with funds received from Transport for NSW to offset car parking losses during clearway restrictions on Mona Vale Road. The future use of this car park will be discussed with TfNSW as part of the consultation with TfNSW for the proposed traffic amendments included in the draft Public Domain Plan for St Ives.
Are there any planned changes for the car park on corner of Cowan Road and Village Green Parade?	Future plans for this car park will be in line with any future planning proposals or redevelopment for the St Ives Shopping Centre. The entire shopping and car parking precinct will need to be planned holistically at that time.
Can the bus stop on Memorial Avenue be relocated closer to the shopping centre.	Unfortunately, due to space constraints, turning lane requirements and clear zones for the signalised intersection at Memorial Avenue and Mona Vale Road, the bus stop cannot be relocated closer to the shopping centre. There is potential to include a bus stop in the redevelopment of the shopping centre, if that were to occur.
Why is Village Green Parade one way?	The proposal to narrow Village Green Parade to a one-way street evolved from the traffic study that was prepared in 2008. This traffic study also informed and became part of the Town Centre Public Domain Plan that was adopted in 2010. The proposal aims to create a slow speed, high pedestrian environment for safer pedestrian movement and connections between the shopping centre and the Village Green. This proposal will only occur in concert with the redevelopment of the shopping centre.
Why is northern section of Rosedale Road one way?	The proposal to narrow Rosedale Road to a one-way street evolved from the traffic study that was prepared in 2008. This traffic study also informed and became part of the Town Centre Public Domain Plan that was adopted in 2010. This proposal aims to reduce traffic and ease congestion at the intersection with Mona Vale Road.

Internal Consultation

Preliminary Internal workshops were held, and comments have been accommodated in the draft document. During the exhibition period the draft KPDP – St Ives will be distributed to the staff teams of Development and Regulation, Operations, Strategy and Environment for comment. Workshops of presentations of the plan will be offered to the teams and held, if requested.

Summary

Following the adoption of the KPDP Volume 1, Volume 2 – Turramurra and Gordon and Volume 3 earlier this year the draft KPDP Volume 2 – St Ives is now ready for public exhibition. The KDPD provides guidance and concept designs for all stakeholders who intend to carry out works in the public domain areas of the St Ives local centre.

The concept plan proposes upgrades to local centre streets with new paving, additional tree planting, increased outdoor dining opportunities, new urban park and upgrades to existing parks, new signalised intersections for improved safety, and improved bicycle and pedestrian connections, underground powerlines and new street lighting.

The public domain plan for St Ives will ensure a coherent, well-coordinated rollout of the concept design and desired future character for St Ives. The delivery of the public domain renewal projects will be spear-headed by Council and largely funded through Development Contributions. Some portions of the public domain works may be delivered via Voluntary Planning Agreements or Works-in-Kind agreements with developers.

The first project proposed for St Ives will be the expansion and upgrade of Bedes Forest Reserve on the corner of Stanley Street and Yarrabung Ave. This will be followed by streetscape works and park upgrades in the precinct bounded by Mona Vale Road, Stanley Street, Porters Lane and Memorial Avenue/Rosedale Road and including Rotary Park, Memorial Park and the ‘Old School’ area on Stanley Lane.

Following the public exhibition, comments will be reviewed and assessed to determine which changes to the public domain plan, if any, will be required. The results of the public exhibition and the final draft will be reported back to Council.

Recommendation:

A. That Council adopt the draft Ku-ring-gai Public Domain Plan – Volume 2 St Ives for public exhibition.

B. The results of the public exhibition be reported back to Council

Maria Rigoli

Public Domain Co-ordinator – Local Centres

Bill Royal

Team Leader Urban Design

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:

A1⇩

Draft Ku-ring Public Domain Plan - Volume 2 - St Ives

2022/118339

Ordinary Meeting of Council - 24 May 2022	GB.13 / 1

Item GB.13	S12227

Ku-ring-gai Draft Urban Forest Strategy

EXECUTIVE SUMMARY

purpose of report:	To provide an overview of the draft Ku-ring-gai Urban Forest Strategy and to seek Council’s endorsement to place the draft strategy on public exhibition.

background:	In 2020 Council adopted the Ku-ring-gai Urban Forest Policy. Improved holistic management of Ku-ring-gai’s urban forest was a key policy commitment. The policy purpose outlines 19 principles to establish the framework for the management of Ku-ring-gai’s urban forest. The Urban Forest Strategy supports the policy by building articulating goals and actions required to achieve the aims of the policy. Programs which support both the policy and the strategy include urban forest replenishment and urban forest monitoring. The Urban Forest Strategy will guide how Council manages and enhances its urban forest into the future. It sets clear targets and directions on how to protect existing tree, vegetation and soil assets and to do more to increase our canopy coverage and urban forest extents.

comments:	Council have been working with consultants Good Canopy Company and ArborCarbon to develop an Urban Forest Strategy for Ku-ring-gai. The draft strategy has been prepared in consultation with staff to ensure that a range of issues associated with implementation of the strategy are addressed. The four reports prepared by the consultants are: Stage One – Background Report Stage Two – Data Analysis Stage Three – Principles Stage Four – Urban Forest Strategy (DRAFT)

recommendation:	That Council endorse the draft Urban Forest Strategy for public exhibition.

Purpose of Report

To provide an overview of the draft Ku-ring-gai Urban Forest Strategy and to seek Council’s endorsement to place the draft strategy on public exhibition.

Background

Ku-ring-gai’s urban forest is an integral part of the Local Government Area's (LGA) character and culture. The urban forest consists of scattered remnant bushland vegetation, intertwined with gardens, parks and streets of non-native and exotic planted trees. Not only is it important to the Ku-ring-gai community, but it’s also essential habitat for a number of ecologically significant animal communities.

Tree canopy is defined for the purposes of the strategy to vegetation that is over 3m in height. Canopy cover is considered one of the most important indicators of a healthy and robust urban forest and is regularly used to measure the success of urban forest management. In terms of urban greening, tree canopy provides the most benefits to an LGA.

In 2020, Council adopted the Ku-ring-gai Urban Forest Policy, a policy that established Council’s

commitment to the improved holistic management of Ku-ring-gai’s urban forest. The Policy purpose outlined a set of 19 principles to establish the framework for the management of Ku-ring-gai’s Urban Forest. The urban forest strategy supports this policy by building upon its purpose, articulating the goals and actions required to achieve the aims of the policy. Programs which support both the Policy and the Strategy include the urban forest replenishment and urban forest monitoring.

The Ku-ring-gai Local Strategic Planning Statement (LSPS) adopted in 2020 outlines specific priorities relating to the Urban Forest including:

K30. Improving the quality and diversity of Ku-ring-gai’s urban forest; and

K31. Increasing, managing and protecting Ku-ring-gai’s urban tree canopy

The Ku-ring-gai Urban Forest Strategy will guide how Council manages and enhances its urban forest into the future. It sets out clear targets and directions on how we can protect our existing tree, vegetation and soil assets and do more to increase our canopy coverage and urban forest extents. The urban forest is essential to creating a liveable environment and significantly contributes to Ku-ring-gai’s unique character.

Comments

Council have been working with consultants ArborCarbon and Good Canopy Company to develop an Urban Forest Strategy for Ku-ring-gai. The draft Urban Forest Strategy has been prepared by the consultants in direct consultation with staff from across Council to ensure that the range of issues associated with implementation of the strategy are addressed. Three reports have been prepared:

• Stage One – Background Report

• Stage Two – Data Analysis

• Stage Three – Principles

These documents will be included as background information to support the public exhibition of the draft strategy upon endorsement by Council.

Draft Urban Forest Strategy

The draft Ku-ring-gai Urban Forest Strategy (draft UFS) provides a summary of the three preceding documents and defines Council’s objectives and actions moving forward. The draft UFS is included in Attachment A1. A summary of the contents is included below.

Introduction

Trees play an important role in defining the unique character of Ku-ring-gai. The Urban Forest Strategy defines how Council is currently managing its urban forest and outlines a pathway to facilitate improved urban forest outcomes, so that the benefits of a healthy urban forest can be maximised for current and future generations. The Urban Forest Strategy will be supported by an urban forest replenishment program and urban forest monitoring programs.

Vision Statement

To recognise that the Ku-ring-gai urban forest forms an important part of the cultural identity of Ku-ring-gai, where residents value trees and the natural landscape. Council will protect and enhance the urban forest to ensure this unique character and established canopy cover is preserved and improved for future generations.

Strategic Framework

Our management of the urban forest is mandated by State and local government guidelines. This section explores the state planning requirements and Council’s policies that are directing the development of the strategy.

What is an Urban Forest?

This section includes an introduction to what the urban forest is and the many benefits that trees provide for us.

Urban Heat Island Effect

A description of the Urban Heat Island Effect (UHIE) and its relationship to the urban forest. It outlines how increased canopy cover can significantly reduce the deleterious effects of this phenomenon in the urban environment.

Figure 1 – Summary or Urban Heat findings

Historical Overview

A historical overview describes our indigenous history and the ecology of the LGA. Post-colonisation development is explored along with the land use changes experienced over time.

Soils, Topography and Climate

The ecology of the LGA is further explored with analysis of soils, topography and climate. The existing canopy cover extents (which was determined through aerial data capture in 2020), and tree population is explored in the context of general observations relating to the diversity of our trees, and the challenges we are faced with.

Existing Canopy

Ku-ring-gai’s urban tree population is a unique blend of exotic and native tree species. These trees contribute significantly to the character and identity of Ku-ring-gai and form an important part of the cultural and historic landscape of the area.

Despite the major historical logging and land clearing in Ku-ring-gai, the area retains a relatively high level of native vegetation compared to many other urban LGAs in Sydney, and elsewhere in Australia.

Canopy area within Ku-ring-gai was measured in March 2020 (ArborCarbon 2020) using analysis of aerial multispectral imagery to classify areas of vegetation and stratify these areas into height classes.

LGA wide, canopy covered is measured at 51.4% of the total area. Ku-ring-gai is composed of a mix of land use types, including large areas of ‘National Parks and Reserves’ and ‘Environmental Conservation’ areas, such as sections of the Garigal National Park and Lane Cove National Park. Canopy of the urban area of the LGA excluding C1 zoned land (National Parks and Nature Reserves) is currently 45%.

