Agenda of Ordinary Meeting of Council

Ordinary Meeting of Council

TO BE HELD ON Tuesday, 26 July 2022 AT 7:00PM

Level 3, Council Chamber

Agenda

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

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

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

The Livestream can be viewed here:

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

Disclaimer: All Ku-ring-gai Council Ordinary Meetings of Council are livestreamed for on-demand viewing on the KRG 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 following confidential report(s) and attachments:

C.1 NSW Heritage Act 1977

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

Attachment 1: 10 Park Cres Pymble - Covington - SHI heritage inventory sheet data form - Moore and Pike 1989

Attachment 2: Pymble Town Centre Heritage Review - City Plan Heritage

Attachment 3: 10 Park Crescent Pymble - Covington Decoration and Glass

Attachment 4: Preliminary Heritage Assessment 10 Park Crescent, Pymble

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.8 Proposed Park Bench Installation

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

Attachment 1: Park Bench Installation - Attachment 1

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

Attachment 2: Park Bench Installation - Attachment 2

GB.9 RFT12-2022 Gordon Tennis Pavilion and Gateway Structure Restoration

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

Attachment 1: RFT12-2022 List of Submitters

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

Attachment 2: RFT12-2022 Gordon Tennis Pavilion and Gateway Structure Restoration - Tender Evaluation Report

GB.17 Planning Proposal for part 4 Pennant Avenue, Gordon - Consideration of Public
Exhibition and Public Hearing

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

Attachment 18: Legal advice - Independent consultant recommendation

CONFIRMATION OF MINUTEs

Minutes of Ordinary Meeting of Council 15

File: S02131

Meeting held 28 June 2022

Minutes numbered 107 to 139

minutes from the Mayor

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 Council Sponsorship Applications 43

File: FY00275/14

To advise Council of the sponsorship requests received under Council’s Sponsorship Policy for 2022–2023.

Recommendation:

That Council approve the amount of sponsorship funding in excess of $5,000, to be granted for Events Sponsorship and Arts and Cultural Sponsorship.

GB.2 Minutes of Audit, Risk & Improvement Committee meeting held on 16 June 2022 116

File: CY00458/10

To provide Council with the Minutes from the Audit, Risk & Improvement Committee meeting held on 16 June 2022 for adoption.

Recommendation:

The minutes from the Audit, Risk & Improvement Committee meeting held on 16 June 2022 are adopted.

GB.3 Annual Report of the Audit, Risk and Improvement Committee for the year ended December 2021 124

File: CY00578/5

To provide the annual report of the Audit, Risk & Improvement Committee (ARIC) from the Chair for the year ended December 2021 that highlights the Committee’s activities and achievements.

Recommendation:

That the annual report of the Audit, Risk & Improvement Committee received and endorsed at the meeting of 16^th June 2022 be presented to Council.

GB.4 Local Government NSW Annual Conference 2022 - Registration, Voting Delegates and Call for Motions 143

File: S02046/15

To advise Council that registrations are now open for the Local Government NSW (LGNSW) Annual Conference 2022, the criteria and deadline for the submission of motions to be considered at the Conference, and for Council to determine its voting delegates at the Conference.

Recommendation:

That:

A. Councillors interested being a voting delegate to notify the General Manager by 12 August 2022.

B. Other Councillors interested in attending to notify the General Manager by 12 August 2022.

C. Councillors to provide any proposed motions for submission to the General Manager by 29 July 2022.

D. A report providing details of any proposed motions be referred to Council at its meeting on 16 August 2022 for approval prior to submission to LGNSW.

GB.5 Investment Report as at 30 June 2022 169

File: FY00623/5

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

Recommendation:

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

GB.6 Deed of variation of restriction as to use of land - 5 St Columbans Place North Turramurra 176

File: MOD0035/22

To seek Council’s agreement for the release of a registered restriction as to use that has become redundant.

Recommendation:

That Council authorise for the release of the registered ‘Restriction of Land Use’ pertaining to the Eucalyptus agglomerate (Blue leaved Stringybark) located on No. 5 St Columbans Green North Turramurra.

GB.7 Project Status Report - June 2022 182

File: FY00621/5

To provide Council with the Project Status Report reflecting results for April, May and June 2022.

Recommendation:

That Council receive and note the Project Status Report for June 2022

GB.8 Proposed Park Bench Installation 189

File: S02135

To consider the installation of a park bench on the road reserve adjoining 1 Mariana Close, St Ives.

Recommendation:

The Council approves the installation of the bench on the road reserve adjoining 1 Mariana Close St Ives.

GB.9 RFT12-2022 Gordon Tennis Pavilion and Gateway Structure Restoration 192

File: RFT12-2022/R

To consider the tenders received for RFT12-2022 Gordon Tennis Pavilion and Gateway Structure Restoration 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.10 Heritage Reference Committee meeting minutes - 7 April 2022 196

File: CY00413/10

To have Council consider the minutes from previous Heritage Reference Committee (‘HRC’) meeting held on 7 April 2022 and to adopt the changes supported by this committee to the Heritage Home Grants guideline.

Recommendation:

That Council receive and note the HRC minutes from 7 April 2022 and adopt the changes to the Heritage Home Grants guideline attached.

GB.11 Draft Public Art Policy - for Exhibition 205

File: S13691

To seek Council’s endorsement of a draft Public Art Policy for the purposes of public exhibition.

Recommendation:

That Council adopt the draft Public Art Policy for public exhibition and that the results of the exhibition are reported back to Council prior to finalising the document.

GB.12 Ku-ring-gai Public Domain Plan - Roseville - Draft for exhibition 235

File: S13385

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

Recommendation:

That Council adopt the draft Ku-ring-gai Public Domain Plan – Volume 2 - Roseville 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 Public Domain Plan - Lindfield - Post Exhibition 292

File: S12249

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

Recommendation:

GB.14 Expansion and Upgrade of Bedes Forest - Project Update 379

File: S13184

For Council to receive and note the results of the Phase 2 community consultation for the expansion and upgrade of Bedes Forest, St Ives.

Recommendation:

That Council receive and note the results of Phase 2 community engagement for the expansion of Bedes Forest; and that Council endorses the Bedes Forest Expansion - Draft Concept Plan as described in this report for public exhibition.

GB.15 Final draft concept Plan - Fitzsimons Lane and Pacific Highway, Gordon (North) Streetscape Upgrades - Post Exhibition 414

File: S12823

To report to Council on the outcomes of the exhibition of the draft concept plan and seek Council’s endorsement of the final draft concept design for the Gordon (North) Streetscape Upgrade.

Recommendation:

That Council adopt the final draft concept plan for Gordon (North) Streetscape Upgrades; and that staff prepare detailed design plans and tender documents, with the aim of tendering for construction by mid-2023.

GB.16 2022/2023 - Heritage Home Grants - Allocation of funding and conditions 426

File: S11080

For Council to consider the recommendations from the Heritage Reference Committee (HRC) for the applications under the Heritage Home Grants (HHG) program for 2022/23.

Recommendation:

That Council approves the grant applications as set out in this report for the Heritage Home Fund 2022/23. That Council waives any minor works application fees required by successful grant recipients to undertake projects approved for funding.

GB.17 Planning Proposal for part 4 Pennant Avenue, Gordon - Consideration of Public Exhibition and Public Hearing 441

File: S13471

For Council to consider the submissions received during the public exhibition of the Planning Proposal for part 4 Pennant Avenue, Gordon.

For Council to consider the public hearing report prepared by the Independent Chairperson following the public hearing for the reclassification of the site.

For Council to determine whether to proceed with the Planning Proposal and make an amendment to the Ku-ring-gai Local Environmental Plan 2015.

Recommendation:

That Council adopt the Planning Proposal to rezone and reclassify part 4 Pennant Avenue, Gordon.

GB.18 Environmental Levy Grant Program -
Round 24 521

File: S04553/18

To seek Council’s endorsement to fund round twenty-four (24) of the Environmental Levy grants program.

Recommendation:

That Council endorses the recommendations of the Environmental Levy Grants Assessment Panel to fund eighteen (18) projects, totalling $50,607.00 under round twenty-four (24) of the Environmental Levy grants program.

GB.19 Notification of Receipt of a Letter of Offer to enter into a Voluntary Planning Agreement for the extension of Dorset Drive 531

File: S13761

To advise Council of the receipt of a letter of offer to facilitate the extension of Dorset Drive in St Ives to support a proposed development application for the subdivision of 139 Rosedale Road St Ives.

Recommendation:

That the letter of offer be noted, that authority be delegated to the General Manager and his staff to liaise with the prospective applicants and their solicitors to progress the matter before reporting to Council for exhibition.

GB.20 Proposed Heritage Listing - Headfort House, Stanhope Road, Killara 539

File: S13801

For Council to consider commencing the process to list Headfort House, Stanhope Road, Killara as a heritage item under Schedule 5 of the KLEP 2015.

Recommendation:

That Council prepares a Planning Proposal to heritage list Headfort House, Stanhope Road, Killara and its curtilage including preparation of a heritage assessment and/or inventory based on the proponent’s heritage report.

That the Planning Proposal be forwarded to the Department for Gateway Determination and exhibited in accordance with any Gateway issued.

That, if in the meantime there is any threat of harm to Headfort House , Council make an IHO to protect the site from harm until a Planning Proposal can be progressed to Gateway Determination.

Extra Reports Circulated to Meeting

Motions of which due Notice has been given

NM.1 Status of Women's Advisory Committee 612

File: CY00368/12

Amended Notice of Rescission from Councillors Kay, Ngai and G. Taylor
dated 29 June 2022

At the Ordinary meeting of Council on 28 June 2022 the following was resolved with respect to Item GB.3 Status of Women's Advisory Committee:

Moved: Councillors Pettett/Ward

A. That council appoint 10 applicants from the confidential list Attachment A3 to the Status of Women’s Advisory Committee as decided in closed session and as initialled by the Mayor.

B. That in the terms of reference the membership be amended from "two councillors which may include the mayor" to be now "all councillors"

For the Resolution: The Mayor, Councillor Pettett, Councillors Lennon,

Smith, Ward and Wheatley

Against the Resolution: Councillors Kay, Ngai and G. Taylor

The following information is provided as background to the rescission motion:

· Two Councillors, Cr Cedric Spencer and Cr Alec Taylor, were not in attendance at the Ordinary Meeting of Council in June, so were unable to add their view or input into the discussion on the night.

· This committee seems to be unlike any other committee in the current Council term in that it is the only committee that has all councillors as committee members. All the Council committees now have councillors who are not members as observers only (unable to speak). It appears that the Status of Women’s Advisory Committee has been targeted with a bias, as it would be the only committee to have these rules.

· This motion has eliminated 5 women's voices from the group (community) as the group was allegedly too big, thereby reducing the female’s participation from 15 females to 10 female applicants, to be replaced with 7 male voices from councillors.

· There was no explanation as to why those individuals were chosen by the group of 5 councillors who voted for the change, only that they voted to reduce the group number. Not all councillors were consulted (at least 5 from the 10) were not approached regarding the pre-determined names by the other 5 councillors. In my opinion I believe this has been personal choices from some councillors as well as political, due to the high quality of candidates that applied.

· The public weren’t privy to the discussion due to a confidential session (which was to only discuss the committee members names that were chosen) and in hindsight I believe we should have gone back to open discussions in the chamber so that we are transparent to the community.

· I am concerned that two councillors feel that this committee is discriminatory against men.

· The mover of the motion Cr Pettett voted for the Terms of Reference along with Cr Smith last Council term, but seem to have changed their mind with no explanation to why 8 additional councillors (which include 7 men) have been added to this committee

· The recommended committee members were selected by a panel of staff members and a community member, it concerns me that the applicants that have been culled did not come from the recommendations of staff but by individual councillors.

· This Committee was created to give women a voice and empower them, this change with additional committee members who are men, does the exact opposite and steers away from the purpose of the committee and its creation.

The Status of Women’s Advisory Committee Draft Terms of Reference includes:

1. Role: The primary role of the Status of Women’s Advisory Committee is to:

· Provide advice, advocate, and raise awareness of issues that impact women in the Ku-ring-gai community.

2. Responsibilities: The Status of Women’s Advisory Group will:

· Identify and participate in projects, activities and opportunities that promote the inclusion of women in the community.

· Where appropriate, participate in and provide advice and feedback on Council’s planning processes, projects, events, and policies, to ensure objectives and actions reflect issues affecting women.

The purpose of the Status of Women’s Advisory Committee’s creation was to elevate specific women’s issues by giving women a voice and the opportunity in planning and improving services, facilities, programs and projects, whilst highlighting issues of the importance to women to improve the status of women in our community.

Members of the committee will provide advice, advocate and raise awareness of issues that affect women in Ku-ring-gai, promoting local networks, activities and events that celebrate women in our community.

The committee indicator is to make women feel valued, engaged and empowered to participate in their own way without judgement.

We, therefore, move:

That the resolution of the Ordinary Meeting of Council on 28 June 2022 regarding the Status of Women’s Advisory Committee be rescinded.

Recommendation:

That the above Notice of Rescission as printed be adopted.

NM.2 Ku-ring-gai as a Dementia Friendly Community 615

File: S02119

Notice of Motion from Councillor Kay dated 5 July 2022

Many people in Ku-ring-gai will experience a loved one developing dementia or will know someone living with dementia. Dementia overwhelmingly occurs among those aged 65 and over. It is a major cause of disability and dependency among older people, and consequently has a substantial impact on their families and carers, as people with dementia eventually become dependent on their care providers in most, if not all, areas of daily living. Dementia was listed by the Australian Institute of Health and Welfare in June 2021 as the leading cause of death for women and second leading cause of death for men in Australia.

In Ku-ring-gai, 18% of the population is over 65 according to the recent Census, and the number of people living with dementia in our community will continue to grow. Around 70% of people with dementia live in the community. Their disease can lead them to feel socially isolated, with diminished opportunities to interact with other people in the community and participate in social activities. With the support of their community, front-line staff in local businesses, organisations, neighbours, friends and family members, people with dementia can continue to do many of the things that they did before they received a diagnosis.

What is a Dementia Friendly Community?

A Dementia Friendly Community is “a place where people living with dementia are supported to live a quality of life with meaning, purpose and value” (Dementia Australia 2019) This is an initiative of Dementia Australia where local communities are empowered to make a difference.

In a dementia-friendly community people are aware of and understand dementia, communities are educated about dementia and treat people with dementia with respect and empathy. It is a safe physical and social environment for people living with dementia.

Dementia friendly communities encourage organisations, businesses, individuals and community groups to recognise those living with dementia as valuable members of the community.

Several ‘DCaf’ social cafés currently exist in Ku-ring-gai. They provide a place for people living with dementia and their family carers to socialise, relax and discover ways to live well with dementia. Group members enjoy morning tea and chats, make friends, and stay active and informed about local services and supports.

I move that:

A. A Dementia Alliance is created to develop and implement a Dementia Action Plan with a view to Ku-ring-gai becoming a Dementia Friendly Community as recognised by Dementia Australia. The Dementia Alliance will include people with dementia, their carers and supporters, interested individuals, representatives from local community groups, social clubs and faith-based groups, aged and disability service providers, retail, commercial and government organisations, health professionals. Within the Dementia Alliance there will be sub-committees that will work on the various aspects of the development and maintenance of a Dementia Friendly Community. The establishment of a Dementia Alliance is consistent with Council’s Disability Inclusion and Access Plan.

B. Council provides appropriate Dementia Awareness training (or Neurodiversity training) for all Council customer-facing staff including customer service, libraries, Wildflower Garden, Art Centre, sustainability, parking rangers and outdoor staff. This training will be incorporated into the Disability Access and Inclusion Plan training program.

Recommendation:

That the above Notice of Motion as printed be adopted.

NM.3 Long-term gender equality target 617

File: S13637

Notice of Motion from Councillors A. Taylor and Kay dated 8 July 2022

Women are underrepresented in key decision-making roles across almost all industries in the Australian workforce, according to the Workplace Gender Equality Agency of the Australian Government. While women make up half of the employees in the 2020-21 WGEA dataset (51%), women comprise only19.4% of CEOs and 32.5% of key management positions. The Agency has identified steps to get more women into leadership, including setting a clear diversity aspiration, backed up by accountability. It supports HESTA's ‘40:40 Vision’ initiative in which organisations pledge to attain a 40:40:20 gender balance target in executive leadership by 2030.

“Diversity of thinking makes for a healthy team and there’s clear evidence that better gender balance in leadership is not only fairer, but also good for business. Diversity also supports better performance, better governance and stronger long-term value.“ Debby Blakey GAICD, CEO of superannuation fund HESTA.

Women currently occupy a pleasing 41% of the 126 'leadership' roles (Technical Band 6 and above) in Ku-ring-gai Council. Unfortunately, that drops to 31% of the senior leadership team of the General Manager, Directors and their direct management reports. Ku-ring-gai’s Workforce Management Strategy (revised April 2021) acknowledged ‘a notable gender imbalance within staff occupying key leadership roles’. One of the actions identified within the strategy to ‘maximise leadership capabilities at all levels of the organisation’ was to ‘develop, implement and monitor targeted leadership programs to support and promote women in leadership and aspiring leaders.’

We, therefore, move:

A. That Council adopts a long-term target for gender diversity of the senior leadership team and interim targets based on a transition in line with employee turnover:

By 2030 or earlier the gender mix of the senior leadership team for Ku-ring-gai Council will be:

• 40% Female

• 40% Male

• 20% Any gender

B. That Council develops a gender equality strategy and plan by June 2023, including targets to be included in the FY23-24 performance objectives for key senior staff

C. That Council report back on the progress of targeted leadership programs for women

Recommendation:

That the above Notice of Motion as printed be adopted.

NM.4 Recycling bins in public spaces 619

File: S02294

Notice of Motion from Councillor G. Taylor dated 8 July 2022

Ku-ring-gai has quite a complicated and successful Domestic Waste Program. This service includes non-recyclable household waste, paper recycling, mixed recycling, green waste, and clean-up collections. Council is also trialling Compost Cooperative, a food scrap compost initiative for units and apartment blocks.

Ku-ring-gai currently only provides general waste bins in public spaces.

I would, therefore, like to move:

That Council Staff produce a report outlining the additional processes and costs involved in providing recycling bins in public places for the following three different models:

A. Three locations at Ku-ring-gai Bicentennial Park and three locations at St Ives Showground;

B. In addition to the six locations mentioned above in model A, one location at each neighbourhood centre and three locations at each town centre;

C. In addition to the locations mentioned above in models A and B, one location at each sporting facility and park (where bins already exist), throughout Ku-ring-gai.

I would like this document presented before Council by November.

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

QN.1 Contract for Norman Griffiths Oval and Recent Developments 620

File: S13191

InspectionS– SETTING OF TIME, DATE AND RENDEZVOUS

Confidential Business to be dealt with in Closed Meeting

C.1 NSW Heritage Act 1977

File: S10066

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 Director Strategy & Environment

John McKee

General Manager

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

Minute Ku-ring-gai Council Page

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 28 June 2022

Present:

The Mayor, Councillor J Pettett (Chairperson)

Councillor G Taylor (Comenarra Ward)

Councillors S Lennon & B Ward (Gordon Ward)

Councillors S Ngai (Roseville Ward)

Councillors C Kay & M Smith (St Ives Ward)

Councillor K Wheatley (Wahroonga Ward)

Staff Present:

Acting General Manager (David Marshall)

Director Community (Janice Bevan)

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)

Governance Support Officer/ Minutes Secretary (Nicole Kratochvil)

The Meeting commenced at 7:00PM

The Mayor offered the Prayer

107

Apologies

File: S02194

The Mayor advised of apologies from Councillor A.Taylor due to remote audio-visual technology not being available and Councillor Spencer due to illness.

The Acting General Manager Mr David Marshall advised of an apology from the General Manager Mr John McKee due to illness.

Resolved:

(Moved: Councillors Pettett/Smith)

That the apologies be accepted and leave of absence granted.

CARRIED UNANIMOUSLY

DECLARATIONS OF INTEREST

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

Councillor Ward declared a non-pecuniary interest in GB.2 – Marian Street Theatre for Young People Request for Funding 2023-2025, as she previously served on the Board. Councillor Ward will leave the Chambers during debate on this item.

Councillor Lennon declared a non-significant non-pecuniary interest in GB.2 – Marian Street Theatre for Young People Request for Funding 2023-2025, due to an association with Cathy Morcom (President of the Marian Street Theatre for Young People) as parents through St Ives Scouts. Councillor Lennon will remain in the Chambers during debate on this item.

DOCUMENTS CIRCULATED TO COUNCILLORS

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

Memorandums:

RC.1 Minutes of Ku-ring-gai Traffic Committee 25 May 2022

1) Covering report as was omitted from the published Agenda

GB.2 Marian Street Theatre for Young People Request for
Funding 2023-2025

1) Memorandum from Manager Governance and Corporate Strategy re: letter from Paul Fletcher MP, Federal Member for Bradfield - Marian Street Theatre Funding Application

GB.5 Draft Community Strategic Plan - Ku-ring-gai 2032 -
Post Exhibition

1) Memorandum from Manager Governance and Corporate Strategy re: letter from Alister Henskens SC MP, Member for Ku-ring-gai to Mayor Pettett

GB.19 Review of Streets as Shared Spaces Program – Round II
Funding

1) Memorandum from Director Strategy & Environment dated 28 June 2022 to Councillors re: Streets as Shared Spaces – Round II funding –New location: Turramurra Commercial Centre

2) Concept plan for the Streets as Shared Spaces – Round II funding – Turramurra

GB.23 Draft Delivery Program 2022-2026 and Draft Operational Plan 2022 – 2023 – Post Exhibition

1) Memorandum from Director Corporate dated 28 June 2022 re: recommended rates peg increase

QN.1 Marian Street Theatre

1) Memo - Marian Street Theatre - QN.1 from Councillor Spencer

Late Agenda Attachment:

GB.23 - Draft Delivery Program 2022-2026 and Draft Operational Plan 2022-2023 - Post Exhibition (UPDATED)

Report by Manager Governance & Corporate Strategy dated 14 June 2022 and attachment.

108

CONFIRMATION OF REPORTS AND ATTACHMENTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/9

Resolved:

(Moved: Councillors Smith/Wheatley)

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:

C.1 Divestment of Council land - 97 Babbage Road Roseville Chase

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

Attachment 1: Valuation by Errol Ferdinands - 97 Babbage Road Roseville
Chase
Attachment 2: Valuation by NBV - 97 Babbage Road Roseville Chase

GB.2 Marian Street Theatre for Young People Request for Funding 2023 - 2025

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

Attachment A1: MSTYP - Funding application - Ku-ring-gai Council
Attachment A2: MSTYP - Theatre Program 2023-25
Attachment A3: MSTYP - Program Logic
Attachment A4: MSTYP to John McKee-Funding Application Apr 2022

GB.3 Status of Women's Advisory Committee

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

Attachment A2: Combined Responses - Status of Women Advisory
Committee
Attachment A3: Status of Women's Advisory Committee Member Selection

GB.15 Sustainable Recreation Advisory Group - member confirmation

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

Attachment A1: Recommended community representatives

GB.17 Nominations to the Flood Risk Management Committee

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

Attachment A1: Confidential Attachment - Flood Risk Management
Committee Recommendations 2022

GB.18 Heritage Reference Committee members

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

Attachment A1: Confidential Attachment A1

GB.20 Marian Street Theatre Project Update

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

Attachment A1: MST Schematic Design Cost Estimate
Attachment A2: MST Cost Shift Analysis

GB.22 RFT11-2022 Nar-rang Reserve Play Space Upgrade

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

Attachment A1: RFT11-2022 List of Submitters
Attachment A2: RFT11-2022 Tender Evaluation Report

CARRIED UNANIMOUSLY

CONFIRMATION OF MINUTEs

109

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 24 May 2022

Minutes numbered 86 to 106

Resolved:

(Moved: Councillors Smith/Ward)

That Minutes numbered 86 to 106 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

minutes from the Mayor

110

KU-RING-GAI COUNCIL – WINNERS OF THE NSW FINAL OF THE AUSTRALASIAN MANAGEMENT CHALLENGE

File: S13645

Vide: MM.1

I am very proud to advise the Council and our community of a significant achievement by some of our staff in May 2022.

