Agenda of Ordinary Meeting of Council - Tuesday, 15 August 2023

Ordinary Meeting of Council

TO BE HELD ON Tuesday, 15 August 2023 AT 7:00PM

Level 3, Council Chamber

Agenda

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

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

The Livestream can be viewed here:

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

Disclaimer: All Ku-ring-gai Council Ordinary Meetings of Council are livestreamed for on-demand viewing on the 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 and attachments 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: Preliminary Heritage Assessment July 2023

C.2 Acquisition of Land at Gordon

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

Attachment 1: Valuation by NBV 23 St Johns Ave Gordon

C.3 Contract of Employment - General Manager

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

Attachment 1: Contract of Employment - General Manager

Attachment 2: Memorandum dated 14 July 2023

C.4 General Manager's Performance Review for 2022/23

In accordance with 10A(2)(a)

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.10 Review of the HOA - Ku-ring-gai High School Joint Use Project

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

Attachment 1: Draft Scope of Works

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

Attachment 2: Value Engineering Identification

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

Attachment 3: Heads of Agreement - Joint Use - Ku-ring-gai Council and NSBHA

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

Attachment 4: Minter Ellison Draft Risk Review

CONFIRMATION OF MINUTEs

Minutes of Ordinary Meeting of Council 16

File: EM00041/11

Meeting held 25 July 2023

Minutes numbered 92 to 112

minutes from the Mayor

MM.1 Freedom of Entry to Ku-ring-gai 37

File: CY00817

In accordance with military law and tradition, cities can grant the right to Freedom of Entry to military units, authorising them to freely march through the streets to mark ceremonial occasions with swords drawn, bayonets fixed, drums beating, bands playing and ensign flying.

The honour of the Freedom of Entry became popular during the nineteenth century and draws inspiration from medieval history. A Freedom of Entry is the highest civic honour a city may bestow on the Australian Defence Force and is celebrated with a ceremonial parade through the city streets. It is restricted to Australian military units which have, through their command, a significant attachment to the city.

Introduced in Australia in 1958, the military freedom of the city is an entirely ceremonial honour but remains the oldest and one of the highest civic honours bestowed by the elected citizens of a city, town or regional area on a military unit within the Commonwealth of Nations.

Freedom of Entry is a formal ceremonial event involving a parade and the ceremonial handing over of a scroll or similar to signify the bestowing of freedom of the City. It also includes a challenge by the NSW Police Service.

In the last 12 months Army Freedom of Entry ceremonies have been held nationally in:

- Singleton NSW

- Ingham, Queensland

- Townsville, Queensland

- Darwin, Northern Territory and

- Perth, Western Australia

2nd/17th Battalion Ku-ring-gai Freedom of Entry Invitation

Lieutenant Colonel Andrew Kfoury of The 2nd/17th Battalion NSW Regiment, a reserve infantry of the Australian Army based in Pymble Barracks has proposed to host a Freedom of Entry on November 18th at 2pm at the St Ives Village Green, Cowan Rd and Village Green Parade.

The honour of Freedom of Entry has previously been bestowed in Ku-ring-gai.

2023 Freedom of Entry Ku-ring-gai Route

The 2nd/ 17th Battalion will be dropped off next to William Cowan Oval and form up on Cowan Road. The unit will be split into two guards of approximately 50 members each. The Colours will march on and the parade will move down Cowan Road and along Village Green Parade. The parade will march along Village Green Parade in column, marching towards Memorial Avenue where the NSW Police will be waiting to give the Challenge, briefly halting for a special challenge to their right of entry. NSW Police will formally grant permission to enter before the procession continues onto St Ives Village Green where the Mayor will inspect the troops. The parade will face east towards Memorial Avenue and the existing flag pole at St Ives Village Green. The parade will then wait for the arrival of the Host Officer, Principal Official Guest and Mayor of Ku-ring-gai. The Mayor will then inspect the Parade. The parade will march along Village Green Parade in column, marching towards Cowan Road, here they will halt, the Colours will then be marched off and the Parade will disperse.

Defence Support

The Commanding Officer of the 2^nd/17^th Battalion NSW Regiment proposes that the following level of financial support could be provided:

Event Delivery	Cost
Wages for military participants	$48,000
Army media/ public affairs	in-kind
Bush hire	in-kind
Civic reception, venue and catering	$ 1,000
Evening function, venue and catering	$ 2,000
First aid during parade	$ 1,000
Wages for work parties for St Ives Village Green	$ 1,000
Defence Funding Support	$53,000

Council Support

The 2^nd/17^th Battalion are seeking support from Council for the event delivery in partnership with Council and associated event operational/promotional costs:

Event Delivery	Cost
Event Infrastructure	$ 5,300
Traffic Management	$12,000
Marketing	in-kind
Security	$ 500
Venue hire St Ives Village Green	in-kind
Council Funding Support	$17,800

The 2/17 RNSWR has advised if Council is able to provide support funding of $17,800, the unit will then seek approval from their superior headquarters before detailed planning and event expenditure can commence. Staff have advised that funding for the event would be required through a budget variation in the Quarterly Budget review as the existing Community Events budget is fully allocated.

The granting or exercising of Freedom of Entry to the City will enable Council to honour a distinguished unit of the armed forces and strengthen the ties between citizens and servicemen and women.

Recommendation:

That Council affirm its support for the granting of Freedom of Entry to the 2nd/17th Battalion NSW Regiment, subject to confirmation of Defence funding for the event.

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 Ku-Ring-Gai Community Grants Program 2023 42

File: FY00432/14

To advise Council of applications received for the 2023 Ku-ring-gai Council Community Grants Program, and to recommend funding allocations to community and cultural groups.

Recommendation:

That Council approve the recommendations in this report for funding of $93,301 for community and cultural groups.

GB.2 Local Government NSW Annual Conference 2023 - Registration, Voting Delegates and Call for Motions 152

File: EM00041/11

To advise Council that registrations are now open for the Local Government NSW (LGNSW) Annual Conference 2023, 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 1 September 2023.

B. Other Councillors interested in attending to notify the General Manager by 1 September 2023.

C. Councillors approve the two motions proposed in this report.

D. Councillors to provide any additional proposed motions for submission to the General Manager by 1 September 2023.

E. A report providing details of any proposed motions be referred to Council at its meeting on 19 September 2023 for approval prior to submission to LGNSW.

GB.3 Delivery Program 2022-2026 and Operational Plan 2022-2023: June 2023 Biannual Report 174

File: FY00382/15

To report to Council on the progress of the Delivery Program 2022-2026 and Operational Plan 2022-2023, for the period January to June 2023.

Recommendation:

That the six month progress review of the Delivery -Program 2022-2026 and Operational Plan 2022-2023 be received and noted.

GB.4 Minutes of Audit, Risk & Improvement Committee Meeting held on 15 June 2023 309

File: EM00041/11

To provide Council with the Minutes from the Audit, Risk & Improvement Committee meeting held on 15 June 2023 for adoption.

Recommendation:

That the Minutes from the Audit, Risk & Improvement Committee meetings held on 15 June 2023 be adopted.

GB.5 Carried Forward Projects Expenditure - 2022/23 318

File: S09112/12

To seek endorsement from Council to carry forward the attached list of 2022/23 projects into the current financial year.

Recommendation:

That Council approve the attached list of 2022/23 carried forward projects into the current financial year.

GB.6 Analysis of Land and Environment Court Costs - 4th Quarter 2022 to 2023 333

File: FY00623/6

To report legal costs in relation to development control matters in the Land and Environment Court for the quarter ended 30 June 2023.

Recommendation:

That the analysis of Land and Environment Court costs for the year ended 30 June 2023 be received and noted.

GB.7 Investment Report as at 28 July 2023 350

File: FY00623/6

To present Council’s investment portfolio performance for July 2023.

Recommendation:

That the summary of investments performance for July 2023 be received and noted; and that the Certificate of the Responsible Accounting Officer be noted and the report adopted.

GB.8 Hard to recycle waste collection 357

File: S10762

To advise Council of a new recycling service for hard to recycle materials.

Recommendation:

This report is received and noted. A follow-up report will be presented to the Council upon the trial's completion.

GB.9 Social Impact Assessment Policy
Review and Update 361

File: S14166

For Council to endorse the updated draft Ku-ring-gai Council Social Impact Assessment Policy for public exhibition.

Recommendation:

That Council endorse the updated draft Ku-ring-gai Council Social Impact Assessment Policy (Version 2) for public exhibition.

GB.10 Review of the HOA - Ku-ring-gai High School Joint Use Project 385

File: S13203

To update Council on the status of works at Ku-ring-gai High School (KHS) as part of the proposed tripartite project for the replacement of the synthetic pitch, upgraded lighting and amenities, and car parking.

Recommendation:

That Council receive and note this report on the status of works at KHS as part of the proposed tripartite project for the replacement of the existing synthetic pitch, upgraded lighting and amenities, and car parking and note that a further report on the draft Heads of Agreement will be presented to Council’s Ordinary meeting in October.

GB.11 The Glade, Wahroonga - Amenities Building Relocation 392

File: S13590

To seek Council’s endorsement of the proposed relocation of the amenities building at The Glade, Wahroonga.

Recommendation:

That Council endorse the proposed location for a new amenities building, as described in this report, on the eastern side of the oval at The Glade, Wahroonga

GB.12 Lindfield Soldiers Memorial Park - Proposed Joint Venture for Clubhouse Renovation 399

File: S14241-3

To consider a proposal from the Lindfield Rugby Club Inc., the Lindfield Juniors Rugby Club Inc., and the Lindfield District Cricket Club Inc. (the Clubs) to renovate the existing Clubhouse at Soldiers Memorial Park, Tryon Road, East Lindfield.

Recommendation:

That Council supports in-principle the proposal from the Clubs to renovate the existing Clubhouse at Soldiers Memorial Park, East Lindfield, as broadly documented in plans and specifications attached to this report.

GB.13 Sustainable Recreation Advisory Group Minutes - 27 June 2023 474

File: S13163

That Council receive and note the minutes from the Sustainable Recreation Advisory Group (‘SRAG’) meeting held on 27 June 2023 and endorse the recommendations within.

Recommendation:

That Council receive and note the Sustainable Recreation Advisory Group minutes from 27 June 2023 and endorse the recommendations within.

GB.14 Heritage Reference Committee meeting minutes of 20 July 2023 481

File: CY00413/11

To have Council consider the minutes from previous Heritage Reference Committee (‘HRC’) meeting held on 20 July 2023.

Recommendation:

That Council receives and notes the HRC minutes from 20 July 2023.

GB.15 Middle Harbour Northern Catchments Draft Flood Study 486

File: S12747

To place the Draft Middle Harbour – Northern Catchments Flood Study on public exhibition.

Recommendation:

That Council places the Draft Middle Harbour – Northern Catchments Flood Study on public exhibition for a period of 28 days.

Extra Reports Circulated to Meeting

Motions of which due Notice has been given

NM.1 Reforming the Private Certification System 490

File: CY00216/15

Notice of Motion from Councillor Ngai dated 27 July 2023

The NSW government introduced the private certification system in 1998 to streamline development and building approvals. Potential developments within a certain threshold were no longer required to be assessed by local government, rather, developers were now allowed to select a private certifier of their choice to review and approve developments plans then issue a Complying Development Certificate (CDC).

One benefit of private certification is that it speeds up the development process and reduces compliance costs by bypassing resourcing bottlenecks experienced by local government. However, the private certification system also brings its own disadvantages.

An issue raised by residents is the questionable neutrality of private certifiers when they are cherry picked by the developer. The perception is that some private certifiers will work for the benefit of the one who pays them, and this may result in non-compliant certification whether it be issues tied to overlooking structural integrity, breaches of the allowed bulk and scale of the development, the incursion of private property boundaries, or other clear breaches of development controls. Private certifiers may even be reprimanded and fined multiple times, yet not have their accreditation affected.

Local Government has no ability to invalidate a CDC issued by a private certifier. The only lawful means of invalidating a CDC is by way of Class 4 injunctive proceedings in the NSW Land and Environment Court, which is an expensive and drawn-out process. By the time of hearing a Class 4 proceeding, the amount of time that has elapsed can lead to a discretion being exercised by the judge in favour of declining relief due to the potential damage that would be suffered by persons who have relied on the validity of the certificate. It is therefore desirable that any defective certificates be weeded from the system quickly.

Another issue linked to the private certification system is the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 which allows developers to build beyond the Local Environment Plan’s development controls. However, given the financial and labour resourcing constraints faced by the local government sector, I do not propose to reverse this aspect at this point in time.

On 24 July 2023, Local Government NSW invited its member councils to submit policy motions to the November Annual Conference, with motions to be submitted by Friday 15 September 2023.

I move that:

A. Council prepares a motion to LGNSW for inclusion in the Conference’s business paper, seeking:

a. Changes to the way in which private certifiers are appointed. Instead of allowing the develop to handpick their private certifier, the developer must pick one from a randomised pool.

b. That as a timely, efficient and cheaper means of invalidating improperly issued certificates, councils should be given the administrative power to declare a certificate issued by a private certifier as invalid. A right of review of such decisions could be effectively exercised by the NSW Civil and Administrative Tribunal (NCAT), with court proceedings limited to judicial review of legal error.

Recommendation:

That the above Notice of Motion as printed be adopted.

NM.2 Heads of Agreement - Northern Suburbs Football Association and Ku-ring-gai Council 492

File: S13678-1

Notice of Motion from Councillor Spencer dated 28 July 2023

At the Ordinary meeting of Council on 25 July 2023 the following was resolved with respect to Item GB.6 Heads of Agreement - Northern Suburbs Football Association and Ku-ring-gai Council:

Moved: Councillors Smith/Wheatley

A. If Council accepts the risks, costs, and benefits associated with the project and the terms of the draft Heads of Agreement as presented, Council resolves to endorse the Heads of Agreement based on approved DA plans (DA0484/21) for construction of a new grandstand with café, change rooms, offices, treatment rooms, corporate and media facilities at the existing sports ground as the basis for finalising transaction documents for the project.

B. That Council note that this proposal is not driven by financial outcomes, but rather the economic, social, and environmental value offered to the community, including the health benefits for players through increased activity and recreational outcomes. Further, that from a strictly financial perspective, the project may not be financially feasible.

C. That Council note that except for possible carry forwards from the 2022/2023 financial year (which are yet to be considered by Council), there is no budget allocation for any work on this project in the 2023/2024 annual budget.

D. That Council advise NSFA that all capital costs, operating costs, and lifecycle costs (beyond preparation of a Heads of Agreement) will be borne by NSFA and that transaction documents associated with this project will be drafted accordingly.

E. That Council note that finalisation of transaction documents associated with the project will be referred to Council for endorsement prior to execution.

F. Council authorises the Mayor and General Manager to execute the Heads of Agreement on behalf of Council and to make minor/inconsequential changes if required in order to protect Council’s interests.

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

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

I am concerned that this resolution may not be in the best interests of the local residents, the residents of Ku-ring-gai, and further, that it exposes Council to considerable risks of cost overruns and ongoing maintenance and operational costs.

In an email to Councillors of 19 July 2023 the CEO of NSFA conceded:

“The QS estimate from mbm received in August 2022 came in at $5.5m. The recent QS estimate that Ku-ring-gai Council has commissioned from BSM Group is $7.758m which we believe is overly conservative. We expect the updated QS – to be commissioned in coming weeks once design gets to 70%-80% completion – to come in below the BSM quote.”

I note that Council commissioned a review of NSFA’s costings presumably to look after the best interests of the community. It is supposed to be “conservative”. The community wants to know whether at this early stage in the design process is a cost difference of more than $2 million really in the best interests of the community.

In the very same email, the CEO of NSFA advised, in response to questions from Councillor G. Taylor about the suitability of North Sydney Oval as an alternative home for NSFA, stated that “Football NSW does not permit matches on grounds with cricket pitches for NPL competitions”.