Currently it is not feasible to quantify the make-up of the canopy in terms of exotic, native and locally indigenous species. While the technology is available, albeit emerging, the cost is currently prohibitive.

Figure 2 – Snapshot of existing canopy

Figure 3 – Analysis of existing canopy coverage by suburb

The study has measured the total area of tree canopy within the urban LGA boundary at 3024.8 ha, comprising about a third (33.8%) within privately owned land; 23.4% on Council owned/managed land; and 42.8% on state and federally managed land.

Figure 4 – Land tenure across the LGA and relative canopy cover

Council Operations

A key component of the Urban Forest Strategy is engagement with internal stakeholders to determine our organisational capacity. The report examines our approach to public trees and private trees, following workshops with those teams that work directly in these realms.

Community Attitudes Towards Trees

Early engagement with the community involved an online survey inviting people to share their sentiments towards trees and the Urban Forest in Ku-ring-gai. The summary and outcomes of these responses is explored and has been incorporated into the development of the draft Strategy.

Challenges and Drivers for Change

The strategy explores a number of factors driving changes and creating challenges for urban forest management:

· Aging Tree Population

· Physical Challenges

· Social Challenges

· Climate Change and Urban Heat

· Population Increase and Urban Consolidation

Figure 5 – Challenges impacting the potential success of the Urban Forest

Canopy Cover Targets

The study utilises a number of methods to analyse the data collected to determine a basis for canopy targets based on existing canopy coverage.

Available Planting Spaces

An analysis of Available Planting Space (APS) was conducted across the LGA using a range of geospatial datasets produced during ArborCarbon’s airborne imagery acquisition of Ku-ring-gai in 2020 and vector datasets provided by the Ku-ring-gai Council.

All possible planting spaces across the extent of Ku-ring-gai were initially calculated by spectrally classifying pixels in ArborCam imagery from 2020. Pixels with a spectral signature of vegetation (including low vigour vegetation corresponding to mostly bare patches of soil) were classified as possible APSs after excluding existing canopy (vegetation >3m). A variety of constraints were overlaid against these potential locations and the finalised spaces were established.

Figure 6 – Available Planting Spaces (APS)

Tree Inventory

In 2021, ArborCarbon undertook analysis to determine a preliminary tree inventory based on the 2020 aerial imagery datasets. The analysis was conducted on LGA boundary, excluding land classified as C1 (National Parks and Nature Reserves) and C2 (Natural Areas).

The analysis resulted in a tree asset database for trees with a total of 279,642 trees identified. The majority (213,137) of trees are on private land. Ku-ring-gai Council manages approximately 58,216 trees on public land, such as on streets and in parks. The remaining 8,289 trees are on land classified as ‘other’, primarily under State or Federal management.

Figure 7 – Tree inventory

Targets

Canopy targets have been designed based on LEP land zoning and set a benchmark for each suburb reflecting their existing canopy cover.

Targets have also been set for Local Centres, and overall targets for the LGA based on land zoning and the opportunity to plant in streets and public open space.

Across the whole Council, the resultant canopy increase would be 287.3 ha, which is approximately a 9.4% increase in canopy from 3059.0 ha (45% of the total Council area) to 3346.3 ha (49.3%).

The formula below outlines the methodology used to estimate the canopy cover increase:

For every hectare of additional canopy, approximately 144 trees will need to be planted and supported to maturity, assuming an average mature canopy area per tree of 69.5 m2.

Figure 8 – Canopy targets

Principles, Goals and Actions

The Strategy identifies a set of principles which inform goals and actions. The goals and actions are articulated in detail, with each goal prompting several actions.

Implementation Plan

An implementation plan has been drafted by the consultants and is being refined internally within Council. This summarises the principles, goals and actions and assigns a responsible manager to each. Each action is then given a time frame and funding is identified as existing or additional to be sought.

Figure 9 – Strategic principles

integrated planning and reporting

Theme 3 – Places, Spaces and Infrastructure

A range of well planned, clean and safe neighbourhoods and public spaces designed with a strong sense of identity and place.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

Issue P2: Managing Urban Change

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

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

P2.1.1.1: Prepare plans and strategies as required by the Local Strategic Planning

Statement (LSPS).

Governance Matters

The State Government of NSW has in place several mechanisms to ensure that tree canopy cover across the state is increased. Premier’s Planning Priorities, The Greater Sydney Region Plan: A Metropolis of Three Cities, and the North District Plan all include objectives relating to increasing canopy cover. The preparation of the Ku-ring-gai Urban Forest Strategy is a requirement of the Local Strategic Planning Statement (LSPS) to facilitate the delivery of these objectives.

Premiers Planning Priority The Greater Sydney Region Plan: A Metropolis of Three Cities

North District Plan Ku-ring-gai Local Strategic Planning Statement

Strategic urban forest planning in the Council is driven by the Ku-ring-gai Community Strategic Plan 2038 and Council’s Operational Plan and Delivery Program. Community Strategic Plans are required by all Councils in NSW under the Integrated Planning and Reporting (IP&R) Framework. The image below outlines where this Urban Forest Strategy sits within this framework.

Figure 10 – Integrated Planning and Reporting Framework

Risk Management

The production of the Urban Forest Strategy document has managed risk through ongoing cross-discipline reviews, and effective consultant management. A working group has been engaged with regular review meetings with the consultant, followed by collation of internal feedback delivered to the consultant to develop the documents.

The implementation of the strategy will be subject to risk assessments carried out by the relevant department prior to conducting any work.

Financial Considerations

Preparation of the Strategy has been funded by the Urban and Heritage Planning budget.

The Strategy has found current operational budgets are insufficient to implement the strategy and moving forward it is likely that additional funding and staff resources will be required, supplemented by grants, to deliver a number of the actions.

Social Considerations

Figure 11 – Tree Benefits

The urban forest forms an important part of the cultural and social identity of Ku-ring-gai, where residents value vegetation and the natural landscape. As Phillip Matthers wrote in Ku-ring-gai – Living with Trees, “More than anything else in Ku-ring-gai it is the trees…if a single bond draws Ku-ring-gai together, then surely it is the determination to protect the intrinsic value of the landscape”.

Urban forests have a range of social benefits, including:

- Social connection. Urban forests improve social connection; they offer a sense of place and support community interaction through events, festivals and passive daily interaction. Parts of the urban forest can become closely linked with people’s identities and sense of place.

- Community cohesiveness. Studies have also shown that green space in major Australian cities is unevenly distributed, with less green space in areas with a higher proportion of low-income residents. Improving the distribution of green space and urban forests in Ku-ring-gai may foster improved community cohesiveness and a sense of shared identity across the City.

Environmental Considerations

The contribution of trees to ecosystem services is significant. These services include air and water filtration, shade, habitat for animals, oxygen production, carbon sequestration, and nutrient cycling. Add to this the connection that the urban forest provides between nature and people, and it’s clear that trees and vegetation have a crucial role as part of an urban landscape. From the native fauna species that have improved access to food and shelter, to community members who have enhanced recreational opportunities and water and air quality, to individual property owners who have a more comfortable environment and often increased property resale value – all benefit from a robust and extensive urban forest.

The environmental benefits of the urban forest include:

- greenhouse gas mitigation and reduction;

- improved air quality;

- water cycling and erosion mitigation;

- biodiversity; and

- reduction of the urban heat island effect.

Inclusion of endemic species vegetation targets

Locally endemic species should undoubtedly make up a significant proportion of the urban forest. However, a percentage target of endemic species for inclusion in the strategy has not been addressed due to insufficient data to inform the decision. A complete tree inventory to determine the current diversity (native vs exotic) break-up is required.

Diversity is about more than just using native species - true diversity comes from use of both native and exotic, avoiding monoculture plantings, ensuring structural diversity (species of different heights and form). A highly diverse urban forest is a resilient urban forest. Limiting tree species variety will leave the urban forest vulnerable to pests and diseases and future climate change scenarios.

A diverse urban forest typically has:

- no more than 10% represented by one species;

- no more than 20% represented by one genus; and

- no more than 30% representation from a single family.

Limiting the planting palette, especially for town centre/urban area projects, could significantly reduce the success of these projects as well as the provision of effective canopy.

Community Consultation

This Urban Forest Strategy will define how Council manages and improves the urban forest for current and future generations. To support the development of the Strategy, the community’s input was sought to ensure their opinions and insights were considered, and to assist Council to deliver an urban forest that considers the needs of its residents and provides maximum benefits to all.

Urban Forest webpage

The Urban Forest webpage has been a source of information to keep the community updated regarding trees, originally being developed to support the Urban Forest Policy that was adopted in 2020. This page includes link to the engagement hub portal for the Urban Forest Strategy.

Urban forest strategy preliminary engagement survey

An online survey was developed using Council’s online engagement portal (Engagement Hub) with a range of questions designed to gauge the following:

- Level of understanding in the community regarding tree benefits;

- Attitudes towards Council’s management of urban trees (on private and public land);

- Issues of concern with urban trees;

- Preference towards native or exotic trees and preferred size of tree.

Respondents were asked a series of 10 questions designed to achieve the outcomes outlined above. These questions were grouped into three main categories: 1) Attitudes towards trees; 2) Council’s management of public trees; 3) issues surrounding private trees.

The survey was promoted using the following platforms:

- Council social media channels (Facebook);

- media release;

- Ku-ring-gai E-news lists: Sustainability, Smart schools and Bush care;

- Council’s registered email distribution lists: Bush care volunteers, Wild Things, Pool to Pond, Native Bees, Fauna Monitoring;

- direct emails to residents who had provided submissions on the Urban Forest Policy;

- Council’s Environmental volunteers;

- environmental groups (FOKE, STEP, NTAG); and

- other contacts through Council’s operation tree management team.

A total of 138 respondents completed the online survey. Individual submissions were received from the following organisations:

- Friends of Ku-ring-gai Environment Inc (FOKE)

- Wild Things NSW committee

- STEP Inc

- Ku-ring-gai Bushcare Association (KBA)

Individual submissions were also received from members of the community.

The majority of respondents generally support trees and understand the benefits they provide:

- 95% of respondents have a positive attitude towards trees, this is a clear majority and an impressive result. They feel “they make Ku-ring-gai special”, “that they are essential to our urban areas and we need more of them.”