A team of six staff drawn from all Council departments participated in this year’s Australasian Management Challenge.

The Challenge is an annual event aimed at identifying young and emerging leaders in local government across Australia and New Zealand.

Teams of up to six members participate in a number of tasks and problem solving activities designed to emulate real-life scenarios that they would encounter as Council managers.

This year, the Ku-ring-gai Council team called Re-Generation were competing against 18 other teams. They were supported by the Director of Community, the Manager of Library Services and the Manager of Visitor Experience and Events as team mentors.

The Challenge activities culminated in a day long experience designed to test the team’s creativity and skills against other teams. Feedback was provided by professionals in the local government sector.

I was privileged to attend the awards presentation and see the team awarded first place for their efforts in the NSW final of the Management Challenge.

They will now represent NSW councils in the nationwide finals to be held in Adelaide later this year.

The importance of the Challenge cannot be underestimated. It is a fact that councils – like many other organisations – have an ageing workforce and succession planning is critical to avoiding a looming skills shortage. Having the next generation of managers able to step up and ensure a smooth transition is vital.

On behalf of Council, I congratulate all the staff who took part in this exciting initiative and represented Ku-ring-gai so well. I am sure I speak for the community in wishing them all the best in the national finals of the Australasian Management Challenge.

Resolved:

(Moved: Councillors Pettett)

That Council acknowledge the outstanding achievement of the team and wish them well for the national finals later this year, recognising the following staff members: Samantha Groth, Joanna Assad, Nick Tran, Sybylla Brown, Eileen Rawlinson and Maria Rigoli.

CARRIED UNANIMOUSLY

111

The Queen's Birthday Honours 2022

File: S02767

Vide: MM.2

I am pleased to inform you that 15 Ku-ring-gai citizens, through their outstanding achievements and services to the community, have been awarded 2022 Queen’s Birthday Honours.

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

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

Mr Joseph Anthony BOTTA OAM of Wahroonga, for service to the community through a range of organisations

Mr Robert Sugden BURNETT OAM of Turramurra, for service to the community through a range of organisations

Dr Cecile Roslyn FERGUSON OAM of St Ives, for service to people with disability, and to the community

Professor Maria Antoinette FIATARONE SINGH AM of Wahroonga, for significant service to geriatric medicine, to research, and to education

Mr John Christopher GATFIELD OAM of Lindfield, for service to veterans, and to broadcast media

Dr Marlene KANGA AM AO of Gordon, for distinguished service to engineering, particularly as a global leader and role model to women, to professional organisations, and to business

Ms Elizabeth Ann KOFF AM of Roseville, for significant service to public health administration and governance, and to professional organisations

Mr Stephen Kin Ming LIU AM of Killara, for significant service to cancer support services, and to the community

Mr Kersi MEHER-HOMJI OAM of St Ives, for service to the multicultural community, and to cricket

Dr Patricia Margaret SELKIRK AAM AC of Turramurra, for eminent service to science and conservation, particularly through research of Antarctic and sub-Antarctic terrestrial ecosystems, to tertiary education, and as a mentor and champion for women

Mr Anthony Kenrick STAVELEY AM of Turramurra, for significant service to community health, and to people with disability

Mrs Carolyn Anne STEDMAN OAM of Turramurra, for service to children particularly as a foster parent

Mr David Eric STEDMAN OAM of Turramurra, for service to children particularly as a foster parent

Mr Terence Leland STERN OAM of St Ives, for service to the law through legal societies

Mrs Helen Elizabeth SJOQUIST AM of Wahroonga, for significant service to the performing arts, and to youth

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

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

Resolved:

(Moved: Councillors Pettett)

A. That Council acknowledge the outstanding contribution made by these recipients of the Queen’s Birthday Honours 2022 to the Ku-ring-gai community and to the well-being of our society.

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

CARRIED UNANIMOUSLY

PETITIONS

112

Petition supporting proposed rural fire station at Koola Avenue East Killara - DA0095/22

File: DA0095/22

Vide: PT.1

To the Mayor and General Manager, Ku-ring-gai Council

Recognising the:

- serious bush fire, storm and other risks to the residents of Ku-ring-gai and, in particular, to the urban bushland interface in Killara, Lindfield, Gordon, Roseville and St Ives;

- extensive support provided to the community by the Killara rural fire brigade;

- advantages of building the fire station on the site of the old Scout Hut on Koola Ave; and

- the fact that the station has been designed and the building located on the site in a way that has a minimal impact on the local area.

The following petitioners urge Council to approve the proposal to build the fire station in Koola Avenue (303 signatures).

Resolved:

(Moved: Councillors Ward/Lennon)

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

CARRIED UNANIMOUSLY

113

Petition for submission - MOD0041/22 - 77 Werona Avenue Gordon

File: MOD0041/22

Vide: PT.2

The Wyatt, located at 77 Werona Avenue, Gordon, has submitted a modification of their DA approval to extend the business hours to Wednesday – Sunday 10 pm and use outdoor seating for dinner trading.

I am aware of the above proposal and I fully support it. The Wyatt is a valued business and service to the Gordon community. The Wyatt has been managed well and has operated well since they have opened from last April 2021, providing great coffee, food, and quiet friendly atmosphere to the community. The outdoor dining is important as we need somewhere to have good Alfresco dining for dinner.

In addition to saving businesses and jobs, outdoor seating enlivens our public spaces and fosters a safe and friendly atmosphere. It is small intimate space to meet friends, right opposite the railway station, under an awning and not outside a residential premises, but a business.

I’m signing this petition in full support of the Wyatt proposed modification application. (79 signatures).

Resolved:

(Moved: Councillors Ward/Lennon)

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

CARRIED UNANIMOUSLY

114

Petition to Ku-ring-gai Council concerning the planned blocking of the St Alban's Anglican Church's main driveway at the intersection of Lindfield Ave and Tryon Road, Lindfield

File: TM6/14

Vide: PT.3

We, the undersigned, believe and are therefore concerned that Council’s plans to block the main driveway of the Church – when traffic lights are installed at the intersection – will make it difficult for the disabled and the elderly in the community to access the services provided by the Church. We ask the Council’s traffic engineers, in collaboration with Transport for NSW, design the traffic lights and the kerb crossing in a way that safely permits limited vehicular access.

The Church will reserve the vehicular access principally to provide convenient use for those in the community who could not otherwise attend the church because of disability, age, infirmity, or other special needs (such as babies in baby carriers). Larger and ceremonial vehicles would be requested to use the hardstand to be provided by Council on the footpath outside The Rectory (7 Tryon Rd). All other users would be asked to utilise on-street parking or the Council car park under the Lindfield Village Green. Access via the driveway will be restricted to one direction only, that being whichever direction Transport for NSW determines to be the safest. (265 signatures)

Resolved:

(Moved: Councillors Ward/Lennon)

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

CARRIED UNANIMOUSLY

Recommendations from CommitteeS

115

Minutes of Ku-ring-gai Traffic Committee 25 May 2022

File: CY00022/14

Vide: RC.1

Meeting held 25 May 2022

Minutes numbered KTC04 to KTC10.

Resolved:

(Moved: Councillors Pettett/Smith)

That:

A. In respect to Minutes numbered KTC04, KTC06, KTC07 and KTC10, Council adopts the Committee recommendation. (KTC08 and KTC09 has no decision)

B. In respect to Minute numbered KTC05, this is to be brought back to the next Traffic Committee meeting for review.

CARRIED UNANIMOUSLY

GENERAL BUSINESS

116

Investment Report as at 31 May 2022

File: FY00623/4

Vide: GB.4

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

Resolved:

(Moved: Councillors Smith/Ward)

That:

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

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

CARRIED UNANIMOUSLY

117

Draft Community Strategic Plan - Ku-ring-gai 2032 - Post Exhibition

File: S13365

Vide: GB.5

To seek Council’s endorsement to the exhibited Community Strategic Plan - Ku-ring-gai 2032 with minor amendments and corrections.

Resolved:

(Moved: Councillors Smith/Ward)

A. That pursuant to Section 402 of the Local Government Act, 1993, Council endorse the Community Strategic Plan - Ku‑ring-gai 2032 with recommendations discussed in this report

B. That Council post a copy of the Community Strategic Plan - Ku-ring-gai 2032 on Council’s website and provide a copy to the Chief Executive of the Office of Local Government within 28 days of Council’s endorsement of the Plan.

C. That Council writes to all residents, groups and agencies that made submissions in relation to the draft Community Strategic Plan - Ku‑ring-gai 2032 and advise them of the outcomes of Council’s consideration.

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

Against the Resolution: Councillor Kay

118

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

File: FY00382/14

Vide: GB.6

To adopt the Delivery Program 2022-2026 and Operational Plan 2022-2023, incorporating the Budget, Capital Works Program, Statement of Revenue Policy and draft Fees and Charges for 2022-2023.

Note: Please refer to item GB.23 which replaced item GB.6.

119

Draft Long Term Financial Plan 2022-2032 - Post Exhibition

File: S13637

Vide: GB.7

To adopt the exhibited Long Term Financial Plan 2022 – 2032.

Resolved:

(Moved: Councillors Smith/Wheatley)

A. That pursuant to Section 403 of the Local Government Act 1993, Council adopt the exhibited Long Term Financial Plan.

B. That Council writes to all residents, groups and agencies that made submissions in relation to the draft Long Term Financial Plan 2022 – 2026 and advise them of the outcomes of Council’s consideration.

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

Against the Resolution: Councillors Kay and Ngai

120

Mayor and Councillor Fees - 2022/2023 Local Government Remuneration Tribunal Report and Determination

File: S13632

Vide: GB.8

To determine the mayor and councillor fees for the 2022/23 financial year.

Resolved:

(Moved: Councillors Smith/Ward)

That effective 1 July 2022:

A. The annual councillor fee be set at $26,840; and

B. The annual mayoral fee be set at $71,300, in addition to the councillor fee.

CARRIED UNANIMOUSLY

121

Disclosures of Interest Returns

File: CY00440/10

Vide: GB.9

To table an updated Disclosure of Interest Return form from Councillor Ward in accordance with Schedule 1 of the Ku-ring-gai Council Code of Conduct (the Code).

Resolved:

(Moved: Councillors Smith/Lennon)

That the tabling of Councillor Ward’s updated Disclosure of Interest Returns form be noted.

CARRIED UNANIMOUSLY

122

Code of Meeting Practice (Post Public Exhibition)

File: S02211

Vide: GB.10

To present Council with a final draft Code of Meeting Practice for adoption following the public consultation period, and note new provisions for public forums.

Resolved:

(Moved: Councillors Smith/Ward)

That Council adopt the attached Code of Meeting Practice (Attachment A1).

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

Against the Resolution: Councillor G. Taylor

123

Basketball and Netball Facilities in Roseville, Lindfield and Killara

File: S07823

Vide: GB.13

To report back to Council on the provision on the equitable provision of facilities.

Resolved:

(Moved: Councillors Smith/Lennon)

That Council receive and note the report and await the outcomes of the Recreation Needs Study to inform the future direction of community sports.

For the Resolution: The Mayor, Councillor Pettett, Councillors Kay, Lennon, Smith, Ward and Wheatley

Against the Resolution: Councillors Ngai and G. Taylor

124

Site Specific DCP - 47 Warrane Road, Roseville Chase

File: S13447

Vide: GB.14

To have Council consider an amendment to the Ku-ring-gai Development Control Plan (DCP) to include site specific controls for 47 Warrane Road, Roseville Chase.

Resolved:

(Moved: Councillors Smith/Ward)

A. That Council endorse the draft site specific DCP amendments for 47 Warrane Road, Roseville Chase for the purpose of public exhibition.

B. That the draft site specific DCP amendment be placed on public exhibition.

C. That a report be brought back to Council to consider submissions made to the public exhibition.

For the Resolution: The Mayor, Councillor Pettett, Councillors Lennon, Smith, Ward and Wheatley

Against the Resolution: Councillors Kay, Ngai and G. Taylor

125

Notification of Receipt of a Letter of Offer to enter into a Voluntary Planning Agreement for the dedication of land

File: S13749

Vide: GB.16

To advise Council of the receipt of a letter of offer to facilitate the dedication of land for public benefit associated with DA0025/21 for 2 – 4 Park Crescent Pymble

Resolved:

(Moved: Councillors Smith/Wheatley)

A. That Council endorses the General Manager and staff undertaking an active role to facilitate the dedication of land for public domain improvements along Park Crescent in Pymble as identified in Ku-ring-gai Development Control Plan (KDCP) and the Ku-ring-gai Town Centres Public Domain Plan 2010.

B. That following review and negotiation by Council’s internal and external lawyers and staff of the property and urban planning units of the Strategy and Environment Department, a draft planning agreement be presented to council with a view to public exhibition.

CARRIED UNANIMOUSLY

126

Nominations to the Flood Risk Management Committee

File: S10746

Vide: GB.17

To appoint community representatives to the Flood Risk Management Committee.

Resolved:

(Moved: Councillors Smith/Ward)

That selected nominations are accepted and adopted

CARRIED UNANIMOUSLY

127

Heritage Reference Committee members

File: CY00413/10

Vide: GB.18

To provide Council with recommendations regarding community representatives nominated for Council’s Heritage Reference Committee.

Resolved:

(Moved: Councillors Smith/Wheatley)

That Council approve the 2 Community Representatives recommended in the Confidential Attachment of this report.

CARRIED UNANIMOUSLY

128

Marian Street Theatre Project Update

File: S12062-3

Vide: GB.20

To update Council on the Marian Street Theatre project.

Resolved:

(Moved: Councillors Smith/Lennon)

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

B. That Council notes the revised cost estimate for the project at completion of Schematic design (approximately 70% design development) included in Confidential Attachment A1.

C. That Council notes further cost increases may occur prior to a contract for construction being awarded and during construction.

D. If Council proceeds it accepts the risk of project costs and financial commitment increasing.

CARRIED UNANIMOUSLY

129

Policy for Electric Vehicle Charging Infrastructure on Council Land – Draft for public exhibition

File: S13127

Vide: GB.21

For Council to consider the review of the Policy for Electric Vehicle Charging Infrastructure on Council Land and to seek endorsement to place the updated policy on public exhibition.

Resolved:

(Moved: Councillors Smith/Ward)

A. The draft Policy be placed on public exhibition for a period of 28 days.

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

1. Should any submissions be received regarding the draft Policy, a further report be submitted to Council, or

2. Should no submissions be received, Council adopt the draft Policy as per Attachment A1 to this report.

CARRIED UNANIMOUSLY

130

RFT11-2022 Nar-rang Reserve Play Space Upgrade

File: RFT11-2022/R

Vide: GB.22

To consider the tenders received for RFT11-2022 Nar-rang Reserve play space upgrade and to appoint the preferred tenderer.

Resolved:

(Moved: Councillors Smith/Lennon)

That:

A. Council accepts the tender submission from Tenderer ‘A’ to carry out the Nar-rang Reserve 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

131

Divestment of Council land - 97 Babbage Road Roseville Chase

File: S09767

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)(c), of the Act, and should be dealt with in a part of the meeting closed to the public.

Section 10A(2)(c) of the Act permits the meeting to be closed to the public in respect of information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

The matter is classified confidential because it deals with the proposed acquisition and/or disposal of property.

It is not in the public interest to release this information as it would prejudice Council’s ability to acquire and/or dispose of the property on appropriate terms and conditions.

Report by Manager Property dated 6 June 2022

Resolved:

(Moved: Councillors Pettett/Kay)

A. That Council notes the reserve price to be set at auction and the actions proposed within this report for the divestment of 97 Babbage Road;

B. 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

C. Council authorises the Seal of Council be placed on all necessary documentation if required.

For the Resolution: The Mayor, Councillor Pettett, Councillors Kay, Lennon, Smith, Ward and Wheatley

Against the Resolution: Councillors Ngai and G. Taylor

Motions of which due Notice has been given

132

Multicultural Advisory Committee

File: S04141

Vide: NM.1

Notice of Motion from Councillor Ward dated 3 June 2022

Ku-ring-gai is an area which is rich in diversity, with 36% of residents from non-English speaking background. Ku-ring-gai council values this diversity and is committed to building a community which is resilient and inclusive. To support these values, I propose that the Council establish a Multicultural Advisory Committee.

Without limiting the scope of the Terms of Reference the aim of such a committee would be to recognise the barriers, challenges and benefits of cultural diversity and assist in forging a just, inclusive, harmonious, and socially cohesive society with people from Culturally and Linguistically Diverse (CALD) communities through education and celebrations of significant events.

The formation of such a committee would also assist Council in developing and implementing a Cultural Inclusion Plan, which is currently in draft form.

I therefore move that:

A. Council establishes a Multicultural Advisory Committee.

B. Staff provide a report on the role, operation and resourcing and also include a draft Terms of Reference for the Committee. The report is to be reported to Council by September 2022.

Resolved:

(Moved: Councillors Ward/Smith)

That the above Notice of Motion as printed be adopted.

CARRIED UNANIMOUSLY

133

Active Transport Committee

File: S02527

Vide: NM.2

Notice of Motion from Councillors Lennon, Ward and Pettett dated 8 June 2022

To adopt the language of the New South Wales state government, an Active Transport Committee would expand the proposed Bicycle Advisory Committee to encompass walking as well as cycling.

We, therefore, move:

A. That Council establish an Active Transport Committee.

B. That staff report back to Council within three months with recommendations for terms of reference for an Active Transport Committee.

C. That Council rescinds the resolution passed at the May 2022 ordinary meeting of council that “Staff report back to Council with recommendations for terms of reference for a Bicycle Advisory Committee.”

Resolved:

(Moved: Councillors Lennon/Ward)

That the above Notice of Motion as printed be adopted.

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

Against the Resolution: Councillors Kay and Ngai

GENERAL BUSINESS (CONTINUED)

134

Old Nursery Site St Ives - Business Review

File: S12710

Vide: GB.1

To provide Council with an updated Business Review for the St Ives Showground and Precinct Lands, which includes the Old Nursery site.

Resolved:

(Moved: Councillors G. Taylor/Kay)

A. That Council receive and note the St Ives Showground Precinct Lands Old Nursery Site Business Review undertaken by Smart Connection Consultancy.

B. That, as per the recommendations from the Smart Connection Business Review, Council does not proceed with a community garden or retail nursery on the Old Nursery site.

CARRIED UNANIMOUSLY

135	Marian Street Theatre for Young People Request for Funding 2023 - 2025 File: S10577/5 Vide: GB.2
	To advise Councillors of a request from the Marian Street Theatre for Young People for annual funding of $70k per year for three years, plus use of the Ku-ring-gai Town Hall for six weeks per year, from January 2023 to December 2025 inclusive. Councillor Ward left the meeting during discussion and voting on this item.
	MOTION: (Moved: Councillors Smith/Kay) That the request from the Marian Street Theatre for Young People for annual funding be deferred and allow the request to be considered and included in the annual sponsorship report which will be reported to council shortly.
	AMENDMENT: (Moved: Councillors G.Taylor/Kay) That Council provide funding of $35,000 annually, and in-kind use of the Ku-ring-gai Town Hall for six weeks per year, both from January 2023 to December 2025 inclusive. The Amendment was put and declared LOST: For the Amendment: Councillors Kay and G. Taylor Against the Amendment: The Mayor, Councillor Pettett, Councillors Lennon, Ngai, Smith and Wheatley Debate recommenced on the Motion. The Motion was put and CARRIED UNANIMOUSLY
	Resolved: (Moved: Councillors Smith/Kay) That the request from the Marian Street Theatre for Young People for annual funding be deferred and allow the request to be considered and included in the annual sponsorship report which will be reported to council shortly.

procedural motion

Council resolved itself into Closed Meeting with the press and public excluded to deal with the following item after a Motion moved by Councillors Smith and Councillor Ward
was CARRIED UNANIMOUSLY.

136	Status of Women's Advisory Committee File: S13683 Vide: GB.3
	To provide Council with recommendations for 15 community representatives to be appointed to the Status of Women’s Advisory Committee.
	MOTION: (Moved: Councillors Pettett/Ward) A. That council appoint 10 applicants from the confidential list Attachment A3 to the Status of Women’s Advisory Committee as decided in closed session and as initialled by the Mayor. B. That in the terms of reference the membership be amended from "two councillors which may include the mayor" to be now "all councillors".
	AMENDMENT: (Moved: Councillors Ngai/G.Taylor) That Council appoint the 15 applicants who have been recommended by the selection panel to the Status of Women’s Advisory Committee (see Confidential Attachment A3). The Amendment was put and declared LOST: For the Amendment: Councillors Kay, Ngai and G. Taylor Against the Amendment: The Mayor, Councillor Pettett, Councillors Lennon, Smith, Ward and Wheatley Debate resumed on the Motion. The Motion was put and declared CARRIED.
	Resolved: (Moved: Councillors Pettett/Ward) A. That council appoint 10 applicants from the confidential list Attachment A3 to the Status of Women’s Advisory Committee as decided in closed session and as initialled by the Mayor. B. That in the terms of reference the membership be amended from "two councillors which may include the mayor" to be now "all councillors" For the Resolution: The Mayor, Councillor Pettett, Councillors Lennon, Smith, Ward and Wheatley Against the Resolution: Councillors Kay, Ngai and G. Taylor

Open Council resumed after voting on Item GB.3

procedural motion:

Council resolved to recommit resolutions for GB.11 and GB.12 to correct any ambiguity and confirm the voting on the Council’s resolution after a Motion moved by Councillors Pettett and Smith was CARRIED UNANIMOUSLY.

Councillor G. Taylor left the meeting during discussion and voting on items GB.11 and GB.12.

137

The Glade - Draft Landscape Masterplan - For Exhibition

File: S13590

Vide: GB.11

To seek Council’s endorsement of a draft Landscape Masterplan for The Glade, Wahroonga for public exhibition.

Resolved:

(Moved: Councillors Smith/Wheatley)

A. That Council adopt The Glade draft Landscape Masterplan for public exhibition.

B. That following exhibition a final draft Landscape Masterplan, incorporating community comment, be reported back to Council.

CARRIED UNANIMOUSLY

138

Planning Proposal to amend Schedule 5 - Environmental Heritage and associated Heritage Maps

File: S13388

Vide: GB.12

For Council to consider a Planning Proposal to correct or clarify local heritage listings in Schedule 5 of the Ku-ring-gai Local Environmental Plan 2015 (KLEP 2015) and the associated heritage mapping.