This is a very disturbing new revelation. The community wants to know whether this Council was ever advised that NPL competitions, which were played in other locations, and appear to be generally played on fields which are fenced from general community use, were to be played at NTRA. The community asks this question for one simple reason, was it this Council’s understanding that NTRA would ever be fenced so as to exclude the ordinary residents of Ku-ring-gai from everyday access from a facility they paid for.

The long-term master planning for NTRA never contemplated a facility of the scale and nature proposed by NSFA for their apparent sole use. Redevelopment of NTRA was a multi-year project funded from development contributions, general revenue, and a special rate variation levied on all residents of Ku-ring-gai. The project cost some thirty million dollars. It was not funded by individual sporting user groups, and it was not carried out for the benefit of one dominant sporting group. The Northern Suburbs Football Association made no financial contribution to the project.

That implementation of the NSFA proposal for North Turramurra will cement them as the primary users of this site at the expense of all other users for decades to come. This is not the reason Council funded redevelopment of NTRA.

In closing, I am particularly concerned in that we do not believe that either of the two grant applications for which NSFA was ultimately successful in obtaining funds from the NSW Office of Sport had prior consent of Council. On the contrary, there are communications on Council’s records between Council officers and NSFA in both cases advising that Council consent to accompany each application would not be available until the proposal had been considered by Council. This did not occur until February 2023, after both grants had been awarded. This appears to be contrary to the respective grant funding guidelines pertaining to each grant process.

Council needs to be assured that grant funding for this project is not at risk because of the absence of prior owners’ consent from Council for the lodgement of the application.

I, therefore, move:

A. That Council write to the NSW Office of Sport to seek assurance that the grant of $3.6m to NSFA under the Multi-Sport Community Facility Fund 2022/2023 (Round 2) grant program, which did not have owner's consent from Ku-ring gai Council at the time it was lodged, is still available for the project.

B. That Council write to the NSW Office of Sport to seek assurance that the approved grant application to be one which benefits football, is not inconsistent with the key objectives of the Multi-Sport Community Facility Fund being to, among other things, “increase the number and type of multi-sport facilities across NSW”.

Recommendation:

That the above Notice of Motion as printed be adopted.

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

Questions With Notice

InspectionS– SETTING OF TIME, DATE AND RENDEZVOUS

Confidential Business to be dealt with in Closed Meeting

C.1 NSW Heritage Act 1977

File: S14216

In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2021, 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 Team Leader Urban Planning

C.2 Acquisition of Land at Gordon

File: S08177

In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2021, in the opinion of the General Manager, the following business is of a kind as referred to in sections 10A(2)(a) & 10A(2)(c), of the Act, and should be dealt with in a part of the meeting closed to the public.

Section 10A(2)(a) of the Act permits the meeting to be closed to the public for business relating to personnel matters concerning particular individuals (other than Councillors).

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

C.3 Contract of Employment - General Manager

File: CY00254/15

In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2021, in the opinion of the General Manager, the following business is of a kind as referred to in section 10A(2)(a), of the Act, and should be dealt with in a part of the meeting closed to the public.

Section 10A(2)(a) of the Act permits the meeting to be closed to the public for business relating to personnel matters concerning particular individuals (other than Councillors).

Report by Director Corporate

C.4 General Manager's Performance Review for 2022/23

File: CY00254/15

In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2021, in the opinion of the General Manager, the following business is of a kind as referred to in section 10A(2)(a), of the Act, and should be dealt with in a part of the meeting closed to the public.

Section 10A(2)(a) of the Act permits the meeting to be closed to the public for business relating to personnel matters concerning particular individuals (other than Councillors).

Report by Director Corporate.

John McKee

General Manager

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Minute Ku-ring-gai Council Page

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 25 July 2023

Present:

The Mayor, Councillor J Pettett (Chairperson)

Councillor G Taylor (Comenarra Ward)

Councillors S Lennon & B Ward (Gordon Ward)

Councillors S Ngai & A Taylor (Roseville Ward)

Councillors C Kay & M Smith (St Ives Ward)

Councillor C Spencer & K Wheatley (Wahroonga Ward)

Staff Present:

General Manager (John McKee)

Acting Director Community (Virginia Leafe)

Director Corporate (David Marshall)

Director Development & Regulation (Michael Miocic)

Director Operations (George Bounassif)

Director Strategy & Environment (Andrew Watson)

Corporate Lawyer (Jamie Taylor)

Manager Governance and Corporate Strategy (Christopher M Jones)

Governance Support Officer (Nicole Kratochvil)

The Meeting commenced at 7:00PM

The Mayor offered the Prayer

Apologies

File: S02194

The General Manager, Mr John McKee, advised of an apology from the Director Community, Ms Janice Bevan, who is on leave.

Resolved:

That the apologies be accepted and leave of absence granted.

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 Wheatley declared a non-pecuniary, non-significant interest in GB.13 – Draft Planning Agreement – Exhibition Roseville Memorial Club. Councillor Wheatley will leave the Chambers during debate on this item.

Councillor Lennon declared a non-pecuniary interest in GB.1 - Council Sponsorship Applications 2023-2024 due to a personal association with the President of the Marian Street Theatre for Young People.

Councillor Lennon declared a non-pecuniary interest in GB.12 - Reclassification Planning Proposal 261 Mona Vale Rd, St Ives; 1186-1188 Pacific Hwy, Pymble; 1192 Pacific Hwy, Pymble as his father, who was Mayor at the time, was instrumental in leading council to acquire the Town Hall.

Councillor Kay declared a non-significant, non-pecuniary interest in GB.1 - Council Sponsorship Applications 2023-2024 as she is a member of St Ives Rotary was previously a member of the Committee. Councillor Kay will leave the Chambers during debate on this item.

Councillor Kay declared a non-significant, non-pecuniary interest in GB.11 - Environmental Levy Grant Program - Round 25 as she currently is on the Wild Things NSW Committee. Councillor Kay will leave the Chambers during debate on this item.

Cr Ward declared a non-significant, non-pecuniary interest in GB.1 - Council Sponsorship Applications 2023-2024, as she was previously a member of the Board of the Marian Street Theatre for Young People.

Cr A.Taylor declared a non-significant, non-pecuniary interest in GB.1 - Council Sponsorship Applications 2023-2024 as he is the President of Ku-ring-gai Rotary Community Network. Councillor A.Taylor will leave 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:

GB.1 Memo to Councillors, General Manager, Directors, Manager Corporate Communications and Manager Governance & Corporate Strategy from Director Community dated 19 July 2023 Re: Council Sponsorship
Applications 2023-2024

GB.2 Memo to Councillors, General Manager and Directors from Manager Governance & Corporate Strategy Re: GB.2 Review of Ward Boundaries - Clarification

- Memo to Councillors, General Manager and Directors from Manager Governance & Corporate Strategy Re: Correction to Minutes of Ordinary Meeting of Council 20 June 2023

- Updated Disclosure of Interest Returns form -

Councillor Alec Taylor dated 18 June 2023

9394

CONFIRMATION OF ATTACHMENTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/9

Resolved:

(Moved: Councillors Kay/Lennon)

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.1 Council Sponsorship Applications 2023-2024

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

· Attachment 1: Wahroonga Village Fair Sponsorship

· Attachment 2: Wahroonga Food & Wine Festival Sponsorship

· Attachment 3: Bobbin Head Cycle Classic Sponsorship

· Attachment 4: Bare Creek Run – Challenge Works Pty Ltd Sponsorship

· Attachment 5: Roseville Story Productions Sponsorship

· Attachment 6: Special Olympics Sydney Upper North Shore Club Sponsorship

· Attachment 7: Dogs in the Park NSW Sponsorship

· Attachment 8: Ku-ring-gai Shield – St Ives Bowling Club Sponsorship

· Attachment 9: Ku-ring-gai Art Society Sponsorship

· Attachment 10: St Ives Preschool Kindergarten Sponsorship

· Attachment 11: Northlight Anglican Church West Pymble Sponsorship

· Attachment 12: MSTYP Sponsorship

· Attachment 13: Ku-ring-gai Philharmonic Orchestra Incorporated Sponsorship

· Attachment 14: Welcome Basket Sponsorship

GB.6 Heads of Agreement – Northern Suburbs Football Association and Ku-ring-

gai Council

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

· Attachment 1: Heads of Agreement – Ready for execution – NSFA and KRG – NTRA

· Attachment 2: HoA Considerations Table – NSFA and KRG – NSFA

GB.7 Active Transport Reference Committee – recruitment of members

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

· Attachment 1: List of nominees (1^st and 2^nd round) and recommended members

· Attachment 2: Consolidated Submission Nominations (1^st round)

· Attachment 3: Consolidated Submission Nominations (2^nd round)

GB.12 Reclassification Planning Proposal 261 Mona Vale Rd, St Ives; 1186-1188

Pacific Hwy, Pymble; 1192 Pacific Hwy, Pymble

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

· Attachment 3: Financial Considerations and Permitted Us–s - Town Hall and Presbytery 1186-1188 Pacific Hwy, Pymble

GB.13 Draft Planning Agreement - Exhibition Roseville Memorial Club

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

· Attachment 2: Roseville Memorial Club Valuation Update - 7 November 2022

· Attachment 3: Purchase price for Part 62 Pacific Highway, Roseville

CARRIED UNANIMOUSLY

CONFIRMATION OF MINUTEs

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 20 June 2023

Minutes numbered 69 to 91

Resolved:

(Moved: Councillors Smith/Ward)

That Minutes numbered 69 to 91 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting (subject to the corrections noted in the memo).

CARRIED UNANIMOUSLY

minutes from the Mayor

The King's Birthday Honours 2023

File: S14221

Vide: MM.1

I am pleased to inform you that 12 Ku-ring-gai citizens, through their outstanding achievements and services to the community, have been awarded 2023 King’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 David Thomas ANTHONY AM of Turramurra, for significant service to the agricultural sector, and to the community of Narrabri

Mrs Fiona Elizabeth BALFOUR AM of Roseville, for significant service to corporate governance, and to the aviation sector

Mr Michael You To CHOW OAM of St Ives, for service to the community through a range of organisations

Mr Alan Raynor COLE OAM of Wahroonga, for service to the community of Turramurra

Mrs Lesley Sharon GILD OAM of St Ives, for service to business and commerce in Ballarat

Mrs Susanne Kaye HAMILTON OAM of North Turramurra, for service to softball, and to lawn bowls

Mr Jeffrey Howard NEWMAN OAM of Killara, for service to philately

Dr Irene O’CONNELL OAM of St Ives, for service to the law

Mr Simon PENNINGTON OAM of Pymble, for service to rowing

Miss Rose-Marie RADLEY AM of Wahroonga, for significant service to community health, and to the nursing profession

Mrs Jeannette Joy TSOULOS OAM of West Pymble, for service to the Jewish community

Mr Christopher Charles VONWILLER AM of Gordon, for significant service to science and technology development

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: The Mayor, Councillor Pettett)

A. That Council acknowledge the outstanding contribution made by these recipients of the King’s Birthday Honours 2023 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

AUSTRALASIAN LOCAL GOVERNMENT MANAGEMENT CHALLENGE

File: S14082

Vide: MM.2

The purpose of this Mayoral Minute is to acknowledge the tremendous achievement of our Council in representing NSW for two years running in the finals of the Australasian Local Government Management Challenge.

The Management Challenge is an annual event hosted by Local Government Professionals Australia, an association representing Councils in Australia and New Zealand.

As its name suggests, the Challenge seeks to develop young and emerging local government leaders through a series of tasks designed to challenge their leadership capabilities.

Participating Councils select a team of six staff and various mentors – usually senior managers – to guide and advise them before the challenge starts. Each team participates in a pre-challenge task which simulates a real-life scenario in a Council. Teams are then pitted against each other in a fast-paced regional day of various challenges and scenarios.

In 2022 the Ku-ring-gai Council team won the NSW regional final and competed in the national finals that year.

This year, a new team from the Council has again won the NSW regional final of the Management Challenge and will go on to compete in the national finals later this year.

It is almost unprecedented for a team from the same Council to win a regional challenge two years in a row. Both the 2022 and 2023 Ku-ring-gai Council teams deserve praise for this excellent result and for representing NSW Councils in such an exemplary way.

On behalf of our Council and our community, I wish the Ku-ring-gai Council team all the best in the national finals of the Challenge. We are very proud of your achievement!

Resolved:

(Moved: The Mayor, Councillor Pettett)

That Council acknowledge the outstanding achievement of the team and wish them well for the national finals next month.

CARRIED UNANIMOUSLY

Nomination of items on the agenda for a site inspection

Council considered a site inspection for GB.13 Draft Planning Agreement - Exhibition Roseville Memorial Club after a nomination was proposed by Councillor Kay. After having declared a non-significant non-pecuniary interest on Item GB13, Councillor Wheatley withdrew from the Chambers during discussion and did not vote on the matter. When put to the vote the nomination was LOST.

For the Nomination: 2 Councillors FOR

Against the Nomination: 7 Councillors AGAINST

After the vote was taken, Councillor Wheatley returned to the Chambers.

PROCEDURAL MOTION

Standing Orders were suspended at this point in the meeting to agree to deal with Question with Notice, QN.1 - Proposed construction of new grandstand and associated facilities – North Turramurra sporting fields after items adopted in accordance with the officer’s recommendation allowing for minor changes without debate. A motion was moved by Councillors Spencer and Kay and CARRIED UNANIMOUSLY.

GENERAL BUSINESS

Review of ward boundaries

File: S13912

Vide: GB.2

To review Ku-ring-gai Local Government Area ward boundaries.

Resolved:

(Moved: Councillors Spencer/Kay)

That Council note the attached information and retain the current ward boundaries (noting the information in the memo).

CARRIED UNANIMOUSLY

Investment Report as at 30 June 2023

File: FY00623/5

Vide: GB.3

To present Council’s investment portfolio performance for June 2023.

Resolved:

(Moved: Councillors Spencer/A. Taylor)

That:

A. The summary of investments and performance for June 2023 received and noted.

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

CARRIED UNANIMOUSLY

100

Monthly Project Status Report - June 2023

File: FY00621/5

Vide: GB.4

To provide Council with the Project Status Report for April - June 2023.

Resolved:

(Moved: Councillors Spencer/Smith)

That:

A. Council receive and note the Project Status Report for June 2023.

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

CARRIED UNANIMOUSLY

101

Generic Plan of Management, General Community Use - For Exhibition

File: S13466

Vide: GB.5

To seek endorsement of the draft Generic Plan of Management - General Community Use for exhibition.

Resolved:

(Moved: Councillors Spencer/Lennon)

A. That Council endorse the draft Plan of Management – General Community Use as attached to this report for public exhibition with Crown Approval in accordance with the requirements of the Local Government Act and CLM Act;

B. That Council notes the draft advice, as attached to this report, from the Native Title Manager in relation to the Draft Plan of Management – General Community Use;

C. That Council allows officers to amend the Draft Plan of Management – General Community Use Generic, in accordance with the Department of Planning and Environment – Crown Lands requirements, prior to public exhibition;

D. A further report be brought back to Council following the exhibition period. Subject to no changes (except for minor editorial and formatting changes), the Department of Planning and Environment – Crown Lands has provided consent for the PoM to adopted without further submission to Crown.

CARRIED UNANIMOUSLY

102

Active Transport Reference Committee - recruitment of members

File: S02696

Vide: GB.7

To consider further nominations for community representatives to the Active Transport Reference Committee.

Resolved:

(Moved: Councillors Spencer/Lennon)

A. That Council appoint members to the Active Transport Reference Committee as outlined in this report.

B. That the Active Transport Reference Committee meet on the second Thursday of August and November in 2023.

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

CARRIED UNANIMOUSLY

103

2023/2024 - Heritage Home Grants - Allocation of Funding and Conditions

File: FY00674

Vide: GB.8

For Council to consider the recommendations from the Heritage Reference Committee (HRC) for the applications under the Heritage Home Grants (HHG) program for 2023/24.

Resolved:

(Moved: Councillors Spencer/Wheatley)

A. That Council approves the Heritage Home Grant funding as set out in Attachment A2.

B. That Council waives any applicable minor works application fees required by successful grant recipients to undertake projects approved for funding.