- Respondents generally seem to understand the benefits of trees with only 1% saying that the benefits of trees are not worth the risk of having them.

- The top concerns regarding issues caused by trees were the over pruning of trees by Ausgrid and tree risk and safety concerns.

- The majority of respondents feel that “trees are adequately managed but there is room for improvement” while a reasonable proportion (22%) feel that “trees are poorly maintained and improvements are urgently needed”.

- The majority of respondents (67%) feel that Council should increase tree planting programs on public land.

- 68% of respondents feel that the protection of trees on private land is not effective and that the rules should be tighter, while 25% felt that it was too hard to remove trees and that the rules need to be loosened.

- Only 24% of respondents had recently removed trees on their land and the majority of these were removed due to risk or property damage.

- The majority of people (43%) want trees that are native to the Ku-ring-gai area and that are medium in size (5-8m).

Phase 1 of the community engagement has provided some clear direction regarding the views of residents towards trees. The results of the survey and individual submissions have been used to formulate the strategic objectives of the Urban Forest Strategy and guide decision making throughout the process.

Public exhibition of draft strategy

Following the endorsement by Council of the draft Ku-ring-gai Urban Forest Strategy, the document will be placed on public exhibition for a minimum period of 28 days. During this time, feedback will be sought from the community on their approval of the draft strategy, and any amendments they would like to see incorporated.

Internal Consultation

A working group from multiple departments across Council was established at the commencement of the project and has met regularly to review the progress of the Strategy. Several targeted internal stakeholder workshops were facilitated by the consultants to determine the management issued faced in managing trees in the public and private realm. This included examining our capacity and appetite to deal with issues that arose and sought to examine our strengths and weaknesses in our management of the Urban Forest. These opportunities and constraints ascertained from the workshop process have helped to inform our principles, goals and actions for the Urban Forest Strategy.

Figure 12 – summary of staff workshops

Councillor briefing

A Councillor briefing was held on Monday, 7 March 2022 online via Zoom. The consultants presented their work to date and answered questions posed in relation to the strategy. Council staff were present to provide additional information.

A separate telephone conversation was facilitated between Councillor G Taylor and ArborCarbon to further unpack the issue of targets for local endemic canopy and understorey plantings.

Summary

The development of the Ku-ring-gai Urban Forest Strategy has been an intensely collaborative process involving expert consultants, internal and external stakeholders, and the community. The resulting draft strategy is the culmination of extensive research and cutting-edge data collection.

The strategy sets ambitious targets for the expansion of a thriving urban forest for Ku-ring-gai.

The draft Urban Forest Strategy is a practical, considered, and meaningful guide and its endorsement will enable Council to progress the finalisation of the Strategy ensuring a positive future for our urban forest.

An implementation plan is currently being prepared and will be reported separately to Council so as to ensure it adequately deals with issues arising from NoM 1 (Ku-ring-gai Draft Urban Forest Strategy) adopted by Council at its meeting of 26 April 2022. The implementation plan will assign actions to relevant managers and outlines timeframes relative to their priority within the strategy. The implementation plan will also identify where Council will require additional resources and/or funding to deliver actions identified in the strategy.

Recommendation:

A. That Council endorse the draft Ku-ring-gai Urban Forest Strategy for public exhibition.

Fleur Rees

Senior Landscape Architect

Louise Drum

Urban Design Project Coordinator

Bill Royal

Team Leader Urban Design

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:

A1⇩

ArborCarbon_J21630_Ku-ring-gai Council_UFS_Stage4-Strategy_Rev0_220429

2022/118695

Ordinary Meeting of Council - 24 May 2022	GB.14 / 1

Item GB.14	S13385

Streets As Shared Spaces Grant (Round 2) - Hill Street, Roseville

EXECUTIVE SUMMARY

purpose of report:	To seek a Council resolution for the implementation of a temporary streetscape activation program for Hill Street Roseville through the Streets as Shared Spaces Grant, that has been offered to Council to the value of $500,000.

background:	NSW Government has announced a second round of funding through the Streets as Shared Spaces Program. Council have been offered funding for a proposal to activate Hill Street, Roseville with the aim of bringing life back to evenings in the centre after the impacts of COVID 19 restrictions on businesses.

comments:	The grant application proposes to improve the Hill Street shopping precinct through the introduction of raised planters to support additional tree and shrub planting plus floral displays. Outdoor dining areas will be introduced near cafes through the expansion of the footpath areas. Popup evening events will activate the precinct on up to eight evenings over a five month period. Discrete traffic calming measures will be introduced to improve pedestrian safety.

recommendation:	To adopt the proposed temporary streetscape installation for Hill Street and Lord Street and to accept the offered grant funding through the Streets as Shared Spaces Program from the NSW Government.

Purpose of Report

Background

NSW Government has announced a second round of funding through the Streets as Shared Spaces Program. https://www.smh.com.au/national/nsw/more-outdoor-dining-at-beaches-train-stations-to-make-better-places-for-people-in-sydney-20220429-p5ah8n.html

Council have been offered funding for a proposal to activate Hill Street, Roseville with the aim of bringing life back to evenings in the centre after the impacts of COVID 19 restrictions on businesses.

Roseville is the southern most local centre of the Ku-ring-gai LGA. It is the first station as you enter the LGA on the railway line when heading away from the Sydney CBD. The local centre is split into two halves - one half to the east and one half to the western side of the Pacific Highway / rail corridor. The centre has a variety of specialist shops and services. It has a number of restaurants and the only cinema in the Ku-ring-gai LGA. Though the restaurants and cinema provide some evening activation, it is all indoors as the street environment along the highway is not conducive to outdoor dining or community gatherings due to the intrusion of noise and vehicular movement. There is no sense of “neighbourhood” space; the lack of space and noise generated by the Highway drives the community indoors. The highway offers little opportunity for lively participation.

By contrast Hill Street, on the eastern side of the rail corridor, is quiet with potential for outdoor dining and other activations. Hill Street is the main street in the eastern half of the local centre. There are a number of cafes in Hill Street however they are all closed by 4.00pm. The few takeaway food stores in Hill Street close by 6:30pm or 7:00pm. There is only one restaurant that is open in the evening, an a-la-carte restaurant at the far end of the retail precinct. Even the bottle shop is closed by 8.00pm. Needless to say, the eastern side of the Roseville local centre has no night-time economy. Though there are restaurants that are open in the evenings on the western side, there are few community interactions apart from perhaps a few moments in the foyer of the cinema before the movie.

Roseville Station has recently been upgraded through the Transport Access Program (TAP) by Transport of NSW which now allows accessible movement across the railway line, providing an improved connection between both sides of the local centre.

The Roseville Cinema, although on the other side of the rail / highway corridor is a short walking distance from Hill Street. Parking is easier on the Hill Street side of the rail corridor and pedestrian movement is now facilitated by a lift to the pedestrian bridge and a regraded plaza connecting to Pacific Highway. Increased activation on the Hill Street side of the centre will benefit the entire local centre and local residents.

The gardens around the railway station are significant to the local community and Ku-ring gai. The gardens have been established over 100 years and were created by the community after WW1. The community planted lawns, palms and flowering plants including roses. Many of these still survive today with some spectacular displays of unusual shades of roses that line the embankment to the east of the rail corridor, along Hill Street. The shopfronts along Hill Street are void of vegetation. All the vegetation is along the rail corridor. When flowering, these gardens attract admirers that take photos of the roses in bloom.

In September 2020, Council set up a temporary Spring Flowers display along Hill Street which proved to be very popular with residents and led to requests for more permanent installations.

Council is in the process of rolling out its public domain plans for local centres and has begun delivering streetscape projects that have been funded through Development Contributions. One of the nominated streetscape projects is Hill Street, Roseville. The public domain plan streetscape upgrades propose new paving, adjustments to kerbs to improve crossing opportunities, increased planting, outdoor dining, improved lighting, and traffic calming measures. This temporary installation will be a test for the some of the proposed streetscape works, particularly for the outdoor dining areas and promoting extended trading hours, for eateries in particular.

Comments

The Hill Street shops serve the senior citizens of the community well, however, offer little other than basic services for the younger demographic of Roseville. The younger sections of the community often leave the LGA for evening entertainment. Hill Street has no night-time economy. The proposed evening activations will aim to provide a range of activities to draw in a broad mix of the community to participate and hopefully inspire businesses to increase their business hours and offerings for a broader spectrum of the community to enjoy.

Proposed activation will extend between Roseville Avenue and 15 Hill Street Roseville (refer Figure 1). The proposal includes traffic calming measures, additional tree and shrub planting, expanded outdoor dining areas and evening activation events. The intention of these activations include:

1. To test the installation and community reaction to flowering gardens on both sides of Hill Street, adding greenery to the shop frontages and improving community interactions.

To create a green destination, expanding the appeal of the existing gardens to both sides of the street and attracting visitors through floral displays. This will improve the aesthetic of the street as well as provide environmental benefits. Attractive installations will provide talking points for social interaction and photo opportunities to help spread the word about Roseville through social media. It will become a more attractive place to visit, increasing footfall and allowing people to linger longer.

2. To test the removal of some on-street parking to create outdoor dining areas and floral displays.

Council plans to carry out streetscape upgrades to the Roseville local centre, beginning with Hill Street within the next five years. Some of the elements proposed in this grant application would test the proposal for the streetscape upgrades such as traffic calming measures, outdoor dining areas in widened footpaths and additional pedestrian crossing opportunities. The south-west orientation of the existing shop fronts, awnings and hours of operation means the existing outdoor dining along Hill Street is in shade for the entire operational hours. The extension of outdoor dining areas beyond the awning would allow opportunities for patrons who prefer some sunshine with their coffee and meals. Umbrellas may also be provided. Limited space on the existing footpaths limits the amount of outdoor dining available to café operators. Footpath extensions into parking bays with decking or parklets would increase the number of patrons able to dine in at the cafes. Small trees and flowering plants will soften the hard streetscape and add interest as well as benefits to the environment, cooling the street, capturing carbon and inviting bees to feast on the flowering plants.

3. To slow traffic and promote active transport.

The proposal for this grant application includes traffic calming measures to slow traffic through the centre, preferably down to 30km/hr. Such measures would include “blisters” created by raised planters and speed cushions. This will improve safety for pedestrians, drivers, outdoor diners and bicycle riders. Increased pedestrian activity will improve the 'place' and destination function of the centre rather than its current "pop-in on the way through" function.