Resolved:

(Moved: Councillors Smith/Wheatley)

A. That the 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.

B. That Council requests the plan making delegation under Section 3.36 of the EP&A Act and Regulations.

C. That upon receipt of a Gateway Determination, the exhibition and consultation process is carried out in accordance with the requirements of the EP&A Act and with the Gateway Determination requirements.

D. That a report be brought back to Council at the conclusion of the exhibition period.

CARRIED UNANIMOUSLY

procedural motion:

Council resolved itself into Closed Meeting with the press and public excluded to deal with the following item after a Motion moved by Councillors Kay and Smith was CARRIED UNANIMOUSLY.

139

Sustainable Recreation Advisory Group - member confirmation

File: S11290

Vide: GB.15

To provide Council with recommendations regarding community representatives nominated for the Sustainable Recreation Advisory Group.

Resolved:

(Moved: Councillors Kay/G. Taylor)

That Council approve the eleven (11) community representatives who submitted applications in the Confidential Attachment of this report.

CARRIED UNANIMOUSLY

Open Council resumed after voting on Item GB.15

140

Review of Streets as Shared Spaces Round II Funding

File: S13733

Vide: GB.19

To provide a project update to Council following Phase 3 consultation with businesses in Hill Street, Roseville and to recommend the Hill Street Activation Project does not proceed.

Resolved:

(Moved: Councillors Wheatley/Ward)

It is recommended that:

A. Council thanks the Department of Planning and Environment for the offer of funding for the Hill Street Project.

B. That the temporary Hill Street Activation project does not proceed.

C. That Council accept the grant funding and explores opportunities to use the grant funding in another local centre(s).

CARRIED UNANIMOUSLY

141	Draft Delivery Program 2022-2026 and Draft Operational Plan 2022-2023 - Post Exhibition (UPDATED) File: FY00382/14 Vide: GB.23
	To adopt the Delivery Program 2022-2026 and Operational Plan 2022-2023, incorporating the Budget, Capital Works Program, Statement of Revenue Policy and draft Fees and Charges for 2022-2023.
	MOTION (Moved: Councillors Smith/Wheatley) A. That Council adopts the Delivery Program 2022 - 2026 and Operational Plan 2022 – 2023, incorporating the budget, capital works program, statement of revenue policy and fees and charges for 2022 – 2023, with amendments discussed in this report, and that: i) the construction and associated establishment of the loan for the Marian St theatre project will only proceed on the basis that the Roseville and Gordon Bowling clubs sites are included as part of the property sales to fund the entire repayment of the loan, and Council has confidence that the sales will proceed and the revenue will be realised. B. That Council adopts the rates structure including rate peg increase of 2.5% as set out in this report. C. That Council writes to all residents, groups and agencies that made submissions in relation to the draft Delivery Program and draft Operational Plan and advise them of the outcomes of Council’s consideration.
	procedural motion: Council resolved itself into Closed Meeting during debate on this item with the press and public excluded after a Motion moved by Councillors Ngai and Councillor Ward was CARRIED UNANIMOUSLY. AMENDMENT: (Moved: Councillors Lennon/Ward) A. That Council adopts the Delivery Program 2022 - 2026 and Operational Plan 2022 – 2023, incorporating the budget, capital works program, statement of revenue policy and fees and charges for 2022 – 2023, with amendments discussed in this report, and that: i) the construction and associated establishment of the loan for the Marian St theatre project will only proceed on the basis that the Roseville Bowling club site is included as part of the property sales to fund the entire repayment of the loan, and Council has confidence that the sales will proceed and the revenue will be realised. B. That Council adopts the rates structure including rate peg increase of 2.5% as set out in this report. C. That Council writes to all residents, groups and agencies that made submissions in relation to the draft Delivery Program and draft Operational Plan and advise them of the outcomes of Council’s consideration. The Amendment was put and declared LOST: For the Amendment: Councillors Lennon and Ward Against the Amendment: The Mayor, Councillor Pettett, Councillors Kay, Ngai, Smith, G. Taylor and Wheatley Debate resumed on the Motion.
	AMENDMENT: (Moved: Councillors Ward/G.Taylor) A. That Council adopts the Delivery Program 2022 - 2026 and Operational Plan 2022 – 2023, incorporating the budget, capital works program, statement of revenue policy and fees and charges for 2022 – 2023, with amendments discussed in this report. B. That Council adopts the rates structure including rate peg increase of 2.5% as set out in this report. C. That Council writes to all residents, groups and agencies that made submissions in relation to the draft Delivery Program and draft Operational Plan and advise them of the outcomes of Council’s consideration. The Amendment was put and declared LOST: For the Amendment: Councillors Lennon, G. Taylor and Ward Against the Amendment: The Mayor, Councillor Pettett, Councillors Kay, Ngai, Smith and Wheatley Debate resumed on the Motion. The Motion was put and declared LOST: For the Amendment: The Mayor, Councillor Pettett, Councillors Smith and Wheatley Against the Amendment: Councillors Lennon, Kay, Ngai, G. Taylor and Ward
	FORESHADOWED MOTION: (Moved: Councillors Pettett/Smith) A. That Council adopts the Delivery Program 2022 - 2026 and Operational Plan 2022 – 2023, incorporating the budget, capital works program, statement of revenue policy and fees and charges for 2022 – 2023, with amendments discussed in this report, and that: i) the construction tender and associated establishment of the loan for the Marian Street Theatre project will not proceed without a further report to Council. B. That Council adopts the rates structure including rate peg increase of 2.5% as set out in this report. C. That Council writes to all residents, groups and agencies that made submissions in relation to the draft Delivery Program and draft Operational Plan and advise them of the outcomes of Council’s consideration.
	Resolved: (Moved: Councillors Pettett/Smith) A. That Council adopts the Delivery Program 2022 - 2026 and Operational Plan 2022 – 2023, incorporating the budget, capital works program, statement of revenue policy and fees and charges for 2022 – 2023, with amendments discussed in this report, and that: i) the construction tender and associated establishment of the loan for the Marian Street Theatre project will not proceed without a further report to Council. B. That Council adopts the rates structure including rate peg increase of 2.5% as set out in this report. C. That Council writes to all residents, groups and agencies that made submissions in relation to the draft Delivery Program and draft Operational Plan and advise them of the outcomes of Council’s consideration. For the Foreshadowed Motion: The Mayor, Councillor Pettett, Councillors Lennon, Smith, G. Taylor, Ward and Wheatley Against the Foreshadowed Motion: Councillors Kay and Ngai

The Mayor, Councillor Pettett advised everyone present at the meeting that a Notice of Motion to rescind a resolution signed by Councillors Kay, Ngai and G.Taylor had been submitted for the following item:

GB.3 – Status of Women’s Advisory Committee.

The Meeting closed at 11.17PM

The Minutes of the Ordinary Meeting of Council held on 28 June 2022 (Pages 1 -28) were confirmed as a full and accurate record of proceedings on 26 July 2022.

__________________________ __________________________

General Manager Mayor / Chairperson

Ordinary Meeting of Council - 26 July 2022	GB.1 / 1

Item GB.1	FY00275/14

Council Sponsorship Applications

EXECUTIVE SUMMARY

purpose of report:	To advise Council of the sponsorship requests received under Council’s Sponsorship Policy for 2022–2023.

background:	Council sponsors public and private sector activities through direct funds and in-kind support, in line with Council’s Sponsorship Policy and the Ku-ring-gai Destination Management Plan. An Expression of Interest process, inviting applications for sponsorship proposals for 2022–2023 has recently been undertaken. Additionally, Council resolved at the Ordinary Meeting of Council on 28 June 2022, that the request for funding from the Marian Street Theatre for Young People be included in the current round of sponsorship grants.

comments:	The Sponsorship Policy requires all applications over $5,000 to be approved by Council. Requests for Events Sponsorship over $5,000 were received this year from Wahroonga Food and Wine Festival ($15,000), St Ives Food and Wine Festival ($10,000), Carols in the Park ($10,000), Bobbin Head Cycle Classic ($7,500), Bare Creek Trail Run ($7,500) and the Special Olympics Ku-ring-gai Chase Fun Run ($5,500). Arts and Cultural Sponsorship requests have been received from the Ku-ring-gai Philharmonic Orchestra ($25,000) and the request from the Marian Street Theatre for Young People ($70,000) has been included in the Arts and Cultural sponsorship category.

recommendation:	That Council approve the amount of sponsorship funding in excess of $5,000, to be granted for Events Sponsorship and Arts and Cultural Sponsorship.

Purpose of Report

To advise Council of the sponsorship requests received under Council’s Sponsorship Policy for 2022–2023.

Background

Council sponsors public and private sector activities through direct funds and in-kind support as outlined in Council’s Sponsorship Policy.

Sponsorship of major destination events supports the activation of Ku-ring-gai’s major venues, engaging regional communities in sporting, arts and cultural and entertainment events.

In the 2021-2022 financial year Council sponsored a limited number of events due to the impacts of Covid-19 on major events including Bobbin Head Cycle Classic, Special Olympics Ku-ring-gai Chase Fun Run and Bare Creek Trail Run.

Council has recently undertaken an Expression of Interest process inviting applications for sponsorship proposals for 2022–2023. The Expression of Interest process was advertised on the Council website, Council’s E News, Facebook and Hornsby Ku-ring-gai Post, and an email was sent to all previous recipients advising that applications would be open from 1 May to 31May 2022.

Additionally, Council resolved at the OMC of 28 June 2022 that the request for funding of $70,000 from the Marian Street Theatre for Young People (MSTYP), be included in the next round of Council’s sponsorship grants.

Comments

Requests for Council Sponsorship

According to Council’s Sponsorship Policy, all proposals over $5,000 are to be reported to Council for approval.

Sponsorship requests have been divided into two categories - Events Sponsorship and Arts and Cultural Sponsorship.

Council has received six requests for Events Sponsorship over $5000, and two requests for Events Sponsorship under $5,000 (Attachments A1 – A8)

With the addition of the MSTYP request there are now two Arts and Cultural Sponsorship requests over $5000 being the Ku-ring-gai Philharmonic Orchestra (KPO) ($25k) and the MSTYP ($70k), (Attachments A9 and A10)

Events Sponsorship over $5,000	Amount requested	Amount recommended
Wahroonga Food and Wine Festival	$15,000	$12,000
St Ives Food and Wine Festival	$10,000	$7,000
Carols in the Park	$10,000	$6,000
Bobbin Head Cycle Classic	$7,500	$7,500
Bare Creek Trail Run	$7,500	$4,500
Special Olympics Ku-ring-gai Chase Fun Run	$5,500	$4,500
Events Sponsorship under $5,000
Ku-ring-gai Art Society Exhibition	$2,000	$2,000
Ku-ring-gai Shield	$2,000	$1,500
Arts and Cultural Sponsorship over $5,000
Ku-ring-gai Philharmonic Orchestra	$25,000	$25,000
Marian Street Theatre for Young People	$70,000	$40,000
Total value of sponsorship requests received	$154,500	Total Recommended $110,000

Summary of Sponsorship Requests and Recommendations for funding

Events Sponsorship requests:

Wahroonga Food and Wine Festival

Request for $15,000 – Recommendation for funding $12,000

The Wahroonga Food and Wine Festival 2022 has requested sponsorship for the 8th annual fair on Sunday 30 October 2022, in Wahroonga Park. The event delivers a high quality, unique food and wine festival, providing significant promotion of key regional Australian wine regions that are able to present their unique local produce to the festival audience. Ku-ring-gai residents, businesses and regional visitors have the opportunity to be part of this free public event with over 8,000 visitors. The festival also offers an opportunity to showcase local schools musical talent, and local performers who will entertain on the rotunda stage across the day. Recommended funding of $12,000 is primarily because of the high visitation rate for the festival which attracts regional participation. The recommended amount is consistent with previous years funding.

St Ives Rotary Food and Wine Festival

Request for $10,000 – Recommendation for funding $7,000

The St Ives Rotary has requested sponsorship for the food and wine festival to be held at the St Ives Village Green on Sunday 25 September 2022. The festival will provide an opportunity for Ku-ring-gai families to enjoy food wine and entertainment attracting over 4,000 visitors. Funds raised from the festival include the Ku-ring-gai Neighbourhood Centre, the Hornsby Ku-ring-gai Women's Shelter and the NSW Cancer Council. Recommended funding of $7,000 because the St Ives Food and Wine Festival is a more localised event with lower visitation. The amount recommended is consistent with previous years funding.

Carols in the Park

Request for $10,000 – Recommendation for funding $6,000

Carols in the Park has requested sponsorship for the Ku-ring-gai Community Christmas Carols on Saturday 10 December 2022 at Bicentennial Park West Pymble. The event is a family-oriented celebration of Christmas featuring community singing of traditional Christmas carols attracting over 2,000 visitors. The singing is led by a combined churches choir, accompanied by the Golden Kangaroos concert band. There will also be a children's entertainer, visiting and local choirs, and soloists from the combined churches of Ku-ring-gai. Recommended funding of $6,000 because the Combined Churches Carols is a more localised event, and there are other similar events across the region resulting in increased events competition and reduced overall impact within the community.

Bobbin Head Cycle Classic

Request for $7,500 – Recommendation for funding $7,500

The Bobbin Head Cycle Classic has requested sponsorship for a regional cycling event that attracts over 2,500 riders from across NSW. The event, which starts and finishes at Karuah Oval in Turramurra, is presented by Ku-ring-gai Rotary Clubs, and is supported by over 500 volunteers with over 2,000 spectators. In 2021 the event raised $169,719 with all proceeds supporting Lifeline.

Sponsorship funds will be used for event operational and safety provisions including variable message signs, traffic control barriers and NSW Police events support. The March 2022 event was deferred by NSW Police and the event organisers because of extreme wet weather. It will now be held on 18September 2022. Recommended funding of $7,500 because the Bobbin Head Cycle Classic is a regional event attracting audiences from across NSW, with high participant rates and wide engagement.

The Bare Creek Trail Run

Request for $7,500 – Recommendation for funding $4,500

The Bare Creek Trail Run has requested sponsorship for a community fun run to be held on 6 November 2022, at Acron Oval, St Ives. The event is a combination of an active community gathering and a fundraising event. It has raised many thousands of dollars over recent years for the Indigenous Marathon Foundation, Run Beyond Project and MedEarth. The event provides an opportunity for competitive and non-competitive runners to participate in a family friendly, professionally run community event, that showcases the scenery and attraction of the local area attracting over 1,200 runners. There are four distance options covering distances of 1.5km, 6km, 12km and 20km. This ensures that participants of a wide variety of abilities, age groups and levels of competitiveness can participate. Recommended amount of $4,500 due to lower attendance rates for this niche regional event. The amount recommended is consistent with previous years funding.

Special Olympics Ku-ring-gai Chase Fun Run

Request for $5,500 – Recommendation for funding $4,500

The Special Olympics Ku-ring-gai Chase Fun Run has requested funding for a regional fun run and walk at Claude Cameron Grove, Wahroonga. The fun run, which attracts over 700 participants, showcases community partners, schools, local businesses and disability providers. In 2022 the event raised $25,000 for the Special Olympics. Sponsorship funds will be used for event operational and safety provisions including variable message signs, waste management and portable events infrastructure including amenities. Recommended amount of $4,500 due to the Special Olympics being a localised event with lower visitation and audience engagement. The Special Olympics however enjoys strong community support. The amount recommended is consistent with previous years funding.

Ku-ring-gai Art Society 55th Annual Awards Exhibition:

Request for $2,000 – Recommendation for funding $2,000

The Ku-ring-gai Art Society has requested sponsorship for an exhibition to be held from Monday 18 July to Sunday 31 July at the St Ives Shopping Village. The exhibition will showcase the work of members of the Ku-ring-gai Art Society and promote the visual arts within Ku-ring-gai. Artworks are hung on the ramp within the St Ives Village Gallery. Prizes are awarded at a ceremony on Friday evening 22 July 2022.

The Ku-ring-gai Shield

Request for $2,000 – Recommendation for funding $1,500

The Ku-ring-gai Shield competition is a combined bowls competition between Killara, Lindfield, St Ives, Turramurra, Warrawee and West Pymble bowling clubs. The event comprises games of Singles, Pairs, Triples and Fours, involving 10 players from each club - a total of 60 players. The Ku-ring-gai Shield started in 1990 and has been running annually, with the exception of 2020 and 2021 events, which were cancelled due to Covid-19. The last shield event was last held at the Warrawee Bowling Club in 2019. The date scheduled for the 2022 competition is Saturday 24September.

Arts and Cultural Sponsorship requests

Marian Street Theatre for Young People

Request for $70,000 – Recommendation for funding $40,000

The MSTYP has requested sponsorship to support its 2022-23 program, including three major performance events:

· Odyssey - 25 young people will take over six sites in Ku-ring-gai in January 2023. They will be using dance, film, audio storytelling and live performance to create six original short works that will be lasting local activations, which have been driven by the stories of local young people. The six works will be performed in various locations around Ku-ring-gai such as St Ives Village Green Tennis Courts and Skate Park, plus online.

· Boogi Wonderland - A new work, Boogi Wonderland, is a joyous celebration of Darug language and culture through dance. A collaboration between Uncle Greg Simms and Aunty Jacinta Tobin. This will be performed at Ku-ring-gai Town Hall in July 2023.

· The Pied Piper - The year is 1284. A mystery man is employed to rid the town of a dangerous plague, however, there are unforeseen consequences. Adapted by MSTYP Young Artist in Residence. This work will be performed at St Ives Shopping Village at Easter 2023.

Council resolved to incorporate the MSTYP application for funding of $70,000 into the sponsorship program to enable the application to be assessed against the Sponsorship Policy and its objective criteria (Attachment 11 and Attachment 12) which ensures that Council is resourcing, as best it can, groups on an equitable basis through a standardised process.

Recommended amount of $40,000 primarily because of the reach that the MSTYP has within the community, the scope of visitation, and the uniqueness of the programs. The MSTYP is unique to Ku-ring-gai and there are very few theatres in Australia that focus specifically on a “young people” target group.

Additionally, the MSTYP has recently changed its traditional model and has connected with various groups within the community that reflect the changing demographic profile of Ku-ring-gai.

A major expense for any theatre company is performance and rehearsal space together with set and costume design. To this end the MSTYP has had to hire space that is both expensive, not built for purpose and constantly requiring sets to be put up and pull down, which is both time consuming and resource intensive.

Ku-ring-gai Philharmonic Orchestra

Request for $25,000 – Recommendation for funding $25,000

The KPO has requested sponsorship to support the following events:

· 2023 KPO Kids Proms and Kids Proms Champions. This event encourages appreciation of music, especially by young people Ku-ring-gai. The event regularly presents specially commissioned works to the community by local Australian composers.

· Two free community concerts at St Andrews Uniting Church in South Turramurra.

· The 2023 NSW Secondary Schools Concerto Competition, a major event organised by KPO each year, held at The Concourse

· Symphonic performances at The Concourse, Chatswood, and at St Ives Uniting Church

· The commissioning of works from emerging Australian composers

· Live streaming of events using the Australian Digital Concert Hall

Recommended funding of $25,000 because of the strong audience reach and high participation rates, regional exposure, community engagement, and support for young people. The amount recommended is consistent with previous years funding.

Assessment and Acquittal Process

Staff from Council’s Visitor Experience and Events section within the Community Department assess all requests for sponsorship under two main categories:

· Events Sponsorship

· Arts and Cultural Sponsorship.

Sponsorship for these two categories should support the principles of Council’s Destination Management Plan and the activation of Ku-ring-gai’s major venues, engaging regional communities in sporting, arts and cultural and entertainment events.

Staff have assessed and have made recommendations for funding for each application under set criteria, which include:

· the number of people participating in the event/program and/or the extent of audience reach/ visitation,

· whether the event/program is local or regional,

· amount of funding the group has previously received and funding secured including other sponsors

· uniqueness and viability of the event/program providing entertainment, cultural and/or recreation experiences

· social and community development increasing participation of people of all ages, ability and culturally diverse backgrounds

· economic development supporting local businesses

· the implementation of sustainable event practices and,

· exposure benefit to Council including recognition and promotion.

An acquittal process is required to ensure the sponsorship funds were spent in accordance with the sponsorship proposal. All successful applicants are required to submit an acquittal report outlining how the sponsorship has been spent. This report will be due within four weeks after the completion of the event. Applicants who do not complete and return an acquittal report will be ineligible for any future funding.

Sponsorship Activation, Branding and Community Engagement

Council’s Events team co-ordinates activation of Council’s events and festival sponsorship program including:

· Mayoral/Councillor engagement at events

· Council branding presence which includes banners and signage

· Marketing opportunities with Council’s Communications team including What’s On listings,

E News, and social media coverage.

integrated planning and reporting

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
C2.1 A harmonious community that respects, appreciates, celebrates and learns from each other and values our evolving cultural identity.	Opportunities are identified, provided and promoted for the community to share cultural experiences.	To stage events consistent with Council’s Sponsorship policy.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

C2.1 A harmonious community that respects, appreciates, celebrates and learns from each other and values our evolving cultural identity.

Opportunities are identified, provided and promoted for the community to share cultural experiences.

To stage events consistent with Council’s Sponsorship policy.

Governance Matters

Sponsorship proposals must comply with Council’s Sponsorship and Donations Policy and all events are required to support Council’s Destination Management Plan. Council is required to approve all sponsorship requests over $5,000.

Risk Management

Prospective recipients address set criteria when applying for sponsorship and are required to provide an acquittal on how sponsorship funds were spent.

Financial Considerations

The total amount requested for Council sponsorship is $154,500.

The Sponsorship budget within the Community Department budget for 2022-23 is $79,900.

Following assessment of the sponsorship applications, staff have recommended sponsorship totalling $110,000.

Should Council decide to approve the staff recommendations for sponsorship funding, an amount of $30,100 will need to be adjusted at the next quarterly budget review.

Social Considerations

Community events provide important social, recreational and cultural events, and raise money for charities. Through the sponsorship of these events Council is supporting organisations to identify and promote opportunities for these shared experiences within the community and also encouraging volunteering.

Environmental Considerations

There are no significant environmental considerations associated matters to consider.

Community Consultation

Community consultation is not required for this report.

Internal Consultation

Internal consultation has been undertaken with other managers within the Community and Finance Departments.

Summary

Council sponsors public and private sector activities through direct funds and in-kind support, in line with Council’s Sponsorship Policy and the Ku-ring-gai Destination Management Plan.

An Expression of Interest process, inviting applications for sponsorship proposals for 2022–2023 has recently been undertaken.

Additionally, Council resolved at the Ordinary Meeting of Council on 28 June 2022, that the request for funding from the Marian Street Theatre for Young People be included in the current round of sponsorship grants.

Requests for Events Sponsorship over $5,000 were received this year from Wahroonga Food and Wine Festival, St Ives Food and Wine Festival, Carols in the Park, Bobbin Head Cycle Classic, Bare Creek Trail Run, and the Special Olympics Ku-ring-gai Chase Fun Run.

Requests for Arts and Cultural Sponsorship have been received from the Ku-ring-gai Philharmonic Orchestra and the Marian Street Theatre for Young People.

Staff have assessed and have made recommendations for funding for each application under set criteria, which include:

· the number of people participating in the event/program and/or the extent of audience reach,

· whether the event/program is local or regional,

· amount of funding the group has previously received,

· uniqueness and viability of the event/program, and

· exposure benefit to Council.