CARRIED UNANIMOUSLY

104

Sustainable Recreation Advisory Group Minutes - 6 March 2023

File: S13163

Vide: GB.9

That Council receive and note the minutes from the Sustainable Recreation Advisory Group (‘SRAG’) meeting held on 6 March 2023.

Resolved:

(Moved: Councillors Spencer/Ward)

That Council receive and note the Sustainable Recreation Advisory Group minutes of 6 March 2023.

CARRIED UNANIMOUSLY

105

Minutes of Heritage Reference Committee of 22 June 2023

File: CY00413/11

Vide: GB.10

To have Council consider the minutes from the Heritage Reference Committee (‘HRC’) meeting of 22 June 2023.

Resolved:

(Moved: Councillors Spencer/Wheatley)

A. That Council receive and note the Heritage Reference Committee minutes from 22 June 2022.

B. That Council receive and note the Heritage Reference Committee report on the spelling of Narelle Avenue, Pymble, and recommendation for no change.

CARRIED UNANIMOUSLY

After having previously declared a non-significant non-pecuniary interest on Item GB11, Councillor Kay withdrew from the Chambers during discussion and did not vote on the matter.

106

Environmental Levy Grant Program -
Round 25

File: S04553/19

Vide: GB.11

To seek Council’s endorsement to fund round twenty-five (25) of the Environmental Levy grants program.

Resolved:

(Moved: Councillors Spencer/Ward)

That Council endorse the recommendations of the Environmental Levy Grants Assessment Panel to fund twenty-eight (28) projects under round twenty-five (25) of the Environmental Levy grants program, totalling $100,105.

CARRIED UNANIMOUSLY

After debate on the above matter concluded, Councillor Kay returned to the Chambers.

After having previously declared a non-significant non-pecuniary interest on Item GB13, Councillor Wheatley withdrew from the Chambers during discussion and did not vote on the matter.

107

Draft Planning Agreement - Exhibition Roseville Memorial Club

File: S12306/2

Vide: GB.13

To seek Council’s endorsement for the exhibition of a draft Planning Agreement in relation to the Roseville Memorial Club’s proposed redevelopment at Part 62 and 64-66 Pacific Highway, Roseville.

Resolved:

(Moved: Councillors Spencer/Smith)

A. That public notice of the exhibition of the draft Planning Agreement and all attachments relating to the property at Part 62 and 64-66 Pacific Highway Roseville, be duly given.

B. That the draft Planning Agreement and all attachments be made available for inspection in a public exhibition, in accordance with the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2021.

C. That a report be brought back to Council following the completion of the statutory exhibition process associated with the draft Planning Agreement and all attachments, including the offer to purchase Council land.

D. That delegation be granted to the General Manager or his delegate to make any administrative changes to the draft Planning Agreement (including attachments) that do not alter the overall intent in order to facilitate exhibition and to protect Council’s interests.

CARRIED UNANIMOUSLY

After debate on the above matter concluded, Councillor Wheatley returned to the Chambers.

108

District Park Master Plans - Review of Program

File: S13467

Vide: GB.14

To review the District Park Landscape Master Plan Program considering the findings of the draft Open Space and Recreation Needs Study reported to Council in June 2023.

Resolved:

(Moved: Councillors Spencer/Kay)

That:

A. Council ends the district park master plan program and replace it with a new program focusing on planning for recreation facilities within Council’s larger sporting and recreation spaces as described in this report.

B. $50,000 be allocated from PB000158 for preparation of a recreation facilities plan for Lindfield Soldiers Memorial Park, Lindfield for FY2024.

C. A further report be brought back to Council setting out the details of the new program including objectives, priorities and potential funding.

CARRIED UNANIMOUSLY

109

Bushfire Prone Land Mapping Update 2023 draft

File: S06342/3

Vide: GB.15

For Council to note amendments to the Bush Fire Prone Land Map 2015 and to seek Council's approval to exhibit the draft Bush Fire Prone Land Map 2023 for the Ku-ring-gai Local Government Area (LGA).

Resolved:

(Moved: Councillors Spencer/Ward)

A. That Council approve the draft Bush Fire Prone Land Map 2023 for public exhibition and seek the approval from the Department of Planning to apply the Bush Fire Evacuation Risk Map overlay as previously identified in the 2015 certification process.

B. Following the public exhibition period, a report will be brought back to Council outlining any changes and recommended amendments to the draft BFPLM 2023 and to seek a resolution to refer the final BFMLP 2023 to the NSW RFS for certification.

CARRIED UNANIMOUSLY

After having previously declared non-significant non-pecuniary interests on Item GB.1, Councillors Kay, Lennon, A.Taylor and Ward withdrew from the Chambers during discussion and did not vote on the matter.

110

Council Sponsorship Applications 2023-2024

File: FY00275/15

Vide: GB.1

To advise Council of sponsorship requests received under Council’s Sponsorship Policy for 2023–2024.

Resolved:

(Moved: Councillors Spencer/Smith)

That Council approve funding for the Events, Arts and Cultural and General Sponsorship applications as recommended in this report.

CARRIED UNANIMOUSLY

After debate on the above matter concluded Councillors Kay, Lennon, A.Taylor and Ward returned to the Chambers.

Standing Orders were suspended at this point in the meeting to deal with Question with Notice, QN.1 - Proposed construction of new grandstand and associated facilities – North Turramurra sporting fields.

QUESTIONS WITH NOTICE

PROPOSED CONSTRUCTION OF NEW GRANDSTAND AND ASSOCIATED FACILITIES – NORTH TURRAMURRA SPORTING FIELDS

File: EM00041/11

Vide: QN.1

QUESTION:

Question from Councillor for Wahroonga Ward, Councillor Cedric Spencer dated 5 July 2023.

At the Ordinary Meeting of 14 February 2023 Council considered a report on a proposal by the Northern Suburbs Football Association (NSFA) to construct a new grandstand and associated facilities at the North Turramurra Recreation Area (NTRA). The report (item GB.18) detailed the project proposal, including details associated with the approved DA (DA0484/21) as well as successful grant applications undertaken by the NSFA. Council has been asked to accept the current risks associated with the project and that Council continues to negotiate the terms of a Heads of Agreement with the NSFA, it is therefore appropriate that due diligence is conducted.

1. Will the General Manager seek advise from both NSFA and the NSW Office of Sport as to whether NSFA had provided an owners consent from Ku-ring-gai Council in the NSFA’s successful Multi-Sport Community Facility Fund 2022-23 Grant.

2. Will the General Manager seek further advise from both NSFA and the NSW Office of Sport as to whether the NSW Office of Sport believes that the grant submission lodged by NSFA which was subsequently approved met the guidelines for the 2022-23 Multi-Sport Community Facility Fund Grant Round as Council is concerned that the grant application may not appear to:

a. provide a minimum 50% financial co-contribution by NSFA of the grant amount requested;

b. provide evidence of landowner(s) consent for the project;

c. provide evidence of the applicant’s capacity to fund and manage ongoing operations including routine and lifecycle maintenance costs; and

d. have broad community support, as evidenced by:

i. Petition of Objection – Presented by Councillor Cedric Spencer to Council 27 April 2022 – 960 Signatures

ii. Petition of Objection – Presented by Mr Peter Delaney to Council 22 August 2022 – 239 Signatures

iii. Petition of Objection organised by North Turramurra Action Group to Council 21 September 2022 – 1473 Signatures.

3. Will the General Manager seek advise from both NSFA and the NSW Office of Sport as to whether NSFA has submitted the Female Friendly Community Sports Facilities and Lighting Upgrades 2022/23 Grant without the Landowner’s Consent from Ku-ring-gai Council.

For the purpose of good governance of Ku-ring-gai Council, will the General Manager report back to Council with responses from both NSFA and the NSW Office of Sport to satisfy the questions above, including their production of supporting evidence, on an urgent and confidential basis.

ReSPONSE:

Response from Director Strategy and Environment:

1. It is not Council’s intention to raise questions about the Multi-Sport Community Facility Fund 2022-23 grant application process with either the NSFA or the NSW Office of Sport. Council did not provide owners consent to accompany the grant application.

2. It is not Council’s intention to raise questions about compliance with the Multi-Sport Community Facility Fund 2022-23 grant application guidelines with either the NSFA or the NSW Office of Sport. In accordance with Council’s resolution of February 2023 Ordinary meeting, staff are progressing with the development of a draft Heads of Agreement for the project on the assumption, among other things, that all capital costs, operating costs, and whole of lifecycle costs for the project will be borne by the NSFA and that all capital finds are available to Council prior to going to tender for construction.

3. It is not Council’s intention to raise questions about the Female Friendly Community Sports Facilities and Lighting Upgrades 2022/23 Grant with either the NSFA or the NSW Office of Sport. Council did not provide owners consent to accompany the grant application and there are email communications in Council’s records to that effect. By way of email to all Councillors dated 19 July 2023 providing Correspondence to the Office of Sport dated 22 November 2022 stating (in part) “Ku-ring-gai Council have advised that they are not currently in the position to provide a landowner consent form to accompany the NSFA’s Female Friendly Community Sport Facilities and Lighting Upgrades Grant Program grant application. The reason provided is that the final consent of Council to commence construction of the project would be subject to separate resolution of Council and a licence or lease on terms consistent with Council’s Management of Community and Recreation Facilities Policy”.

111	Heads of Agreement - Northern Suburbs Football Association and Ku-ring-gai Council File: S13678-3 Vide: GB.6
	For Council to determine if it wishes to enter into a Heads of Agreement (HoA) with the Northern Suburbs Football Association (NSFA) for the construction of a new grandstand and associated facilities at the North Turramurra Recreation Area, primarily for use by NSFA.
	motion: (Moved: Councillors Smith/Wheatley) A. If Council accepts the risks, costs, and benefits associated with the project and the terms of the draft Heads of Agreement as presented, Council resolves to endorse the Heads of Agreement based on approved DA plans (DA0484/21) for construction of a new grandstand with café, change rooms, offices, treatment rooms, corporate and media facilities at the existing sports ground as the basis for finalising transaction documents for the project. B. That Council note that this proposal is not driven by financial outcomes, but rather the economic, social, and environmental value offered to the community, including the health benefits for players through increased activity and recreational outcomes. Further, that from a strictly financial perspective, the project may not be financially feasible. C. That Council note that except for possible carry forwards from the 2022/2023 financial year (which are yet to be considered by Council), there is no budget allocation for any work on this project in the 2023/2024 annual budget. D. That Council advise NSFA that all capital costs, operating costs, and lifecycle costs (beyond preparation of a Heads of Agreement) will be borne by NSFA and that transaction documents associated with this project will be drafted accordingly. E. That Council note that finalisation of transaction documents associated with the project will be referred to Council for endorsement prior to execution. F. Council authorises the Mayor and General Manager to execute the Heads of Agreement on behalf of Council and to make minor/inconsequential changes if required in order to protect Council’s interests.
	procedural motion: Council resolved itself into Closed Meeting between 7:48pm and 8:00pm with the press and public excluded to deal with this item after a Motion moved by Councillors Kay and Spencer was CARRIED. For the Procedural Motion: Councillors Kay, Ngai, Spencer, A.Taylor, G.Taylor and Ward Against the Procedural Motion: The Mayor, Councillor Pettett, Councillors, Lennon, Smith and Wheatley Council resolved itself into Open Meeting at 8:00pm after a Motion moved by Councillors A.Taylor and Ngai was *CARRIED UNANIMOUSLY.* Debate on the item resumed. procedural motion: Councillors Smith and Wheatly moved a Procedural Motion asking the Mayor to seek a vote on the matter as there had been 2 speakers for and 2 against. The Procedural Motion was *CARRIED UNANIMOUSLY.*
	Resolved: (Moved: Councillors Smith/Wheatley) A. If Council accepts the risks, costs, and benefits associated with the project and the terms of the draft Heads of Agreement as presented, Council resolves to endorse the Heads of Agreement based on approved DA plans (DA0484/21) for construction of a new grandstand with café, change rooms, offices, treatment rooms, corporate and media facilities at the existing sports ground as the basis for finalising transaction documents for the project. B. That Council note that this proposal is not driven by financial outcomes, but rather the economic, social, and environmental value offered to the community, including the health benefits for players through increased activity and recreational outcomes. Further, that from a strictly financial perspective, the project may not be financially feasible. C. That Council note that except for possible carry forwards from the 2022/2023 financial year (which are yet to be considered by Council), there is no budget allocation for any work on this project in the 2023/2024 annual budget. D. That Council advise NSFA that all capital costs, operating costs, and lifecycle costs (beyond preparation of a Heads of Agreement) will be borne by NSFA and that transaction documents associated with this project will be drafted accordingly. E. That Council note that finalisation of transaction documents associated with the project will be referred to Council for endorsement prior to execution. F. Council authorises the Mayor and General Manager to execute the Heads of Agreement on behalf of Council and to make minor/inconsequential changes if required in order to protect Council’s interests. The Motion was put and declared CARRIED: For the Resolution: The Mayor, Councillor Pettett, Councillors, Lennon, Smith, Wheatley, A.Taylor and Ward Against the Resolution: Councillors Kay, Ngai, G.Taylor and Spencer

PROCEDURAL MOTION:

At 8:44pm Council adjourned for a short interval after a motion moved by the Mayor was CARRIED UNANIMOUSLY.

The meeting resumed at 8:49pm.

112	Reclassification Planning Proposal 261 Mona Vale Rd, St Ives; 1186-1188 Pacific Hwy, Pymble; 1192 Pacific Hwy, Pymble File: S13795 Vide: GB.12
	For Council to consider a Planning Proposal to reclassify land at 261 Mona Vale Rd, St Ives, 1186-1188 Pacific Hwy, Pymble, and 1192 Pacific Hwy, Pymble from Community to Operational land.
	PROCEDURAL MOTION: A Motion moved by Councillors Kay and Spencer that voting on the item be put in seriatim (sequentially and voted on separately) as A to C was CARRIED UNANIMOUSLY.
	MOTION: (Moved: Councillors Kay/G.Taylor) A. That a Planning Proposal to reclassify 261 Mona Vale Road, St Ives from Community land to Operational land not be submitted to the Department of Planning and Environment for Gateway Determination in accordance with Section 3.34 of the Environmental Planning and Assessment Act 1979.. For the Resolution: Councillors Kay, Ngai, A. Taylor and G. Taylor Against the Resolution: The Mayor, Councillor Pettett, Councillors Lennon, Smith, Spencer, Ward and Wheatley LOST B. That a Planning Proposal to reclassify 1186-1188 Pacific Highway, Pymble from Community land to Operational land not be submitted to the Department of Planning and Environment for Gateway Determination in accordance with Section 3.34 of the Environmental Planning and Assessment Act 1979. CARRIED UNANIMOUSLY C. That a Planning Proposal to reclassify 1192 Pacific Highway, Pymble from Community land to Operational land not be submitted to the Department of Planning and Environment for Gateway Determination in accordance with Section 3.34 of the Environmental Planning and Assessment Act 1979. For the Resolution: Councillors Kay, Ngai, Spencer, A.Taylor and G.Taylor Against the Resolution: The Mayor, Councillor Pettett, Councillors Lennon, Smith, Ward and Wheatley The voting being EQUAL, the Mayor exercised his Casting Vote AGAINST the Resolution LOST Councillor Ngai briefly left and returned to Chambers during discussion of this item. The following motion was put in seriatim (sequentially and voted on separately) as A, C and D and E together. MOTION (Moved: Councillors Pettett/Smith) That a Planning Proposal to reclassify 261 Mona Vale Road, St Ives from Community land to Operational land be submitted to the Department of Planning and Environment for Gateway Determination in accordance with Section 3.34 of the Environmental Planning and Assessment Act 1979. For the Resolution: The Mayor, Councillor Pettett, Councillors Lennon, Smith, Spencer, Ward and Wheatley Against the Resolution: Councillors Kay, Ngai, A.Taylor and G.Taylor CARRIED That a Planning Proposal to reclassify 1192 Pacific Highway, Pymble from Community land to Operational land be submitted to the Department of Planning and Environment for Gateway Determination in accordance with Section 3.34 of the Environmental Planning and Assessment Act 1979. For the Resolution: The Mayor, Councillor Pettett, Councillors Lennon, Smith, Ward and Wheatley Against the Resolution: Councillors Kay, Ngai, Spencer, A.Taylor and G.Taylor The voting being EQUAL, the Mayor exercised his Casting Vote FOR the Resolution CARRIED That upon receipt of a Gateway Determination for any or all of the above mentioned sites, the exhibition, public hearing and consultation process is carried out in accordance with the requirements of the Environmental Planning and Assessment Act 1979 and the Gateway Determination. That a report be brought back to Council at the end of the consultation process. For the Resolution: The Mayor, Councillor Pettett, Councillors Ngai, Lennon, Smith, Spencer, Ward and Wheatley Against the Resolution: Councillors Kay, A.Taylor and G.Taylor CARRIED
	Resolved: (Moved: Councillors Kay/G.Taylor) B. That a Planning Proposal to reclassify 1186-1188 Pacific Highway, Pymble from Community land to Operational land not be submitted to the Department of Planning and Environment for Gateway Determination in accordance with Section 3.34 of the Environmental Planning and Assessment Act 1979. (Moved: Councillors Pettett/Smith) A. That a Planning Proposal to reclassify 261 Mona Vale Road, St Ives from Community land to Operational land be submitted to the Department of Planning and Environment for Gateway Determination in accordance with Section 3.34 of the Environmental Planning and Assessment Act 1979. C. That a Planning Proposal to reclassify 1192 Pacific Highway, Pymble from Community land to Operational land be submitted to the Department of Planning and Environment for Gateway Determination in accordance with Section 3.34 of the Environmental Planning and Assessment Act 1979. D. That upon receipt of a Gateway Determination for any or all of the above mentioned sites, the exhibition, public hearing and consultation process is carried out in accordance with the requirements of the Environmental Planning and Assessment Act 1979 and the Gateway Determination. E. That a report be brought back to Council at the end of the consultation process.