The station TAP upgrade provided additional bike racks near the station entry. Council is exploring opportunities where sections of the “Principal Bicycle Network” route between Hornsby and Chatswood may be introduced. Space limitations through the Roseville local centre make it difficult to introduce a safe shared path or separated cycleway. Redevelopment of the Hill Street shopping strip that may provide increased setbacks is highly unlikely in the foreseeable future. Slowing traffic through the centre to allow an on-road/mixed traffic environment will provide a safer environment for cyclists and more opportunities for pedestrians to cross the road.

4. To active a night economy

The grant application includes a proposal to close part of Lord Street for up to eight pop-up evening activation events. This will include the use of food trucks, entertainment, seating and tables. Participation from local businesses will be encouraged. Other activities that may be considered as part of the activation event (subject to collaboration with local businesses) include fashion parade (two dress shops and a bridal shop within Hill Street plus another bridal shop on the Pacific Highway, plus hairdressers throughout the centre that would all be invited to participate), wine and food tasting (a bottle shop and bakery right next to proposed street closure and a specialty delicatessen in close proximity). Other possible events may include art and craft market or ‘Crop Swap’ evening. Businesses on both sides of the local centre would be invited to participate as would local community groups. The street closure is easily achieved out of peak hours as traffic diversions are easily created. The road pavement where the street event will occur is proposed to be painted in vibrant colours to reflect the flowering theme of the activation of Hill street, subject to approvals. Public art will be commissioned and delivered through the Ku-ring-gai Art Centre (based in Roseville) and applied to the concrete barriers beside the outdoor dining areas and road surface of Lord Street.

Figure 1 – Proposed activation works submitted for Streets a Shared Spaces grant application

Project objectives

The objectives of the trial are to:

· Encourage greater movement between the two halves of the local centre now that accessible connection is available following the TAP upgrade to the station.

· Activate the street through encouraging more people to the outdoor settings and outdoor dining.

· Draw people from other areas to admire the floral displays and stay a while in Roseville local centre and support local businesses.

· Work with the cafes and takeaway food stores to be part of the evening activations by extending their operation hours – this would benefit rail commuters arriving after 6.30pm to pick up meals on their way home from local businesses rather than ordering deliveries, thereby reducing the number of delivery drivers and riders on the roads.

· Host evening events that may promote local businesses e.g., fashion parades, food tasting from local businesses.

· Help local residents become more familiar with what their local centre has to offer on both sides of the rail/highway divide.

The proposal seeks to trial/ test the following:

1. The installation and community reaction to flowering gardens on both sides of Hill Street, adding greenery to the shop frontages and to create a space to encourage people to linger longer.

2. The removal of some on-street parking to create outdoor dining areas and floral displays in anticipation of Council's future plans to carry out streetscape upgrades to the Roseville local centre.

3. Slower traffic speeds through the local centre and encourage active transport. This will improve safety for pedestrians, drivers, outdoor diners and bicycle riders.

Program for delivery

A Council resolution is required before the funding agreement can be signed. Once a resolution to accept the funding is in place, the signed funding agreement will be returned to DPE to commence the process for installing the pop-up activation works.

Further community consultation will be required prior to the design being finalised. Construction drawings will be prepared, and a minor works tender will be required for the installation. An event program will also be prepared.

The “Live” date in the draft funding agreement is September 2022, however discussions with DPE have suggested that there may be some flexibility to this date. The program is expected to run through spring and summer – ending in February 2023.

integrated planning and reporting

Theme 3 Places, Spaces and Infrastructure

Issue P4: Revitalisation of our centres

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P4.1: Our centres offer a broad range of shops and services

and contain lively urban village spaces and places where people can live, work, shop, meet and spend leisure time.

P4.1: Our centres offer a broad range of shops and services

and contain lively urban village spaces and places where people can live, work, shop, meet and spend leisure time

P4.1.1.2: Implement Public Domain Masterplans for the local centres and concept plans for key precincts.

P4.1.1.3: Actively engage with residents, key agencies, landholders, businesses and other stakeholders to assist with the delivery of the Activate Ku-ring-gai Program.

Governance Matters

The Ku-ring-gai Public Domain Plan is consistent with the following strategies and plans:

NSW Government

· North District Plan;

· Austroads Guide to Road Design Part 6A: Paths for Walking and Cycling 2021;

· NSW Government Movement and Place Framework;

· Transport for NSW Road User Space Allocation Policy;

· NSW Crime Prevention Through Environmental Design Guidelines.

Ku-ring-gai Council

· Ku-ring-gai Local Strategic Planning Statement;

· Ku-ring-gai Community Strategic Plan 2038;

· Ku-ring-gai Contributions Plan, 2010;

· Activate Ku-ring-gai Program;

· Ku-ring-gai Town Centre Public Domain Plan 2010;

· Draft Ku-ring-gai Pedestrian Access and Mobility Plan;

· Access and Disability Inclusion Plan 2020 -2024; and

· Ku-ring-gai Council Climate Change Policy 2020.

· Ku-ring-gai Public Domain Plan Volume 1, Volume 2 and Volume 3.

Risk Management

As this proposed installation is a trial, it will test the community’s appetite for streetscape improvements and increased outdoor dining. The final design will be prepared following further community consultation to understand the needs of the businesses and those that want to participate in the activation and events.

The café and restaurant owners may be required to submit a revised DA for their outdoor dining permits. Café owners will not be charged to use the new outdoor dining spaces.

Financial Considerations

The project will be fully funded by the grant, which amounts to $500,000. Council need not provide additional funding. $250,000 will be provided at the commencement of the project. The draft funding agreement states that the remaining $250,000 will be paid once the installation is in place. This is still being negotiated with the Department.

Some of the works will become permanent fixtures in the streetscape. Most of the pop-up installation will be removed and materials will be recycled or used in other projects within the LGA such as other street projects or playgrounds.

Social Considerations

Environmental Considerations

All event equipment will be hired for quick installation and to minimise waste. At the end of the project all materials used for the streetscape improvement works will be re-used. Plants can be transplanted into parks or other open spaces, or donated to local schools, as can the topsoil, geofabric and mulch. Timber sleepers and decking can be repurposed for play equipment or used for other trial streetscape projects. If unsuitable for re-use they can be shredded and used as mulch. Outdoor dining furniture can be used for future Council events or donated to charity. Concrete barriers can be used for Council works, other trial streetscape projects or events.

Materials chosen for this project have been selected based on their durability and potential for re-use or recycling and cost effectiveness. They are readily available, easy to assemble and dismantle. Planters and decks can be assembled off site to minimise onsite construction. They can be reused for other streetscape projects or in parks or can be recycled. The quick installation methods or preassembled planters and decks and precast concrete barriers will cause minimal disruption to the operation of the centre. The size and quantity of plant material will ensure instant impact at installation.

Small trees and flowering plants will soften the hard streetscape and add interest as well as benefits to the environment, such as cooling the street.

Community Consultation

In the lead up to this second stage of the grant submission Council officers informed the Councillors of our short-listed status and intention to complete this submission. Council officers delivered 200 letters to businesses and residents in the vicinity of Hill Street informing of them of our grant submission and proposed works, if successful. A link to an on-line survey that was prepared to collect feedback from businesses and the community about the proposal was provided.

Businesses were asked if they would like to participate in pop-up events and/ or extend their business hours to align with events. Cafes were asked if they would make use of the proposed outdoor dining areas.

The feedback was largely positive. Overall support for the project was high with 68% strongly support or supporting the proposal (subject to detailed planning). Businesses supported the proposal with 73% strongly support or supporting the proposal. Many comments were received about the need to increase activity within the centre and improve the amenity of the centre. Comments supporting floral displays were also received.

Further community consultation will be carried out throughout the development of the design for the streetscape upgrade as well as during planning of the evening events. Community groups, schools and particularly youth groups will be invited to participate in the events and perhaps make suggestions on what type of events they would like to see in Hill Street.

There will be on-going communication throughout the temporary installation period. Council will have a dedicated webpage to the project and will keep the community informed through this page as well as social media, Council newsletters, on-site advertising of events and the like. Residents and businesses will have the opportunity to provide comment or feedback at any time during the temporary installation period and will be invited to complete a survey at the end of the trial. Before the end of the trial installation, Council officers will also visit the businesses to discuss how they felt about the trial, if it improved visitation to the centre and their business, if they would like to make the streetscape changes a permanent fixture, or if there could be other improvements.

Internal Consultation

The preparation of the grant submission required input from various departments across Council. This included team members from Events, Communications, Urban Design and Planning, Traffic and Operations. All these team members will be involved in the delivery of the installation.

Summary

NSW Government has announced a second round of funding through the Streets as Shared Spaces Program. Council has been offered funding to activate Hill Street, Roseville with the aim of bringing life back to evenings in the centre after the impacts of COVID 19 restrictions on business.

The grant application proposes to improve the Hill Street shopping precinct through the introduction of raised planters to support additional tree and shrub planting plus floral displays. Outdoor dining areas will be introduced near cafes through the expansion of the footpath areas. Popup evening events will activate the precinct on up to eight evenings over a five month period. Discrete traffic calming measures will be introduced to improve pedestrian safety.

NSW Government has announced a second round of funding through the Streets as Shared Spaces Program. Council have been offered funding worth $500,000 for a proposal to activate Hill Street, Roseville with the aim of bringing life back to evenings in the centre after the impacts of COVID 19 restrictions on businesses.