Recommendation:

A. That Council approve the Events Sponsorship and Arts and Cultural Sponsorship funding, in excess of $5,000, as recommended in this report.

Melanie Morson

Manager Visitor Experience & Events

Janice Bevan

Director Community

Attachments:	A1 ⇩	Wahroonga Food & Wine Festival - 2022/23 Sponsorship	2022/190237
	A2 ⇩	St Ives Food & Wine Festival - 2022/23 Sponsorship	2022/190243
	A3 ⇩	Carols in the Park - 2022/23 Sponsorship	2022/190248
	A4 ⇩	Bobbin Head Cycle Classic - 2022/23 Sponsorship	2022/190252
	A5 ⇩	Bare Creek Trail Run - 2022/23 Sponsorship	2022/190255
	A6 ⇩	Special Olympics Ku-ring-gai Chase Fun Run - 2022/23 Sponsorship	2022/190265
	A7 ⇩	Ku-ring-gai Art Society Exhibition - 2022/23 Sponsorship	2022/190273
	A8 ⇩	Ku-ring-gai Shield - 2022 23 Sponsorship	2022/190324
	A9 ⇩	Ku-ring-gai Philharmonic Orchestra - KPO 2022/23 Sponsorship	2022/190284
	A10 ⇩	Marian St Theatre for Young People - MSTYP - 2022/23 Sponsorship	2022/190288
	A11 ⇩	2022 Events and Festival Sponsorship Guidelines	2022/194079
	A12 ⇩	Sponsorships and Donations Policy	2022/194077

Ordinary Meeting of Council - 26 July 2022	GB.11 / 1

Item GB.11	S13691

Draft Public Art Policy - for Exhibition

EXECUTIVE SUMMARY

purpose of report:	To seek Council’s endorsement of a draft Public Art Policy for the purposes of public exhibition.

background:	Since 2004, various iterations of a draft Public Art Policy have been drafted, but never formerly adopted by Council. A review of the current policy has been undertaken to ensure it accords with industry best practice as well as aligning with relevant objectives in Council strategies & policies, namely the Community Strategic Plan (CSP), Local Strategic Planning Statement (LSPS) & Cultural Plan.

comments:	The draft Public Art Policy clearly defines public art as well as providing clarity in terms of Council’s objectives and processes for the acquisition and/or decommissioning of public art.

recommendation:	That Council adopt the draft Public Art Policy for public exhibition and that the results of the exhibition are reported back to Council prior to finalising the document.

Purpose of Report

To seek Council’s endorsement of a draft Public Art Policy for the purposes of public exhibition.

Background

In 2004 Council adopted a Cultural Plan 2004 - 2009 setting an agenda for the management and development of Ku-ring-gai’s cultural life. The plan identified the need to review the Public Art Policy in light of contemporary practice, to consider mechanisms for the support and encouragement of public art including the preparation of a public art plan or strategy and the establishment of a local artists register.

In 2006, a draft Public Art and Design Policy was developed providing an analysis of the strengths and weaknesses of the previous policy (developed in 1998) and proposed an updated public art policy framework including program objectives, policy principles, key themes and a glossary of terms. In 2014 this document was updated but subsequently not adopted by Council, as there was no available budget at the time for public art.

A draft policy was reported to GMD meeting on 3 June 2022. From that meeting:

“GMD endorsed the draft Public Art Policy for reporting to Council with a change to the procurement process which should include flexible provisions pending the engagement circumstance”.

Comments

Refer Attachment 1 – Draft Public Art Policy – for exhibition.

The Public Art Policy applies to:

a) All public artworks produced under the creative control of a professional artist or artists and the value of the artwork (including design, fabrication and installation) is greater than $50,000 (exc GST);

b) the acquisition of public artworks by commission, purchase or donation and to the decommissioning of artworks by transfer and relocation as well as demolition.

c) unsolicited proposals initiated by an individual or group, an organisation or a private company for installation on public land.

The policy does not apply to memorials and monuments, or handmade or cultural objects, unless they are produced by an artist as defined by the draft policy.

The key components of the policy include the following:

· Objectives

· Scope

· Definitions of an artist and public art

· Staff Responsibilities

· Public Art Advisory Panel (PAAP)

· Requirements for public art

· Acquisition and decommissioning of public art

· Public Art thematic framework

· Location of Public Art

integrated planning and reporting

THEME 3 - Places, Spaces & 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 P4: Revitalisation of our centres

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.

P4.1.1.4: Finalise a Creative Arts Facility Strategy to guide the delivery of creative arts and cultural facilities across the local government area.

Governance Matters

Preparation of this policy has referenced The National Association for the Visual Arts’ (NAVA) - Code of Practice for the Professional Australian Visual Arts, Craft and Design Sector to ensure Council is in-line with best practice across the contemporary arts including legal, ethical and financial business practices.

The policy encourages staff to refer to the NAVA Code of Practice, relevant sections are:

Chapter 3: Commissioning Art in Public Space

Chapter 7: Fees and Wages

Chapter 8: Intellectual Property and Other Practitioner Rights

Chapter 9: Issues and Protocols Specific to Indigenous Practitioners

Chapter 10: Tax

Chapter 11: Insurance

Chapter 12: Workplace Health and Safety

Risk Management

The draft policy provides guidance on managing a number of risks associated with working with artists and procuring public art.

Risk 1 – Value of artwork/commission

The draft Public Art Policy would only apply to public artworks where the value of the artwork (including design, fabrication and installation) is greater than $50,000 (exc GST). The majority of public art projects undertaken by Council are small commissions (less than $10,000) for works such as murals, mosaics and the like which can be managed through Council’s normal processes and within the capacities of staff. Larger commissions that are more complex and require specialist skills would fall under the draft policy.

Risk 2 – Artist and Artwork Selection

Selection of artists and artworks requires specialist knowledge and understanding. To manage this risk the draft policy requires the establishment of a Public Art Advisory Panel (PAAP) to provide independent advice and make recommendations on the acquisition and/or decommissioning of artworks. Recommendations from the Public Art Advisory Panel will be reported to the General Manager and Directors (GMD) and, if required, reported to full Council for endorsement. Under the policy Council would not be obliged to accept the recommendations of the PAAP.

Risk 3 - Procurement

Acquisition by commission is a process initiated by Council to procure an artist through a competitive process. This policy recognises that procurement of artists by Council must be handled with sensitivity as artists are often one-person ‘micro-businesses’ or small companies which are not necessarily highly experienced in dealing with Council tenders.

The draft policy recognises that a public artwork may not fit within normal procurement guidelines, as an artwork by its nature is unique, which means there is only one person who can design and oversee production of the artwork.

Risk 4 – Tendering

Section 55 of the Local Government Act 1993 requires Council to invite public tenders before entering most types of contracts where the value is greater than $250,000 (GST inclusive) however, in the case of an artwork, procurement by way of public tender may not result in competitive tenders as there may only be one person in the market who can produce the artwork due to the uniqueness of the product.

The draft policy provides flexible provisions, pending the engagement circumstance, to engage an artist either:

a) through the normal procurement process; or

b) by direct commissioning by way of a Council resolution in accordance with Section 55 (3)(i) of the Local Government Act 1993 which excludes certain types of contracts from the requirement to invite public tenders where:

“…because of extenuating circumstances, remoteness of locality or the unavailability of competitive or reliable tenderers, a council decides by resolution (which states the reasons for the decision) that a satisfactory result would not be achieved by inviting tenders”

Financial Considerations

There are no financial considerations arising from this report.

Management of the Policy

The policy can be managed within current departmental budgets.

Members of the Public Art Advisory Panel (PAAP) will not be paid fees at this stage. During the life of this policy Council is unlikely to be actively procuring public artworks to the degree that would warrant establishing a permanent panel of members that would meet regularly and be paid a stipend. This policy position may be reviewed over time if the situation changes. As a starting point the PAAP will be an informal group that would meet on an ‘as-needs’ basis when a proposal is received by Council that is covered by this Policy.

Funding for Public Art

The policy has been prepared on the understanding that Council does not have dedicated funds available for Public Art. Public art will typically be funded as part of a capital works project such as the local centres streetscape upgrades or major projects where funding will form part of the overall project budget.

In other cases, public art may be funded by:

· unsolicited proposals where the project is fully funded (including design, fabrication, installation and ongoing maintenance costs) and will be at no cost to Council; and/or

· donation, gift, or bequest where it is at no cost to Council.

Social Considerations

Public art and artists can make a valuable contribution to the built and natural environment by celebrating, marking and revealing aspects of a community, its history, its character and its aspirations.

Environmental Considerations

There are no environmental considerations arising from this report.

Community Consultation

If endorsed by Council, the draft Public Art Policy will be placed on public exhibition to seek public input.

Internal Consultation

Internal stakeholder consultation was undertaken to inform the revision of the Policy. This involved the establishment of a Working Group to canvas input from a number of departments within Council, namely Operations, Community, and Strategy & Environment.

The revised policy was reported to GMD on 3 June 2022, for endorsement prior to reporting to Council.

Summary

A review of the current policy has been undertaken to ensure it accords with industry best practice and aligns with relevant objectives detailed in associated Council strategies & policies, namely the Community Strategic Plan (CSP), Local Strategic Planning Statement (LSPS) & Cultural Plan.

The attached draft Public Art Policy sets out objectives and processes for the acquisition and/or decommissioning of public art.

Preparation of the policy has referenced The National Association for the Visual Arts’ (NAVA) - Code of Practice for the Professional Australian Visual Arts, Craft and Design Sector to ensure Council is in-line with best practice across the contemporary arts.

The draft policy provides guidance on managing a number of risks associated with working with artists and procuring public art.

The draft policy has been prepared on the understanding that Council does not have dedicated funds available for Public Art and that it is to be managed within current departmental budgets.

Recommendation:

That Council endorse the draft Public Art Policy for public exhibition and that the results of the exhibition are reported back to Council prior to finalising the document.

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⇩

Draft Public Art Policy - for exhibition

2022/189658

Ordinary Meeting of Council - 26 July 2022	GB.12 / 1

Item GB.12	S13385

Ku-ring-gai Public Domain Plan - Roseville - Draft for exhibition

EXECUTIVE SUMMARY

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

background:	The Town Centres Public Domain Plan, 2010 (PDP 2010) has been in effect for 12 years. 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 - Roseville will provide the community an opportunity to understand Council’s vision for Roseville Local Centre public domain areas and to provide comment. This report follows the adoption of Ku-ring-gai Public Domain Plan Volume 1, Volume 2 - Turramurra and Volume 3 – Technical Manual on 15 March 2022; Volume 2 - Gordon, adopted on 26 April 2022; and St Ives draft Public Domain Plan adopted for public exhibition on 24 May 2022.

recommendation:	That Council adopt the draft Ku-ring-gai Public Domain Plan – Volume 2 - Roseville 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 - Roseville

Background

On 23 November, 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 however, to date, no works have been delivered in Roseville despite Council having collected development contributions to fund streetscape and park upgrades.

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, and St Ives draft Public Domain Plan adopted for public exhibition on 24 May 2022.

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

Comments

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

- Volume 2 – Roseville 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 Roseville public domain plan provides concept plans for the Roseville 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.

The vision for Roseville is to “support the growth and revitalisation of the Roseville Local Centre as a destination for entertainment, leisure, retail and services for the local community as well as enhancing and expanding the gardens of the local centre”.

Key Features

Key features of the draft Roseville public domain plan include following:

· Upgrade to Hill Street with new tree planting, formalised pedestrian crossing points, and traffic calming measures;

· upgrade to Roseville Memorial Park;

· proposed green public space over a subterranean car park off Lord Street;

· upgrade to Larkin Lane car park;

· new paving, street furniture and additional tree planting throughout the commercial centre;

· improved bicycle links to, though and around the local centre;

· under grounding of powerlines in selected streets and new street lighting;

· opportunities for outdoor dining throughout the centre, where possible;

· improvements to through-block laneways; and

· new streetlights to retail streets.

Figure 1: Artist Impression – corner Hill Street and Lord Street

Some minor traffic changes are proposed for the Roseville Local Centre. If any significant changes are required in the future, the proposed changes will be designed in conjunction with Transport for NSW and extensive community consultation will be undertaken as part of that process.

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 Roseville programmed for delivery within the next five years is Hill Street, between Clanville Road and Victoria Street, and Roseville Memorial Park.

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 (Roseville) 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 understand Council’s vision for Roseville Local Centre public domain areas and to provide comment.

Figure 2: Artist Impression – corner Hill Street and Roseville Avenue

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.

P4.1.1.1: 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

· Access and Disability Inclusion Plan 2020 -2024

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

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

Risk Management

One risk to the delivery of public domain improvements is the 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 Roseville community.

Financial Considerations

A five-year program has been established (which commenced in 2021) to deliver streetscape upgrades across the Local Centres. There are currently development contribution funds available for two projects in Roseville over the next 4 years.

Local Centre Streetscape Improvements Program
Local Centre	location	Proposed works	funds (S 7.11)	Commence construction
Roseville	Roseville Memorial Park	Upgrade of existing park	Approximately $580K	2024
Roseville	Hill Street, between Clanville Road and Victoria Street	Streetscape works, road modifications, new tree planting, underground power lines	Approximately $7M	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.

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.

Improved links between the retail centre and the residential areas will improve social connections and community health.

Figure 3: Artist Impression –Roseville Memorial Park

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.

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 – Roseville. 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 comment on the draft KPDP. The draft KPDP for Roseville 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.

Internal Consultation

Preliminary Internal workshops were held, and comments have been accommodated in the draft document. During the exhibition period the draft KPDP – Roseville 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 – Roseville 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 Roseville 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 upgrade to Roseville Memorial Park, improved bicycle and pedestrian connections, underground powerlines and new street lighting.

The public domain plan for Roseville will ensure a coherent, well-coordinated rollout of the concept design and desired future character for Roseville. 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 projects proposed for Roseville programmed for delivery within the next five years is Hill Street, between Clanville Road and Victoria Street, and Roseville Memorial Park.

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:

Bill Royal

Team Leader Urban Design

Maria Rigoli

Public Domain Co-ordinator – Local Centres

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:

A1⇩

Ku-ring-gai Public Domain Plan - Volume 2 - Roseville (draft)

2022/121870

Ordinary Meeting of Council - 26 July 2022	GB.13 / 1

Item GB.13	S12249

Ku-ring-gai Public Domain Plan - Lindfield - Post Exhibition

EXECUTIVE SUMMARY

purpose of report:	To present the draft Ku-ring-gai Public Domain Plan Volume 2 – Lindfield for Council adoption.

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:	This report presents the draft Ku-ring-gai Public Domain Plan Volume 2 - Lindfield. It follows a Councillor site inspection of Lindfield held on 14 February 2022; the adoption of Ku-ring-gai Public Domain Plan Volume 1, Volume 2 (Turramurra) and Volume 3 on 15 March 2022; and the adoption of Volume 2 (Gordon) on 26 April 2022.

recommendation:	That Council adopts Volume 2 - Lindfield of the Ku-ring-gai Public Domain Plan.

Purpose of Report

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

Background

On 23 November, 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 Lindfield include the Lindfield Village Green. Projects in the delivery phase include Lindfield Avenue and Tryon Road Streetscape Upgrade; public space and community facilities as part of the Lindfield Village Hub, Ibbitson Park Upgrade , and a signalised intersection at Strickland Avenue and Pacific Highway.

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.

At the Ordinary Meeting of Council held on 8 December 2020, Council was presented with the Draft Ku-ring-gai Public Domain Plan. The Plan included specific chapters for Gordon, Lindfield, and Turramurra local centres. It was resolved:

“That Council adopt the draft Ku-ring-gai Local Centres Public Domain Plan for public exhibition and after the exhibition a further report be brought back to Council.”

The draft KPDP was placed on public exhibition from 5 March 2021 until 19 April 2021. The outcomes of the public exhibition were reported back to OMC held on 15 June 2021. At that meeting Council resolved:

“That the matter be deferred to enable an inspection of the sites identified in the Ku-ring-gai Public Domain Plan being the three town centres of Lindfield, Turramurra and Gordon.”

A number of attempts were subsequently made by staff to schedule site inspections for Councillors during 2021 however COVID 19 restrictions and the caretaker period prior to the 2021 Council elections meant the site inspections were postponed until early 2022.

A Councillor site inspection for Lindfield was held on 14 February 2022, and for Turramurra on 21 February 2022, and Gordon was held on 29 March 2022.

At the Ordinary Meeting of Council 15 March 2022, Council adopted Ku-ring-gai Public Domain Plan Volume 1, Volume 2 – Turramurra (only) and Volume 3.

At the Ordinary Meeting of Council 26 April 2022 Council adopted Ku-ring-gai Public Domain Plan Volume 2 – Gordon (only), as well noting TfNSW approval of the Lindfield Local Centre – Traffic Management Plan which has subsequently informed the KPDP for Lindfield.

This report represents the draft KPDP Volume 2 – Lindfield (only) for Council consideration.

Figure 1: Artist impression – New pedestrian crossing, corner Tryon Road and Milray Street

Comments

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

- Volume 2 – Lindfield Public Domain Plan.

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

Volume 2 – Local Centres Public Domain Plans for Lindfield (Attachment A1):

· sets out objectives for the local centre;

· sets desired future character and provides concept designs for streetscapes and public open spaces; and

· nominates examples of appropriate street trees.

The Lindfield public domain plan provides concept plans for the Lindfield 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 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 be redevelopment of sites with works completed by developers directly 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. Projects for Lindfield programmed for delivery within the next five years include Lindfield Avenue and Tryon Road Streetscape Upgrade, Ibbitson Park Upgrade, and a signalised intersection at Strickland Avenue and Pacific Highway.

Following public exhibition in March/April 2021, Council received submissions from the community and internal and external stakeholders. A summary of submissions and comments received through the public exhibition were reported to the Ordinary Meeting of Council held on 15 June 2021.

As a result of the submissions received from the community and stakeholders, amendments have been made to the exhibited draft KPDP, these amendments are listed in Table 1 below. Further amendments made by Council officers are shown in Table 2.

The final draft including all amendments from Tables 1 and 2 can be found in Attachment A1 - Volume 2 – Local Centres Public Domain Plans – Lindfield.

TABLE 1 – Proposed key amendments resulting from community and stakeholder feedback
GEN = General changes throughout the document			L = Changes to Lindfield Public Domain Plan
	Summary of key submission comments requiring amendments	Response	Proposed amendment	Affected sections/pages
GEN	Road lane widths need to be sufficient to accommodate bus routes	Road lane widths will be widened as requested	Widen lane width design to minimum 3.2m	Volume 2: Turramurra and Lindfield
GEN	Shared zones are unlikely to be approved in location where vehicles will be reversing into the “Shared Zone” space	Shared Zones describe spaces where pedestrian activity is encouraged, and vehicular movement slowed through traffic calming measures.	Streets nominated as “Shared Zones” will be changed to “Low Speed/ High Pedestrian Activity Zone”. Any Potential future categorisation of streets or lanes as Shared Zones will be coordinated with TfNSW	Volume 2: Turramurra, Gordon and Lindfield
Lindfield Local Centre
L	Havilah Road underpass should not be reduced/ changed to one way traffic movement	The draft KPDP proposed a one-way traffic movement for the rail underpass to improve traffic flow and provide space for a shared path within the underpass. In April 2022 Council adopted a Traffic Management Plan for Lindfield consistent with recent approvals given by TFNSW in relation to the Lindfield Village Hub Planning Proposal. Council has now resolved to retain a two-way traffic flow in the underpass.	The Havilah Road underpass will remain as two-way in the KPDP, in accordance with Council’s adopted Traffic Management Plan - Lindfield	Volume 2: Lindfield
L	Separated cycleway will take away car parking in Lindfield Avenue	It is acknowledged that the separated cycleway in Lindfield Avenue is a long-term plan that is subject to the State government delivering the Greater Sydney bicycle network. The likely timeframe for this is more than 10 years.	Recommend the cycleway on Lindfield Avenue be removed from the KPDP and note to be included stating: The cycleway will be introduced following the installation of a significant portion of the greater bicycle network around the Lindfield local centre. The final design and location of the cycleway will require extensive community consultation and acceptance prior to implementation.	Volume 2: Lindfield
L	Beaconsfield Parade should be classified as a ‘Heritage Street’ rather than a “Standard Street”. Strong support for Council to retain and maintain the Heritage Conservation Area on the northern side of the street.	Comments noted. The KPDP has no effect on HCAs which have statutory protection in the KLEP. Beaconsfield Avenue warrants Heritage Street classification given presence of HCAs and heritage items	Beaconsfield Parade between Drovers Way and Norwood Street will be amended to a “Heritage Street” classification.	Volume 2: Lindfield

TABLE 2 – Amendments for clarity, additional information or updates to designs.
	Items to be amended	Reason for amendment	Proposed amendment	Affected sections
L	Woodside Avenue roundabout	The temporary roundabout at Lindfield Avenue and Woodside Avenue is to be removed at the completion of the Lindfield Village Green project however consideration will be given to reintroducing it in the future, if and when changes are made to car parking arrangements on Lindfield Avenue.	The roundabout will be included in the KPDP as a permanent element	Volume 2: Lindfield
L	Havilah Road and Lindfield Avenue intersection	The current condition results in heavy congestion at this intersection in peak times. This congestion is expected to be partly alleviated by the introduction of traffic lights at Strickland Avenue and then the prohibition of right hand turns from the Havilah Road underpass to Pacific Highway.	Modifications to this intersection will be investigated should traffic congestion persist once the right hand turn to Pacific Highway is prohibited and the Strickland Avenue traffic lights are installed.	Volume 2: Lindfield
L	Wolseley Road - street closure	A new development of townhouses at 8-10 Wolseley Road, adjoining the existing street closure means vehicular access will not be required through the street closure to access the properties.	A revised design has been included in the KPDP to remove the redundant road pavement and expand the soft landscape areas as an expansion to Ibbitson Park. Access from the synagogue and childcare centre will be retained.	Volume 2: Lindfield
L	St Albans Church, corner Tryon Road and Lindfield Avenue	To provide accessible parking near the church for ceremonial vehicles that will not be able to easily access the church grounds once the traffic lights have been installed.	A designated off-street parking bay will be provided immediately adjacent the driveway entry to St Albans church off Tryon Road.	Volume 2: Lindfield

integrated planning and reporting

Theme: Places, Spaces and Infrastructure

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.

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

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

precincts.

P4.1.1.8: Prepare streetscape concept plans for identified precincts in Lindfield Local Centres consistent with the Public Domain Plan.

P4.1.1.11: 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).

Figure 2: Artist impression – Tryon Place north exit at Pacific Highway

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;

· Access and Disability Inclusion Plan 2020 - 2024;

· Ku-ring-gai Council Climate Change Policy 2020; and

· Lindfield Local Centre – Traffic Management Plan 2022.

Risk Management

A key risk is that Development Contributions will slow, and funding will 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 including the Community Hubs. 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.

Financial Considerations

A five-year program to deliver streetscape upgrades across the Local Centres has been established and funded by development contributions (S.7.11) for the period 2021-2025. Council has also endorsed the use of proceeds from sale of Balfour Lane, Lindfield to fund the design and construction of road infrastructure and network upgrades to support the current and future traffic conditions across the centre (GB.17 OMC April 2022).

