Ordinary
Meeting of Council
TO
BE HELD ON Tuesday, 21 November 2023 AT 7:00PM
Level
3, Council Chamber
Agenda
** ** ** ** ** **
NOTE:
For Full Details, See Council’s Website –
https://www.krg.nsw.gov.au under the
link to business papers
The Livestream can be viewed here:
https://www.krg.nsw.gov.au/Council/Council-meetings/Council-meeting-live-stream
Disclaimer: All Ku-ring-gai Council Ordinary Meetings of
Council are livestreamed for on-demand viewing on the KRG website. Although
Council will do its best to ensure the public is excluded from the livestream,
Council cannot guarantee a person’s image and/or voice won’t be
broadcast. Accordingly, attendance at Council meetings is considered consent by
a person for their image and/or voice to be webcast. Council accepts no
liability for any damage that may result from defamatory comments made by
persons attending meetings. As per clause 15.21 of Council’s Code of
Meeting Practice, a person must not live stream or use an audio recorder, video
camera, mobile phone or any other device to make a recording or photograph of
the proceedings of a meeting of the council or a committee of the council without
the prior authorisation of the council.
In accordance with clause 3.23 of the Model Code of Meeting Practice,
Councillors are reminded of the oath or affirmation of office made under
section 233A of the Act, and of their obligations under the Council’s Code
of Conduct to disclose and appropriately manage conflicts of interest.
Please refer to
Part 4 of Council’s Code of Conduct for Pecuniary Interests and Part 5 of
Council’s Code of Conduct for Non-Pecuniary Interests.
The Oath or
Affirmation taken is as below:
Oath:
I [name of
Councillor] swear that I will undertake the duties of the office of
Councillor in the best interests of the people of the Ku-ring-gai Local
Government area and the Ku-ring-gai Council, and that I will faithfully and
impartially carry out the functions, powers, authorities and discretions vested
in me under the Local Government Act 1993 or any other Act to the best
of my ability and judgement.
Affirmation:
I [name of
Councillor] solemnly and sincerely declare and affirm that I will undertake
the duties of the office of Councillor in the best interests of the people of
the Ku-ring-gai Local Government area and the Ku-ring-gai Council, and that I
will faithfully and impartially carry out the functions, powers, authorities
and discretions vested in me under the Local Government Act 1993 or any
other Act to the best of my ability and judgement.
APOLOGIEs
DECLARATIONS OF INTEREST
Documents Circulated to Councillors
Confirmation of Reports to be
Considered in Closed Meeting
NOTE:
That in accordance with the provisions of Section 10 of the Local
Government Act 1993, all officers’ reports be released to the press and
public, with the exception of confidential attachments to the following General
Business reports:
GB.10 RFT3-2023
Drainage Asset Condition Assessment using Closed Circuit Television
Camera (CCTV)
In accordance with 10A(2)(d)(i):
Attachment 2: RFT3-2023 Drainage Asset Condition Assessment using
Closed Circuit Television Camera (CCTV) - Tender Evaluation Report
GB.11 RFT7-2023
Master plan Implementation Stage 1 Hassall Park St Ives
In accordance with 10A(2)(d)(i):
Attachment 2: RFT7-2023 Masterplan Implementation Stage 1 Hassall
Park - Tender Evaluation Report
GB.12 RFT9-2023
Eldinhope Green playground upgrade
In accordance with 10A(2)(d)(i):
Attachment 2: RFT9-2023 Eldinhope Green Playground Upgrade - Tender
Evaluation Report
GB.18 RFT15-2023
- Firs Estate - Lease of retail shop and restaurant
In accordance with 10A(2)(d)(ii):
Attachment 1: RFT 15-2023 Tender Evaluation Committee Report
CONFIRMATION OF MINUTEs
Minutes
of Ordinary Meeting of Council 16
File: EM00041/11
Meeting held 17 October 2023
Minutes numbered 158 to 184
minutes from the Mayor
Petitions
GENERAL BUSINESS
i.
The Mayor to invite Councillors to
nominate any item(s) on the Agenda that they wish to have a site inspection.
ii.
The Mayor to invite Councillors to
nominate any item(s) on the Agenda that they wish to adopt in accordance with
the officer’s recommendation allowing for minor changes without debate.
GB.1 Multicultural
Advisory Committee Meeting 26 September 2023 Minutes from Meeting 41
File: S04141
For
Council to consider and adopt the minutes from Multicultural Advisory Committee
meeting held on 26 September 2023.
Recommendation:
That Council adopt the minutes of
the Multicultural Advisory Committee held on 26 September 2023.
GB.2 Minutes of
Audit, Risk & Improvement Committee Meeting held on 21 September 2023 48
File: CY00458/11
To provide Council with the
Minutes from the Audit, Risk & Improvement Committee meeting held on 21
September 2023 for adoption.