Recommendation:

A. That Council adopt the proposed temporary streetscape installation for Hill Street and Lord Street.

B. That Council accept the offered grant funding through the Streets as Shared Spaces Program from the NSW Government.

Maria Rigoli

Public Domain Co-ordinator – Local Centres

Joseph Piccoli

Strategic Traffic Engineer

Bill Royal

Team Leader Urban Design

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Ordinary Meeting of Council - 24 May 2022	GB.15 / 1

Item GB.15	S13316

Post exhibition consideration of submissions - Planning Proposal for Killara Bowling Club and Killara Lawn Tennis Club

EXECUTIVE SUMMARY

purpose of report:	For Council to consider the submissions received during the public exhibition for the Planning Proposal to heritage list the Killara Bowling Club and the Killara Lawn Tennis Club as a local heritage item and to rezone the site to RE2 Private Recreation.

background:	In November 2021, Council resolved to adopt and submit the Planning Proposal to rezone the Killara Bowling Club and the Killara Lawn Tennis Club to RE2 Private Recreation and to list the sites as a local heritage item for a Gateway Determination under section 3.34 of the EP&A Act 1979. A Gateway Determination was received on 23 December 2021. The Planning Proposal was placed on public exhibition between 11 February – 11 March 2022. This report provides an overview of the outcomes of the public exhibition and recommends proceeding to rezone and heritage list the site.

comments:	A total of 349 submissions were received during the public exhibition. 330 submissions of the submissions were in support of the proposal, 17 were in opposition of the proposal and 2 neutral submissions were made.

recommendation:	That the Planning Proposal to heritage list the Killara Bowling Club and the Killara Lawn Tennis Club as a local heritage item, and to rezone the site to RE2 Private Recreation proceeds and that Council resolves to make the Plan under section 3.36 of the Environmental Planning & Assessment Act 1979.

Purpose of Report

Background

This report provides an overview of the submissions received during the public exhibition of the Planning Proposal to heritage list the Killara Bowling Club and the Killara Lawn Tennis Club as a local heritage item and to rezone the site to RE2 Private Recreation. The Planning Proposal is included at Attachment A1.

The Killara Bowling and Lawn Tennis Clubs (‘the site’) 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 heritage assessment is included as Appendix A of Attachment A1.

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 they approach NSW Heritage with the IHO request and seek their feedback and action on the matter.

On 15 March 2021, Council received correspondence from NSW Heritage through 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 (Appendix B of Attachment A1). 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. Whilst the site is located 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 Lawn Tennis Club and Bowling Club that may be required from a heritage perspective.

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 Club and Lawn Tennis Club and discussed this with the Ku-ring-gai Heritage Reference Committee (‘HRC’) on 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. The 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 Appendix C of Attachment A1.

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 Council Report and Resolution from the 15 June 2021 OMC is included as Appendix D of Attachment A1.

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 August KLPP Advice is included as Appendix E of Attachment A1.

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 Planning Proposal was reconsidered by the KLPP on 18 October 2021. Further information was provided regarding 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 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 October KLPP Report and Advice is included as Appendix F of Attachment A1.

The Planning Proposal was reported back to Council in November 2021. This report presented Council will all the options assessed as part of the report to the KLPP.

At the 16 November 2021 Ordinary Meeting of Council it was resolved 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.

The Council Report and Resolution from the 16 November 2021 OMC is included as Appendix G of Attachment A1.

The Planning Proposal was amended accordingly, and a gateway determination was received on 23 December 2021, authorising Council to exercise the functions of the Minister under section 3.36(2) of the EP&A Act to finalise the Planning Proposal if resolved to do so. The Gateway Determination is included at Attachment A2.

The Planning Proposal was placed on public exhibition in accordance with the requirements of the Gateway Determination and the Ku-ring-gai Community Participation Plan between 11 February 2022 – 11 March 2022.

Comments

The Killara Lawn Tennis Club and the Killara Bowling Club as two separate entities

Council received correspondence from representatives of the Killara Bowling Club in February 2022 regarding references within the exhibition material to the ‘Killara Lawn Tennis and Bowling Club’ as one entity. Council is aware that the Clubs are two separate entities and have been since 1919 with the Killara Bowling Club (clubhouse and associated bowling greens) and the Killara Lawn Tennis Club (clubhouse and associated tennis courts). This is considered to be an operational matter. With regard to land use planning outcomes, the sites are considered one recreational precinct and if the planning proposal results in a Local Environmental Plan amendment, they will be listed as a single local heritage item in Schedule 5 of the Ku-ring-gai Local Environmental Plan 2015.

The Council resolutions regarding this matter consistently refer to the recreational precinct as ‘Killara Bowling Club and Killara Lawn Tennis Club’ or ‘Killara Bowling and Lawn Tennis Clubs’ and always include the legal description of the lots and DPs that cover both sites. These resolutions are included in the documentation on public exhibition. It is acknowledged that there are different references in the planning proposal and supporting documents. The planning proposal has been revised to ensure clarity. Regardless of this inconsistency, this did not appear to create confusion in the community as the majority of all submissions received referenced the two clubs separately.

Heritage Significance

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 layout and arrangement of the courts and greens remain substantially the same 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 revised statement for the Springdale Conservation Area is included as Appendix I of Attachment A1, and references the site as a significant landmark within the HCA.

An updated heritage assessment dated April 2022 is located at Attachment A3.

The draft Heritage Inventory (‘SHI’) form for the Killara Bowling and Lawn Tennis Club was previously prepared to support the Planning Proposal and is included as Appendix H of Attachment A1. This will be included in the digital register once the heritage listing is made. At the time of entry, the SHI will be updated to reflect the updated heritage assessment as outlined at Attachment A4.

Rezoning of the site to Private Recreation

The rezoning, undertaken in tandem with the heritage listing, is 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 Killara Lawn Tennis Club and Killara Bowling Club 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.

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. 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. Council is committed to preserving and enhancing open space in Ku-ring-gai. The planning proposal will facilitate ongoing opportunities for sport and recreation, and recognises the importance of private recreation clubs in providing social opportunities for the community and promoting a healthy lifestyle.

Public Exhibition

A total of 349 submissions were received during the public exhibition period. The Submission Summary Table is included as Attachment A5.

In support of the proposal

330 submissions were received in support of the Planning Proposal. Community support was received regarding the recognition of the significance of the sites as an iconic, historical asset that is an essential part of Killara’s heritage and charm. Submissions outlined that heritage listing would be consistent with J.G. Edwards vision for the subject properties and his appointment of the community as custodians of the site to be preserved for recreational purposes. Submissions identified the Clubs as a significant landmark within the heritage conservation area.

Support for the heritage listing and the desire to recognise the historical significance of the clubs is noted.

Strong community support was also received with regard to preserving the recreational use of the site through the rezoning. Submissions outlined the importance of recreational open space for social, physical and mental health benefits, and the sense of community that has been fostered by the operation of the Clubs. Submissions demonstrate an appreciation of the existing facilities and amenity provided by the Clubs.

Support for the preservation of recreational, open green space for social, environmental and economic benefits is noted. Council is committed to preserving and enhancing open space in Ku-ring-gai. The planning proposal will facilitate ongoing opportunities for sport and recreation, and recognises the importance of private recreation clubs in providing social opportunities for the community and promoting a healthy lifestyle.

A number of submissions strongly opposed any residential development in the site, with a desire to preserve open recreational space for existing and future residents. Submissions outlined that the sale of the land to developers would benefit only a few, and would result in a loss of a significant amenity enjoyed by residents of Killara and the wider community. A number of alternative uses for the site were suggested, in the event that club memberships decline, including other recreation uses such as soccer, basketball, futsal, hockey and cricket, or community markets or gardens. Suggestions for the existing clubs were also made, such as modernising and revitalising the facilities with more social and community events like The Greens, North Sydney or Paddington Bowls.

In opposition to the proposal

17 submissions were received in opposition of the planning proposal.

A number of submissions in opposition of the planning proposal raised concerns regarding the representation of the clubs as one club, instead of as two separate entities. This has been addressed earlier in this report.

Further concerns were raised that Council proceeded with the proposal to heritage list the site despite NSW Heritage advice that the sites did not reach the threshold of state significance.

It is important to note that in NSW there are different levels of statutory listing. State heritage items are listed on the State Heritage Register. This list includes only those items which have been identified as having particular importance to the people of NSW, which meet the NSW Heritage Council’s assessment criteria and are managed in accordance with the Heritage Act 1977. Local heritage items and heritage conservation areas are listed on a local council's Local Environment Plan (LEP) heritage schedule. The advice received from Heritage NSW that the site did not reach the threshold for state significance further stated that they would encourage Council to consider review the clubs to assess the local heritage values of the site. Following this advice, Council officers prepared a heritage assessment which maintains that both individually and combined the Killara Bowling and Lawn Tennis Club sites meet the Heritage Council of NSW’s criteria for listing at a Local level, with the findings agreed by the Ku-ring-gai Heritage Reference Committee.

One submission challenged a statement regarding the historical configuration of the bowling greens. The Heritage Assessment has been amended in response to this comment and will be reflected in the digitised SHI.

A number of submissions opposed the heritage listing of the clubs as it would result in a dramatic reduction in funding to support other clubs, should the site be sold.

Concerns were raised regarding the rezoning of the Killara Bowling Club in particular, given that the club is financially unsustainable with declining memberships. These submissions indicated that should the club seek to capitalise on the value of the property, the rezoning would cause a dramatic reduction of proceeds which would be used to support the function of other clubs in accordance with the Registered Clubs Act. These submissions stated that the Bowling Club had considered the benefits of changing the zoning from R2 to RE2 to obtain cheaper rates, but had resisted due to the deleterious effect on the value of the land.

In rezoning and heritage listing the Killara Bowling Club and Killara Lawn Tennis Club site, Council is exercising its planning functions under Part 3 of the EP&A Act. As part of the process, Council was required to demonstrate the strategic merit of the planning proposal as well as its consistency with Sydney regional plan, North District plan, Local Strategic Planning Statement, Ministerial Directions under 9.1 of the EP&A Act and State Environmental Planning Policies. In making land use planning decisions, the financial position of a landowner/s is not a planning consideration.

A State agency submission was received by Heritage NSW. The submission noted that heritage assessment indicated both individually and combined the Killara Bowling and Lawn Tennis Club sites meet the Heritage Council of NSW’s criteria for listing at a Local level. The submission encouraged the identification and listing of this new local heritage item.

Neutral

submissions were received that did not indicate whether or not the planning proposal was supported. One of these submissions raised concerns regarding the public exhibition process. The other submission requested for Council to consider a grant or an annual contribution to assist the Clubs with property maintenance. Should the Planning Proposal to list the sites are listed as a local heritage item proceed, the Clubs would be eligible for Ku-ring-gai’s annual Heritage Home Grants program. The program assists and encourages the conservation of heritage items, with up to $5,000 to be provided to assist with maintenance repair & restoration.

Petition

A petition was received on 15 March 2022, with 315 signatures in support of the planning proposal to rezone and heritage list the site. This petition was tabled at the OMC on 26 April 2022 and considered in the preparation of this report.