Local Centre Streetscape Improvements Program – Proposed Works to 2025
Works	Location	Approximate Funds available (S 7.11)	Approximate Funds available (Proceeds from sale of Balfour Lane)	Commence construction
Streetscape upgrade	Lindfield Avenue and Tryon Road upgrade	$8M	-	2024
Installation of new traffic signals with pedestrian crossing facilities	Intersection Lindfield Avenue and Tryon Road	-	$550K	2024
Installation of new traffic signals with pedestrian crossing facilities	Intersection of Strickland Avenue and Pacific Highway	-	$1.7M	2025

Consultant quantity surveyors have prepared a preliminary cost plan, 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 extent of the works will be finalised once a cost report has been prepared by a quantity surveyor. This will ensure the scope of 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 street environments will encourage residents and visitors to interact and linger around the retail core and eateries, on any day and night, activating the centres.

Upgraded pedestrian movement corridors and crossing points will improve safety in the local centres.

Figure 3: Artist impression – Proposed street closure, Bent Street at Pacific Highway

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 by cooling environments for pedestrians and providing some UV protection.

Community Consultation

On 8 December 2020, Council adopted the reported Draft Ku-ring-gai Public Domain Plan for public exhibition and was reported back to Council in June 2021. Community consultation was undertaken through the exhibition of the Draft Ku-ring-gai Public Domain Plan. A community consultation strategy was developed in conjunction with Council’s Communication team prior to releasing the documents for public exhibition.

The KPDP was on public exhibition from 5 March 2021 until 19 April 2021, inclusive, longer than the required 28 days specified in the Community Participation Plan. In addition to notification on Council’s website, the Draft Ku-ring-gai Public Domain Plan was notified by way of two E-newsletters (13,500 subscribers), Business E-news (1,500 subscribers), as well as suburb specific e-news.

The draft public domain plans for Lindfield were presented to Transport for NSW at a workshop with a number of representatives from both Transport for NSW and Council. Comments from Transport for NSW have been taken on board and changes made to the draft KPDP.

Council officers also invited number of authorities and State Government agencies to review the KPDP and to provide comment. These included:

· Transport for NSW	· Emergency services
· Ausgrid	· Forest Buses
· Ku-ring-gai Council Councillors	· TransDev
· Northern Sydney Local Health District	· Bike North
· Local Police	· Taxi Council
· NSW State MPs - Mr Alister Henskens and Mr Jonathan O’Dea	· Chamber of Commerce

Responses were received from Transport for NSW, North Sydney Local Health District, the Hon. Jonathan O’Dea MP, TransDev, and Bike North.

The exhibited KPDP for Turramurra, Gordon and Lindfield was, overall, supported by the community. Council received 70 submissions. The submissions were compiled and summarised and presented report to the OMC on 15 June 2021.

The aim of the KPDP is to provide high-level concept designs for the streets of the local centres. Further consultation for the delivery of individual projects will be required with more focused and specific community consultation prior during preparation of detailed concept plans. This could include mail-outs, onsite events and meeting with businesses, social media, online engagement portal and the like, and will be determined at the time.

The draft concept plan for streetscape improvements to Lindfield Avenue and Tryon Road, as reflected in the draft Public Domain Plan were publicly exhibited between 6 May 2022 and 13 June 2022. Part of the exhibition included the ability for the community to complete an on-line survey where 67% of the respondents rated the proposed streetscape improvements rated as “Excellent” or “Good”; 18% of respondents rated the proposal as “Neutral”.

Feedback was received from the St Albans Church wardens and congregation through the public exhibition of the Lindfield Avenue and Tryon Road Streetscape Upgrade about the proposed signalised intersection at Lindfield Avenue and Tryon Road. Their submissions expressed concerns about the impact the proposed signalised intersection will have on access to the church. The new signalised intersection has been in the planning for at least 12 years and was included in the adopted Town Centres Public Domain Plan 2010. It is an important feature of the streetscape upgrades to improve pedestrian and driver safety. Access to the church grounds will be retained via its Tryon Road driveway.

The public domain plan for Lindfield has included an off-street parking zone to be exclusively used for ceremonial vehicles immediately adjacent the Tryon Road driveway which will be accessible.

Transport for NSW have indicated they will not support vehicles entering or exiting the signalised intersection from the corner driveway. This was confirmed in the Traffic Committee report of February 2022 (refer General discussion section of the Traffic Committee Meeting Minutes) https://eservices.kmc.nsw.gov.au/Infocouncil.Web/Open/2022/02/KTC_23022022_MIN_WEB.htm

A full post exhibition report for the Lindfield Avenue and Tryon Road Streetscape Upgrade will be prepared and reported to Council in the next quarter.

Internal Consultation

A series of internal workshops were conducted with a number of departments including Operations, Strategy and Environment, and Development and Regulation for the Lindfield Public Domain Plan.

A summary of the draft Public Domain Plan for Lindfield was presented to the previous Councillors through a Councillor briefing session which was held on 1 September 2020.

The draft KPDP was circulated to all Council staff who attended the workshops associated with the preparation of the KPDP and others that were considered stakeholders of the plan. No additional comments were received from internal stakeholders.

Councillors were made aware of the public exhibition and invited to comment through direct email.

A Councillor briefing about the submissions received and the proposed changes to the KPDP was held on 25 May, 2021.

Site inspections

In accordance with Council’s resolution of 15 June, 2021, a Councillor site inspection for Lindfield was held on 14 February 2022.

An overview of the proposed concept design for Lindfield was presented to the attending Councillors. Electronic copies of the information sheets for Lindfield distributed on the day have since been emailed to all Councillors.

A summary of the questions / issues raised at the Lindfield site inspections has been provided in Attachment 2.

Summary

The draft Ku-ring-gai Public Domain Plan provides guidelines and concept designs to ensure a coherent, well-coordinated rollout of the concept design and desired future character of the local centres. Adherence to the KPDP can deliver a quality outcome for our local centres.

The KPDP Volume 2 – Lindfield has been reviewed and commented upon by the community, Council officers, Councillors and external stakeholders and State agencies.

Overall, the KPDP is supported by the community and the adoption of this plan will assist in delivering an improved public domain outcome for the Lindfield local centre.

Recommendation:

That Council adopt Ku-ring-gai Public Domain Plan Volume 2 – Lindfield as attached to this report.

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⇩	Ku-ring-gai Public Domain Plan - Volume 2 - Lindfield		2022/168439
	A2⇩	Notes from Public Domain Plan Site Inspection with Councillors - Lindfield		2022/171633

Ordinary Meeting of Council - 26 July 2022	GB.14 / 1

Item GB.14	S13184

Expansion and Upgrade of Bedes Forest - Project Update

EXECUTIVE SUMMARY

purpose of report:	For Council to receive and note the results of the Phase 2 community consultation for the expansion and upgrade of Bedes Forest, St Ives.

background:	At the Ordinary Meeting of Council of 16 November 2021 Council considered GB.10 Expansion of Bedes Forest, St Ives - Results of Initial Community Consultation and Next Steps and resolved that: A. Council receive and note the results of an initial community survey for the expansion of Bedes Forest, St Ives; B. Council endorses proceeding to the next phase of community engagement; and C. Staff report a draft Concept Plan, incorporating all community input, to Council prior to public exhibition

comments:	Two phases of a three-phase community consultation process have been undertaken to develop the concept plan for the Bedes Forest Upgrade. Phase 2 involved the exhibition of two options for comment. Option 2, “Play and Explore” is the preferred option and has been developed further in response to comments received. A draft concept plan has now been prepared for public exhibition subject to Council approval.

recommendation:	That Council receive and note the results of Phase 2 community engagement for the expansion of Bedes Forest; and that Council endorses the Bedes Forest Expansion - Draft Concept Plan as described in this report for public exhibition.

Purpose of Report

For Council to receive and note the results of the Phase 2 community consultation for the expansion and upgrade of Bedes Forest, St Ives.

Background

At the Ordinary Meeting of Council of 16 November 2021 Council considered GB.10 Expansion of Bedes Forest, St Ives - Results Of Initial Community Consultation And Next Steps and resolved that:

A. Council receive and note the results of an initial community survey for the expansion of Bedes Forest, St Ives;

B. Council endorses proceeding to the next phase of community engagement; and

C. Staff report a draft Concept Plan, incorporating all community input, to Council prior to public exhibition

This report is in response to resolutions B and C.

Comments

Phase 1 of community consultation was carried out in August 2021, Council asked people to complete a short survey indicating what facilities and activities they would like to see in the new Bedes Forest. A total of 190 responses were received and the most popular requests for facilities and inclusions in the park are listed below in order of preference:

1. Bike tracks

2. Play equipment

3. Seats

4. Fencing

5. Gym equipment

6. Toilets

7. Tables

8. Nature play

9. Water play

10. Picnic shelters

From this list two concept options were prepared with the most popular community preferences being spread across the two options. The options show how different facilities can be combined and arranged within the site taking into consideration the site conditions and constraints.

Phase 2 of the community consultation was carried out between 7 March 2022 and 8 April 2022 and sought to assess community views about the two park options.

Option 1 – “Picnics in Nature”

Option 1 proposes the creation of a dry creek bed that will channel rainwater through the woodland and out of the park. Small wetlands may be included pending advice from environmental consultants on water capture and release. The dry creek edges will support a range of native small shrubs and grasses that are endemic to the area to establish a biodiversity landscape and habitat for small native animals. ‘No mow’ areas may be established around clumps of trees to encourage the return of native grasses and plants from the underlying seedbank.

The proposed park facilities for Option 1 include:

· Play equipment area incorporating a children’s bike track on flat areas;

· a fitness track with fitness (outdoor gym) stations along the route that loops around the woodland and around the play area;

· open grass area with picnic facilities that overlook the woodland area;

· off-street car parking off Stanley Street and College Crescent, including accessible parking; and

· accessible toilet

Option 2 - “Play and Explore”

Option 2 proposes a variety of play opportunities utilising the available flat areas for active recreation such as basketball and ping pong tables. Terraced flat areas with sloping batters at the south-eastern corner can be used for slides, climbing equipment and the like with picnic facilities close by. An extensive nature play area is proposed in the woodland that may include elevated decks and bridges and exploring tracks through rocks, logs and plants. A footpath that would double as a bike track for small children will be incorporated into the park.

The proposed park facilities for Option 2, are:

· play equipment area incorporating picnic shelters and barbeques;

· nature play area set amongst the existing woodland trees;

· half basketball court and ping pong tables;

· site for community gardens;

· open grassed area incorporating children’s bike track;

· off-street parking off Stanley Street, including accessible parking; and

· accessible toilet.

Preferred Option – community preference

Survey participants were asked to rate each option out of 5 (1 poor, 5 good). The options scored as follows (out of 5):

· Option 1 – scored 3.4 out of 5; and

· Option 2 – scored 4.1 out of 5.

Survey participants were asked which option they preferred 77% indicated Option 2, and 23% Option 1 with 1% not knowing.

Survey participants were asked to rate the level of importance of features within each option. In Option 1 the three most important features for inclusion were:

1. Accessible toilet;

2. fenced play area; and

3. open grassed area with picnic facilities.

In Option 2 the three most important features for inclusion were:

1. Fenced play area;

2. accessible toilet; and

3. nature play area with elevated decks, bridges, rocks and logs

Participants were asked if a community garden should be included in the design. 73% said yes, 13% said no and 14% didn’t know.

Comments were received around various features proposed in the two options. These have been taken into account when developing the final concept plan. A summary of these comments can be found in Attachment 2. The most common requests from the survey were:

From Option 1:

· Fitness station – this has been included in the final concept plan.

· Carparking – the proposed off-street parking from Option 1 has not been included in the final concept plan due to concerns about the safety of the proposed location. Other locations for car parking were investigated however site constraints such as existing trees and topography found that there were no suitable locations for off street parking in the park. There is ample on street parking around the Bedes Forest site. The amount of car parking generated by the park will be monitored once the upgrade works are complete to determine if any parking restrictions need to be implemented.

· Picnic area – this has been included in the final concept plan.

From Option 2:

· Basketball half-court.

· Community garden.

· Nature play.

These have all been included in the final concept plan.

An online poll asked people to indicate their preferred option. As in the online survey Option 2 is preferred. 150 votes were cast in the poll with the results as follows:

· Option 1 – 32 votes (21%)

· Option 2 – 118 votes (79%)

In summary the community preference is strongly in support of Option 2.

Draft Concept Plan

Based on a review of community preferences and design considerations, Option 2 is preferred. The preferred option has been further refined and developed into a draft concept plan for council endorsement and public exhibition (Refer Figure 1 and Attachment 1).

Figure 1 – Draft Final Concept Plan

The draft concept plan is largely consistent with the layout and intent of Option 2. Items that have been added or modified include:

· Basketball half court – moved to increase the distance from surrounding residents and minimise the potential sound impact.

· Accessible parking - modified to parallel parking off Stanley Street following comments regarding potential hazards of 90-degree angle parking on Stanley Street.

· Accessible path – added to form a loop across the park where levels allow. Path will also be suitable for bikes and scooters.

· Fenced play area with play equipment –for all ages and abilities will be provided in the park.

· Fitness station – this has been included in response to community feedback.

· Picnic shelter with tables and barbeque – these have been included in response to community feedback.

· Dry creek bed that follows the natural drainage line between the trees – modified to capture rainwater run-off and channel it to a rain garden (bio-filter) at the base of the slope before the water enters the stormwater system.

· Water play – has been integrated into the design with the inclusion of a water pump.

· Two small bridges – added to provide interest and access over the dry creek bed.

· Native grasses and/or “no mow” areas - incorporated into the design. The final location of these areas will be determined on site with advice from an environmental specialist.

A comprehensive list of inclusions responding to the community feedback is provided in Attachment 2.

The draft Concept Plan also includes a potential community garden that will need to be managed by a volunteer group but will be of interest to the whole community. A number of residents have expressed interest in participating in and developing community gardens in the expanded Bedes Forest. An area of approximately 400m² has been allocated for the community garden in the draft concept plan (refer Attachment 1). Basic facilities such as water, storage and low fencing will be installed as part of the park upgrade works. The set-up of the community garden will be carried out by the volunteers and funded through grants available from a variety of sources. The park upgrade will not include the installation of planting beds for the community garden. These are shown on the concept plan for design intent only.

integrated planning and reporting

P4: Revitalisation of 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.

P4.1.1.5: Prepare streetscape and park concept plans for

identified precincts in St Ives, Pymble and Roseville local

centres consistent with the Public Domain Plan.

Governance Matters

Council’s Access and Disability Inclusion Plan 2020-2024 outlines its obligations under relevant disability inclusion legislation and its commitment to equitable access. Under the Disability Discrimination Act 1992, Council must provide ‘equitable and dignified access’ as part of a new facility. Both these obligations will be addressed and provided in the final concept design plan for the new park. Although existing site levels, the location of existing trees and budget constraints limit the ability to make every location in the park fully accessible, a primary objective of this project will be to create a design which is as accessible and inclusive as possible. This will be achieved by supporting the equality of access to proposed facilities and by encouraging community inclusion through the creation of recreation opportunities for uses of varying age, ability and background.

Risk Management

To minimise the risk of rejection of the proposed park upgrade by the community, a three-phase community consultation process has been undertaken to develop the design of the park. This process ensures the park delivers features that are desired by the majority of the community and the community supports the final concept plan. The community participation has been an integral part of the design process.

Financial Considerations

The funding for the park improvements is from the Ku-ring-gai Contributions Plan 2010. The upgrade of Bedes Forest is specifically identified in the Works Programmes: Local Parks, Local sporting facilities – Existing Open Space Embellishment. There is currently approximately $2.9M allocated for the project, with 15% of the total for design and project management and the remainder of the funds for construction.

Social Considerations

The provision of a new park will provide additional outdoor community spaces that will support and encourage social interaction. The park will provide a location for healthy outdoor pursuits for residents living in nearby apartments.

The addition of this new local park will encourage community inclusion through recreational and play opportunities. By creating visitor experiences and recreational value, residents will be drawn to the new local park where a diverse mix of open space opportunities will help meet increasing demand for open space from a growing population for all ages and abilities.

The community garden will provide social connections for those that participate in the gardening activities.

Environmental Considerations

The retention and protection of existing significant trees is a priority for Council and the community. A number of responses to the community survey nominated the quality of the trees and the retention of trees as an important element of the park.

Environmental approval for proposed works will entail preparation of a Potential Impacts Assessment (PIA) to be approved prior to tender.

The final concept plan incorporates a raingarden that will collect overland flow during rain periods, detain runoff in the raingarden and filter the runoff rainwater before it is slowly discharged into the stormwater system.

Community Consultation

A three-phase community engagement process is being undertaken:

Phase 1 - Informed the community of the new park and gathered information about what people would like in the park – complete.

Phase 2 - asked the community to provide feedback on options for the new park (the results of this Phase are the subject of this report) – complete.

Phase 3 – exhibition of Council’s preferred concept plan.

Phase 2 of the community consultation was carried out between 7 March 2022 and 8 April 2022 and is now complete.

Opportunities for community involvement were widely communicated, including promotion of an onsite community information event (which was subsequently cancelled due to bad weather). Promotion included:

· Mailbox drop (300 leaflets to a radius of approximately 200 metres from Bedes Forest);

· Council’s Facebook page;

· Ku-ring-gai e-news (Your Say (St Ives) e-news;

· Council’s website;

· Direct email to those who participated in Phase 1 Engagement; and

· Council online Community Engagement Hub.

Feedback was invited via online survey (100 participants) and an online quick poll (150 participants).

Survey Feedback – Participants

Where they live

Close (within 100 metres) of the site	16
Locally (100-500 metres of the site)	52
Elsewhere in St Ives	22
Elsewhere in Ku-ring-gai	8
Outside Ku-ring-gai	2

Age

Under 18	8
18 -24	1
25 -35	14
36-45	33
46-60	28
60-75	11
75 plus	3
Prefer not to say	1

74% indicated that they regularly have children in their care.

Internal Consultation

Internal consultation has been undertaken in the process of preparing the draft concept plan with relevant staff in Strategy, Environment and Operations teams. Further internal consultation will be carried out as the design is developed and finalised prior to documentation.

Summary

Two phases of a three-phase community consultation process have now been completed. Survey results showed 77% of responders preferred Option 2 -“Play and Explore”. The preferred option has been further refined and developed into a draft concept plan for council endorsement and public exhibition. This concept plan includes the retention of trees in the existing park area, a fenced playground, a half-basketball court, a site for a community garden, nature play, bike track, fitness station, picnic shelters and barbeque, accessible parking and an accessible toilet.

If endorsed by Council, the draft concept plan will be exhibited for community feedback (Phase 3 - Final).

Recommendation:

A. That Council receive and note the results of Phase 2 community engagement for the expansion of Bedes Forest;

B. That Council endorse the Bedes Forest Expansion - Draft Concept Plan as described in this report for public exhibition; and

C. That staff report back to Council on the results of the exhibition.

Maria Rigoli

Public Domain Co-ordinator – Local Centres

Bill Royal

Team Leader Urban Design

William Adames

Community & Business Engagement Co-ordinator

Andrew Watson

Director Strategy & Environment

Attachments:	A1⇩	Bedes Forest Upgrade - draft final concept plan		2022/168728
	A2⇩	Bedes Forest Upgrade - On-line survey summary and responses		2022/181617

Ordinary Meeting of Council - 26 July 2022	GB.15 / 1

Item GB.15	S12823

Final draft concept Plan - Fitzsimons Lane and Pacific Highway, Gordon (North) Streetscape Upgrades - Post Exhibition

EXECUTIVE SUMMARY

purpose of report:	To report to Council on the outcomes of the exhibition of the draft concept plan and seek Council’s endorsement of the final draft concept design for the Gordon (North) Streetscape Upgrade.

background:	This project has been prioritised by Council in response to public submissions on Council’s Draft Revised Delivery Program 2018-2022 and Operational Plan 2021-2022. At its meeting of 15 June 2021 Council adopted the Plan and resolved that: · Funding for street lighting works along Fitzsimons Lane be brought forward from future years and included in the 2021-2022 budget. · The budget amendment will be incorporated into the 2021-2022 Operational Plan as part of Council’s September Quarter Budget Review.

comments:	A concept plan was prepared, as described in the report to the Ordinary Meeting of Council on 15 February 2022 Item G.B. 17 and placed on public exhibition for five weeks. Eleven submissions were received through the “Your Say” portal on Council’s website. The proposal was supported, and no issues were raised that required changes to the exhibited plan.

recommendation:	That Council adopt the final draft concept plan for Gordon (North) Streetscape Upgrades; and that staff prepare detailed design plans and tender documents, with the aim of tendering for construction by mid-2023.

Purpose of Report

To report to Council on the outcomes of the exhibition of the draft concept plan and seek Council’s endorsement of the final draft concept design for the Gordon (North) Streetscape Upgrade.

Background

This streetscape upgrade project was prioritised by Council in response to public submissions on Council’s Draft Revised Delivery Program 2018-2022 and Operational Plan 2021-2022 which was exhibited in April-May 2021. During exhibition four separate public submissions were received in relation to Fitzsimons Lane, Gordon. The submissions requested the following:

· Installation of street lighting in Fitzsimons Lane, including at the junction of the lane with Ridge and Merriwa Streets, to address poor lighting issues, security risks and dangerous conditions for pedestrians and motorists; and

· providing a wider footpath in Fitzsimons Lane.

At its meeting of 15 June 2021 Council adopted the Draft Revised Delivery Program 2018-2022 and Operational Plan 2021-2022 and resolved that:

· Funding for the street lighting works be brought forward from future years and included in the 2021-2022 budget.

· The budget amendment will be incorporated into the 2021-2022 Operational Plan as part of Council’s September Quarter Budget Review.

Site Extent

The extent of the Gordon north streetscapes site addressed in this report includes:

· Fitzsimons Lane;

· the western side of Pacific Highway between Ryde Road and Merriwa Street;

· the northern side of Merriwa Street between Fitzsimons Lane and Pacific Highway; and

· the eastern side of Ridge Street between Fitzsimons Lane and Ryde Road.

Figure 1 shows the location and extent of works plan.

Figure 1 - Location and Extent of Works Plan.

Comments

Council adopted, for public exhibition, the draft concept plan for the streetscapes in the north of Gordon at the Ordinary Meeting of Council - 15 February 2022 Item GB.17. The draft concept plan aligns with the Ku-ring-gai Local Centre Public Domain Plan – Volume 2 – Gordon 2022 adopted at the Ordinary Meeting of Council on 26 April 2022 Item GB.16.

The public exhibition of the draft concept plan was held between 22 April 2022 and 27 May 2022. The results of the public exhibition showed 10 of the 11 submissions rated the proposal as “Good” or “Excellent”. There were no comments received that require any elements of the concept plan to be amended. However, due to budget restraints, some elements of the exhibited concept plan have been revised, these include:

· Retention of existing paving, path widths and trees at the western end of Fitzsimons Lane

· replacing large format pavers with concrete for upgraded footpaths in Ridge Street.

Further detail of the exhibition process is provided in the Community Consultation section of this report.

Final Draft Concept Plan - Key Design Inclusions

The proposed key design inclusions for the project are listed below, though this is not an exhaustive list. The inclusions have been separated into works to be delivered for each street within the precinct. (Final Draft Concept Plan - Figure 2 and Attachment 1)

Pacific Highway

The northern end of Pacific Highway is a new mixed-use precinct with multi-storey residential apartments and a mix of services at street level. Improvements to the pedestrian environment reinforce Pacific Highway as the main commercial street in Gordon. Proposed streetscape improvements include:

· High quality, large format paving for continuity in the streetscape;

· low level shrub planting along sections of kerb to soften the appearance of the streetscape;

· new street tree planting where footpath width allows; and

· street furniture.