Inspections– SETTING OF TIME, DATE AND RENDEZVOUS

None

The Meeting closed at 9:16PM

The Minutes of the Ordinary Meeting of Council held on 25 July 2023 (Pages 1 - 21) were confirmed as a full and accurate record of proceedings on 15 August 2023.

__________________________ __________________________

General Manager Mayor / Chairperson

Ordinary Meeting of Council - 15 August 2023	GB.1 / 1

Item GB.1	FY00432/14

Ku-Ring-Gai Community Grants Program 2023

EXECUTIVE SUMMARY

purpose of report:	To advise Council of applications received for the 2023 Ku-ring-gai Council Community Grants Program, and to recommend funding allocations to community and cultural groups.

background:	Each year Council calls for applications from community and cultural groups for grant funding to assist in providing services to the community. Applications totalling $207,629 have been received from 57 different groups for this year’s round of funding.

comments:	A total of $97,800 is available for the 2023 Ku-ring-gai Council Community Grants Program. The grants assessment panel has recommended a total of $93,301 for distribution to community and cultural groups, plus $4,499 to Eryldene as a standing resolution of Council.

recommendation:	That Council approve the recommendations in this report for funding of $93,301 for community and cultural groups.

Purpose of Report

To advise Council of applications received for the 2023 Ku-ring-gai Council Community Grants Program, and to recommend funding allocations to community and cultural groups.

BACKGROUND

Each year Council calls for applications from community and cultural groups for grant funding to assist in providing services to the community. Applications totalling $207,629 have been received from 57 different groups for this year’s round of funding.

Comments

Projects funded under the 2023 Ku-ring-gai Council Community Grants Program cover a range of target groups including, children, young people, older people, people with disabilities and people from culturally and linguistically diverse backgrounds.

Funding from the grants enhance the capacity of community groups to provide much needed support services to the community. The arts and cultural projects proposed will foster celebrations and promote the development of artistic pursuits in Ku-ring-gai.

The grants assessment panel has recommended a total of $93,301 for distribution to community and cultural groups. Details of the applications, amount of funding recommended, and comments on the assessment process can be found in (Attachments 1, 2, 3,) of this report.

integrated planning and reporting

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
C1.1 An equitable and inclusive community that cares and provides for its members	C1.1.1 Council’s policies, programs and advocacy address the social and health needs of all age groups, reduce disadvantage and address gaps in service provision.	Resource and support local initiatives and organisations through the Ku-ring-gai Community Grants program.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

C1.1 An equitable and inclusive community that cares and provides for its members

C1.1.1 Council’s policies, programs and advocacy address the social and health needs of all age groups, reduce disadvantage and address gaps in service provision.

Resource and support local initiatives and organisations through the Ku-ring-gai Community Grants program.

Governance Matters

The 2023 Ku-ring-gai Community Grants Program is supported by adopted guidelines, funding categories, eligibility criteria and application and selection process information.

Consistent with the Grants Administration and Sponsorships Internal Audit report, two community representatives were invited to assist staff in assessing the applications and provide a diversity of views on the Assessment Panel. The independent panel members were Ms Helen Jarvis, Chair of Management Committee, KYDS (Ku-ring-gai Youth Development Service) and Ms Michelle Bell CEO of the Ku-ring-gai Neighbourhood Centre.

The Allocation Meeting involving independent panel members and Council officers was documented, including assessment decisions, funding allocations and conflict of interest disclosures.

Risk Management

Priority funding areas have been identified for each category - Small Equipment, Community Development and Arts and Cultural grants, to assist all potential applicants. The program covers a range of projects and within each project there are a variety of associated risks. Council has in place several measures to mitigate those risks, including a formal Funding Agreement and Acquittal Process. Each organisation receiving funding must comply with the terms and conditions of the program.

Financial Considerations

Council has $97,800 available in the 2023 budget for the Community Grants Program. A total amount of $93,301 is proposed to be distributed to community and cultural groups, and a further $4,499 has been allocated to the rates and garbage rebate for Eryldene (a standing resolution of Council).

Social Considerations

The 2023 Ku-ring-gai Council Community Grants Program is supported by priority funding areas based on identified social and arts and cultural needs in the Ku-ring-gai area. A key component of this program is to provide opportunities for residents to participate and engage in their local community.

Environmental Considerations

The various projects funded under this program contribute to a sustainable community and some contain elements with environmental benefits.

Community Consultation

The Ku-ring-gai Community Grants program was promoted using the North Shore Times, social media, Council’s website and direct mailout to over 500 community groups.

Internal Consultation

The Corporate Department has been consulted in the writing of this report.

Summary

The grants will enhance the capacity of community groups to provide much needed support services to the community. The arts/cultural projects proposed will foster celebrations and promote the development of artistic pursuits in Ku-ring-gai.

A total of $97,800 is available for the 2023 Ku-ring-gai Council Community Grants Program. The grants assessment panel has recommended a total of $93,301 for distribution to community and cultural groups, plus $4,499 to Eryldene as a standing resolution of Council.

Recommendation:

That the following community and cultural groups receive the recommended funding amounts from Council in 2023:

CATEGORY 1: Small Equipment

Name of Organisation	Amount Recommended
Gordon Football Club	$1,600.00
Probus Club of Barra Brui Inc	$1,016.00
Wahroonga Anglican Church	$1,600.00
Sydney United Sports Club Incorporated	$1,600.00
Men’s Kitchen Association Limited	$1,600.00
North Turramurra Football Club	$1,600.00
Christ Church St Ives	$1,600.00
Chabad House Of The North Shore Limited	$1,600.00
2nd/3rd Lindfield Scout Group	$1,600.00
Lindfield District Cricket Club Inc	$1,600.00
Ku-ring-gai Netball Association	$1,600.00
West Pymble Scout Group	$1,600.00
Kuringai Youth Orchestra Incorporated	$510.00
Total	$19,126.00

CATEGORY 2: Community Development

Name of Organisation	Amount Recommended
AASHA Australia Foundation	$3700.00
Hornsby Ku-ring-gai Parkinson's Association Incorporated	$2,099.00
Empowering Parents In Crisis (EPIC)	$3,700.00
Autism Spectrum Australia (Aspect)	$3,700.00
Streetwork Australia Limited	$3,700.00
The Uniting Church in Australia Property Trust (NSW) on behalf of UCA Gordon-Pymble Uniting Church	$3,700.00
Ku-ring-gai Community Workshop "The Shed" Inc	$2,315.00
Ha'Tzofim Australia	$3,300.00
Ku-ring-gai Netball Association	$3,700.00
Ku Ring Gai Little Athletics Inc	$1,746.00
St Swithun's Anglican Church Pymble	$3,700.00
Road Safety Education Limited	$3,700.00
CASS Care Ltd	$3,700.00
Total	$42,760.00

CATEGORY 3: Arts & Cultural

Name of Organisation	Amount Recommended
Dae Hahn Culture School	$3900.00
Kuringai Youth Orchestra Incorporated	$900.00
Hornsby Ku-ring-gai Parkinson's Association Incorporated	$1,175.00
Streetwork Australia Limited	$3,900.00
CASS Care Ltd	$3,900.00
Chabad House Of The North Shore Limited	$3,900.00
Hornsby Ku-Ring-Gai Community College	$3,900.00
The Cavalcade of History and Fashion	$2,040.00
Multicultural Integration Community Support Inc	$3,900.00
Cerebral Palsy Alliance	$3,900.00
Total	$31,415.00

Danny Houseas

Manager Community Development

Janice Bevan

Director Community

Attachments:	A1⇩	Attachment 1 - Small Equipment Individual Assessment 2023	2023/225182
	A2 ⇩	Attachment 2 - Community Development Individual Assessment 2023	2023/225189
	A3 ⇩	Attachment 3 - Arts & Cultural Individual Assessment 2023	2023/225192

Ordinary Meeting of Council - 15 August 2023	GB.3 / 1

Item GB.3	FY00382/15

Delivery Program 2022-2026 and Operational Plan 2022-2023: June 2023 Biannual Report

EXECUTIVE SUMMARY

purpose of report:	To report to Council on the progress of the Delivery Program 2022-2026 and Operational Plan 2022-2023, for the period January to June 2023.

background:	A progress report on the Delivery Program and Operational Plan must be presented to Council every six months under the Local Government Act. This biannual report marks completion of the first year of Council’s 2022-2026 Delivery Program.

comments:	This report provides a summary of progress and performance for the Delivery Program 2022-2026 and Operational Plan 2022-2023 for the period January to June 2023.

recommendation:	That the six month progress review of the Delivery -Program 2022-2026 and Operational Plan 2022-2023 be received and noted.

Purpose of Report

To report to Council on the progress of the Delivery Program 2022-2026 and Operational Plan 2022-2023, for the period January to June 2023.

Background

The Delivery Program 2022-2026 and Operational Plan 2022-2023 were adopted by Council on 28 June 2022. To assist the community in understanding Council’s programs, both the Delivery Program and Operational Plan are presented in the same document.

A progress report on the Delivery Program and Operational Plan must be presented to Council every six months under the Local Government Act. This biannual report marks completion of the first year of Council’s 2022-2026 Delivery Program.

Details of progress against term achievements and tasks for the six-month period from January to June 2023 and performance indicators for the twelve month period 2022 – 2023 are included in the report at Attachment A1.

This report also includes overall percentage achievement statistics, exception reporting for items behind schedule and data against performance indicators presented under the six (6) themes in the Delivery Program and Operational Plan.

All departments have provided comments and status updates for the attached report.

Council has received quarterly budget reports during 2022-2023 to provide data on the financial position of Council in terms of its income and expenditure, as well as the status of its adopted capital works program. The March quarter budget review for 2022-2023 was reported to Council’s Ordinary Meeting of 16 May 2022.

Results for five (5) financial performance indicators under ‘Theme 6 – Leadership’ are not available until completion of the end of year financial review and external audit as part of the preparation of the 2022-2023 Financial Statements, due to be completed in August 2023. The draft Statements will be presented to Council in September 2023 and included in Council’s Annual Report 2022-2023, to be published in November.

Comments

The June biannual report (Attachment A1) presents the organisation’s progress against term achievements, tasks and performance indicators in the Delivery Program and Operational Plan.

Reasons for delays and remedial actions are provided for term achievements and tasks behind schedule. Explanatory comments are provided for performance indicators not achieved.

Summary of performance

The following table provides the summary of results at the end of the reporting period:

Item	Green traffic light /tick	Amber traffic light	Red traffic light	White traffic light
Tasks	96%	3.0%	0.5%	0.5% - 2 tasks*
Term Achievements	90%	6%	3%	1% - 1 term achievement*
Performance Indicators (1 year) **	81.5% achieved	-	18.5% not achieved
* The tasks and term achievement indicated with a white traffic light have not been included in % performance calculations. ** Results for five (5) financial performance indicators are not available until completion of the end of year financial review and external audit. Those indicators have not been included in % performance calculations.

Explanation of traffic lights/ticks

Green traffic light/tick – completed (tick) or substantially completed at the time of reporting, with minimal work required to complete.

Amber traffic light - behind schedule (delayed performance progress with remedial action required)

Red traffic light - significantly behind schedule (performance issues resulting in major delays, with actions to address issues included)

White traffic light - Council resolved to not proceed or place on hold, or work cannot progress as a direct result of Council’s decision.

Performance against term achievements

90% of term achievements were progressing to schedule at end of June 2023. This is a satisfactory result for the first year of Council’s Delivery Program. The 4 term achievements behind schedule and 2 term achievements significantly behind schedule were due to contributory tasks being delayed, impacts of State government policy changes and extended time required for major projects. Further information on the reasons for the delays and remedial actions are included in the commentary for these term achievements. One term achievement remained ‘on hold’ as a result of Council resolution.

Performance against one-year tasks

96% of Operational Plan tasks were completed or substantially completed at end of June 2023, with 6 tasks behind schedule, 2 tasks significantly behind schedule and two tasks on hold due to Council resolution. Despite the delayed tasks, the overall result is very satisfactory and exceeds Council’s target of 89%.

Further information on reasons for delays and remedial actions are included in the commentary for tasks not completed or behind schedule, indicating they will be substantially progressed or completed in 2023/24. These tasks have been carried over and included in Council’s adopted 2023-2024 Operational Plan.

Performance against indicators

81.5% of performance indicators were achieved for the 2022/23 year which is a satisfactory result.

Challenges and key achievements

Challenges and key achievements for the six-month period from January to June 2023 are summarised below. A summary of achievements and challenges can be found under each theme in the June biannual report at Attachment A1.

Challenges

· Ensuring sustainability requirements are aligned with changing state and federal instruments and standards.

· Lack of certainty around the previous NSW Government’s Contributions reform process delayed progression of the review of the s7.11 Contributions Plan. However, this allowed Council to focus on the s7.12 review which was completed and in effect from April 2023.

· Continuing to manage planned and unexpected staff leave (due to illness) and vacancies to ensure adequate resourcing for ongoing service delivery and programs.

· Resourcing challenges for the North Shore Council’s Internal Audit Service initially in 2022 which have now been resolved now.

Key achievements

Theme 1 – Community, people and culture

· Establishment of Volunteer Hub to enhance the service delivery capacity of local services and provide opportunities for residents to contribute to their local community.

· Council was awarded a $50,000 grant to establish the Hub by the NSW Department of Premier and Cabinet under the NSW Social Cohesion Grants for Local Government program.

· Successful delivery of the regional Gai-Mariagal festival program shared by Destination NSW. This included successful introduction of staff engagement through staff yarns with Uncle Brendan.

· Growth of Ku-ring-gai`s annual Lunar New Festival and Heritage Festival in delivering a range of cultural events.

· The Day of Cultural Delights event provided an opportunity for volunteers from CALD backgrounds to contribute their special skills such as helping to stage the event, performing dance and musical items, dance teaching, and meal preparation for their local community.