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.

Recreation, sporting and

leisure facilities are available to meet the community’s diverse and changing needs.

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

A program is being

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

Cultural and heritage assets in open space areas are protected, preserved, restored and maintained.

Commence preparation of relevant policies and strategies to guide the delivery of sport and recreation facilities.

Governance Matters

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

The 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 reviewed the Planning Proposal in August and October of 2021.

Council’s resolution from OMC 16 November 2021 requested that Council be authorised as the local plan-making authority to exercise the functions under section 3.36(2) of the Environmental Planning and Assessment Act 1979 to finalise the Planning Proposal. In issuing the Gateway Determination on 23 December 2021, the DPIE considered the nature of the Planning Proposal and conditioned the Gateway Determination for Council to be authorised as the local plan-making authority.

This report addresses the post exhibition stage of the planning proposal process, to consider State agency and stakeholder feedback. Council can resolve to make the plan in accordance with section 3.36(2) of the EP&A Act and liaise with Parliamentary Counsel’s Office (PCO) to draft the required Local Environmental Plan to give effect to the Planning Proposal, as well as the Ministers function in making the plan.

Risk Management

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

Financial Considerations

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 historic landscape and the garden suburbs that are valued by the community.

Outdoor recreation provides a forum for community development and social interaction. Engaging in recreation activities provides people with an opportunity to socialise and build community networks. Recreation is becoming an increasingly important value for individuals and the wider community as people are realising the benefits of recreation in achieving quality of life. Community recreation facilities provide opportunities to the community such as regular participation in physical activity which can improve overall mental and physical health.

Environmental Considerations

Council is responsible for the identification and management of Ku-ring-gai’s local environmental heritage. Consideration of this matter will assist Council in meeting this requirement. The retention and conservation of heritage places has an important role in protecting the environment. The environmental sustainability benefits afforded by the retention of heritage places include the substantial reduction in building, demolition and new construction waste, and the conservation of embodied energy in the existing buildings.

Community recreation facilities around Ku-ring-gai constitute a significant section of Council’s open space reserve system. Many open space recreation facilities are associated with natural areas that provide environmental functions including habitat and bio-linkage opportunities for flora and fauna. Recreation facilities also provide attractive visual amenity with native vegetation and landscaping which breaks up the urban landscape. In addition to this, the vegetation and canopy trees provide microclimate effects to the local area through mitigating wind velocity and the heat island effect created within urbanised areas.

Community Consultation

The Planning Proposal was placed on public exhibition between 11 February 2022 – 11 March 2022 in accordance with the requirements of the Gateway Determination and Ku-ring-gai’s Community Participation Plan. The Clubs and 824 adjoining property owners were notified of the public exhibition in writing and had the opportunity to provide feedback during the formal exhibition period. The Office of Premier and Cabinet – Heritage NSW was notified in accordance with the requirements of the Gateway Determination. The Planning Proposal and supporting information was made available on Council’s website and was available to be viewed at the customer service desk in accordance with Ku-ring-gai’s Community Participation Plan.

As a result of the public exhibition, a total of 349 submissions were received. 330 of the submissions were in support of the proposal and 17 submissions were in opposition of the proposal. 2 neutral submissions were made.

All persons who made a submission were notified of this matter being reported back to Council.

Internal Consultation

Consultation with the relevant internal sections of Council has been undertaken where required for this report, in particular, Development and Regulation. The KLPP reviewed the Planning Proposal in August and October of 2021. In addition, Council’s Heritage Reference Committee reviewed the proposed heritage item and moved a unanimous decision to support the listing.

Summary

This report provides an overview of the outcomes of the public exhibition. As a result of the public exhibition, a total of 349 submissions were received. 330 of the submissions were in support of the proposal and 17 submissions were in opposition of the proposal. 2 neutral submissions were made. This report considers the submissions received and recommends proceeding to rezone and heritage list the site.

Recommendation:

A. That Council adopt the Planning Proposal to heritage list the Killara Bowling Club and the Killara Lawn Tennis Club as a local heritage item and to rezone the site to RE2 Private Recreation.

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

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

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 rezone and heritage list the Killara Lawn Tennis Club and Killara Bowling Club and appendices		2022/117634
	A2	Appendix A - Heritage Assessment	Excluded	2022/026221
	A3	Appendix B - Letter from NSW Heritage	Excluded	2022/026232
	A4	Appendix C - HRC Minutes 20 May 2021	Excluded	2022/026233
	A5	Appendix D - Report and Resolution OMC 15 June 2021	Excluded	2022/026235
	A6	Appendix E - KLPP Advice August 2021	Excluded	2022/026238
	A7	Appendix F - KLPP Report and Advice October 2021	Excluded	2022/026240
	A8	Appendix G - Report and Resolution OMC 16 November 2021	Excluded	2022/026241
	A9	Appendix H - SHI Form	Excluded	2022/026244
	A10	Appendix I - Updated Springdale Conservation Area Statement	Excluded	2022/026246
	A11 ⇩	Gateway Determination 23 December 2021		2022/026261
	A12 ⇩	Updated Heritage Assessment - April 2022		2022/117493
	A13 ⇩	Explanation of changes to digital SHI for listing		2022/117489
	A14 ⇩	Submission Summary Table		2022/118441

Ordinary Meeting of Council - 24 May 2022	GB.16 / 1

Item GB.16	S08130/13

Council's Land Holding Strategy - Update Report

EXECUTIVE SUMMARY

purpose of report:	The purpose of this report is to seek Council approval for the divestment of residual parcels of land that had been purchased by or transferred to Council for various purposes, and to seek approval for the proposed reclassification and divestment of surplus Council land.

background:	At the 14 June 1994 OMC, it was resolved to reclassify a number of Council-owned sites from Community to Operational land. On 25 January 2013, the Ku-ring-gai Local Environment Plan (Town Centres) 2012 (LEP 2012) was gazetted. The LEP contained a number of sites zoned SP2 intended for local roads, and which nominated Council as the acquisition authority. At the 17 November 2020 OMC, it was reported that “a major financial challenge for Council is managing its declining infrastructure assets” and “Other properties will need to be identified for possible sale, or else the infrastructure program reduced.“ Additionally, at the March, June and July 2021 OMCs, Council’s land holdings strategy was further discussed.

comments:	The land parcels that are the subject of this report have little value to the community. If integrated with the adjoining freehold land, market value rates can be achieved. Furthermore, developers’ interest in acquiring surplus land provides Council with an opportunity to divest from land that will be problematic and expensive to access and maintain in future years.

recommendation:	That the actions identified within this report are endorsed by Council.

Purpose of Report

Background

At the 14 June 1994 OMC, OMC it was resolved to reclassify a number of Council-owned sites from Community to Operational land. Amongst this list was a parcel of land on Eric Street, Wahroonga, of some 2,662sqm known as 9 Eric Street. In 2014, it was Council’s understanding that this parcel of land was classified Community, and subsequently a reclassification process was undertaken, but was not required as the parcel was already classified Operational land. This included a report to Council, public exhibition, a resolution endorsing the reclassification and Planning Proposal was submitted for a Gateway Determination under section 3.34 of the Environmental Planning & Assessment Act 1979.

The Ku-ring-gai Local Environmental Plan (Local Centres) 2012 (LEP 2012), was published in the NSW Government Gazette on 25 January 2013. The LEP 2012 identified parcels of land that are reserved for future road links to improve connectivity and access within the existing road network.

At the OMC dated 26 May 2015, Council resolved that a portion of 56-58 Koola Avenue Killara be reclassified Operational land and following the gazettal of the rezoning and reclassification the General Manager be authorised to proceed with the preparation and lodgement of a subdivision plan for the property. It was also resolved that a further report be brought back to Council with respect to any future proposals for the new allotment fronting Koola Avenue and Reading Lane in East Killara. At the OMC dated 16 March 2021, an updated report was provided foreshadowing that a town planner had recently been engaged to lodge a DA for the lot subdivision, and once finalised a separate report be prepared regarding the proposed divestment.

The Ku-ring-gai Council Land Asset Divestment Strategy Confidential Portfolio Review was prepared for Council (APP Corporation Pty Ltd) in 2018. Both the previous and current Councils have been briefed on this strategy.

Further, at the 17 November 2020 OMC, a report titled “Funding of Council Infrastructure Assets” (GB.7) “outlined a major financial challenge for Council is managing its declining infrastructure assets” and “Other properties will need to be identified for possible sale, or else the infrastructure program reduced.“

Additionally, at the March, June and July 2021 OMCs, Council’s land holdings strategy was further discussed.

Over the past years Council has put forward numerous proposals for reclassification and divestment and, in some cases, Council has put forward proposals for reclassification that have not been supported by the State Government. At the present time Council is relying on the two bowling club sites to substantially bridge the funding gap identified above. Not only are these two sites of insufficient value cover the funding gap, the outcome of the rezoning and reclassification processes cannot be guaranteed. The identification of alternate sites for possible future disposal, and the commencement of what are necessarily long planning lead times, is now necessary.

Comments

At the OMC of March, June and July 2021, Council’s land holdings strategy was discussed, and it was noted that Council is currently relying on the divestment of its existing surplus land holdings to substantially bridge the funding gap required to manage its existing infrastructure and the community expectations for new and improved public infrastructure programs.

This report identifies a number of residual parcels of Council land left over following the acquisition/transfer of land for the purpose of constructing public roads as well as existing land parcels that are surplus to Council requirements, which can be divested at market rates subject to it being classified Operational. Council’s land holdings of interest for potential divestment that are the subject of this report are set out below:

1. Part 12 Bent Street, Lindfield (residual land from future road purposes at Lindfield Village Hub site)

2. Part 33 Moree Street, Gordon (residual land from Hanson Way)

3. 9 Eric Street, Wahroonga (Operational land)

4. Part 56-58 Koola Avenue, East Killara (Operational land)

5. 1192 Pacific Highway, Pymble (Community land)

RESIDUAL COUNCIL LAND SURPLUS TO COUNCIL’S NEEDS FOR FUTURE ROAD PURPOSES

Part 12 Bent Street, Lindfield (Lot 3 DP 1226294)

Background Information

Site Size: 500sqm

Site FSR: 1.3:1

Site zoning: R4 – High Density Residential

Classification status: Operational

Figure 1 represents the subject parcel highlighted blue, being the residual portion to the proposed future road as marked.