Recommendation:
That the minutes from the Audit,
Risk & Improvement Committee meeting held on 21 September 2023 be adopted.
GB.3 Heritage
Reference Committee Minutes 57
File: CY00413/11
To have Council consider the
minutes from previous Heritage Reference Committee (‘HRC’) meetings
held on 28 July 2022 and 28 November 2023.
Recommendation:
That Council receive and note the
HRC minutes from the meetings of 28 July 2022 and 28 November 2023.
GB.4 Lindfield
Village Hub Recommendation to enter into a Project Delivery Agreement 67
File: S12165-4-6
To recommend that Council resolve
that the Preferred Proponent be nominated as the Successful Proponent subject
to finalisation of outstanding matters, and to authorise the General Manager to
then execute the Lindfield Village Hub Project Delivery Agreement with that
party.
Note that this will be
published separately as a late report.
GB.5 Arts and
Culture Advisory Committee 69
File: S14328
To provide Council with a draft
Terms of Reference for the recently established Arts and Culture Advisory
Committee for Ku-ring-gai Council, and for Council to appoint
a Chair and Deputy Chair to the committee.
Recommendation:
A.
That
Council adopt the draft Terms of Reference for the Arts and Culture Advisory
Committee
B.
That
Council nominate a Chair and Deputy Chair for the Arts and Culture Advisory
Committee
C.
That staff
conduct an Expressions of Interest process for members of the Arts and Culture
Advisory Committee and report back to Council with recommendations
GB.6 2023 - 2024
Budget Review - 1st Quarter ended September 2023 77
File: S09112/12
To inform Council of the results
of the first quarter budget review of 2023/24 and proposed adjustments to the
annual budget based on the actual financial performance and trend for the
period 1 July 2023 to 30 September 2023.
Recommendation:
That the September 2023/24
Quarterly Budget Review and the recommended changes are received and noted.
GB.7 Analysis of
Land and Environment Court Costs - 1st Quarter 2023 to 2024 114
File: FY00623/6
To report legal costs in relation
to development control matters in the Land and Environment Court for the
quarter ended 30 September 2023.
Recommendation:
That the analysis of Land and
Environment Court costs for the year ended 30 September 2023 be received and
noted.
GB.8 Investment
Report as at 31 October 2023 128
File: FY00623/6
To present Council’s
investment portfolio performance for October 2023.
Recommendation:
That the summary of investments
performance for October 2023 be received and noted; and that the Certificate of
the Responsible Accounting Officer be noted and the report adopted.
GB.9 Ku-ring-gai
Council Meeting and Public Forum Dates for 2024 135
File: CY00368/13
To set the future Council Meeting
and Public Forum dates for 2024.
Recommendation:
That Council adopt the proposed
Council Meeting and Public Forum dates for 2024.
GB.10 RFT3-2023
Drainage Asset Condition Assessment using Closed Circuit Television Camera
(CCTV) 142
File:
RFT3-2023/R
To consider the tenders received
for RFT3-2023 Drainage Asset Condition Assessment using Closed Circuit
Television Camera (CCTV) and to appoint five (5) preferred tenderers on a
Schedule of Rates.
Recommendation:
In accordance with Section 55 of
the Local Government Act and Tender Regulations, it is recommended
Council accept the Tender submitted by Tenderer ‘A’.
GB.11 RFT7-2023
Master plan Implementation Stage 1 Hassall Park St Ives 148
File:
RFT7-2023/R
To consider the tenders received
for RFT7-2023 Masterplan Implementation Stage 1 - Hassall Park St Ives and to
appoint the preferred tenderer.
Recommendation:
In accordance with Section 55 of
the Local Government Act and Tender Regulations, it is recommended
Council accept the Tender submitted by Tenderer ‘A’.
GB.12 RFT9-2023
Eldinhope Green playground upgrade 153
File:
RFT9-2023/R
To consider the tenders received
for RFT9-2023 Eldinhope Green playground upgrade Wahroonga and to appoint the
preferred tenderer.
Recommendation:
In accordance with Section 55 of
the Local Government Act and Tender Regulations, it is recommended
Council accept the Tender submitted by Tenderer ‘A’.
GB.13 Draft
Planning Agreement for land dedication - 2-4 Park Crescent Pymble - Post
exhibition 158
File: S13749
To report to council following
the exhibition of the draft Planning Agreement for the dedication of land for
footpath widening on Park Crecent Pymble outside the approved development at
2-4 Park Crescent Pymble.
Recommendation:
To enter into the Planning
Agreement to give effect to the dedication of land for the enhancement of the
public way and, in conjunction with the consent conditions of the associated
DA0025/21, provide for the finish of that surface.