· The Seniors & Volunteer Expo provided an opportunity to over 30 local community organisations and groups to showcase their activities, and attracted 1028 individual visits to their stalls

· The Women’s Forum showcased women’s achievements, examined local concerns and explored solutions that may be achieved in Ku-ring-gai.

· Cost savings made across Library Futures and Technology through identified efficiencies with serials purchasing, end processing and vendor contracts which were reinvested in improved library collections and infrastructure.

· A successful application under the Public Library Infrastructure Grant program saw Council receive $450,000 towards improvements at Gordon Library such as powered benches and seating at Gordon Library, providing an additional 38 seats.

· New microfilm reader purchased and installed to both enhance and increase accessibility of Local History material.

· Junior Golf programs were fully booked for term and Holiday programs. The expansion to include intermediate levels and open up classes to a wider age range has continued to be very successful.

· Finalisation of local playground projects including Orange Green (North Turramurra), Narang Reserve (Gordon), Kendall Village (Pymble) and Dukes Green (East Lindfield) as well as the neighbourhood centre upgrade at Fox Valley Way (Wahroonga). Construction is in the final phases at St Johns Avenue, Gordon.

· A new tender for impounding services was prepared with Council’s finance section to engage with the market for a competitive price and ongoing service.

· Council was awarded a grant under the Sydney North Health Network Extreme Weather Community Resilience program of $9,670 to run workshops for people with a disability or chronic health concerns to be more resilient and self-sufficient in emergency situations.

· Completion of a multi-agency Emergency Management exercise in May, conducted by the NSW Police Command Development Unit to test the capability of the Hornsby Ku-ring-gai LEMC.

· The Hornsby Ku-ring-gai Bush Fire Risk Management Plan was endorsed by the Rural Fire Service (RFS) and released for public exhibition in May.

· Completion of an Evacuation Centre Audit in conjunction with NSW Health and combat agencies.

· The completion of an emergency management desktop exercise facilitated by the NSW Police Command Development Unit for the LEMC. There were improvements to existing Consequence Management Guides that were identified as part of the exercise. These improvements will be reflected in the guides following a post exercise review later this year. The scenario was a train derailment.

Theme 2 – Natural Environment

· Increased subscribers to Council`s three e-newsletters

· The addition of Samuel King Oval water recycling system at the completion of the sportsfield upgrade.

· Launch of the Net Zero Champions and Net Zero website with a big increase in engagement through our digital channels.

· The Better Business Partnership rebates program was updated to incorporate stronger support for Net Zero actions.

· Two webinars were hosted in partnership with Northern Beaches Council for businesses and organisations – one webinar for renewable energy power purchase agreements and the second on solar/batteries and energy efficiency for businesses and organisations.

· Matched community investment associated with environmental rebates for this period was $635,282.

· The Hornsby / Ku-ring-gai Bushfire Risk Management Plan 2023/26 was placed on public exhibition and is expected to be endorsed by the RFS later in the 2023 calendar year. Council`s bushland services in collaboration with NSW Fire & Rescue implemented 9 hazard reduction burns treating 22.4ha and protecting 231 residential properties.

· The Better Business Partnership program received a Highly Commended at the Local Government Professionals Excellence awards in June 2023 in the Partnerships and Collaboration in Supporting Local Enterprise category.

· Over 1,000 people attended CWC/Simtable presentations both live and online.

· Council adopted a Policy for Electric Vehicle Charging Infrastructure on Public Land to support the development of public electric vehicle chargers within Ku-ring-gai.

Theme 3 – Places, spaces and infrastructure

· Asset Management Plans for drainage, footpaths and roads were completed.

· Upgrade works at the Fox Valley neighbourhood centre were completed.

· Concept options for Eastern Road Neighbourhood Centre were developed as part of engagement to obtain seek feedback from residents and shopkeepers prior to detailed design being prepared

· Key plans of management were exhibited and adopted with the Ku-ring-gai Recreation Needs Study adopted for public exhibition.

· The installation of three (3) rooftop solar systems was completed at Council Chambers in Gordon, Council’s Depot at 31 Bridge Street, and the West Lindfield Community Centre.

· The installation of three (3) electric vehicle chargers was completed at 828 Pacific Highway for use by Council’s fleet.

· A review of Council’s s7.12 Contributions Plan was completed and a revised plan came into effect from April 2023.

· A funding agreement between Council and the Department of Sport was signed in June 2023 for a grant ($419,085 – ex GST) awarded to Council under the Female Friendly Community Sport Facilities and Lighting Upgrades Grant Program. The grant will enable Council to design and construct fully accessible amenities and changing facilities at Bannockburn Oval, Pymble.

· Council adopted and Crown Lands approved the Generic Plan of Management for Parks and Generic Plan of Management for Sportsgrounds.

Theme 4 – Access, traffic and transport

· Upgrade works were completed at the intersection of Burns Road and Ellalong Road using TfNSW`s Black Spot funding.

· Council was successful in securing $900,000 from TfNSW under its Black Spot Program for 2022/23 and 2023/24.

· Council secured $2.25M in funding from TfNSW to be utilised for the construction of footpaths and pedestrian facilities over three financial years, from 2022/23 to 2024/25.

· In-principle approvals were granted for traffic signal concept designs for intersection modifications in Lindfield. This will allow detailed design work to commence (with ongoing consultation with Transport for NSW and other stakeholders).

Theme 5 – Local Economy

· Council and partners saw over 41,800 visitors to events held including the following destination partner events:

o Sunset Cinema held at St Ives Showground from 9 December through to 28 January - 2,819 attendees.

o St Ives Summer Fair held on 25 and 26 January 2023 at St Ives Showground - 5,000 attendees.

o successful inaugural 5k Foam Fest held 4 February 2023 at St Ives Showground - 4,357 attendees.

o Bobbin Head Cycle Classic held on Sunday 26 March with 1,454 riders and over 450 volunteers.

o St Ives Show - over 14,200 attendees.

o Lindfield Fun Run had over 1800 participants.

o Ku-ring-gai Chase Fun Run had 700 participants.

· Expansion of the Gai-Mariagal Festival and Ku-ring-gai Heritage Festival.

Theme 6 – Leadership

· A revised Resourcing Strategy, revised Delivery Program 2022-2026 and new Operational Plan 2023-2024 were adopted following public exhibition.

· Total greenhouse gas emissions are 71% lower than the 2000 baseline, and 50% lower than FY2021/22 emissions. This is largely due to Council transitioning to 100% renewable energy for its electricity supply with ZEN Energy. This outcome puts Council ahead of its 2030 target to reduce total greenhouse gas emission by 50%, and on track towards reaching its 2040 target of achieving net zero emissions by 2040, or earlier.

· An independent review of customer experience was undertaken in May and June 2023. Results to be available in the first quarter of 2023/24.

· Two properties were acquired for the purpose of future open space and divestment of one property during the report period.

· A review of Council’s Privacy Management Plan was completed and a new plan was published in June.

integrated planning and reporting

Theme 6 – Leadership and Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

L1.1: A shared long-term vision underpins strategic collaboration and partnerships and builds leadership capacity.

L1.1.1: The priorities of our community, as reflected in the Community Strategic Plan, inform Council’s policy development, decision-making and program delivery.

L1.1.1.3: Provide regular reporting to the community on performance and progress against Council’s Delivery Program and Operational Plan.

Governance Matters

The NSW Division of Local Government’s Integrated Planning and Reporting guidelines and Section 404 of the Local Government Act 1993 requires a progress report to be presented to the Council on the principal activities detailed in the Delivery Program and Operational Plan at least every six (6) months.

Risk Management

The preparation, reporting and consideration by Council on the progress of the Delivery Program is undertaken every 6 months.

Financial Considerations

There are no direct financial considerations associated with the adoption of the recommendations contained within this report. Final Audited Financial Statements for 2022-2023 will be included as part of Council’s Annual Report 2022-2023 to be published at the end of November 2022.

Environmental Considerations

There are no specific environmental impacts associated with the preparation of this report.

Community Consultation

Although no specific community consultation was undertaken for the preparation of this report, community engagement and consultation played a significant role in the delivery of services, programs, projects and actions as detailed in the biannual progress report.

Internal Consultation

All Departments have provided status updates and comments on the progress of term achievements, performance indicators and tasks as provided at Attachment A1.

Summary

This report provides progress results for one-year tasks and four-year term achievements as well as yearly results for performance indicators contained in the Delivery Program 2022-2026 and Operational Plan 2022-2023. At the end of the 2023 financial year 90% of term achievements were reported as progressing satisfactorily, 96% of Operational Plan tasks were reported as completed or substantially completed and 81.5% of performance indicators were achieved for the 2022/23 year.

Results for five (5) financial performance indicators in the Delivery Program will be available following completion of the end of year financial review and external audit, which will be reported to Council in September as part of the draft Financial Statements for 2022-2023.

Recommendation:

That the report on the six monthly progress review of the Delivery Program 2022-2026 and Operational Plan 2022-2023 for the period January to June 2023 be received and noted.

Helen Lowndes

Integrated Planning Coordinator

Christopher M Jones

Manager Governance & Corporate Strategy

David Marshall

Director Corporate

Attachments:

A1⇩

Delivery Program 2022-2026 and Operational Plan 2022-2023 - June 2023 bi-annual report for Council

2023/243197

Ordinary Meeting of Council - 15 August 2023	GB.6 / 1

Item GB.6	FY00623/6
	24 July 2023

Analysis of Land and Environment Court Costs - 4th Quarter 2022 to 2023

EXECUTIVE SUMMARY

purpose of report:	To report legal costs in relation to development control matters in the Land and Environment Court for the quarter ended 30 June 2023.

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

comments:	For the year ended 30 June 2023, Council’s legal and associated payments in relation to the Land and Environment Court were $1,261,734. This compares with the annual budget of $1,315,300.

recommendation:	That the analysis of Land and Environment Court costs for the year ended 30 June 2023 be received and noted.

Purpose of Report

To report legal costs in relation to development control matters in the Land and Environment Court for the quarter ended 30 June 2023.

Background

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

Comments

Appeals Lodged

In the quarter ended 30 June 2023 there were 13 new appeals lodged with the Land and Environment Court. The number of appeals received in prior years is as follows:

Financial year	Number of appeals received (whole year)
2018/2019	44
2019/2020	25
2020/2021	13
2021/2022	18
2022/2023 (as at 30 June 2023)	36

The appeals commenced during the quarter to 30 June 2023 concerned the following subject matters:

· Single dwelling

· Multi-dwelling housing

· Subdivision

· Construction of a childcare centre

· Modification of development consent

Council was also in receipt of two appeals against Development Control Orders.

costs

For the year ended 30 June 2023, Council made payments of $1,261,734 on appeals and associated expenses in relation to Land & Environment Court matters. This compares with the annual budget of $1,315,300.

In addition to expenditure on appeals, a further amount of $28,214 was spent in obtaining expert advice regarding development assessment matters.

Land & Environment Court Costs 2018/2019 - 2022/2023
*Financial Year*	*Total Costs*	*1st quarter September*	*2nd quarter December*	*3rd quarter March*	*4th quarter June*
2018/2019* (41 appeals lodged)	$1,648,229	$372,972	$491,788	$336,336	$447,133
2019/2020* (25 appeals lodged)	$1,892,040	$417,046	$446,071	$543,218	$485,705
2020/2021* ( 13 appeals lodged)	$1,512,459	$356,735	$501,925	$278,510	$375,289
2021/2022 * (18 appeals lodged)	$1,114,447	$402,328	$258,053	$226,500	$227,566
2022/2023 (36 appeals lodged)	$1,261,734	$324,397	$300,017	$474,367	$162,953

* Costs reported to Council in previous reports

The costs incurred in the period to 30 June 2023 represent 95.93% of the annual budget of $1,315,300. In recent reported periods, there has been a trend of increasing numbers of appeals.

The commencement of appeals does not lie within the control of Council, however there a number of factors that appear to have influenced the volume of appeals:

· Amendments to the Environmental Planning and Assessment Act made in 2013 and then reintroduced in 2022 reduced the timeframe for lodgement of an appeal from twelve months to six months. This had the effect of applicants for more substantial and complex development proposals lodging appeals for no other reason than as a mechanism to preserve early appeal rights. The number of development applications received by Council in recent periods has itself been high.

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

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

· The additional pressure on application processing times arising from the Statement of Expectations issued to all NSW councils by the previous Minister for Planning in December 2021.

Notwithstanding these factors, Council’s overall success rate in appeals has been high.

In relation to costs recovered, the amount of $116,000 had been recovered as at the end of the year to 30 June 2023 compared to an annual budget for costs recovered of $107,400.

Outcomes

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

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

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

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

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

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

Six matters were concluded during the quarter. A favourable outcome was achieved in all matters:

· two appeals were discontinued;

· one appeal was dismissed by the Court;

· three appeals were resolved by agreement in relation to an amended proposal.

As at 30 June 2023, there was a total of 31 matters proceeding before the court and unconcluded.

integrated planning and reporting

Leadership & Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

L2.1 Council rigorously manages its financial

resources and assets to maximise delivery of

services.

Achieve financial sustainability targets

identified in the Long Term Financial

Plan.

Undertake quarterly reporting to Council on the financial performance of the

organisation.

Governance Matters

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

Risk Management

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

Financial Considerations

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

Social Considerations

None undertaken or required.

Environmental Considerations

None undertaken or required.

Community Consultation

None undertaken or required.

Internal Consultation

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

Summary

For the year ended 30 June 2023, Council made payments of $1,261,734 on Land & Environment Court appeals. This compares with the annual budget of $1,315,300.

Recommendation:

That the analysis of Land and Environment Court costs for the year ended 30 June 2023 be received and noted.

Tony Ly

Financial Accounting Officer

Jamie Taylor

Corporate Lawyer

Michael Miocic

Director Development & Regulation

David Marshall

Director Corporate

Attachments:

A1⇩

Individual Case Summary June 2023 - Land and Environment Court Costs

2023/242424

Ordinary Meeting of Council - 15 August 2023	GB.7 / 1

Item GB.7	FY00623/6
	26 July 2023

Investment Report as at 28 July 2023

EXECUTIVE SUMMARY

PURPOSE OF REPORT:	To present Council’s investment portfolio performance for July 2023.

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

comments:	The net return on investments for the financial year to the end of July 2023 was $703,000, against the budget of $501,000 giving a year-to-date favourable variance of $202,000.

recommendation:	That the summary of investments performance for July 2023 be received and noted; and that the Certificate of the Responsible Accounting Officer be noted and the report adopted.

Purpose of Report

To present Council’s investment portfolio performance for July 2023.

Background

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

Comments

Investment Portfolio Performance Snapshot

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

Cumulative Investment Returns against Budget

The net return on investments for the financial year to 28 July 2023 was $703,000 against the budget of $501,000 giving a year-to-date favourable variance of $202,000 as shown in the table below. The favourable variance is mainly due to higher interest rates than budgeted.

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

Cash Flow and Investment Movements

Council’s total cash and investment portfolio as at 28 July 2023 was $215,067,000 compared to $214,110,000 at the end of June 2023, a net cash inflow of $957,000 mainly due to the first instalment of rates income.

Two investments matured and two new investments were made during the month.

Investment Performance against Industry Benchmark

Overall during the month of July 2023, the investment performance was slightly below the industry benchmark. Recent increases in interest rates announced by RBA have quickly been reflected in the benchmark rate, while Council’s current investments portfolio dominated by term deposits take longer to reflect a rate change.

The benchmark is specific to the type of investment and the details are provided below. AusBond Bank Bill Index is used for all Council’s investments.

Table 1 - Investments Performance against Industry Benchmarks

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

Table 2 - Investments Portfolio Summary during July 2023

* Weighted average returns.