Figure 1: residual land at Part 12 Bent Street

Comments and Discussion

The subject parcel was originally acquired by Council for the purpose of a creating a future road link integral to Council’s overarching planning for the Lindfield town centre. The 500sqm residual portion is surplus to Council’s needs, and although it’s an undersized lot, its valuable R4 High Density Residential zoning can form part of an amalgamated development site with the neighbouring properties.

Proposed Action

· Divestment of the subject land to the adjoining neighbour in accordance with Council’s Acquisition and Divestment of Land Policy and independent valuation advice.

· As the subject land was acquired using development contributions, net proceeds would need to be returned to s.7.11 reserves.

Part 33 Moree Street, Gordon (Lot 13 DP 666504)

Background Information

Site Size: 398.5sqm

Site FSR: 0.8:1

Site zoning: R3 Medium Density Residential

Classification status: Operational

Figure 2 shows the subject parcel marked “2”, being the residual portion to Hansons Way following road construction in 2020.

Figure 2: Residual land at 33 Moree Street

Figure 3 shows the proposed plan of subdivision. The yellow portion represents Hansons Way and the orange portion represents the residual portion.

Figure 3: Proposed plan of subdivision

Comments and Discussion

The subject parcel was originally acquired by Council for the purpose of a future public road linking Moree and Dumaresq Streets in Gordon. The 398.5sqm residual portion is surplus to Council’s needs, and the undersized lot could form part of an amalgamated development site with the neighbouring properties.

Proposed Action

· Divestment of the subject parcel to the adjoining neighbour in accordance with Council’s Acquisition and Divestment of Land Policy and independent valuation advice.

· As the subject land was acquired using development contributions, net proceeds would need to be returned to s.7.11 reserves.

OPERATIONAL LAND THAT IS SURPLUS TO COUNCIL’S REQUIREMENTS

9 Eric Street, Wahroonga (Lot 1 DP 662194)

Background Information

Site Size: 2,681sqm

Site FSR: 0.3:1

Site zoning: R2 Low Density Residential

Classification status: Operational

Figure 4 depicts the subject parcel highlighted pink.

Figure 4: 9 Eric Street, Wahroonga

Comments and Discussion

The Department Planning and Environment originally acquired the site for road corridor purposes by way of the Sydney Region Development Fund which was established to fund the State’s contributions to regional scale infrastructure in the Cumberland County Scheme. The land was subsequently transferred to Council with a caveat restricting the future use of the land. The subject site was reclassified from Community to Operational land in 1994.

Similar to the former B2 Corridor lands in South Turramurra similarly acquired, Council and the Department jointly developed the subject land and shared the proceeds.

Proposed Action

· Council investigates the caveat on title and submits an application for its removal to allow for unencumbered, freehold title.

· Council staff seek valuation advice regarding the highest and best use of the subject site.

· Council explores the option to undertake physical works and to lodge a DA for the subdivision of land to maximise its net return.

· Divestment in accordance with Council’s Acquisition and Divestment of Land Policy and independent valuation advice.

· Proceeds net of any costs be split with the Crown Lands Office in the event of a sale.

Part 56-58 Koola Avenue East Killara (Part Lot 3 DP 588630)

Background Information

· Site Size: 1,628sqm (proposed lot 101 subject to subdivision)

· Site zoning: E4 Environmental Living

· Classification status: Operational land

Figure 5 depicts the proposed subdivision (lot 100 and lot 101) along Koola Avenue.

Figure 5: Proposed plan of subdivision

Comments and Discussion

The subject site forms 4,387sqm (approx.) and adjoins Reading Lane and East Killara Shopping Centre. At the OMC dated 26 May 2015, Council resolved that the subject site be reclassified Operational land and following the gazettal of the rezoning and reclassification the General Manager be authorised to proceed with the preparation and lodgement of a subdivision plan for the property. The remaining land (2,759sqm approx.) is to be retained as Community land.

At the OMC dated 16 March 2021, an updated report was provided which foreshadowed that a subdivision of land process was required prior to divestment of the Operational land portion, and that a second report to Council would be prepared following the finalisation of the lot subdivision. For expediency purposes, this report seeks Council approval for divestment of the Operational land portion subject to the finalisation of the subdivision, given the lodgement of the DA for the subdivision is now imminent.

Proposed Action

· To complete the subdivision application, and once approved to divest the subject site in accordance with Council’s Acquisition and Divestment of Land Policy and independent valuation advice. The remaining land (2,759sqm approx.) is to be classified Community land, which requires a resolution of Council and public notification in accordance with S34 of the Local Government Act 1993.

COMMUNITY LAND THAT IS SURPLUS TO COUNCIL’S REQUIREMENTS

1192 Pacific Highway, Pymble

Background Information

Site Size: 974sqm

Site FSR: 1.3:1

Site zoning: R4 – High Density Residential

Classification status: Community

Comments and Discussion

Council owns a parcel of land at 1192 Pacific Highway, Pymble located at the intersection of Pacific Highway and Telegraph Road. The vacant site is 974sqm in area and zoned R4 – High Density Residential. The land is currently classified Community and is known as ‘Secret Park,’ and was the subject of a Councillor site inspection on Monday, 2 May 2022.

Over time, the site has become progressively isolated and access to and from the site is becoming increasingly difficult with apartment developments along the northern and western boundaries and an approved development along the southern boundary at 1190 and 1190A Pacific Highway (Figure 6). The then owner/developer made contact with Council in late 2020 regarding the need to use Council’s adjoining car park to help facilitate site access to enable construction, and the parties agreed on terms, including Council’s requirement for a commercial based fee and make good of the car park. However due to contractual disputation on the part of the owner/developer, Council officers have been advised that the proposal is now on hold. At the time enquiries were made by the owner/developer regarding the potential to acquire 1192 Pacific Highway (Secret Park) from Council. This is Council’s last opportunity to divest the subject site so that it can be developed with the adjoining land.

Figure 6: Location of 1192 Pacific Highway

Photographs showing the view of the subject property from the street are included in Figures 7 to 8. The subject site is defined by a brick palisade wall with steel rails,

Figure 7: View showing the entrance to the site from Telegraph Road

Figure 8: View from Pacific Highway driving north

Photographs showing the access to the entrance of the site as well as the park itself are included in Figures 9 to 12. Note the stairs and platform are located on Council land.

Figure 9: View of the entrance to the park (from the north)

Figure 10: view of the entrance to the park

Figure 11: View from the park showing site entrance way

Figure 12: Photo of the park itself

Comments and Discussion

In order to assist Council in deciding whether the subject site is best retained and developed as a local park an assessment has been prepared using criteria set out in Council’s Open Space Acquisition Strategy:

• Location - The site is located in a low priority zone as the site is within close proximity to Robert Pymble Park, and in addition Council has recently identified a location for a new park on the western side of Pymble. Both locations are within walking distance of the subject site.

• Size - The OSAS requires new parks to have an area greater than 3000m² to provide for maximum passive recreation opportunity. The subject site is less than 1,000sqm in area and has no potential for future expansion due to adjoining developments.

• Natural Systems – Remnant vegetation on the site would conflict with the recreational use of the site.

• Cultural heritage - There would be no potential conflicts between heritage and recreation on the site. There is now no potential to connect this site to Council’s land holdings to the south (Ku-ring-gai Town Hall and Presbytery).

• Visual and landscape quality - The site does not have any visual or landscape qualities that would enhance the recreational use of the site. The site is heavily impacted by noise and pollution from the Pacific Highway.

• Accessibility - The site has significant access constraints due its location on a main road. The land is generally not accessible to the public as there is a drop of over 1 metre along the highway frontage behind the brick fence, the restricted access is via a stairwell as depicted in Figure 8 and the steeply sloping nature of the site.

• Visibility - The OSAS requires that new parks have at least two street frontages; the subject site does not comply with this requirement.

• Connectivity - The site does not provide potential to create new linkages between streets or parks

• Carrying Capacity - The site does not extend or build on an existing reserve or system of reserves.

• Economic Efficiency - A park in this location would duplicate the facilities currently provided in Robert Pymble Park and the proposed park on the western side of Pymble local centre.

• Management and Maintenance - The subject site is likely to be affected by unacceptable risks. The site includes a former car park deck area; the structural integrity of the structure would require investigation, as well as conformity to current safety standards if Council wishes to encourage public access.

• Passive Surveillance - The location is does not meet with "Safety by Design" principles in terms of passive surveillance resulting in potential for anti-social behaviour.

In summary, when assessed against the principles and criteria under the OSAS, the subject site is not a suitable location for a park because:

• existing and planned parks in the vicinity will cater for residents recreation needs;

• it is too small to be suitable for a park;

• the site is difficult to access, both by the general public and by Council for maintenance. This will be exacerbated once the adjoining development is constructed;

• its steep topography makes access difficult;

• remnant vegetation on the site would conflict with the recreational use of the site but could be retained and enhanced if included in redevelopment of adjoining sites;

• the site lacks the openness and visibility required to create a safe place;

• the site has no features that might make it an interesting place to visit; and

• it is heavily impacted by traffic noise and pollution from the Pacific Highway.

Proposed Action

· The adjoining owner/developer has made enquiries with Council regarding a potential acquisition. This will be Council’s last opportunity to divest itself of a parcel of land that has limited value as a local park or any other public purpose. Therefore, it is timely for Council to consider reclassification of the land from Community to Operational.

· This site is classified Community land and would require operational land status prior to divestment as part of amalgamated development with the adjoining land owners. Any future divestment will be subject to Council’s Acquisition & Divestment of Land Policy and will require a further resolution of Council.

integrated planning and reporting

THEME 6 – Council is well led, managed and supported by ethical organisations which deliver projects and services to the community by listening, advocating and responding to their needs.

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.

L2.1.1: Council maintains and improves its long term financial position and performance.

L2.1.1.4: Progress Council approved property acquisitions and divestments.

L2.1.1.5: Improve financial returns from Council’s property portfolio.

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

L2.1.3: Council has increased its commitment to infrastructure asset management priorities.

L2.1.3.2: Funding strategies are developed and implemented in line with Council’s adopted Asset Management Strategy.