Fitzsimons Lane

Fitzsimons Lane is a new mixed-use precinct with multi-storey residential apartments and a mix of services at street level. The changes have resulted in increased pedestrian movements. Proposed streetscape improvements include:

· Adjustments to kerb lines to create space for footpaths to both sides of the lane;

· new street tree planting where footpath width allows;

· high quality, large format paving for safety and continuity; and

· new LED street/pedestrian lighting.

Merriwa Street

The eastern end of Merriwa Street forms part of the mixed-use precinct with increasing pedestrian movement. Proposed streetscape improvements include:

· Undergrounding of power lines;

· high quality, large format paving for continuity in the streetscape;

· new street tree planting where footpath width allows;

· new LED streetlighting; and

· refuge island near Pacific Highway intersection for improved pedestrian safety.

Ridge Street

The north-eastern side of Ridge Street supports mixed-use development with multi-storey residential apartments and a mix of services at street level. Proposed streetscape improvements include:

· upgraded concrete footpaths; and

· new street tree planting where footpath width allows.

Figure 2 – Final Draft Concept Plan

integrated planning and reporting

Theme: Places, Spaces and Infrastructure

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.

P4.1.1.2: Implement public domain concept plans for key

precincts in Lindfield, Gordon and Turramurra local centres.

Governance Matters

· Greater Sydney Commission’s North District Plan;

· Ku-ring-gai Local Strategic Planning Statement;

· Ku-ring-gai Community Strategic Plan 2038;

· Access and Disability Inclusion Plan 2020 – 2024;

· Ku-ring-gai Development Control Plan 2021;

· Ku-ring-gai Contributions Plan, 2010;

· Ku-ring-gai Public Domain Plan, 2021; and

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

Risk Management

Risks for the project include the escalation of costs and delays to the programmed delivery of the project. Escalation of costs in the current economic environment could result in the cost for the work exceeding the allocated budget.

A cost report for the concept plan has been prepared by a quantity surveyor, prior to the public exhibition. A cost plan will also be prepared prior to the documents being issued for tender to ensure the allocated budget is sufficient to construct the works.

Financial Considerations

This project is fully funded by Development Contribution funds raised under the Ku-ring-gai Contributions Plan, 2010. Council’s Long Term Financial Plan allocates approximately $4.5M in funds for construction of the project in FY2023.

The extent of the works will be finalised once a cost report has been prepared by a quantity surveyor. This will ensure the scope of works is consistent with the available budget.

Figure 3 – Artist’s impression of Fitzsimons Lane upgrade (looking towards Merriwa Street)

Social Considerations

The aim is to create a vibrant street environment for residents and visitors to encourage and facilitate walkability by providing safer paths, shade and separation from passing traffic. The additional and upgraded pedestrian crossings and movement corridors will improve safety in the area.

Improved public domain environments will encourage walking by residents that could potentially increase community health and increase the chances of meeting and interacting with others in the community.

Environmental Considerations

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 street, but will cool the adjoining premises, potentially reducing cooling requirements and electrical bills.

The significant native trees in Pacific Highway and Fitzsimons Lane 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.

Improved public domain environments such as footpaths, providing safer crossing points for pedestrians will encourage more people to walk to the local centre, leaving the car behind, benefiting the environment.

Community Consultation

In April and May 2022, the second stage of community consultation was undertaken. More than 700 flyers (refer Attachment 1) were distributed through the Pacific Highway/ Fitzsimons Lane/ Merriwa Street/ Ridge Street precinct inviting the community to comment on the draft concept plan. This was made available through the “Yoursay” page on Council’s website. The community was also notified through posters displayed in shop fronts and office foyers around the precinct, Council’s e-news, print media and social media.

Eleven submissions were received. Ten of the submissions rated the proposal as “Good” or “Excellent”. Four comments were submitted. Responses to the comments have been provided in Attachment 2.

There were no issues raised in the submissions that require changes to the concept plan.

Internal Consultation

On 31 January 2022 at the Councillors workshop an overview of the Gordon north streetscape upgrade project was provided.

The next stage of the project will involve detailed design and the preparation of tender documents, with the aim of tendering for construction in mid-2023. For this process an internal Project Reference Group (PRG) will be created with representatives from a broad spectrum of Council Departments including Strategy and Environment, Community and Operations Departments. Anticipated representative members of the group of Council Officers are:

· Public Domain Co-ordinator;

· Community & Business Engagement Coordinator;

· Sustainability Manager;

· Strategic Traffic Engineer;

· Coordinator Design – Operations;

· Civil Design Engineer; and

· Traffic engineers.

Summary

Following the Council resolution to exhibit the draft concept plan for the proposed Gordon north streetscape upgrade - Pacific Highway and Fitzsimons Lane precinct - the draft concept plan was placed on public exhibition between 22 April 2022 and 27 May 2022.

Eleven submissions were received with ten submissions rating the concept plan as “Good” or “Excellent” The proposed design will improve the urban quality and pedestrian amenity for residents and visitors to the area. The improvements will continue the urban character of the Local Centre and connect the local centre to the Pymble Business Park. Improvements to the pedestrian environment will reinforce Pacific Highway as the main commercial street in Gordon. Proposed streetscape improvements include:

· New footpaths in Fitzsimons Lane;

· renewed footpaths with high quality paving;

· street trees;

· road improvements;

· new LED street and pedestrian lighting; and

· undergrounding of power lines in Merriwa Street.

This project will be funded through development contributions that have been collected under the Ku-ring-gai Development Contributions Plan 2010. The full extent of the works will be finalised once a cost plan has been prepared by a Quantity Surveyor confirming the costs of the works in the current financial terms.

Recommendation:

A. That Council adopt the final draft concept design for Gordon (North) Streetscape Upgrades.

B. That staff prepare detailed design plans and tender documents, with the aim of tendering for construction in mid-2023.

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⇩	Streets of Gordon North Flyer including concept plan		2022/187401
	A2⇩	Gordon North Streetscape Upgrade - Stage 2 Community Feedback and responses		2022/187406

Ordinary Meeting of Council - 26 July 2022	GB.17 / 1

Item GB.17	S13471

Planning Proposal for part 4 Pennant Avenue, Gordon - Consideration of Public Exhibition and Public Hearing

EXECUTIVE SUMMARY

purpose of report:	For Council to consider the submissions received during the public exhibition of the Planning Proposal for part 4 Pennant Avenue, Gordon. For Council to consider the public hearing report prepared by the Independent Chairperson following the public hearing for the reclassification of the site. For Council to determine whether to proceed with the Planning Proposal and make an amendment to the Ku-ring-gai Local Environmental Plan 2015.

background:	The Planning Proposal is for the former Gordon Bowling Club site at part 4 Pennant Avenue, Gordon. The site has been vacant since the Gordon Bowling Club terminated its lease with Council and vacated the site in 2018. The Planning Proposal seeks to make the following amendments to the Ku-ring-gai Local Environmental Plan 2015: · Rezone from RE1 Public Recreation to R2 Low Density Residential; · Apply a Maximum Height of Buildings of 9.5m; · Apply a Floor Space Ratio of 0.3:1; · Apply a Minimum Lot Size of 840sqm; and · Reclassify from ‘community’ to ‘operational’ land.

comments:	The Planning Proposal was placed on public exhibition from 8 October – 15 November 2021. 189 submissions were received, and 5 late submissions were received. A public hearing was chaired by an Independent Chairperson and was held on 24 February 2022 to provide opportunity for the community’s views to be heard regarding the proposal to reclassify the land from ‘community’ land to ‘operational’ land.

recommendation:	That Council adopt the Planning Proposal to rezone and reclassify part 4 Pennant Avenue, Gordon.

Purpose of Report

For Council to consider the submissions received during the public exhibition of the Planning Proposal for part 4 Pennant Avenue, Gordon.

For Council to consider the public hearing report prepared by the Independent Chairperson following the public hearing for the reclassification of the site.

For Council to determine whether to proceed with the Planning Proposal and make an amendment to the Ku-ring-gai Local Environmental Plan 2015.

Background

Subject site

The subject site of this Planning Proposal is part 4 Pennant Avenue, Gordon, which comprises of Lot Y DP387680. The site is Council owned land and was leased to the Gordon Bowling Club from 1953 until 2018. In 2017 the Gordon Bowling Club terminated the lease with Council. The site has been vacant since 2018.

The site has an area of 1.12ha. The site is irregular in shape, with a main frontage to Pennant Avenue, and a pedestrian access handle to the north of the site which provides access to Bushlands Avenue, Gordon (between No.18 and 22 Bushlands Avenue).

Currently the subject site comprises:

· Single storey former clubhouse building in the central portion of the site;

· asphalt carpark area to the south-western portion of the site;

· three lawn bowls greens;

· greenkeepers shed adjacent to the eastern boundary ;

· toilet block and additional greenskeepers storage near south-eastern corner; and

· asphalt pathway along the pedestrian access handle to Bushlands Avenue.

Image 1: Subject site photos

Lot X DP387680

The other part of 4 Pennant Avenue, being Lot X DP387680, adjoining the subject site to the west is not included in the Planning Proposal and no changes are proposed to the classification or planning controls on this site. It is intended that Lot X be retained as a public reserve and classified as a Natural Area, acknowledging the significance of the vegetation on the site including canopy remnants identified as Sydney Turpentine-Ironbark Forest (STIF) vegetation community. Retention of this part of 4 Pennant Avenue provides for the reservation of urban bushland and open space, allowing for passive uses.

Image 2: Aerial photo of subject site (yellow), and adjoining Lot X DP387680 (blue)

History of the Planning Proposal

· Strategic planning for this site has been ongoing for nearly 4 years, the following provides an overview of the planning actions since 2018:

• 8 May 2018: Council resolved to prepare a Planning Proposal to rezone the redundant bowling club site from RE1 to R3 Medium Density Residential, with associated development standards.

• May – September 2018: Planning Proposal and some supporting studies prepared

• 17 September 2018: Planning Proposal reported to Ku-ring-gai Local Planning Panel for advice.

• 2 October 2018: Planning Proposal for R3 Medium Density Residential submitted to the Department of Planning and Environment for Gateway Determination.

• 17 February 2020: Department of Planning and Environment issued Gateway Determination which included conditions which required the Planning Proposal to be revised from R3 Medium Density to R2 Low Density Residential, and a number of supporting studies to be prepared prior to exhibition.

• 28 April 2020: Council resolved to request the Department of Planning and Environment undertake a review of the conditions attached to the Gateway Determination. To date, no response has been received to this request.

• 30 June 2020: No response received from the Department of Planning and Environment from the review request, Council resolved to proceed with a Planning Proposal for an R2 Low Density Residential zoning on the site.

• July 2020 – March 2021: Supporting studies prepared for Planning Proposal for R2 Low Density Residential

• 16 April 2021: Amended Planning Proposal and supporting studies as per the conditions on the Gateway Determination (R2 Low Density Residential) submitted to Department of Planning and Environment for approval for public exhibition.

• 30 May 2021: Department of Planning and Environment altered Gateway Determination to ‘do not proceed’. The reason the Gateway Determination was altered to ‘do not proceed’ is that the timeframe it had taken for the Planning Proposal was contrary to the new Reform Action Plan which although non-statutory, has a specific focus on reducing the timeframes for completing Planning Proposals to no more than one year. The Department of Planning and Environment recommended that Council resubmit the Planning Proposal (revised in accordance with the Gateway Determination issued 17 February 2020 i.e for R2 Low Density Residential) for a new Gateway Determination, to reset the clock and meet the Department’s new KPI requirements.

• 20 July 2021: Council resolved to resubmit the amended Planning Proposal seeking to rezone the site to R2 Low Density Residential to the Department of Planning and Environment for a new Gateway Determination.

• 24 September 2021: New Gateway Determination issued by DPE.

• 8 October – 15 November 2021: Public exhibition of Planning Proposal.

• 24 February 2022: Public Hearing chaired by Independent Chairperson into the reclassification of site from ‘Community’ land to ‘Operational’ land.

• 2 June 2022: Council sought an extension to the Gateway completion timeframe

• 17 June 2022: DPE issued an Alteration of the Gateway Determination requiring the Planning Proposal to be completed by 23 September 2022.

Gateway Determination

In accordance with the Council resolution of 20 July 2021, the Planning Proposal seeking to rezone the site to R2 Low Density Residential was submitted to the Department of Planning and Environment on 21 July 2021 for a Gateway Determination. A Gateway Determination was issued on 24 September 2021.

The initial Gateway Determination required the Planning Proposal to be completed within 9 months from the date of issue i.e by 24 June 2022. In June 2022, Council sought an extension to the Gateway completion timeframe to allow for the consideration of the recommendation of the independent chairpersons report from the Public Hearing. An alteration of the Gateway Determination was issued on the 17 June 2022 which requires the Planning Proposal to be completed by 23 September 2022. A copy of the Alteration of the initial Gateway Determination and the Alteration of the Gateway Determination is included at Attachment A1.

Planning Proposal – Amendments to Ku-ring-gai Local Environmental Plan 2015

The Planning Proposal seeks make the following amendments to the Ku-ring-gai Local Environmental Plan 2015:

· Rezone from RE1 Public Recreation to R2 Low Density Residential;

· apply a Floor Space Ratio of 0.3:;

· apply a Maximum Height of Buildings of 9.5m;

· apply a Minimum Lot Size of 840sqm; and

· reclassify the site from ‘community’ land to ‘operational’ land.

Comments

Public Exhibition – Planning Proposal

The Planning Proposal was placed on public exhibition from 8 October – 15 November 2021 in accordance with the conditions of the Gateway Determination and Council’s Community Participation Plan. A copy of the exhibited Planning Proposal and appendices is included at Attachments A2-A12.

A. Submissions

A total of 189 submission were received during the public exhibition. 5 late submissions were received after the close of the exhibition.

A submission summary table is included at Attachment A13 which provides a summary of the key issues and themes raised in the submissions, Council’s response and any recommended amendments to the Planning Proposal.

The following are some of the most common matters raised in the submissions:

· Supportive of Planning Proposal

Some submissions supported the Planning Proposal and noted that the subdivision into 9 low density residential lots is acceptable.

Comment: The support for the Planning Proposal to rezone the subject site to R2 Low Density Residential is noted. The rezoning of the site to R2 Low Density Residential demonstrates both strategic and site-specific merit in that:

· It is consistent with the Directions, Objectives and Planning Priorities of the Greater Sydney Region Plan: A Metropolis of Three Cities, the North District Plan and the Ku-ring-gai Local Strategic Planning Statement relating to the provision of housing close to transport, services and facilities, prioritising new housing in locations that enable 30 min access to key strategic centres and providing local infrastructure to support growth and change.

· The proposed R2 Low Density Residential zoning and associated development standards are the same as those applying to the adjoining residential area which will ensure that any future development on the site is of a compatible height, bulk and scale.

· The site is located in close proximity to the Gordon Local Centre which provides high level amenity in terms of access to services and facilities such as shops, supermarkets, medical services and community facilities such as library. Gordon Local Centre also provides high level access to public transport, with key transport links to Hornsby, Chatswood and the Sydney CBD by train and Macquarie Park by bus.

· The site has been vacant since 2018 and is no longer required for the purpose it was acquired for. The site presents an opportunity for Council to utilise the process of asset recycling to fund high priority community infrastructure.

· Do not support Planning Proposal

Many submissions were against the Planning Proposal, with concerns raised about removing open space for residential development, concerns that it was not considered appropriate or compatible, objection to increasing density as a result of reduction in recreation space and claims that the rezoning of greenspace to residential is incompatible with Council policies. Some submissions against the Planning Proposal were against medium or high density development on the site.

Comment: The Planning Proposal proposes to rezone the site to R2 Low Density Residential with development standards which are consistent with the surrounding properties, and would result in approximately 9 additional dwellings. The Planning Proposal will not permit medium or high density development on the site.

The purpose of the Planning Proposal is to facilitate future divestment of the site if and when required by Council to fund high priority community infrastructure. The retention of the site for a park or another recreation use is not supported due to key issues relating to contamination, flooding and drainage, level changes across the site and lack of funding. Council is committed to providing additional open space throughout Ku-ring-gai and Gordon through the Open Space Acquisition Strategy and local planning priorities contained in the LSPS. Council will offset or compensate for the loss of this site by continuing to acquire sites that are better suited for the provision of open space and recreation needs of the community.

· Support for and opposition to Seniors Housing

Submissions were received both in support and against seniors housing on the site. Those in support noted that seniors housing independent living units would provide an opportunity for seniors to downsize in Ku-ring-gai. Those against raised concerns with increased density, traffic and safety of children in the area.

Comment: The support for seniors housing on the site is noted. The objection to seniors housing on the site is noted. Since the preparation of the Planning Proposal and the Urban Design Study which examined a potential Seniors Housing option on the site, the NSW Department of Planning and Environment has made amendments to the requirements for seniors housing developments within the R2 Low Density Residential zone as part of the new State Environmental Planning Policy (Housing) 2021. The new requirements outline that development of seniors housing within the R2 zone must be provided by an operator specified by the relevant legislation, which means that it is unlikely that the development of independent living units as a typology could occur.

· Caveat – Public Reserve

Many submissions raised the caveat which was placed on the title in 1953 requiring the site be retained as a public reserve as a legal impediment to the Planning Proposal proceeding.

Comment: As part of the Gateway Determination, the Delegate of the Minister of Planning noted that:

‘…the Planning Proposal’s inconsistency with section 9.1 Direction 6.2 Reserving Land for Public Purposes is justified in accordance with the terms of the Direction. In relation to section 9.1 Direction 6.2 Reserving Land for Public Purposes, I have agreed to the reduction of land for public purposes on the basis that the area is appropriately serviced by public recreation space. No further approval is required in relation to this Direction.’

The reclassification of public land through an LEP is the mechanism with which Council can formally remove any public reserve status applying to land, as well as any interests affecting all or part of public land (s.30 Local Government Act 1993). For the purposes of reclassification through an LEP ‘interests’ means trusts, estates, dedications, conditions, restriction and covenants affecting the land.

At the OMC 8 May 2018, Council resolved to reclassify Lot Y DP 387680 from ‘community’ land to ‘operational’ land and formally seek to extinguish all necessary interests that apply to the land. Through the reclassification of the site council seeks to extinguish the Caveat from 1953 which holds the subject site as a Public Reserve.

All drainage easements are to be retained.

· Open Space

Many submissions objected to the Planning Proposal stating that the site should remain as open space for either a park or another recreational use. Submissions noted that there is limited/no open space on the western side of the Pacific Highway and that the site is a good size to be retained for open space, which will be important with future increases in population. Submissions noted that the site had been of benefit to the community during the recent Covid lockdowns for both physical and mental wellbeing.

Submissions outlined that the requirements of the Open Space Acquisition Strategy, such as the requirement for 2 street frontages, should only be considered for the acquisition of new land for park, and not apply to existing open space.

Submissions noted that retaining the site as open space was consistent with the Planning Ministers comments on the importance of retaining open space, as well as the planning priorities in the North District Plan to deliver high quality public open space.

Comment: Council’s Open Space Acquisition Strategy (OSAS) was created to ensure land acquisitions are effective investments in terms of location and quality and to ensure that new parks meet the recreational needs of residents.

The Open Space Acquisition Strategy (OSAS) establishes principles and priorities for acquiring open space in Ku-ring-gai. The subject site has been assessed and it has been determined that the location is not suitable for a park.

The area between Bushlands Avenue, Gordon Golf Course, Cecil Street and the Pacific Highway has seen minimal medium and high density dwellings constructed, and under the adopted Housing Strategy there remains only a few properties zoned for higher density. While it is desirable to have a park within 400-500m of all residents, Council only has funds available for new parks from development contributions. The Ku-ring-gai Contributions Plan 2010 obligates Council to purchase land for new parks within close proximity to medium and high-density development, this is termed ‘nexus’ which is the relationship between expected types of development in the area and the demonstrated need for additional public facilities created by those developments. With two heritage conservation areas to the south and north and a golf course to the west future significant development in the surrounds is unlikely. Council has recently constructed a park (Greengate Park) on Bruce Avenue, which is approximately 500 metres from the subject site. Council has resolved (OMC 5 April 2016) to develop the Gordon golf Course as a regional park, following the expiration of the lease of the Gordon Golf Club; the golf course is less than 350 metres from the subject site. Furthermore, the site does not align with the accessibility, connectivity, passive surveillance or carrying capacity principles established in the OSAS.

The use of development contributions cannot be justified for converting the subject property to a park given the lack of medium and high density development in the immediate area. A new park on the site would have to be funded from other unbudgeted sources.

Council recognises the importance of open space for health and well-being of residents. Across Ku-ring-gai, Council has been actively acquiring land and converting the land to new parks. To date Council has created or is in the process of creating over 25,000sqm of new parks and civic spaces.

Council is currently undertaking the Recreation Needs Study to inform the Recreation Needs Strategy and the future provision of recreation spaces in an integrated manner. The retention of this site in its current configuration is deemed unsuitable without significant unfunded investment for property acquisitions and works to achieve a functional, accessible open spaces.

· Alternative uses for site

Many submissions included suggestions for alternative uses for the site including mixed use sporting fields, football / soccer, skateboard park, mountain bike track, netball /basketball courts, community garden, park, and community facilities such as childcare, community centre / community hall.

Comment: There is public perception that it would be easy to convert the site to another recreation use or open pace use such as a park, or community garden. However, the reality is that it would not be simple and would require significant funding which is currently unbudgeted for.

Key issues which impact on the ability to convert the site for other recreation or open space uses include:

o Contamination – the construction of any sports facility or park on the site would require regrading (cut and fill) in order to make the site level. Disturbance of existing contaminated soil would require the site to be remediated. There are significant costs associated with the remediation of the site which is undetermined due to the nature of the site level of contamination. Whilst the initial contamination report has identified contamination, the volume of contamination is unknown and potentially poses a significant financial exposure to Council which is unfunded.

o Flooding and drainage – the site is identified as being subject to overland flooding and a flood storage area with the bowling greens providing most of the flood storage volume. Any potential changes across the site have the potential to alter the existing flood behaviour, which may adversely impact on nearby properties. The construction of any recreation facilities or park would require appropriate flood impact modelling and assessment, and the design and location of flood infrastructure such as swales or storage areas may impact on the areas of the site that can be used for recreation purposes (e.g. the location of courts/field and associated amenities).

o Level changes across the site – there are significant level changes across the site, especially between the existing carpark on the north-western corner and the former bowling greens. There are also level differences between the x3 bowling greens on the site, and the surrounding properties on Bushlands Avenue and Cecil Street. The construction of any recreation facility or park would require significant regrading (cut and fill). Reshaping of the site to accommodate larger field capacity (surface) would have significant impact to adjoining residents, existing vegetation, water and stormwater mitigation across the site. In addition, the level of cut and fill across the site would impact the potential retention of the existing clubhouse and maintaining accessibility.

o Funding – the construction of any recreation facilities or park on the site is an unfunded cost. Development contributions have been allocated for other projects in Gordon and are not available for use on this site. Indicative costs include:

o Park – up to $5-6million (excluding any flood and remediation works)

o Recreation facility - up to $8-10million

An assessment and indicative modelling has been undertaken of potential community and recreation use options on the subject site, with regard to size, parking, facilities, lighting, fencing storm water management and regrading requirements (See Attachment A17). The potential uses assessed include:

o Field hockey

o Football full size

o Football Juniors MiniRoos

o Futsal

o Netball/basketball

o Combined Community Space

All these uses are an intensification from the previous use as a bowling club and have the potential to result in amenity impacts from lighting, noise and traffic. These uses would also require amenities to be provided and significant car parking. Due to size requirements of courts/fields this would result in the removal of existing parking on the subject site. It is considered that the site is not suitable for organised or active sports due to the physical constraints on the site, as well as proximity to residential properties.