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

*** Market Values as at 28 July 2023 were not available at the time of writing the report.

Investment by Credit rating and Maturity Profile

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

integrated planning and reporting

Leadership & Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

Council maintains and improves its long term financial position and performance

Continue to analyse opportunities to expand the revenue base of Council

Governance Matters

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

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

(1) The responsible accounting officer of a council:

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

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

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

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

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

Risk Management

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

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

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

Financial Considerations

The budget for interest on investments for the financial year 2023/2024 is $5,896,800. Of this amount approximately $3,650,400 is restricted for the benefit of future expenditure relating to development contributions, $873,600 transferred to the internally restricted Infrastructure & Facility Reserve, and the remainder of $1,372,800 is available for operations.

Social Considerations

Not applicable.

Environmental Considerations

Not applicable.

Community Consultation

None undertaken or required.

Internal Consultation

None undertaken or required.

Certification - Responsible Accounting Officer

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

Summary

As at 28 July 2023:

· Council’s total cash and investment portfolio is $215,067,000.

· The net return on investments for the financial year to the end of 28 July 2023 was $703,000 against the budget of $501,000 giving a year-to-date favourable variance of $202,000. The favourable variance is mainly due to higher interest rates than budgeted.

Recommendation:

That:

A. The summary of investments and performance for July 2023 received and noted.

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

Tony Ly

Financial Accounting Officer

Angela Apostol

Manager Finance

David Marshall

Director Corporate

Ordinary Meeting of Council - 15 August 2023	GB.9 / 1

Item GB.9	S14166

Social Impact Assessment Policy
Review and Update

EXECUTIVE SUMMARY

purpose of report:	For Council to endorse the updated draft Ku-ring-gai Council Social Impact Assessment Policy for public exhibition.

background:	Council’s policies are regularly reviewed to ensure they remain current. The Ku-ring-gai Council Social Impact Assessment Policy was created in 2015 and is now due for a review.

comments:	The review has resulted in some minor amendments to the Policy including: · reformatting to improve its legibility; · updating references to relevant legislation, policies and guides; · inclusion of further information, including definitions, to clarify the requirements of a social impact assessment.

recommendation: (Refer to the full Recommendation at the end of this report)	That Council endorse the updated draft Ku-ring-gai Council Social Impact Assessment Policy (Version 2) for public exhibition.

Purpose of Report

For Council to endorse the updated draft Ku-ring-gai Council Social Impact Assessment Policy for public exhibition.

Background

The Social Impact Assessment Policy was originally formulated when more varied development types and larger volume developments were enabled under the Ku-ring-gai Local Environmental Plan (Local Centres) 2012, now amalgamated into the current Ku-ring-gai Local Environmental Plan 2015.

In turn, related controls were introduced into the Ku-ring-gai Development Control Plan (KDCP) to support the KLEP 2015. Section C Part 23.1 of the KDCP provides the overriding principles for the assessment of social impact and relies on Council’s Social Impact Assessment Policy for detailed guidelines and considerations.

The Ku-ring-gai Council Social Impact Assessment Policy was created in 2015. Council’s policies are regularly reviewed to ensure they remain current, as such this Policy is now due for a review.

Comments

As part of the review process, a comparison with other local Council social impact assessment policies was undertaken. The policies studied included those from Parramatta Council, Liverpool Council, Waverley Council and Port Macquarie-Hastings Council. The NSW Department of Planning and Environment’s policy relating to consideration of social impacts arising from state significant projects was also considered.

At this time only minor housekeeping amendments are proposed to the Ku-ring-gai Social impact Assessment Policy. A wider review and amendment may be required when the Ku-ring-gai Local Environmental Plan 2015 is updated.

The review of Council’s Social Impact Assessment Policy has resulted in some minor amendments including:

· reformatting to improve its legibility;

· updating references to relevant legislation, policies and guides; and

· inclusion of further information, including definitions, to clarify the requirements of a social impact assessment.

The updated draft Social Impact Assessment Policy (Version 2) may be viewed at Attachment A1. The Policy comprises 3 sections as follows:

1. Preliminary – which includes definitions, legislative requirements and where the Policy applies;

2. Policy – which outlines the background, purpose and principles of a social impact assessment, the approach and the level of assessment required for different types of proposals. In particular, it provides guidance on when a formal Statement of Social Impact, resulting from the social impact assessment, will be required;

3. Guidelines – for preparing a Statement of Social Impact, and examples of common errors and best practice. This will guide both proponents preparing these documents and Council in reviewing them.

integrated planning and reporting

Theme 6: Leadership

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

L4.1: The organisation provides ethical and transparent decision-making, efficient management, and quality customer service.

L4.1.2: Council’s Governance framework is developed to ensure probity and transparency.

L4.1.2.4: Review policies, delegations and authorisations to support good decision-making and compliance with changing legislation and guidelines.

Governance Matters

The adoption and application of the draft Social Impact Assessment Policy will support Council in adequately fulfilling its range of legislative requirements in the fair assessment of proposals, both from private proponents and for Council’s own works.

Risk Management

Providing a framework for the consideration of social impacts will reduce the risk of omitting consideration of particular impacts in the assessment of proposals. The draft Policy supports an evidence-based consideration of broad community impacts leading to an improved ability to predict the outcomes of a proposal.

Financial Considerations

The draft Policy outlines when a formal Statement of Social Impact will be required. While there is time and expense involved in the preparation of a Statement of Social Impact, this needs to be balanced against the broader community implications of inadequate assessment. The Policy requires only larger and/or specific proposal types to provide a formal Statement of Social Impact.

Other smaller proposals will still need to conduct a social impact assessment, but this can be done within the existing proposal frameworks – for example within a Statements of Environmental Effect. This will result in no or minimal additional cost to proponents.

The cost for the review of the Social Impact Assessment Policy is covered by the Urban Planning and Heritage budget.

Social Considerations

The adoption of a Social Impact Assessment Policy will encourage adequate consideration of the potential social impacts of a proposal, including any mitigating actions. The policy aims to deliver improved social outcomes within the Ku-ring-gai LGA.

Environmental Considerations

Environmental considerations are already addressed in the current legislative and Council policy regime. The Social Impact Assessment Policy supports environmental considerations and the population’s access to healthy environments.

Community Consultation

It is recommended that the draft policy be exhibited for a period of 28 days and be published on Council’s website. Any comment received from the community will be reported back to Council post-exhibition.

Internal Consultation

The amendment to the Policy has been discussed within the Urban Planning team. It is expected that other Council departments may provide further comment during the exhibition period.

Summary

This report includes a draft Ku-ring-gai Social Impact Assessment Policy (Attachment A1) for Council’s consideration, with a view to its public exhibition. The Ku-ring-gai Social Impact Assessment Policy was developed in 2015 in response to the inclusion of greater density land-use potential in the KLEP 2015, and associated controls in the Ku-ring-gai Development Plan.

Council’s policies are regularly reviewed to ensure they remain current, as such this Policy is now due for a review. The review has been completed and a draft update of the Ku-ring-gai Social Impact Assessment Policy is proposed for exhibition.

Recommendation:

A. That Council endorse the amended draft Social Impact Assessment Policy (Version 2) for public exhibition.

B. That Council exhibit the draft policy for a period of 28 days, as outlined in the report.

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

Rathna Rana

Senior Urban Planner

Craige Wyse

Team Leader Urban Planning

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:

A1⇩

Draft Social Impact Assessment Policy - Version 2

2020/147909

Ordinary Meeting of Council - 15 August 2023	GB.10 / 1

Item GB.10	S13203

Review of the HOA - Ku-ring-gai High School Joint Use Project

EXECUTIVE SUMMARY

purpose of report:	To update Council on the status of works at Ku-ring-gai High School (KHS) as part of the proposed tripartite project for the replacement of the synthetic pitch, upgraded lighting and amenities, and car parking.

background:	At its meeting of 21 March 2023 Council considered a report to determine if it wished to participate in a tripartite project for the replacement of the synthetic pitch, along with upgraded parking and amenities at Ku-ring-gai High. If Council chose to participate in the project, a draft Heads of Agreement (HoA) was attached to that report for consideration and execution. Council resolved: A. That staff provide a confidential report to Council on the results of the hockey tender process once completed and made available to council staff. B. That the Review of the HOA - Ku-ring-gai High School Joint Use Project be brought to Council at the meeting following the report on the hockey tender process.

comments:	SINSW is soon to commission works packages for all components of the project at KHS to be funded by the NSBHA and DoE/SINSW. There are no impediments to Council finalising its role in the project.

recommendation: (Refer to the full Recommendation at the end of this report)	That Council receive and note this report on the status of works at KHS as part of the proposed tripartite project for the replacement of the existing synthetic pitch, upgraded lighting and amenities, and car parking and note that a further report on the draft Heads of Agreement will be presented to Council’s Ordinary meeting in October.

Purpose of Report

Background

At its meeting of 21 March 2023, Council considered a report to determine if it wished to participate in the tripartite project for the replacement of the synthetic pitch at Ku-ring-gai High, along with upgraded lighting, parking, and amenities. In the event that Council chose to participate in the project, a draft Heads of Agreement (HoA) was attached to that report for consideration and execution.

On consideration of the matter Council resolved, inter alia:

(Moved: Councillors Lennon/Spencer)

A. That staff provide a confidential report to Council on the results of the hockey tender process once completed and made available to council staff.

B. That the Review of the HOA - Ku-ring-gai High School Joint Use Project be brought to Council at the meeting following the report on the hockey tender process.

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

Against the Resolution: Councillors A. Taylor and G. Taylor

There is no general exemption in section 10A of the Local Government Act 1993 justifying why the whole of this report should be confidential. Specific details relating to the SINSW tender pricing for various elements of the project should, however, be kept confidential being“(d) commercial information of a confidential nature that would, if disclosed— (i) prejudice the commercial position of the person who supplied it……..”

Comments

Status of Works

SINSW is progressing works at Ku-ring-gai High School in three works packages as follows:

· Upgrade to field lighting has been commissioned;

· field of play upgrade tender has been awarded following an extensive Value Engineering (VE) process to identify cost savings within that component of the project. Work is due to commence in the coming months to be co-ordinated with the HSC and trial HSC as priorities of the School; and

· upgrades to the amenities building are in negotiation to finalise design and scope of work.

Confidential Attachment A1 includes the pricing for the field of play works package as awarded, as well as a list of items that have been value engineered on the project.

Confidential Attachment A2 includes details of the amenities upgrade package as documented at the time of writing.

Draft Ku-ring-gai Council Open Space and Recreation Needs Study

At its meeting of 20 June 2023 Council adopted the draft Ku-ring-gai Council Open Space and Recreation Needs Study (draft recreation needs study) for public exhibition. At the time of writing this report had not yet been placed on public exhibition.

The draft recreation needs study identifies five key “needs” for Ku-ring-gai LGA’s open space and recreation network, for implementation and delivery from now to 2041. These needs and opportunities directly inform the development of the future Ku-ring-gai Open Space and Recreation Strategy:

Need 5 - Continued local and regional partnerships and collaboration is unambiguous about the requirement for Council to engage with a broad range of partners in the delivery of open space facilities and opportunities for the whole community:

Council can’t meet all public open space and recreation needs alone and ongoing partnership with local and regional stakeholders will be important to enable sharing, understanding and shared access.

The Ku-ring-gai LGA has many sporting clubs, recreation groups, and public and private schools with sports and recreation facilities.

Collaboration with these groups will ensure that the facilities are well cared for and utilised, and uncover opportunities for shared use. Developing ongoing partnerships can also help to build trust and ensure transparent decision-making.

Furthermore, these stakeholders expressed a strong desire for increased opportunities to work in collaboration with Council to holistically plan for sporting and recreation needs.

Coordinated and aligned planning to meet regional recreation needs

The Ku-ring-gai LGA has neighbouring councils with similar challenges to meet growing demands for sports and recreation.

As Ku-ring-gai LGA’s population grows and demand for diverse open spaces and recreation activities deepens, it will be important for Council to work collaboratively with stakeholders to identify innovative solutions to shared challenges, in the LGA and across borders.

This project, as well as other current Council projects such as the St Ives High School Joint Use Indoor Courts, the Norman Griffiths synthetic turf upgrade, and proposed construction of a new grandstand and associated facilities at the North Turramurra Recreation Area Northern with Suburbs Football Association (NSFA) are exactly the type of projects anticipated to satisfy this “need” for continued local and regional partnerships and collaboration.

Such collaboration is nothing new for this Council (or other councils). The synthetic turf upgrade and associated facilities at Charles Bean Oval, as well as many other projects delivered in the intervening period, are all emblematic of the arrangements required to “collaborate” with partners. All these projects involved significant sporting club volunteers time and monetary investment.

Specifically in respect of Hockey, the draft recreation needs study prepared by CRED Consulting states:

Hockey

Participation data provided by Hockey NSW shows that overall, participation has decreased between 2017 and 2022.

For Northern Sydney and Beaches, participation has decreased from a total of 1,839 in 2017 to 1,256 in 2022 (- 583 participants).

For North West Sydney, participation has decreased from a total of 1,822 in 2017 to 1,667 in 2022 (- 155 participants).

For members in Ku-ring-gai LGA playing in other associations, membership has remained stable with 202 participants in 2017 and 189 participants in 2022.

Overall, females are more likely to play Hockey when compared to males.

integrated planning and reporting

Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

P6.1.2: Partnerships are established with community groups and organisations to optimise the availability and use of sporting, recreation and leisure facilities

P6.1.2.1: Engage with community partners to improve sporting, leisure and recreational facilities through partnerships, grant funding and other external funding opportunities.

Governance Matters

In general terms the draft HOA presented to Council at its 21 March 2023 meeting was a non-binding agreement between all parties with a number of specific exemptions, these being the clauses titled Confidentiality, Publicity and Costs. Consequentially the whole report presented to Council confidential.

While the HoA has not been executed, it has been prepared in an environment that is the subject of confidentiality agreements between the various participants being the Department of Education/SINSW, Council and NSBHA.

Publicity of the type reflected in the below article from the Northern Sydney and Beaches Hockey Association website, which appears to be critical of Council, could not be said to be either constructive or in the spirit of the draft HoA.

At the time of writing this report, the above article was still accessible on the NSBHA website.

Risk Management

There are no risks to Council specifically arising from this report, unless Council sees fit to deal directly with the draft Heads of Agreement (HoA) attached to the 21 March 2023 Council report (C1 Attachment A1), reproduced here as Confidential Attachment A3.

The works packages discussed in this report are being funded by Hockey and the DoE and are being managed by SINSW under a number of agreements between those parties and the NSW Office of Sport to which Council is not a party.

As the Heads of Agreement is not binding (other than the confidentiality, publicity and costs and expenses provisions), Council may decide not to proceed with the project should the matters (or others) not be satisfactorily resolved in the Project Deed or the Licence.

Financial Considerations

There are no financial obligations on Council specifically arising from this report, unless Council sees fit to deal directly with the draft Heads of Agreement at this juncture, in which case the Minter Ellison Draft Risk Review attached to the 21 March 2023 Council report (C1 Attachment A4), reproduced here as Confidential Attachment A4 would be germane to Council’s consideration.

The project is being funded through a NSW Office of Sport – Sporting infrastructure Grants ($2,720,000), NSBHA funding ($480,000) and a Council contribution for specific carpark works ($1,000,000) totalling $4,200,000.

Social Considerations

Noting that work on this project started conceptually some time ago, it is being carried out under the broad terms of an MoU between Council and the Department of Education through School Infrastructure NSW (SINSW) and adopted by Council in November 2021. That MoU allows both parties to explore a partnership arrangement for cross-sharing resources and knowledge to the benefit of schools and the local community.

In the event suitable public access arrangements can be negotiated with the Department of Education and NSBHA, the inclusion of a new synthetic surface at Ku-ring-gai High School will provide increased social benefits for the community and enable better utilisation of facilities. This is discussed above in the section of the report dealing with the Draft Ku-ring-gai Council Open Space and Recreation Needs Study.

The site has been used as a synthetic sports field for some 30 years and additional impacts are anticipated to be minimal. Existing parking pressure on local streets would only be alleviated by the provision of additional on-site parking. This is Council’s proposed contribution to the project.

Environmental Considerations

There are no environmental considerations for Council specifically arising from this report. Requisite approvals and/or environmental review is a matter for SINSW for all three works packages discussed in this report.