Governance Matters

The management of Council’s land assets are covered by both the provisions of the NSW Local Government Act 1993, the Environmental Planning and Assessment Act1979, and Council’s Acquisition and Divestment Land Policy 2019.

Risk Management

There is a risk to Council’s reputation if it does not adequately fund its planned delivery of upgrades to its assets and infrastructure. In the event projects currently sitting within the Long Term Financial plan are not funded, the capital works program will need to be reduced and reprioritised.

Financial Considerations

Infrastructure assets such as roads, footpaths, buildings, and drains are Council’s core assets. The current estimate of the cost to renew all infrastructure currently in an unsatisfactory condition is $90m. Over the next 10 years, Council’s existing core infrastructure assets are forecast to depreciate by $233m. Expenditure on renewing these assets is budgeted at $247m, noting that of this expenditure, $36m is planned to be sourced from the sale of existing property assets.

Overall, depreciation is offset by expenditure on infrastructure assets (assuming asset sales are achieved).

Council’s LTFP continues the financial strategy of using funds from the sale of existing property assets ($111m) for future capital works. If these asset sales are not realised, Council’s financial position will significantly deteriorate and require remedial action. It is noted that planning for asset sales has so far been contested and delayed.

The assets sales funding is allocated to the Marian Street Theatre redevelopment ($22m), Infrastructure renewal ($36m), co-contributions to projects funded from s7.11 development contributions ($7.4m) and property development reserve ($45m).

The NSW Government has proposed changes to the development contributions system. Significant changes include the removal of community facilities, indoor recreation centres and public domain works from s7.11 plans and also reducing the contributions revenue Council would receive under s7.12 plans. Modelling commissioned by NSROC indicated that the impact of the changes for Ku-ring-gai could be a revenue reduction in the order of $5m pa.

It is not known if the NSW Government intend to proceed with the proposed changes. If they are implemented without modification, it is likely that Council will need to reduce future capital works funded from development contributions.

Each of these divestments will be separately established as projects within Council’s project management system with costs capitalised against the proceeds of sale of each site

Social Considerations

It is Council’s responsibility to plan, fund and manage our social infrastructure assets and the matters set out in this report further assist in the management of our social infrastructure.

Environmental Considerations

There are no immediate environmental considerations arising from this report.

Community Consultation

Not required for this report. If sites are rezoned or reclassified there are community consultation requirements that will be conducted as per Council’s policies and the relevant legislation including public notification and exhibitions, and formal public hearings where required.

Internal Consultation

Where relevant internal consultation has been undertaken for the preparation of this report.

A series of workshops with councillors and senior management were held to translate community feedback on priorities and expectations relating to the draft Delivery Program and Operational Plan into actions, and to identify the commitments (term achievements) that Council aims to deliver during its term for publication in the Delivery Program. Council’s asset recycling program was discussed within this context and subsequently retained as the primary means of funding projects such as the Infrastructure renewal ($36m), Marian Street Theatre redevelopment ($22m), co-contributions to projects funded from s7.11 development contributions ($7.4m), and property development reserve ($45m).

Summary

This report identifies a number of residual parcels of Council land left over following the acquisition/transfer of land for the purpose of constructing public roads, as well as existing land holdings that are surplus to Council requirements, which can be divested at market rates subject to it being classified Operational.

Residual Council land surplus to Council’s needs for future road purposes

Part 12 Bent Street, Lindfield and Part 33 Moree Street, Gordon are land holdings that were originally acquired by Council for the purpose of a creating future public roads. Their residual portions, 500sqm in the case of 12 Bent Street and 398.5sqm in the case of 33 Moree Street are now surplus to Council’s future needs and should be divested to the adjoining property owners in accordance with Council’s Acquisition and Divestment of Land Policy.

Operational land that is surplus to Council’s requirements

9 Eric Street Wahroonga was transferred to Council ownership from the (now) Department of Planning and Environment who originally acquired this land for road corridor purposes. Plans for the regional road link are long abandoned and other parts of the corridor have been sold and developed by State Government over time. The subject site was reclassified from Community to Operational land in 1994. It is recommended that Council divests from the subject site in accordance with Council’s Acquisition and Divestment of Land Policy. However, there is a caveat on title which first needs to be investigated, and subject to valuation advice Council may need to complete some site works and/or a subdivision of land to maximise the net sale price prior to divestment. Access issues by adjoining neighbours identified in the earlier public hearing can be managed through this process.

Part 56-58 Koola Avenue East Killara is a large Council landholding of some 4,387sqm adjoining Reading Lane and East Killara Shopping Centre. A portion of this site (1,628sqm) has been classified Operational and is surplus to Council’s requirements. It is recommended that Council divests from this surplus land holding, subject to the completion of the lot subdivision, and in accordance with Council’s Acquisition and Divestment of Land Policy. The remaining land (2,759sqm approx.) is to be classified Community land, which requires a resolution of Council.

Community land that is surplus to Council’s requirements

1192 Pacific Highway, Pymble, otherwise known as Secret Park, is Council Community land located at the intersection of Pacific Highway and Telegraph Road. The subject site is 974sqm in area and zoned R4 – High Density Residential and is a little known site that is difficult and unsafe to access for open space and ongoing maintenance purposes. The site’s R4 High Density Residential zoning is valuable and an amalgamated development site would be attractive for the adjoining neighbour/developer in the current market.

Over time, the site has become progressively isolated with apartment developments along the northern and western boundaries and an approved development along the southern boundary at 1190 and 1190A Pacific Highway.

The then owner/developer made contact with Council in late 2020 regarding the need to use Council’s adjoining car park to help facilitate site access to enable construction, and the parties agreed on terms, including Council’s requirement for a commercial based fee and make good of the car park. Council officers have since been advised that due to contractual disputation the proposal is now on hold, and enquiries were made regarding the potential to acquire 1192 Pacific Highway (Secret Park) from Council. This is Council’s last opportunity to divest the subject site to an undeveloped neighbouring property.

Recommendation:

A. That Council endorse the recommendations noted within this report.

B. In relation to the divestment of residual land acquired/transferred to Council for road purposes, that Council resolves to divest residual land at Part 12 Bent Street Lindfield (Lot 3 DP 1226294) and Part 33 Moree Street Gordon (Lot 13 DP 666504) to adjoining land owners in accordance with Council’s adopted Acquisition and Divestment of Land Policy.

C. In relation to Operational land that is surplus to Council’s requirements, that Council resolves to divest from 9 Eric Street, Wahroonga (Lot 1 DP 662194) and Part 56-58 Koola Avenue (Part Lot 3 DP 588630) via the process of appointing an expert local real estate agent for sale by public auction and in accordance with Council’s adopted Acquisition and Divestment of Land Policy. Independent valuation advice will be obtained prior to auction, for the purpose of setting a reserve price. In respect of the remaining land (2,759sqm approx. subject to survey) at 56-58 Koola Avenue, that Council resolves to classify it as Community land following public notification in accordance with S34 of the Local Government Act 1993.

D. In relation to Community land that is surplus to Council’s requirements, that a Planning Proposal be prepared and submitted for a Gateway Determination under section 3.34 of the Environmental Planning & Assessment Act 1979 to reclassify 1192 Pacific Highway, Pymble (Lot 8 DP 30236) from Community Land to Operational land. That the Planning Proposal/s be referred to the Ku-ring-gai Local Planning Panel in accordance with the Ministerial Direction Local Planning Panels Direction – Planning Proposals.

E. Where the land proposed for divestment contains existing infrastructure that is required to be retained for public purposes, that Council approves the creation of easements on title to protect Council’s interests.

F. That Council authorises the General Manager and/or his delegate to negotiate any contract terms and conditions required to protect Council’s interests.

G. Divestment of Council land is to follow the strict protocols and procedures set out in Council’s Acquisition and Divestment of Land Policy including securing independent expert valuation advice to determine the market value.

H. Council authorises the Mayor and General Manager to execute or transact any documentation associated with the divestment of the land and any future transactions as set out within this report; and

I. Council authorises the Seal of Council be placed on any necessary documentation if required.

J. Council notes that each of these divestments will be separately established as projects within Council’s project management system with costs capitalised against the proceeds of sale of each site.

Steve Johnson

Manager Property

Vince Rago

Property Program Coordinator

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Ordinary Meeting of Council - 24 May 2022	MM.1 / 1

Item MM.1	CY00455/10

Ordinary Meeting of Council - 24 May 2022	MM.2 / 1

Item MM.2	S10078

Ordinary Meeting of Council - 24 May 2022	GB.2 / 1

Item GB.2	CY00368/12
	2 May 2022

Ordinary Meeting of Council - 24 May 2022	GB.3 / 1

Item GB.3	CY00458/10

Ordinary Meeting of Council - 24 May 2022	GB.4 / 1

Item GB.4	FY00623/4
	29 April 2022

Ordinary Meeting of Council - 24 May 2022	GB.5 / 1

Item GB.5	FY00623/4
	21 April 2022

Financial year	Number of appeals received (whole year)
2017/2018	45
2018/2019	44
2019/2020	25
2020/2021	13
2021/2022 (as at 31 March 2022)	11

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 (11 appeals lodged)	$886,881	$402,328	$258,053	$226,500

Ordinary Meeting of Council - 24 May 2022	GB.7 / 1

Item GB.7	RFT3-2022/R

Attachments:	A1	RFT3-2022 List of Submitters		Confidential
	A2	RFT3-2022 Tender Evaluation Report		Confidential

Ordinary Meeting of Council - 24 May 2022	GB.8 / 1

Item GB.8	RFT16-2021/R

Attachments:	A1	RFT16-2021 List of Submitters		Confidential
	A2	RFT16-2021 - Revised Tender Evaluation Report		Confidential

Ordinary Meeting of Council - 24 May 2022	GB.9 / 1

Item GB.9	S02444/14

Ordinary Meeting of Council - 24 May 2022	GB.10 / 1

Item GB.10	CY00413/10

Ordinary Meeting of Council - 24 May 2022	GB.11 / 1

Item GB.11	S13433

Risk	Mitigation
The current CCTV Policy is outdated and limited in scope.	Update the Policy to be consistent with relevant legislation and State government guidelines
Council becomes overly reliant on use of CCTV in public places.

Ordinary Meeting of Council - 24 May 2022	NM.1 / 1

Item NM.1	S02777/16