It is unclear what the peak traffic flows were in Pennant Avenue when the bowling club was operating, although it was very unlikely to exceed 100 vehicles per hour at peak times of the bowling club. Current traffic flows are likely to be in the order of 5-10 vehicles in the peak hour, based on the number of surrounding homes having access to Pennant Avenue.

With the exception of Hockey, the majority of the potential recreation uses could result in peak hour traffic flows of between 100 and 300 vehicles per hour or more in Pennant Avenue. The existing road with would be insufficient and a road width of up to 7m should be provided where traffic flows reach 100-200 vehicles per hour. Therefore, with most of the potential active recreation uses, the road carriageway width in Pennant Avenue would have to be upgraded to cater for the additional traffic flows.

All the potential recreation uses would not be able to accommodate their parking needs on site within the current parking provision. This is likely to result in spill over parking in Browns Road which is not a suitable environment for intensification of on-street parking. Spill over parking could also occur in Bushlands Avenue, and being largely un-kerbed on the southern side, is probably also not a suitable environment for intensification of on-street parking unless the road infrastructure is improved (e.g. kerb and gutter, footpath, drainage etc.).

A desktop swept path analysis of a standard 12.5m long bus turning in/out of the intersection of Browns Road and Pennant Ave was undertaken. The analysis indicates that the intersection would need major widening work to allow a bus to comfortably turn in and out of it. There would be impacts to trees in the intersection area and the frontage of 28 Browns Road would need to be modified substantially to accommodate the swept path of a right turning bus from Pennant Avenue into Browns Road. The impacts would be greater if a longer (14.5m) coach required access to the site. Bus parking (for drop-off and pick-up) could conceivably occur in Bushlands Avenue, but being largely un-kerbed on the southern side, is not a suitable environment for intensification of kerbside use unless the road infrastructure is improved (e.g., kerb and gutter, footpath, drainage etc.). Even if improvements are made, it is unlikely that width of the pedestrian connection between Bushlands Ave and the site would be adequate/wide enough to cater for bus groups (potentially up to 60 passengers, or more, per bus) arriving/departing the site. Also, for buses arriving from the north (e.g. Wahroonga/Turramurra/St Ives) and departing to the south (e.g. Lindfield and Roseville), the nature of the surrounding road network means buses would be required to use roads unsuitable for that size vehicle in order to approach/pull-up or depart from the southern side of Bushland Ave adjacent to the pedestrian connection.

At this stage the surrounding street infrastructure does not allow for the implementation of active transports routes to the site and would require considerable investment in footpath infrastructure for Browns Road, Bushlands Avenue to connect at the very least to the Pacific Highway.

For a community garden, it is only successful where there is an active, well-organised and established community group. Council’s most successful community garden in Turramurra only occupies 1000sqm, which is 1/10^th of the subject site area.

The subject site has also been assessed against the criteria outlined in the Draft Greener Places document, ‘Open Space for Recreation’. A core issue in the performance-based planning approach is to ensure that any land proposed for recreation use is fit for purpose. The document outlines site quality performance criteria to assess site suitability and intended purpose.

Hazards and constraints

The land must be free of hazards and constraints to community use. Contamination has been identified on site from the Stage 1 Preliminary Site Investigation report.

Minimum widths

The criteria set out in the document stipulates that land for sporting use must generally be 150m or greater for any dimension to allow for proper orientation of fields or courts. The site measures 108m at its widest point, falling short of the minimum 150m dimension for sporting use.

Safety and design

The criteria stipulates a number of minimum frontage percentage requirements in order to satisfy crime prevention through environmental design (CPTED) principles. Issues surrounding CPTED are addressed in a separate section below. It is noted the clubhouse has been vandalised and some of the ancillary sheds have been used for anti-social behaviour and associated drug use. Some of these structures have as a consequence, been recently removed.

Buffers and adjacent land use

The criteria requires the consideration of adjacent land uses and for parks to be adequately buffered from incompatible uses. In order to align with this, fencing would be required for neighbouring residential properties.

Constructed drains and flooding

The drainage of the site would need to be considered as the site contains riparian land.

Suitability for alternative uses - safer by design

The site in its current configuration would not be considered suitable for converting to a community space based on the location and access. Principally good recreation spaces have at the minimum at least one street frontage preferably two to allow for passive surveillance from not only adjacent residents but users of the street. It also allows for vehicular surveillance of the site from emergency services. Surveillance is one of the key principles of Safer by Design (Crime Prevention through Environmental Design), at this stage access to the site is either via a narrow pedestrian access or Pennant Ave.

Examples of Bowling club conversions to recreation spaces that have at least two street frontages which provide access to the community and provide the necessary visual access, include Kings Park, Denistone, and Kensington Park, Kensington. Each site is a converted bowling club that provides community recreation spaces. For Council to achieve the same principles of safer by design and street frontage access would require Council to acquire multiple properties to at least achieve a minimum one street frontage. To achieve the two street frontages more would need to be acquired.

Passive surveillance of public spaces by users of the street is very important for any public space. Best practice is to have good sight lines into public spaces and no areas that are obscured from view that may be a haven for undesirable behaviour or opportunistic crime (where the opportunity to commit a crime is facilitated due to lack of surveillance). Not only parks, but the location of public toilets requires good surveillance from the street, should there be a demand for toilets if a park were to be developed on this site. Carpark areas should also be in clear view to well-used streets.

Opportunistic crime could become a problem with increased visitation to the site if it becomes a park. The visitor type for a park will be much more varied than a bowling club. Visitors of all ages would frequent a park. Access to adjoining properties is readily available from the site and the safety of the adjoining residents and their properties should be taken into consideration. Access control to and from the would be difficult, if it is a public space.

Residential development on the site would increase the population and will benefit the entire street for security, through additional surveillance and access control. Access to Pennant Avenue would be generally limited to the residents and their visitors. The cul-de-sac could become a focus for neighbourhood activities and social connections. A residential community will provide “territorial reinforcement”, that is, the motivation for residents to control the space and those that enter it. A public space on the site would be difficult to control access.

· Traffic and Parking

Submissions raised concerns that the proposal would increase traffic and impact on road safety for children with the site only having one access road. Concern was raised about additional local traffic on Cecil Street for vehicles wanting to turn south, and the combined traffic impacts from development of the site alongside the seniors housing development in Bushlands Avenue.

Comments were made on the traffic study, which compared the traffic generation from the proposed residential uses and historic use as a bowling club and concerns were raised that there would be significantly more traffic once the site is rezoned than its previous use as a bowling club.

Concerns were raised with the existing limited on-street parking in the area currently which the proposal will further result in more demand for.

Comment: The proposed rezoning of the site to R2 Low Density Residential is forecast to generate 9 vehicle trips per hour (2-way) during the morning and evening peak hour. This is equivalent to an average of approximately 1 additional trip every 6-7 minutes along Pennant Avenue, which is a very low traffic flow. When these trips are distributed to the surrounding road network, the effects would be diluted further and therefore unlikely to have significant additional impact to the surrounding road network and intersection operation.

The forecast traffic generation will actually represent a reduction in traffic in the afternoon peak compared to the traffic generation of the former bowling club use (potentially 40 vehicle trips per hour).

· Future R3 Medium Density Residential

Many submissions raised concerns that the Planning Proposal is deceiving in that it is seeking R2 Low Density Residential on the site, but Council will pursue further upzoning to R3 Medium Density Residential. Concerns were particularly raised that R3 Medium Density Residential would impact on the local character of the area.

Comment: The Planning Proposal does not seek to rezone the site to R3 Medium Density or R4 High Density Residential. The intention of the Planning Proposal is to rezone the subject site to R2 Low Density Residential, which is set out specifically in Part 2 Explanation of Provisions of the Planning Proposal document. If Council were to seek a further change in zoning – to either R3 or R4 – this would require a further resolution of Council to prepare a new Planning Proposal, and then that Planning Proposal would be subject to the same process and requirements as all other Planning Proposals, including Gateway Determination from the Department of Planning and Environment, public exhibition and then a final Council determination on whether to proceed.

· Financial

Submissions objected to the sale of the site and Council’s asset recycling strategy, and outlined that Council should not be selling public property to fund financial shortfalls. Some submissions noted that Council has a surplus of funds and that there is no need to dispose of any community land to increase assets. Submissions objected to the funds from the sale of the site being used to fund projects in other suburbs. It was also suggested that Council could utilise development contributions to fund improvements to the site so that it could be retained as open space.

Comment: A major part of Council’s long standing financial and asset strategy is the use of funds from the sale of various property assets to fund the renewal of existing infrastructure assets, to upgrade existing assets and to construct new assets. This asset recycling assists Council to fund specific civic and community projects through the sale of under-utilised assets. The reasoning for Council to divest these assets is to ensure that Council meets the future needs of the community by providing purpose-built facilities and maintaining financial sustainability. Council’s Long Term Financial Plan identified asset sales as a short, medium and long term funding strategy. The Ku-ring-gai Local Strategic Planning Statement includes a specific Action: Continue to utilise asset recycling to invest in new assets or revitalise existing assets (ongoing).

The site has been vacant since the Gordon Bowling Club vacated the site in 2018, and the site is no longer required for the purpose it was acquired for. There is a public perception that it would be easy to convert the site for another recreation or open space use, however it would not be simple or inexpensive due to the contamination, flooding and drainage, level changes and funding. Development contributions have been allocated for projects in Gordon Local Centre and are not available to be used on this site to fund the construction of either a sporting facility or park. The construction of any recreation or open space use on the site is an unfunded cost.

The site presents an opportunity for Council to utilise the process of asset recycling to invest in new assets or revitalise existing assets. The Ku-ring-gai Long Term Financial Plan and Delivery and Operational Plans identify which projects are to be funded from asset sales, including:

o St Ives Sports Centre;

o Marian Street Theatre;

o upgrade and renewal of buildings, roads, kerb and gutter, footpaths, stormwater network, and parks; and

o major town centre projects such as the Lindfield Village Hub and Turramurra Hub and the like.

Any future divestment of the site is earmarked to assist Council in meeting community expectation for the renewal and replacement of community infrastructure. It is also worth noting that acquisition of the asset in the first instance would have been from municipal wide sources, not just the local area.

B. State Agency Submissions

The conditions of the Gateway Determination required consultation with the following state agencies and public authorities under section 3.34(2)(d) of the Environmental Planning and Assessment Act 1979:

· Transport for NSW, incorporating Roads and Maritime Services;

· Sydney Water; and

· Ausgrid .

The State agencies and public authorities were provided a copy of the Planning Proposal and 21 days to provide comment as per the conditions of the Gateway Determination.

Responses were received from TfNSW, Sydney Water, and Ausgrid.

A state agency submission summary table outlining the key matters raised by each agency and Council’s response is included at Attachment A14. Copies of the submissions are included at Attachment A15.

Public Hearing – Reclassification from Community Land to Operational Land

The Local Government Act 1993 requires that all Council land be classified as either ‘community’ or ‘operational’. The purpose of classification is to identify clearly land that is made available for use by the general public, and land which is not. How public land is classified determines the ease or difficulty Council has in dealings, including sale, leasing and licensing. Community classified land cannot be sold, exchanged or otherwise disposed of by Council. There are no special restrictions on Councils powers to manage, develop or dispose of operational land.

A public hearing is required when Council is reclassifying public land from ‘community’ to ‘operational’.

A Public Hearing was held on 24 February 2022 in accordance with section 29 of the Local Government Act 1993 . The public hearing was chaired by an Independent Chairperson, Robert Player.

No written submissions from the public were received at the Public Hearing. A total of ten (10) persons registered with Council to address the Public Hearing, of which eight (8) made an oral submission and two (2) did not attend the Public Hearing. An additional two (2) persons who were not registered speakers provided an oral submission at the Public Hearing. Council also addressed the Independent Chairperson.

Issues raised at the public hearing included concerns about the loss of green open space and the loss of recreational space, with suggestions for alternative community or recreational uses for the site. These issues have been addressed above in response to written submissions received during the public exhibition period.

· Protection of the descendant of the Lone Pine in Gallipoli

An issue that was raised during the public hearing that was not raised in any of the written submissions during the public exhibition period was the heritage protection and conservation of a tree located on the eastern side of the Bowling Club that is a descendent of the Lone Pine in Gallipoli.

Comment: An assessment of the tree was undertaken by a Council Tree Management Officer to determine the species, age and health of the tree. The assessment confirmed that the tree is a Lone Pine, however the specimen is considered to be in poor condition, in low vigour and is supressed by larger trees nearby with an asymmetrical canopy.

According to Council’s Criteria for Assessment of Landscape Significance, this specimen is considered to be of low landscape significance:

· small live crown size less than 40m2 and can be replaced within the short term with new tree planting; or

· the tree is a poor representative of the species, showing significant deviations from the typical form and branching habit with a crown density of less than 50% crown cover; and

· is not visible from surrounding properties (visually obscured) and makes a negligible contribution to the amenity and visual character of the area.

The tree may be considered to removal under Council’s Tree Assessment Guidelines to Prune or Remove Trees on Private Property and Council Managed Land, reasons for removal:

· Where the tree is in poor condition or structure, or in declining health with a life expectancy of less than five years.

In Ku-ring-gai, heritage trees are not listed as standalone heritage items. Instead, there are controls in the Development Control Plan (DCP) for tree preservation. The 2020 John Oultram heritage report for site does not identify significant trees on this site generally or memorial trees specifically. There is no documented evidence of when the tree was planted or the circumstances around the history of the tree. The inspection of the tree indicates that it is a relatively young specimen (i.e., under 30 years of age). Lone Pine descendent memorials are relatively common, with at least two others known in the Council area. These known examples are not heritage listed, and Council does not have any standalone war memorials heritage listed at this stage.

A copy of the Independent Chairpersons Report for the public hearing is included at Attachment A16.

The public hearing report recommends that:

1. That Council re-evaluate whether to proceed with the reclassification of the site from

“Community” to “Operational” land as part of the Planning Proposal or, otherwise retain

the site as RE1 zoned land and “Community” land to be developed as a public open

space area suitable for multifunctional recreational and community facilities.

2. That this report on the Public Hearing for the reclassification of the site be made available

for public viewing in accordance with the requirements of Section 29 of the LG Act.

Site-specific Development Controls

The Urban Design Study that was prepared to support the Planning Proposal and which was publicly exhibited (Attachment A8) included some recommended site-specific development controls for future development on the site under the proposed R2 Low Density Residential zoning.

It is recommended that should Council resolve to proceed with the Planning Proposal to rezone the subject site to R2 Low Density Residential, that a site-specific Development Control Plan be prepared based on the site specific development controls contained in section 3.8 of the Urban Design Study, and include consideration of the following elements:

· Planned future character;

· pedestrian and vehicle access;

· landscape;

· setbacks; and

· built form.

The preparation of a site-specific DCP provides guidance and greater assurance on the built form outcomes to be achieved on the site and ensures that future development is in keeping with the context of the surrounding area. The draft site-specific DCP would be subject to a separate public exhibition process.

integrated planning and reporting

Theme 3: Places, Spaces and Infrastructure

Theme 6: Leadership and Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P2.1: A robust planning framework is in place to deliver quality design outcomes and maintain the identify 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

P2.1.1.2: Continue to review the effectiveness of existing strategies, local environmental plans, development control plans and processes across all programs

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

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

L2.1.3.1: Identify available funding sources in the Long Term Financial plan and allocate to priority projects and assets

Governance Matters

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

Section 3.36(2) of the Environmental Planning and Assessment Act 1979 outlines that following the completion of community consultation, the local plan making authority may:

a) Make a local environmental plan, either with or without variation

b) Decide to not make the proposed local environmental plan

Given the nature of the proposal, Council has not been authorised to be the plan-making authority to make this plan. This means that should Council resolve to adopt the Planning Proposal, it will need to be submitted to the Department of Planning and Environment with a request to make the plan.

Section 45 of the Local Government Act 1993 prevents Council from selling, exchanging or otherwise disposing of ‘community’ classified land.

Legal advice was previously sought (Confidential Attachment A18) verifying that Council is not bound by the Public Hearing recommendations, and is able to proceed otherwise. In this case, however, the independent chair only required Council to inter alia “re-evaluate whether to proceed with the reclassification of the site from “Community” to “Operational” land as part of the Planning Proposal or, otherwise retain the site as RE1 zoned land and “Community” land to be developed as a public open space area suitable for multifunctional recreational and community facilities.” This recommendation is addressed via this report.

Risk Management

There is a significant risk to Council’s overall budget position if asset sales are not achieved. There is also a reputation risk to Council if it fails to proceed with social infrastructure projects, such as the St Ives Indoor Sports Courts and Marian Street Theatre, which rely on asset sales for funding.

Financial Considerations

The subject site presents an opportunity for Council to utilise asset recycling to invest in new assets or revitalisations of existing assets, such as the Marian Street Theatre and St Ives High School Indoor Sports Courts.

Asset recycling

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).

Infrastructure Assets

Infrastructure assets are Council’s core assets such as roads, footpaths, buildings and drains. 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). However, not all asset classes are forecast to be maintained in their current condition. Based on the planned expenditure in the LTFP and assuming assets sales funds are available as planned:

· Roads will improve;

· footpaths will improve;

· kerb and gutter, car parks, road structures and bridges will deteriorate;

· buildings will deteriorate with many not meeting current building codes or community expectations;

· recreation and park assets will deteriorate and may lead to defective facilities and equipment; and

· stormwater drains will deteriorate and may lead to blocked pipes, flooding and sink holes. Recent visual inspection has indicated that the condition of drains may require more remediation than previously assessed.

Council has insufficient funding in the LTFP to sustainably manage and improve its existing infrastructure assets and meet community expectations. Council could consider a special rates variation in future years to provide additional revenue for core infrastructure renewal.

Development Contributions

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.

Social Considerations

The proposed rezoning of this site to a residential zone will assist in the provision of additional housing within Ku-ring-gai.

Any future divestment of the site would assist Council in meeting community expectations for the renewal and replacement of community infrastructure, such as the Marian Street Theatre and the St Ives High School Joint Use Indoor Courts.

Environmental Considerations

Due to past land uses and activities on the site, a Stage 1 Preliminary and Stage 2 Detail Site Investigation have been undertaken (Attachments A5 and A6), which have confirmed there are areas of environmental concern (contamination) on the site. The site is able to be made suitable for future residential uses, subject to further assessment, management and remediation.

Community Consultation

Planning Proposal

The Planning Proposal was publicly exhibited in accordance with the requirements of the Gateway Determination and Council’s Community Participation Plan.

The Planning Proposal was on exhibition from 8 October – 15 November 2021. Notification letters were sent to properties (x563) in the surrounding vicinity and exhibition material was made available on Councils website.

Public Hearing

Notice of the public hearing was notified on Council’s website from 1 February 2022, and notification letters were sent both:

· to the same properties in the surrounding vicinity that were originally notified of the Planning Proposal (x563); and

· any person that had made a submission to the public exhibition of the Planning Proposal

Section 47G(3) of the Local Government Act 1993 requires that Council must make a copy of the Independent Chairpersons Public Hearing Report available to the public within 4 days of receiving it. The Public Hearing Report was received on 22 April 2022 and made available on Council’s website on 24 April 2022.

Internal Consultation

The assessment of the Planning Proposal and submissions received in response to the public exhibition involved internal consultation with Council officers with specialisation in traffic and transport, planning, urban design, heritage and open space and recreation.

Summary

The site has been redundant since the former Bowling Club vacated the site in 2018.

The Planning Proposal for part 4 Pennant Avenue, Gordon was publicly exhibited and a public hearing into the reclassification of the site was held by an Independent Chairperson on 24 February 2022.

Issues raised primarily included concerns about the loss of green open space and the loss of recreational space, with suggestions for alternative community or recreational uses for the site.

An assessment and indicative modelling have been undertaken of potential community and recreation use options on the subject site, with regard to size, parking, facilities, lighting, fencing storm water management and regrading requirements. It is considered that the site is not suitable for organised or active sports due to the physical constraints on the site, as well as proximity to residential properties and costs.

Indicative costs include:

o Park - $5-6million (excluding any flood and remediation works)

o Recreation facility - $8-10million (excluding site expansion costs)

Funding for the construction of any recreation facilities or park on the site is an unfunded cost.

The 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. Any future divestment of the site would assist Council in meeting community expectations for the renewal and replacement of community infrastructure.

The proposed rezoning of this site to a residential zone will assist in the provision of additional appropriate housing within Ku-ring-gai. Accordingly, Council should adopt the Planning Proposal to rezone and reclassify land at 4 Pennant Avenue, Gordon.

Recommendation:

A. Council adopt the Planning Proposal to rezone and reclassify land at 4 Pennant Avenue, Gordon.

B. That the Planning Proposal be submitted to the Department of Planning and Environment in accordance with Section 3.36 of the Environmental Planning and Assessment Act 1979 and the Department of Planning and Environment be requested to make the plan.

C. Delegation be given to the General Manager and Director Strategy and Environment to correct any errors or inconsistencies in the Planning Proposal prior to it being submitted to the Department of Planning and Environment for finalisation.

D. Those persons who made a submission be notified of Councils decision

E. That a site-specific Development Control Plan be prepared for the subject site based on the site-specific controls contained in the Section 3.8 of the Urban Design Study (Attachment A8)

Angela Smidmore

Urban Planner

Craig Johnson

Strategic Recreation Planner

Craige Wyse

Team Leader Urban Planning

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1⇩	Gateway Determination - September 2021 and Alteration to the Gateway Determination - June 2022		2021/291183
	A2	Planning Proposal - 4 Pennant Avenue, Gordon	Excluded	2021/301851
	A3	Appendix 1 - Report to Council and Resolution - Ordinary Meeting 8 May 2018	Excluded	2018/235301
	A4	Apendix 2 - OMC 30 June 2020 - Report and Resolution - Review - Conditions on Gateway Determinations for 4 Pennant Avenue, Gordon and 47 Warrane Road, Roseville Chase	Excluded	2021/080029
	A5	Appendix 3 - Stage 1 Preliminary Site Investigation - 4 Pennant Avenue Gordon	Excluded	2018/235304
	A6	Appendix 4 - Stage 2 Detailed Site Investigation - 4 Pennant Avenue, Gordon	Excluded	2018/235306
	A7	Appendix 5 - Title Information	Excluded	2018/235309
	A8	Appendix 6 - Urban Design Study Studio GL	Excluded	2021/085721
	A9	Appendix 7 - Gordon Traffic and Transport Study Report by SMEC	Excluded	2021/091234
	A10	Appendix 8 - Heritage Report Gordon Bowling Club	Excluded	2021/083814
	A11	Appendix 9 - Gordon Flood Impact Assessment Report	Excluded	2021/081883
	A12	Appendix 10 - Remedial Action Plan - 4 Pennant Avenue, Gordon - Alliance Geotechnical	Excluded	2021/080527
	A13 ⇩	Submission Summary Table		2022/183803
	A14 ⇩	State Agency Submission Summary Table - Planning Proposal 4 Pennant Avenue, Gordon		2021/343499
	A15 ⇩	Combined State Agency Submissions - Planning Proposal 4 Pennant Avenue, Gordon		2022/054734
	A16 ⇩	Independent Chairpersons Report for the Public Hearing 24 February 2022		2022/112329
	A17 ⇩	4 Pennant Avenue - Active Recreation Options		2022/191030
	A18	Legal advice - Independent consultant recommendation		Confidential

Ordinary Meeting of Council - 26 July 2022	GB.18 / 1

Item GB.18	S04553/18
	30 June 2022

Environmental Levy Grant Program -
Round 24

EXECUTIVE SUMMARY

purpose of report:	To seek Council’s endorsement to fund round twenty-four (24) of the Environmental Levy grants program.