GB.14 Release and
acquisition of Council easement at 6-12 Nulla Nulla Street Turramurra 195
File: S07252/14
To consider a request to relocate
Council’s stormwater infrastructure and extinguish an existing Council
drainage easement (Dealing B851698) that traverses one of the four lots
(Lot B DP 323907) of the subject development site at 6-12 Nulla Nulla Street
Turramurra.
Recommendation:
That Council approve of the
release of the existing easement over Lot B DP323907 (8 Nulla Nulla Street,
Turramurra) and the acquisition of a new easement over an alternate part of the
subject property in favour of Council to accommodate the replacement drainage
infrastructure on the terms set out in the report.
GB.15 Release and
acquisition of Council easement at 47 Carbeen Avenue St Ives 203
File: S07252/14
To consider a request to relocate
Council’s stormwater/ drainage infrastructure and to extinguish/release
an existing Council easement (G549181 & AF660466) that traverses 47 Carbeen
Avenue, St Ives (Lot 5 DP 27030).
Recommendation:
That Council approve of the
release of the existing easement over 47 Carbeen Avenue, St Ives (Lot 5 DP 27030)
and the acquisition of a new easement over an alternate part of the subject
property in favour of Council to accommodate Council’s replacement
drainage infrastructure on the terms set out in this report.
GB.16 Heritage
Assessment of 1 Ailsa Close, East Lindfield 212
File: S14216
To enable the General Manager to
revoke an interim heritage order for 1 Ailsa Close, East Lindfield following
the recommendation of the independent heritage assessment that concluded the
site does not warrant heritage listing.
Recommendation:
That the General Manager, through
their delegative powers, revoke the interim heritage order for 1 Ailsa Close,
East Lindfield.
GB.17 Tiny Forest
Project 288
File: S05318/16
To
provide an overview of the Earthwatch Australia Tiny Forest Project and to seek
Council’s endorsement to proceed with a Tiny Forest within the
Ku-ring-gai Local Government Area (LGA).
Recommendation:
That Council endorse a Tiny
Forest Project within the Ku-ring-gai LGA and endorse the preferred site
location at the West Pymble Village Green, or an alternative site as determined
by Council officers.
GB.18 RFT15-2023 -
Firs Estate - Lease of retail shop and restaurant 320
File: S07252/14
To advise Council on the results
of RFT 15-2023 which called for tenders for the lease of the Firs Estate
Cottage at 60A Clanville Road Roseville.
Recommendation:
That Council accepts the Tender
Evaluation Committee’s recommendation in relation to the outcome of the
tender process and that the General Manager be given authority and delegation
to negotiate and conclude a new lease for the future operation of Firs Estate
Cottage in accordance with the Committee’s recommendations.
GB.19 Proposed
Heritage Listing - 17A Edward Street, Gordon 326
File: S11955
To have Council consider the
proposed heritage listing of 17A Edward Street, Gordon in Schedule 5 of the Ku-ring-gai
Local Environmental Plan 2015.
Recommendation:
That a Planning Proposal to
heritage list 17A Edward Street, Gordon be prepared and submitted to the
Department of Planning and Environment for a Gateway Determination.
Extra Reports Circulated to Meeting
Motions of which due Notice has
been given
NM.1 Request by
Ku-ring-gai's Jewish Community 390
File: CY00817
Notice
of Motion from Councillor Kay dated 3 November 2023
As a Ward Councillor for St Ives,
I have been approached by Chabad North Shore with a request for Council to
acknowledge the Jewish holiday of Chanukah in a new way this year.
Chanukah represents the idea of
‘a little light dispels much darkness’.
Chabad North Shore is therefore
looking to expand its celebration of Chanukah this year, to uplift the Jewish
community and to spread the message of light, goodness and tolerance for all
Australians.
If the Council concurs, Chabad
North Shore have requested that a Chanukah menorah display be placed in front
of the Council Chambers during the holiday period, which this year runs from 7
to 15 December.
While I am aware that the
Council’s Christmas tree takes the central position in front of the
Chambers, it could be possible to display the menorah to the right-hand side of
the building for this period.
The menorah measures
approximately 3 metres tall and 1 metre in width. Chabad North Shore would
install and remove the menorah.
Image of proposed installation
Chabad North Shore have made an
additional request to display a menorah at the roundabout connecting Link Road
with Stanley Street in St Ives. However, after discussions with staff this
location is not recommended due to traffic safety concerns.
It is important that our
community remains peaceful and cohesive despite the terrible events unfolding
in the Middle East. A request such as this to recognise the Jewish holiday of
Chanukah must equally be applied to other faiths and cultural groups in
Ku-ring-gai, if they wish to put forward ideas to celebrate festivals or other
significant occasions.