Car parking elements of the project require approval under Part IV of the Environmental Planning and Assessment Act 1979, for which Council would be responsible for obtaining.

Development, use and operation of works from the three works packages discussed in this report will occur irrespective of whether development consent is obtained for the car park upgrade works package. Approval and implementation of this package simply leads to better containment of impacts on-site and hence reduced impact on the local community.

Community Consultation

There are no community consultation obligations for Council specifically arising from this report. Requisite notifications for the works packages discussed in this report, where necessary, are to be carried out by SINSW, as required by ordinary governmental procedures for project approvals.

Community consultation in relation to the car park improvement elements of the project would only occur as part of formal assessment of the project under Part IV of the Environmental Planning and Assessment Act 1979.

Internal Consultation

Council’s Operations, Corporate, and Strategy & Environment departments are aware of this matter.

Summary

SINSW is progressing works at Ku-ring-gai High School in three works packages as follows:

· Upgrade to field lighting has been commissioned;

· upgrades to the amenities building is currently still in negotiation to finalise the design and scope of work.

In order to proceed with this joint project, thereby accepting the risks, costs and benefits associated with the project as discussed in this report and the report to Council of 21 March 2023 (Item C.1) particularly the ongoing operational obligations on Council for the life of any Licence Agreement, there are no impediments to Council now determining if it wishes to execute a Heads of Agreement for this project.

Recommendation:

A. That Council receive and note the report on the status of works at Ku-ring-gai High School as part of the proposed tripartite project for the replacement of the synthetic pitch, upgraded lighting, amenities, and car parking.

B. That in accordance with its resolution of 21 March 2023 for split reporting on this matter and custom and practice in relation to scheduling of Mayoral Elections, Council notes that a further report on the draft Heads of Agreement will be presented to Council’s October meeting rather than the September meeting.

Andrew Watson

Director Strategy & Environment

Attachments:	A1	Draft Scope of Works	Confidential
	A2	Value Engineering Identification	Confidential
	A3	Heads of Agreement - Joint Use - Ku-ring-gai Council and NSBHA	Confidential
	A4	Minter Ellison Draft Risk Review	Confidential

Ordinary Meeting of Council - 15 August 2023	GB.11 / 1

Item GB.11	S13590

The Glade, Wahroonga - Amenities Building Relocation

EXECUTIVE SUMMARY

purpose of report:	To seek Council’s endorsement of the proposed relocation of the amenities building at The Glade, Wahroonga.

background:	The original amenities building was removed after storm damage in 2020 and the replacement building is awaiting installation.

comments:	This report outlines the case for relocating the amenities building from its previous location to a new location on the eastern side of the oval.

recommendation:	That Council endorse the proposed location for a new amenities building, as described in this report, on the eastern side of the oval at The Glade, Wahroonga

Purpose of Report

To seek Council’s endorsement of the proposed relocation of the amenities building at The Glade, Wahroonga.

Background

The original amenities building was removed after significant storm damage in 2020 and the replacement building is awaiting installation. Due to delays in adoption of the landscape masterplan for The Glade, this report seeks to gain endorsement for the relocation of the building from its original location to the eastern side of the oval ahead of formal adoption of the masterplan. Timeframes for the insurance claim on the building and a lack of storage space for the prefabricated elements of the new building necessitate the prioritisation of the installation.

Comments

The original amenities building for The Glade was located on the western side of the oval adjacent to Koora Avenue with a separate storage building located close by. A tree fell on the building during a storm event in 2020, and it was subsequently demolished. A temporary demountable facility was installed soon after, in the same location as the original, and has been in place since then.

Figure 1 – demolition of origial amenities building

A small white shed in a grassy area

Description automatically generated

Figure 2 -Temporary demountable facility

The replacement of the amenities block will be funded by an insurance claim. The new building was to be installed in the same location as the original; however, the master planning process has highlighted the benefits of relocating the facility. The key benefits are:

· Connection to sewer - Firstly, in the new location on the eastern side of the oval would allow the amenities to be easily and cost-effectively connected to an existing sewer line that runs below along the eastern side of the reserve.

· Removal of septic tank - Secondly, connection of the amenities to the sewer would allow removal of the septic tank. The tank is currently located on the uphill side of the bushland reserve resulting in downstream environmental impacts associated with nutrient rich effluent. The connection of new amenities building to the sewer main will provide significant environmental benefits.

· Improved access and visibility – the proposed location will offer better passive surveillance and improved access for maintenance vehicles. Maintenance vehicles access the Glade from Tanderra Street, and the new location will mean they do not need to track across the oval.

· Better location for cricket nets - relocation of the amenities building creates an empty space on the western side of the field for new cricket practice nets in a more visible and accessible location, directly adjoining the playing field. Relocation of the nets is considered necessary because the current location is heavily shaded which causes algal build-up on the synthetic surface which is difficult for maintenance staff to clean.

Alternative locations for the amenities building were explored and reported to Council, however they were not pursued due to being cost prohibitive. Extensive retaining walls would have been required or would have necessitated multiple tree removals.

A map of a neighborhood

Description automatically generated

Figure 3 – Original location and proposed location of amenities building on eastern side of oval

adjoing existing sewer line

A fenced path with trees and grass

Description automatically generated

Figure 4 – Current location of cricket nets showing difficulty of access to playing field

integrated planning and reporting

THEME 3, Issue P6: Enhancing recreation, sporting and leisure facilities

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

P6.1.1: A program is implemented to improve existing recreation, sporting and leisure facilities and deliver new multi-use sporting facilities and opportunities.

P6.1.1.2: District Park landscape masterplans are prepared to inform the forward Open Space Capital Works Program

Governance Matters

While there is no statutory obligation to prepare landscape masterplans for any council facilities, as a matter of best practice this Council prepares landscape masterplans for “district parks” and “regional parks”. Council develops landscape masterplans to be open and accountable for its long-term plans for particular spaces and facilities and to assist in developing grant applications for augmentation of otherwise limited Council budgets. The masterplan process has identified this proposed alternative location for the amenities building as the most appropriate for the site.

Risk Management

Degraded facilities can foster vandalism and lack of ownership by the community. The risk of vandalism is the high cost of repairs or replacement, damaged facilities presenting a hazard to park users, and the nuisance and inconvenience whilst repairs are undertaken. Reducing vandalism reduces Council’s risk. Improving a facility increases ownership, vigilance, use and interest from the community and assists to reduce vandalism. By installing the new amenities building at this proposed location, the building will be more visible and more accessible.

Financial Considerations

The funding for the relocation of the amenities building will be through an insurance claim. Costs associated with providing a connection to the existing sewer main in the proposed location are significantly less than if it were to be connected in the original location.

Social Considerations

The community has been subject to utilising a demountable facility since the demolition of the building in 2020. A new, better located facility will benefit the park users and improve community safety through improved passive surveillance.

Environmental Considerations

The potential public health risks of using antiquated septic systems can lead to exposure to bacteria, viruses, parasites and other disease-causing organisms from raw sewage and the potential ground and surface water contamination. The connection of new amenities building to the sewer main will provide significant environmental benefits.

Community Consultation

Community consultation has been conducted associated with location of the amenities facility as part of The Glade Landscape Masterplan process.

Internal Consultation

Internal consultation has been undertaken in the process of preparing the landscape masterplan with relevant staff in Community, Strategy and Environment, and Operations. This process has highlighted the need for the amenities building to be located on the eastern side of the oval and connected to sewer.

Summary

This report recommends installing the new amenities building on the eastern side of The Glade playing field consistent with the draft Landscape Masterplan. Officers do not recommend installation of a new building in the original location due to financial, environmental, maintenance and safety considerations.

Due to the delay in endorsement of the landscape masterplan, this report has been brought forward to enable timely installation of the new amenities building.

Recommendation:

That Council endorse the proposed location for a new amenities building, as described in this report, on the eastern side of the oval at The Glade, Wahroonga.

Fleur Rees

Senior Landscape Architect

Bill Royal

Team Leader Urban Design

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Ordinary Meeting of Council - 15 August 2023	GB.12 / 1

Item GB.12	S14241-3

Lindfield Soldiers Memorial Park - Proposed Joint Venture for Clubhouse Renovation

EXECUTIVE SUMMARY

purpose of report:	To consider a proposal from the Lindfield Rugby Club Inc., the Lindfield Juniors Rugby Club Inc., and the Lindfield District Cricket Club Inc. (the Clubs) to renovate the existing Clubhouse at Soldiers Memorial Park, Tryon Road, East Lindfield.

background:	In early 2020 the Clubs went through a pre DA process for significant additions and alterations to the existing Clubhouse. Formal feedback was taken on board by the Clubs, resulting in a much more modest proposal which benefits the Clubs and the broader community. The nature of the changes and the opportunity for broader public benefit warrants a change in approvals pathway from Part IV to Part V.

comments:	The Clubs have sought various authorisations from Council and identification of an appropriate pathway to achieve the renovation the existing Clubhouse. There are a number of decisions Council needs to make at this juncture, and others such as specific quantum of funding from Council which can be deferred. In supporting the project Council would, however, be acknowledging that at some stage in the short term it would need to allocate funds to the Proposed Works.

recommendation: (Refer to the full Recommendation at the end of this report)	That Council supports in-principle the proposal from the Clubs to renovate the existing Clubhouse at Soldiers Memorial Park, East Lindfield, as broadly documented in plans and specifications attached to this report.

Purpose of Report

Background

In early 2020 the Clubs went through a pre DA process for significant additions and alterations to the existing Clubhouse (PRE0010/20). Formal feedback to that proposal was quite critical of the design approach. The Pre Development Application report dated 20 April 2020 states in part:

Aesthetics/Design Approach

Significant concern is raised with the design approach for the alterations and additions and the resultant aesthetics of the completed building. In its current form the design could not be supported. The design has not had due regard for the design and layout of the existing building and how it sits within the topography of the site. The design appears to have been prepared by adding new structures to the existing building with little regard as to how the new structures integrate with the existing building to provide a coherent and aesthetically pleasing building.

The Clubs took that feedback on board, revisiting their requirements, amending the design and submitted a further Pre DA application (PRE0126/21). Informal advice was ultimately provided as an extension of the initial 2020 pre DA process, with a formal pre DA report not being issued.

The following comment from the independent planner dealing with the amended proposal:

I am so much happier with this design. It is more respectful of the existing building, has a far superior presentation to the car park and will provide a significantly higher level of amenity for users. Whilst I haven’t spent a lot of time reviewing the details, the built form is now appropriate and any other minor details (if any) could be sorted out during assessment of the DA.

Irrespective of the Clubs bringing forward a proposal at this point in time, and notwithstanding that the existing clubhouse has recently undergone reroofing works, it is nearing the end of its useful life and would need significant investment regardless. The building was not purpose built in the first instance, and warrants investment to bring it up to modern legislative standard and to meet changing community expectations and increasing female participation in sport. Like all old buildings in Council’s portfolio, maintenance of the existing clubhouse is becoming increasingly expensive.

Council is currently undertaking a functional assessment of its buildings. The criteria for building upgrade prioritisation applied in this assessment ultimately ranks all buildings 1-10, the higher the score, the higher the priority to upgrade the building. The subject building at this point in the assessment process has been ranked 9, making it a high priority.

Working with the Clubs to achieve their specific requirements also allows for broader public benefit.

Schematics of the Clubs concept appear at Figures 1 and 2 below.

Figure 1

Figure 2

Draft Ku-ring-gai Council Open Space and Recreation Needs Study

Need 2: Increased capacity, quality, and flexibility of sports spaces:

As land for new sports spaces may not be feasible, there is a need to improve the capacity and quality of what Council already has, with quality identified as the biggest barrier to increasing sports participation (59% of stakeholders surveyed) including: inability to cope with wet weather; lighting, amenities, maintenance, safety, and unfit facilities for female participation.

Need 5 - Continued local and regional partnerships and collaboration is unambiguous about the requirement for Council to engage with a broad range of partners in the delivery of open space facilities and opportunities for the whole community:

The Ku-ring-gai LGA has many sporting clubs, recreation groups, and public and private schools with sports and recreation facilities.

Furthermore, these stakeholders expressed a strong desire for increased opportunities to work in collaboration with Council to holistically plan for sporting and recreation needs.

Coordinated and aligned planning to meet regional recreation needs

The Ku-ring-gai LGA has neighbouring councils with similar challenges to meet growing demands for sports and recreation.

This project, as well as other current Council projects such as the St Ives High School Joint Use Indoor Courts, the Ku-ring-gai High School synthetic turf upgrade, the Norman Griffiths synthetic turf upgrade, and proposed construction of a new grandstand and associated facilities at the North Turramurra Recreation Area with Northern Suburbs Football Association (NSFA) are the type of projects anticipated to satisfy this “need” for continued local and regional partnerships and collaboration.

Such collaboration is nothing new for this Council. The synthetic turf upgrade and associated facilities at Charles Bean Oval provided in cooperation with the Commonwealth Defence Housing Authority, as well as many other projects delivered in the intervening period, are all emblematic of the arrangements required to “collaborate” with partners. Many of these projects involved significant sporting club volunteers time and monetary investment.

Specifically in respect of Rugby Union, the draft recreation needs study prepared by CRED Consulting states:

Rugby Union Ku-ring-gai Council contacted all sporting associations between April to September 2022. The state association for Rugby Union did not respond to this request for data

It is hoped that data will be provided by NSW Rugby now that the draft Ku-ring-gai Council Open Space and Recreation Needs Study is on public exhibition.

Specifically in respect of Cricket, the draft recreation needs study prepared by CRED Consulting states:

Cricket Participation data received from Ku-ring-gai Council shows trends for Cricket in the Ku-ring-gai LGA are decreasing overall, with the exception of the 9 to 17 years age bracket. • Participation for age group 5 to 8 is decreasing overall with 423 total participants in 2017/18 and 275 total participants in 2021/22 (-148 participants). • Participation rates for age group 9 to 17 is increasing overall, with 1,315 total participants in 2019/20 and 1,526 total participants in 2021/22 (+ 211 participants). • Participation rates for Senior cricket are decreasing overall, with 2,416 total participants in 2019/20, and 1,710 total participants in 2021/22 (- 706 participants). The increase seen in age groups 9 to 17 is likely due to higher levels of cultural diversity in the LGA. Overall, in the Ku-ring-gai LGA, males are more likely to participate in Cricket, when compared to females.

In their proposal, and in the absence of data provided by the State rugby association, the three clubs have provided membership numbers as follows:

Comments

The Proposed Works for which the Clubs are seeking Council support are:

· To upgrade the existing changeroom facilities adjacent to Ovals 1 and 2;

· provide ambulant and disabled access to the clubhouse and its public toilets and to ensure that the clubhouse facilities are compliant with modern building codes and safety standards; and

· to provide improved and upgraded clubhouse facilities for the benefit all users.

The Clubs full submission is at Attachment A1. The proposal is submitted by the Clubs as being “appropriate, necessary and beneficial to all users of the Site, not just the Applicants”.

Approvals Sought

Paraphrasing what the Clubs have asked for, it boils down to Council identifying and supporting a pathway to achieve the three objectives set out above.

There are a number decisions Council needs to make at this juncture, and some others, such as funding, which can be deferred. In supporting the project Council would be acknowledging, however, that at some stage in the near term it would need to allocate specific funds to the Proposed Works for its yet to be agreed share.

The clubs specifically seek the following five decisions or commitments from Council:

1. Council grant all necessary consents and/or support to the Applicants and/or Council staff (as appropriate) to obtain landowners consent from the Crown for the lodgement of plans for the Proposed Works as a development application, in substantially the same form as those accompanying this submission.

Council Comment

The proposal now before Council is significantly reduced in scope than previously proposed by the Clubs. The opportunity for also exists for Council involvement in upgrade works for which it would be responsible at some point in the future. Given this, there exists an opportunity to carry out an environmental review under Part V of the Environmental Planning and Assessment Act, 1979 for the works rather than by way of development consent under Part IV of the Act. This should translate to significant cost and time savings for the Clubs. The significant documentation carried out by the clubs to this point can be used as the basis for an REF.