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

comments:	Nineteen (19) applications totalling $61,834.84 were received under round twenty-four (24) of the Environmental Levy grants program. Of these, the Environmental Levy grants assessment panel recommends funding or part funding eighteen (18) projects, totalling $50,607.00.

recommendation:	That Council endorses the recommendations of the Environmental Levy Grants Assessment Panel to fund eighteen (18) projects, totalling $50,607.00 under round twenty-four (24) of the Environmental Levy grants program.

Purpose of Report

To seek Council’s endorsement to fund round twenty-four (24) of the Environmental Levy grants program.

Background

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

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

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

· increase community action that benefits the natural environment;

· improve the condition of bushland or the conservation of native flora and fauna;

· effectively engage the community in improved waste reduction, reuse and recycling.

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

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

Round	Number of successful applications	Funding allocation
Round 1	3	$12,500
Round 2	12	$52,249
Round 3	9	$36,982
Round 4	9	$40,000
Round 5	10	$39,576
Round 6	11	$39,724
Round 7	10	$33,102
Round 8	11	$40,636
Round 9	12	$40,069
Round 10	7	$40,343
Round 11	11	$46,174
Round 12	10	$45,276
Round 13	13	$40,068
Round 14	15	$43,357
Round 15	15	$50,278
Round 16	15	$49,902
Round 17	14	$41,779
Round 18	16	$47,654
Round 19	14	$46,700
Round 20	14	$47,637
Round 21	24	$59,999
Round 22	14	$54,954
Round 23	16	$50,102
Round 24	18	$50,607
TOTAL	284	$999,060

Table 1: Summary of funding through Environmental Levy grants program

Comments

Round twenty-four (24) of the Environmental Levy grants program was promoted through, Chinese news media, Council’s sustainability e-news and across social media. Additionally, electronic promotion was conducted through Council’s website and Council’s environmental email distribution lists.

The budget for round twenty-four (24) of the grants program is $50,000. Applications were assessed against the criteria by the assessment panel. Applicants needed to demonstrate how their project:

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

· partners with local groups/people to achieve its’ goals; and

· can effectively meet its objectives.

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

Applicant	Project	Recommended funding exc GST
Kimo Bushcare Group	Improve & maintain condition of site following 2021 ecological burn.	$2912
Roseville Public School	Bee Inspired! Create native pollinator garden – Install Bee Hive & plant native plants	$500
Sydney Grammar	Save the Bees! Install Bee Hotel & plant native plants	$500
St Ives High School	Plant edible garden install honey collector hive	$3,500
St Ives Towards Sustainability Inc	Promoting environmental protection, recycling, and safe disposal of rubbish,	$500
Northside Montessori School	Planet Pens – recycle plastic into pens	$3,000
St Ives Pre school	Stage 2 - Bee Hotel and Native plants	$500
WildThings NSW	Plant habitat for small birds and insects	$4,970
Bicentennial Park Bushcare group	Restore degraded areas of STIF vegetation by removing smothering vines	$9,000
Hampshire Ave Bushcare group	Restoration of bushland along Quarry Creek	$5,000
Abbotsleigh School -	Improve waste management through three means: composting, recycling, and Return and Earn.	$1,500
Wahroonga Adventist School	Native Garden plus native bee hive to create pollinating gardens to support the teaching and learning of sustainable food production.	$500
St. Ives North Public School -	Edible garden with self-watering raised beds that combine traditional rotating crops and native plants	$4942
Our Lady of Perpetual Succour Primary School	New Native Bee Hive	$500
Goodstart Early Learning Centre	Establish a pollinator & edible garden. plant fruit trees, vegetables and native plants in garden beds and pots.	$1690
Tracey Russell	Re-examine the incidence of roadkill in the Ku-ring-gai monitoring major roads within the Council area	$5,000
Killara Park Bushcare	Bush Regeneration STIF and educational signage about importance of the area.	$5,283
Beaumont Road Public School	Reducing food waste and creating education opportunities by creating awareness about waste reduction.	$810
TOTAL		$50,607

Table 2: Summary of successful applications – Round 24 of Environmental Levy grants program

INTEGRATED PLANNING AND REPORTING

Natural Environment

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

Increased community action that benefits the environment

Deliver environmental resources and programs for residents

Governance Matters

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

Risk Management

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

Financial Considerations

The Environmental Levy has allocated the budget for round twenty-four (24) of the Environmental Levy grants program.

Social Considerations

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

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

Environmental Considerations

Round twenty-four (24) funding has been allocated to enable activities such as bush regeneration, habitat creation and sustainability projects at local schools. A number of outstanding applications were received which will help promote a greater appreciation and understanding of the natural environment within the Ku-ring-gai Local Government Area (LGA).

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

Community Consultation

The panel for round twenty-four (24) included 3 community members and 2 Council staff members. The panel met to review the proposals and rank them against the evaluation criteria.

Internal Consultation

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

Summary

This report seeks Council’s support to fund round twenty-four (24) of the Environmental Levy grants program.

nineteen (19) applications were received under round twenty-four (24) of the program. The Environmental Levy grants assessment panel recommends funding eighteen (18) projects, totalling, $50,607 as outlined in this report.

Recommendation:

That Council endorse the recommendations of the Environmental Levy Grants Assessment Panel to fund eighteen (18) projects under round twenty-four (24) of the Environmental Levy grants program, totalling $50,607.

Lindy Williams

Environmental Volunteering Programs Coordinator

Sophia Findlay

Manager Environment & Sustainability

Andrew Watson

Director Strategy & Environment

Attachments:

A1⇩

Summary of the assessment panel review

2022/185890

Ordinary Meeting of Council - 26 July 2022	GB.20 / 1

Item GB.20	S13801

26 July

Proposed Heritage Listing - Headfort House, Stanhope Road, Killara

EXECUTIVE SUMMARY

purpose of report:	For Council to consider commencing the process to list Headfort House, Stanhope Road, Killara as a heritage item under Schedule 5 of the KLEP 2015.

background:	Council requested heritage listing of Headfort House as part of the Planning Proposal application for 92-94 Stanhope Road (Lourdes Retirement Village). Both the February 2018 and the 2022 Planning Proposals, seeking significant uplift on the land, have not included the listing.

comments:	The heritage report which accompanies the current Planning Proposal provides sufficient evidence that Headfort House and its garden setting meets the NSW Heritage Criteria for listing. In the absence of a proponent-led listing, it is proposed that Council prepare and progress its own Planning Proposal for the listing. Listing of Headfort House provides the only mechanism to enforce its retention and conservation and apply enforcement for compliance particularly in the context of any future development of the site. Progressing the listing Planning Proposal is essential to enable its exhibition in close timing with the proponent-led rezoning proposal for the site, and justified heritage protection alongside other planning controls for the site’s future development at the appropriate Planning Proposal stage.

recommendation:	That Council prepares a Planning Proposal to heritage list Headfort House, Stanhope Road, Killara and its curtilage including preparation of a heritage assessment and/or inventory based on the proponent’s heritage report. That the Planning Proposal be forwarded to the Department for Gateway Determination and exhibited in accordance with any Gateway issued. That, if in the meantime there is any threat of harm to Headfort House , Council make an IHO to protect the site from harm until a Planning Proposal can be progressed to Gateway Determination.

Purpose of Report

For Council to consider commencing the process to list Headfort House, Stanhope Road, Killara as a heritage item under Schedule 5 of the KLEP 2015.

Background

The heritage value of Headfort House was brought to Council’s attention during 2016 -2018 with the submission of a Planning Proposal seeking substantial changes to zoning, height and FSR standards on the Lourdes Retirement Village site at 95-97 Stanhope Road, Killara.

The Planning Proposal sought to facilitate the redevelopment of the site and significantly increase the number of seniors housing units on the site within apartment blocks.

A pre-Planning Proposal meeting was held on 7 December 2016 where Council’s pre-lodgement recommendation was to include the heritage listing of Headfort House in their Planning Proposal The circulated minutes of that meeting noted the following:

The applicants have identified the chapel (original house) and the grotto located on the site as having heritage significance, however, neither is statutorily recognised. As such their heritage values are not protected under Council’s Local Environmental Plan. The applicants are proposing to prepare a conservation management plan to protect the identified heritage values of the chapel and the grotto (relocated) however without a statutory listing the recommendations of this document cannot be enforced. To ensure greater certainty, consideration should be given to the local heritage listing of the chapel and its curtilage as part of the Planning Proposal.

The proponent did not include the recommended listing of Headfort House in their Planning Proposal submitted on 2 February 2018.

The 2018 Planning Proposal included a Heritage Significance Assessment for Headfort House by GML Heritage (Attachment A1).

The GML Heritage assessment found that Headfort House (former Headfort School building) in its garden setting is of local heritage significance to Ku-ring-gai.

On 22 May 2018 Council refused to progress the Planning Proposal due to multiple issues including impacts on heritage value, bushfire and evacuation risk, access to public transport and services, interface impacts on adjacent dwellings and bushland.

The 22 May 2018 report to Council included a call to heritage list Headfort House and give consideration to heritage values in any future Planning Proposal as follows:

Ø Given its significance, Headfort House and its immediate curtilage should be listed as local heritage item on Ku-ring-gai’s Local Environmental Plan (2015) and that any future Planning Proposal for 95 Stanhope Road Killara include this local heritage listing.

Ø As a potential Heritage Item the proposed building height of 22m (6 storey) immediately adjacent to Headfort House is considered excessive. It is recommended the building height in the vicinity of the potential Heritage Item be limited to the existing ridge-height of the historic portion of Headfort House.

Ø The new/relocated grotto should not present as a wall to the street, nor with a carport-like structure in the front garden as currently implied by the Urban Design Study. The visual curtilage to Headfort House from the street should be retained and enhanced to respect its significance and also to ensure consistency with the predominant residential character of Stanhope Road and the adjacent HCA, of houses fronting the street within quality landscaped garden settings.

Ø Any proposal for this site would be required to restrict the building heights on the site to below the canopy so regional vistas of the bush items and conservation areas are not interrupted by new built elements, and to enable new landscaping to provide and improve the tree canopy on the site itself.

Following Council’s refusal, the applicant applied for a Rezoning Review with the Sydney North Planning Panel to contest Council’s decision. On 7 November 2018 the Sydney North Planning Panel decided in favour of the applicant enabling the proposal to be submitted to the Department of Planning and Environment for a Gateway Determination subject to amendments. Council declined to take the role of Responsible Planning Authority (RPA) for a revised Planning Proposal. The RPA function now sits with the Department of Planning and Environment (DPE).

On 10 May 2022 the Department of Planning and Environment (DPE) issued a Gateway Determination (Attachment A2) enabling the exhibition of the revised Planning Proposal, pending further information as stipulated in the Determination.

The 2022 revised Planning Proposal for 95-97 Stanhope Street, Killara has not yet commenced public exhibition under the issued Gateway Determination however some documentation is visible on the DPE planning portal.

The 2022 revised Planning Proposal has again not included the heritage listing of Headfort House in its amendment to the Ku-ring-gai Local Environmental Plan 2015.

Comments

The proposal to heritage list Headfort House is based on the proponent’s Heritage Significance Assessment for Headfort House by GML Heritage (Attachment A1) that has been submitted with both the 2018 and the 2022 Planning Proposals.

The following letters have also been considered in this potential listing: Response to Draft Urban Design Study - GML Heritage 2017 and Heritage Impact Statement – URBIS 2021, noting that these letters are more relevant to and focused on the Planning Proposal for site redevelopment rather than a proposed listing of Headfort House.

Headfort House

Headfort House is located on the north-west corner of the Lourdes site. The former house, now Chapel, is a two storey Federation Arts and Craft style building that has undergone known modifications for its adaptive reuse. The house importantly has historical significance as it was purpose built c1918 as a boys’ school known at this time as Headfort School.

Photograph of Headfort House c. 1921.

The extant building is circled in red.

Photo Source: GML Heritage: Headfort House – 95 Stanhope Road, Killara – Heritage Significance Assessment May 2017.

Photograph of Headfort House taken March 2018.

Architectural details of the Arts and Craft building still present on the entrance façade.

Photograph of Headfort House taken March 2018.

Infilled windows apparent on the first floor.

Assessment against the NSW Heritage Criteria

A Heritage Significance Assessment (Attachment A1) for Headfort House was prepared by GML Heritage and submitted with both the 2018 and 2022 Planning Proposals to enable significant uplift on the site of the Lourdes Retirement Village.

The statement of significance for Headfort House included in the Heritage Significance Assessment states:

Headfort House has significance at a local level. Headfort House has historical significance as it is evidence of the early Twentieth-Century growth and development of the suburb of Killara and the resultant need for schools in the area. It has further historical significant for its use by the Australian Women’s Army Service (AWAS) for training during WWII, and for its later use as a tuberculosis hospital. Headfort House is associated with the reverend Robert Thomas Wade, a prominent educator, ichthyologist and palaeontologist who was the founding headmaster of the Headfort School. The building also has potential social significance for its association with the AWAS, patients and staff of Lourdes Hospital, and for its importance to the Ku-ring-gai community’s sense of place.

GML Heritage found Headfort House to have cultural significance to Ku-ring-gai based on three heritage criteria:

NSW Heritage Criteria – achieved for heritage listing
1	Historical significance	· as evidence of the growth of Killara and its development from rural area to residential suburb; as evidence of the effect of WWII on the local area (use by AWAS in the 1940s); and as a tuberculosis hospital.
2	Historical association	· building is associated with the prominent educator Thomas Wade who was the founding headmaster of Headfort House.
3	Social significance	· to the AWAS, patients and staff of Lourdes hospital, and importance to Ku-ring-gai’s sense of place

Only one NSW Heritage Council criteria of local heritage significance is required to meet the NSW Heritage Council threshold for local heritage listing, as set out in the guideline ‘Assessing Heritage Significance’.

For exhibition, Council will produce a heritage assessment or inventory that will review and take into account the GML assessment and further investigation under the NSW Heritage Council criteria. This will confirm or determine the appropriate significance assessment, criteria and listing curtilage for the building and its setting in line with NSW Heritage Council guidelines.

Considerations

The current 2022 Planning Proposal has not included the heritage listing of Headfort House as per Council’s previous indications to the proponent, rather it seeks to justify future impacts.

The proposed heritage listing, subject of this Council Report, is based on the publicly available GML heritage assessment prepared by the proponent and submitted with their previous (2018) and current (2022) Planning Proposal to amend standards to facilitate further development uplift at this property.

The proponent’s GML heritage assessment demonstrates Headfort House meets the NSW Heritage Council threshold for listing as a heritage item on Ku-ring-gai Local Environmental Plan 2015. It concludes this building satisfies at least one NSW Heritage Council criteria of local heritage significance (in fact it satisfies three criteria).

Although the proponent’s GML heritage assessment identifies the chapel (original house) building in its garden setting and the grotto located on the site as having heritage significance, there is no statutory recognition of the significance. This means the heritage values are not protected under Council’s Local Environmental Plan. As such, the GML and Urbis Planning Proposal recommendation to prepare or subsequent requirement to uphold a conservation management plan to protect the identified heritage values of the chapel and the grotto (relocated), cannot be compelled nor enforced in the absence of statutory listing.

Appropriate listing and curtilage for Headfort House must be determined before any development application stage. The development application stage is too late to establish appropriate planning controls, associated building locations and envelopes to respect the significance and setting of this potential heritage item.

Preparation of heritage related Development Controls

The proponent’s 2022 Planning Proposal includes a site specific Development Control Plan (DCP) to guide future development at 92-94 Stanhope Rd, Killara. This DCP is based on the proponent’s urban design study; however, it omits any reference to Headfort House and makes no reference to adjacent heritage items and conservation area.

The preparation of site specific development controls to conserve Headfort House, its setting, and other assessed heritage values are important to appropriately manage this identified issue in the planning instruments. These controls would ensure appropriate consideration is given to heritage significance during any future development application. Council’s future submission on the proponent’s planning proposal will emphasise the need for and importance of heritage related site specific DCP controls.

Interim Heritage Order Delegation

For unlisted places of potential heritage significance at risk, Council has delegation under the Heritage Act 1977 to make an interim heritage order (IHO). This is an emergency temporary heritage listing to protect the place while its heritage significance is assessed and permanent listing is proposed. The effect of an interim heritage order is the same as heritage item listing for up to 6-12 months. The NSW Minister responsible for heritage can also make interim heritage order for this purpose. The subject site may be eligible for this action.

Rather than a reactive interim heritage order, Council’s preference is for the more strategic approach, as proposed, for a listing Planning Proposal. This enables owner and community consultation about listing before listing takes effect, unlike an interim heritage order. This also appropriately identifies heritage issues in the planning instruments ahead of development proposals.

Conclusion

To ensure greater certainty and a genuine approach to the conservation of Headfort House it is proposed that a Planning Proposal be prepared to consider the local heritage listing of Headfort House.

The preparation of the Council-led Planning Proposal will include a heritage assessment and/or inventory, taking into account the proponent’s GML report, and further investigation to confirm or determine the significance assessment and listing curtilage for the building and its setting in line with NSW Heritage Council guidelines.

The listing Planning Proposal is necessary for all planning issues for the subject property, including protection of places with assessed heritage significance, to be adequately considered and determined at the same time as development controls for this site at this appropriate Planning Proposal stage. This fulfils the planning law objectives for orderly development, protecting the environment and sustainable management of heritage.

The recommendation of this Report regarding an Interim Heritage Order is proposed as a safeguard. It will ensure Headfort House and the heritage aspects of 92-94 Stanhope Road can be swiftly protected in the event of any unforeseen action prior to the listing Planning Proposal being considered.

integrated planning and reporting

Theme 3: Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

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

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

Governance Matters

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

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

Under the Ministerial Direction Local Planning Panels Direction – Planning Proposals and the delegations granted to the General Manager, this matter will not be referred to the Ku-ring- gai Local Planning Panel for advice on the basis that the Planning Proposal relates to a local heritage listing and will not have any significant adverse impact on the environment or adjoining land.

Risk Management

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

Financial Considerations

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

Social Considerations

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

Environmental Considerations

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

Community Consultation

If the matter proceeds to gateway determination and formal public exhibition, community consultation with be conducted in accordance with the requirements of the Gateway Determination.

Internal Consultation

Extensive consultation with relevant Departments of Council has taken place regarding the Planning Proposal for the site and its impacts including on heritage issues.

Summary

A preliminary heritage assessment, based on proponent’s GML heritage assessment, has concluded that Headfort House meets the threshold for listing as a local heritage item on Schedule 5 of the Ku-ring-gai Local Environmental Plan 2015. Preparation and submission of a listing Planning Proposal will enable timely identification of the heritage issues prior to any proposed redevelopment of the site.

Recommendation:

A. That Council prepares a Planning Proposal to amend KLEP 2015 to include Headfort House, Stanhope Road, Killara and its setting as a proposed heritage item in Schedule 5 and on the Heritage Map.

B. That Council prepares a heritage assessment and/or inventory, taking into account the existing GML heritage report and further investigation, to confirm or determine the significance assessment and listing curtilage for the building and its setting in line with NSW Heritage Council guidelines.

C. That the Planning Proposal be forwarded to the Department of Planning and Environment for Gateway Determination and exhibited in accordance with any Gateway issued.

D. That, if in the meantime, there is any threat of harm to the potential heritage significance of the house and setting of the property known as Headfort House, at Stanhope Road, Killara, Council make an Interim Heritage Order, using its delegation under the Heritage Act 1977, to protect the site until a Planning Proposal can be progressed to Gateway Determination.

Rathna Rana

Senior Urban Planner

Claudine Loffi

Heritage Specialist Planner

Craige Wyse

Team Leader Urban Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1⇩	Heritage significance assessment for Headfort House by GML Heritage		2018/129334
	A2⇩	Department of Planning and Environment gateway determination		2022/170273

Ordinary Meeting of Council - 26 July 2022	GB.2 / 1

Item GB.2	CY00458/10

Ordinary Meeting of Council - 26 July 2022	GB.3 / 1

Item GB.3	CY00578/5

Ordinary Meeting of Council - 26 July 2022	GB.4 / 1

Item GB.4	S02046/15

Attachments:	A1⇩	LGNSW Annual Conference 2022 Draft Program		2022/187793
	A2⇩	LGNSW Annual Conference 2022 Motion Submissions Guide		2022/187737

Ordinary Meeting of Council - 26 July 2022	GB.5 / 1

Item GB.5	FY00623/5
	7 July 2022

Ordinary Meeting of Council - 26 July 2022	GB.6 / 1

Item GB.6	MOD0035/22

Ordinary Meeting of Council - 26 July 2022	GB.7 / 1

Item GB.7	FY00621/5

Ordinary Meeting of Council - 26 July 2022	GB.8 / 1

Item GB.8	S02135

Attachments:	A1	Park Bench Installation - Attachment 1		Confidential
	A2	Park Bench Installation - Attachment 2		Confidential

Ordinary Meeting of Council - 26 July 2022	GB.9 / 1

Item GB.9	RFT12-2022/R

Attachments:	A1	RFT12-2022 List of Submitters		Confidential
	A2	RFT12-2022 Gordon Tennis Pavilion and Gateway Structure Restoration - Tender Evaluation Report		Confidential

Ordinary Meeting of Council - 26 July 2022	GB.10 / 1

Item GB.10	CY00413/10

Attachments:	A1⇩	Heritage Reference Comittee meeting minutes of 7 April 2022		2022/097915
	A2⇩	2022-23 Heritage Home Grants Guideline		2022/074144

Ordinary Meeting of Council - 26 July 2022	GB.16 / 1

Item GB.16	S11080

Attachments:	A1⇩	Heritage Home Grants guideline		2021/187637
	A2⇩	Heritage Home Grants 2022 - Summary of works, recommended funding & conditions		2022/177023

Ordinary Meeting of Council - 26 July 2022	GB.19 / 1

Item GB.19	S13761

Ordinary Meeting of Council - 26 July 2022	NM.1 / 1

Item NM.1	CY00368/12

Ordinary Meeting of Council - 26 July 2022	NM.2 / 1

Item NM.2	S02119

Ordinary Meeting of Council - 26 July 2022	NM.3 / 1

Item NM.3	S13637

Ordinary Meeting of Council - 26 July 2022	NM.4 / 1

Item NM.4	S02294

Ordinary Meeting of Council - 26 July 2022	QN.1 / 1

Item QN.1	S13191