Council will seek approval of the Crown in relation to preparation of an REF.

2. For a period three (3) years from the date of this resolution being passed or such other adequate period approved by Council, Council and/the Crown grant standing consent and/or approval to the Applicants to prepare and lodge grant applications with third parties (both government and non-government bodies) in seeking financial support for the Proposed Works .

Council Comment

As Crown land manager Council will seek approval of the Crown for the Clubs to seek grants for the works broadly detailed in the plans at Attachment A2.

3. Council grant consent and/or approval for Council staff to negotiate an appropriate project heads of agreement between the Applicants and Council in relation to the Proposed Works, the final form of which is subject to Council approval.

Council Comment

Construction and project management would be carried out by Council, with tenders only being sought after all financial contributions from the Clubs are transferred to Council (including any grant funds obtained in the future). Any grant applications made by the Clubs should clearly indicate that the works are to be implemented by Council under Council’s ordinary procurement processes.

At this point in time, it is not anticipated that a project heads of agreement (HoA) will be required for this project. If this position alters, preparation of a HoA can occur as an operational matter for later endorsement of Council.

4. Council grant consent and/or approval for Council staff to negotiate an appropriate heads of agreement between the Applicants and Council in relation to ongoing licence arrangements to come into effect following completion of the Proposed Works, the final form of which is subject to Council approval.

Council Comment

Arrangements this type are operational in nature and are facilitated within the context of Council’s Management of Community and Recreation Facilities policy. There are no extenuating circumstances in this case which necessitate deviation from this approach.

5. Council allocate an appropriate financial contribution towards the cost of the Proposed Works following development approval being obtained (Refer to Section I below).

Council Comment

As an identifiable project, this proposal is currently unfunded in Council’s Long Term Financial Plan. Specific funds for the scope of work proposed by the Clubs are not currently available. It forms part of a pool of building assets that are funded as part of Council’s ordinary asset maintenance and replacement and constitutes part of Council’s ordinary asset maintenance backlog. Alternately, it could form part of a package or backlog projects to be funded as part of a future Special Rate Variation, consideration of which was recently deferred by Council.

Grant funding programs offering funding of a substantial nature for the most part require projects to be “shovel ready”, which this project is not, and a contribution of at least 50% of total costs.

In supporting this project Council is acknowledging that it would need to make an appropriate financial contribution at a future point in time, possibly in the 2023/2024 financial year after finalisation of an REF.

integrated planning and reporting

Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

P6.1.1: A program is implemented to improve existing recreation, sporting and leisure facilities and deliver new multi-use sporting facilities and opportunities.

P6.1.2: Partnerships are established with community groups and organisations to optimise the availability and use of sporting, recreation and leisure facilities

P6.1.2.1: Engage with community partners to improve sporting, leisure and recreational facilities through partnerships, grant funding and other external funding opportunities.

Governance Matters

There is a significant divergence between the initial proposal submitted to Council in 2020 and that now sought to be progressed by the Clubs.

Notwithstanding that the existing building is used extensively by the Clubs, this project is markedly different to other joint venture proposals put to Council recently in that there are significant benefits for the broader community by way of amenities upgrades that are available to other users of the site that are not otherwise replicated elsewhere on the site. Further, there are potentially opportunities to rationalise the multiple storage buildings on the site, also of significant benefit to Council.

These factors are sufficient to justify moving the approvals pathway for this project from one of development consent under Part IV of the Environmental Planning and Assessment Act, 1979 (EPA Act) to one of environmental review under Part V of the EPA Act. This would make Council the responsible for environmental review as distinct from the Clubs being responsible for documenting and seeking development consent under Part IV.

State Environmental Planning Policy (Transport and Infrastructure) 2021 (2.73 (3) ) provides for development without consent by or on behalf of a public authority on land owned or controlled by the public authority for, among other things :

(ii) recreation areas and recreation facilities (outdoor), but not including grandstands, and

………..

(vi) amenities for people using the reserve, including toilets and change rooms.

The Clubs have prepared significant documentation which can be used as the basis for preparation of an REF under Part V. Without a thorough examination of all the detail prepared by the Clubs, there may be the requirement for additional documentation such as a Native Title Report.

Risk Management

There are no risk considerations for Council specifically arising from this report.

If a Heads of Agreement is required for this project at some stage in the future, it would be prepared under instruction by Council’s lawyers based on similar such documents recently considered and endorsed by Council.

Financial Considerations

While not specifically identified as a project in Council’s LTFP, Council would have to do work on this building as a matter of course, even if this proposal was not tabled by the Clubs for consideration. The opportunity for an upgrade of facilities is of significant benefit to Council, as is the opportunity to rationalise the multiple storage buildings on the site; the latter issue not having yet been raised with the Clubs to this point.

A specific contribution from Council towards this project is not required at this stage, only being required when the Clubs come to apply for funding in order to fulfil a 50% co-contribution, if required by the grant provider.

Based on the DA Submission Design Estimate prepared for the Clubs (Attachment A3), the Clubs have put forward a hypothetical co-funding structure based on a total project cost (ex. GST) of $1,595,000 as follows:

Contributor	Percentage of Contribution	Limit of Proposed Contribution (excl. GST)
Applicants (jointly)	31.35%	$500,000
Ku-ring-gai City Council	18.65%	$297,500
Grant funding (to be obtained)	50%	$797,500
Total	100%	$1,595,000

The object of the co-funding structure is to demonstrate 50% project funding for the purposes of applying for grants.

Prior to the Clubs applying for grants, Council would need to determine its percentage or actual dollar contribution to the project. The recommendations of this report do not commit Council to the “hypothetical co-funding structure” or a specific dollar contribution.

While the DA Submission Design Estimate provides a good indication of project costs for the purposes of determining CIV (and hence development application fees payable), Council would at various points in time, including immediately pre-tender, prepare its own cost estimates as the basis of procurement.

In the meantime, the Clubs should be encouraged to make submissions at such time as Council exhibits its next Delivery Program and Operational Plan to allow the project to be reflected in Council’s LTFP.

Funds to prepare a Native Title Report and a review of Environmental Factors based on the Clubs existing documentation will be covered by existing Council budgets, with any other specialist advice to be prepared at the cost of the Clubs, only if required.

If Council is not of a mind to allocate funding to this project in the short term it should not support the proposal put to it by the Clubs.

Social Considerations

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

Environmental Considerations

There are no environmental considerations for Council specifically arising from this report.

Significant documentation has been prepared by the Clubs following a formal pre DA process in 2020. The Clubs have significantly modified and documented the project based on this pre DA process (PRE0010/20), including the preparation of a Statement of Environmental Effects, BBF Town Planners (Attachment A 4).

An environmental review would deal with all relevant planning and environmental issues.

Community Consultation

There are no community consultation obligations for Council specifically arising from this report.

Internal Consultation

This project has been discussed at GMD level.

Summary

The Clubs seek to renovate the existing Clubhouse at Soldiers Memorial Park, Tryon Road, East Lindfield with the assistance of Council. The Proposed Works for which the Clubs are seeking Council support are broadly:

· To upgrade the existing changeroom facilities adjacent to Ovals 1 and 2;

· provide ambulant and disabled access to the clubhouse and its public toilets and to ensure that the clubhouse facilities are compliant with modern building codes and safety standards; and

· to provide improved and upgraded clubhouse facilities for the benefit all users.

The existing building is in poor condition and in need of an upgrade which would allow for multi-use and greater public use and benefit.

The project is currently unfunded, and planning approval would provide further opportunities for the Clubs the apply for grant funding.

Recommendation:

That Council:

A. Supports in-principle the proposal from the Lindfield Rugby Club Inc., the Lindfield Juniors Rugby Club Inc., and the Lindfield District Cricket Club Inc. (the Clubs) to renovate the existing Clubhouse at Soldiers Memorial Park, Tryon Road, East Lindfield as broadly documented in plans and specifications attached to this report.

B. As Crown land manager Council seeks approval of the Crown for construction of the works broadly documented in plans and specifications attached to this report, by way of a review of environmental factors under Part V of the Environmental Planning and Assessment Act, 1979.

C. As Crown land manager Council seeks approval of the Crown for the Clubs to apply for grants for the works broadly detailed in the plans at an appropriate time without the need to seek approval of the Crown as landowner for each separate grant application.

D. That Council notes that in supporting this project funds to make its own contribution to the Proposed Works would need to be allocated in a future budget

E. That Council advises the Clubs that ongoing licence arrangements to come into effect following completion of the Proposed Works would be in accordance with Council’s Management of Community and Recreation Facilities policy.

F. Note that funds to prepare a Native Title Report and a Review of Environmental Factors based on the Clubs existing documentation will be covered by existing Council budgets, with any other specialist advice to be prepared at the cost of the Clubs.

G. Communicates its position to the Clubs regarding the need to rationalise multiple storage buildings currently existing on the site.

Andrew Watson

Director Strategy & Environment

Attachments:	A1⇩	Joint Proposal - Clubhouse Soldiers Memorial Park East Lindfield		2023/242319
	A2	Architects design - Soldiers Memorial Park Clubhouse	Plans	2023/242421
	A3⇩	DA Design Estimate - Kengreen Consulting Pty ltf		2023/242587
	A4 ⇩	Statement of Environmental Effects - BBF Town Planners		2023/242588

Ordinary Meeting of Council - 15 August 2023	GB.15 / 1

Item GB.15	S12747

Middle Harbour Northern Catchments Draft Flood Study

EXECUTIVE SUMMARY

purpose of report:	To place the Draft Middle Harbour – Northern Catchments Flood Study on public exhibition.

background:	The Draft Middle Harbour – Northern Catchments Flood Study represents the first stage of the flood risk management process for the Middle Harbour Northern Catchments area. The document outlines the data collection and modelling that has been undertaken to help determine the extent and nature of overland flow and mainstream flooding in the area.

comments:	Consultants BMT were commissioned to undertake the Middle Harbour – Northern Catchments Flood Study in June 2020 and the draft report is now ready to be publicly exhibited. The study area covers an approximately 16.3 km² catchment which drains to the Middle Harbour Estuary and includes the suburbs (or parts) of East Killara, Killara, Gordon, Pymble and St Ives. The study is focused on local overland flooding conditions within the urban environment in response to rainfall.

recommendation:	That Council places the Draft Middle Harbour – Northern Catchments Flood Study on public exhibition for a period of 28 days.

Purpose of Report

To place the Draft Middle Harbour – Northern Catchments Flood Study on public exhibition.

Background

The document outlines the data collection and modelling that has been undertaken to help determine the extent and nature of overland flow and mainstream flooding in the area.

This study has been undertaken with financial and technical assistance from the NSW Department of Planning and Environment (DPE).

Comments

Consultants BMT were commissioned to undertake the Middle Harbour – Northern Catchments Flood Study in June 2020 and have undertaken community consultation and detailed analysis to investigate the nature and extent of flooding in the area.

The study area covers an approximately 16.3 km² catchment which drains to the Middle Harbour Estuary and includes the suburbs (or parts) of East Killara, Killara, Gordon, Pymble and St Ives.

The report outlines the data collection, modelling and results of the flood study, including a comprehensive set of design flood maps to visualise the potential flood inundation and associated flood risks across the study area. This includes peak flood level, depth, velocity, hazard and flood function mapping that are essential for planning, emergency response and management activities.

The report has been prepared with financial and technical assistance from the NSW Government through the Floodplain Management Program.

The draft report was circulated to the Flood Risk Management Committee (FRMC) on 21 July 2023 and discussed at the meeting held on 27 July 2023. The draft report (Attachments A1 and A2) is now ready to be publicly exhibited.

integrated planning and reporting

Community, People and Culture

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

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

Complete flood risk management studies in consultation with Flood Risk Management Committee and investigate priority management actions.

Governance Matters

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

The Flood Risk Management Committee has been consulted on this study.

The NSW Flood Risk Management Manual and the Flood Prone Land Policy (2023) guide local government in understanding and managing flood risk in their communities

Risk Management

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

Financial Considerations

This study has been primarily funded through the NSW Department of Planning and Environment (DPE) with Council funding being shared between the Operations and Strategy and Environment Departments.

Social Considerations

Undertaking flood mapping and associated activities in any area can have a number of implications for property owners and members of the community. The results of flood studies and flood risk management studies and plans can impact on property values, insurance premiums, planning controls and options for future development.

Environmental Considerations

The NSW Flood Risk Management Manual and the Flood Prone Land Policy (2023) guide local government in understanding and managing flood risk in their communities. These documents clearly identify the need for flood risk management to take into account the principles of ecologically sustainable development and to consider ways to “maintain and enhance riverine and floodplain ecology in the development of flood risk management plans”.

Community Consultation

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

When preparing the Draft Middle Harbour – Northern Catchments Flood Study a community newsletter and questionnaire was sent to all residents and owners potentially impacted by the Probable Maximum Flood (6524 letters sent), in September 2020.

A total of 394 responses were received from the survey with feedback and incorporated into the flood study, primarily through the model verification process.

Further details on the consultation undertaken to help inform this study is outlined in the draft report (Attachments A1 and A2) .

Further consultation is planned to be undertaken during the public exhibition period, including a community information session and community engagement opportunities, such as online or appointment-based meetings with council staff and/or consultants.

Residents impacted by Flood Planning Area and PMF tagging maps identified in the study will be directly notified about the public exhibition.

Internal Consultation

Council staff have been nominated to attend the FRM Committee meetings and relevant staff from the Operations, Development and Regulation and Strategy and Environment departments have been consulted throughout the project.

Summary

The Draft Middle Harbour – Northern Catchments Flood Study (Attachments A1 and A2) represents the first stage of the flood risk management process for the Middle Harbour Northern Catchments Area and builds on council’s existing drainage and flooding information. The document outlines the available data and details the flood modelling process undertaken to help determine the nature and extent for flooding and overland flows.

The Draft Middle Harbour – Northern Catchments Flood Study will be publicly exhibited for a period of 28 days, with impacted properties directly contacted. In addition, community information sessions will be undertaken so residents can receive a detailed presentation from the consultants and provide comments and feedback to be incorporated into the final flood study.

Recommendation:

A. That Council places the Draft Middle Harbour – Northern Catchments Flood Study on public exhibition for a period of 28 days.

B. Residents impacted by Flood Planning Area and PMF tagging maps identified in the study are directly notified about the public exhibition.

Craig Naughton

Water & Catchment Program Leader

Jacob Sife

Manager Environment & Sustainability

Andrew Watson

Director Strategy & Environment

Attachments:	A1	Middle Harbour Northern Flood Study BMT - Draft Report - Volume 1	Excluded	2023/228243
	A2	Middle Harbour Northern Flood Study BMT - Draft Report - Volume 2	Excluded	2023/228248

Ordinary Meeting of Council - 15 August 2023	MM.1 / 1

Item MM.1	CY00817

Ordinary Meeting of Council - 15 August 2023	GB.2 / 1

Item GB.2	EM00041/11

Attachments:	A1⇩	LGNSW 2023 Annual Conference Motions Submissions Guide		2023/243789
	A2⇩	Proposed motion - Setting Development Assessment Fees in line with Cost Recovery		2023/243903

Ordinary Meeting of Council - 15 August 2023	GB.4 / 1

Item GB.4	EM00041/11

Ordinary Meeting of Council - 15 August 2023	GB.5 / 1

Item GB.5	S09112/12
	28 July 2023

Ordinary Meeting of Council - 15 August 2023	GB.8 / 1

Item GB.8	S10762

Ordinary Meeting of Council - 15 August 2023	GB.13 / 1

Item GB.13	S13163

Ordinary Meeting of Council - 15 August 2023	GB.14 / 1

Item GB.14	CY00413/11

Ordinary Meeting of Council - 15 August 2023	NM.1 / 1

Item NM.1	CY00216/15

Ordinary Meeting of Council - 15 August 2023	NM.2 / 1

Item NM.2	S13678-1