I, therefore, move:
A. That
Council agree to display the Chabad North Shore menorah between 7 and 15
December 2023 outside the Council Chambers building.
B. That
Council advise Chabad North Shore of its decision.
Recommendation:
That the above Notice of Motion
as printed be adopted.
NM.2 9 Dumaresq
Street, Gordon (Dumaresq Reserve) 392
File: S11390
Notice
of Motion from Councillors Lennon and Ward dated 3 November 2023
In 2007, Council acquired three
adjoining properties in Dumaresq Street, Gordon for the purposes of forming a
park. Council has leased the properties to residential tenants earning rental
income, which we have returned to Council’s development contributions
reserves for acquisition of other open space as part of Council’s Open
Space Acquisition Strategy.
Council recently demolished one
of the properties, 9 Dumaresq Street, because the cost of repairs to allow
ongoing residential occupation became too expensive. The other two properties
remain rented.
9 Dumaresq Street is 1,458 square
metres in size and a little over 100 metres from the middle of the Gordon town
centre. It is well covered with trees.
A prospective Gordon Civic Hub
project is likely many years away. Consequently, Council has the opportunity to
facilitate public access and use of the land at 9 Dumaresq Street at relatively
low cost until Council can develop and implement longer term plans.
With simple low-cost additions
such as turf, seating, connectivity with Council’s adjacent car park,
improved access to Dumaresq Street and the like, Council can transform the site
into a highly desirable and usable space. Embellishment of the space need not
be elaborate or expensive.
We, therefore, move:
That Council open 9 Dumaresq
Street, Gordon to the public for passive local recreational open space with
connections to Council’s site adjoining to the east, as an interim use
until such time as Council develops and implements longer term plans for the
Gordon Civic Hub project.
Recommendation:
That the above Notice of Motion
as printed be adopted.
NM.3 Ku-ring-gai
Tree Protection 393
File: CY00760/3
Notice
of Motion from Councillor Wheatley dated 3 November 2023
Ku-ring-gai has a rich history as
Sydney’s Green Heart, where we are fortunate to reside among the city's
most majestic trees. Regrettably, not everyone shares in this privilege. In
recent years, there has been a notable surge in unlawful tree-related
activities within our local government area (LGA), including unauthorised
removal, severe limb pruning, and even the poisoning of these natural wonders.
Our dedicated council staff have
taken commendable measures to combat these infringements on our LGA's natural
beauty. They have already:
1. Contacted
the Minister of Planning and Public Spaces twice, urging a review of
legislation to impose stricter penalties on both individuals and organisations
involved in illegal tree-related actions.
2. Developed
an online mapping tool for community members to cross-reference tree-related
applications, aiding in identifying potential unauthorised work.
3. Distributed
educational brochures to residents along with their rates notices.
4. Produced
an informative online video to educate the community on the importance of tree
preservation.
5. Utilised
bus shelters to broaden the reach of the tree preservation message.
6. Trained
our Tree Management Officers in investigation techniques and empowered them
with the delegation to issue penalties.
7. Spearheaded
a collaborative effort with the Department of Planning and Environment and five
other councils to fortify legislation regarding tree-related breaches.
8. Regularly
scrutinised contractor websites to identify false or misleading information
related to our Development Control Plan (DCP).
9. Reached
out to peak bodies to alert them about unscrupulous contractors falsely
claiming membership.
10. Implemented
a requirement to advertise tree permits at the front of properties when
removing or pruning trees under the terms of the consent.
Additionally, our council
recently passed a resolution to present a motion at the Local Government NSW
Conference, as follows:
That LGNSW:
1. Advocates
to the NSW Government to greatly increase penalty infringement notice fines for
illegal tree removal, vandalism, or other harm.
2. Advocates
to the NSW Government, specifically the Minister for Planning and Public
Spaces, for a change to Schedule 5 of the Environmental Planning &
Assessment Regulation 2021 to increase the penalties for individuals and
corporations for penalty notice offences relating to development without
consent.
3. Advocates
for a review of the requirements for prosecution of illegal tree removal.
Despite our diligent efforts, we
are losing the battle to preserve our trees. From 2021 to November 2023, there
has been a 50% increase in reports of alleged unauthorized tree works from the
community, resulting in a staggering 79% increase in penalty infringement
notices. During the same period, the number of tree-related applications has
declined by 16.5%, indicating that a minority within the community is bypassing
the correct procedures for tree-related work.
This concerning trend demands
immediate reversal, and our council must take a resolute stance against
unlawful tree-related activities in our locality.
I, therefore, move:
A. That
Council create a dedicated hotline to report illegal tree removal and increase
resourcing for education, tree protection and investigations to ensure 7 day a
week coverage.
B. That
Council hold a public forum to collaborate with key community stakeholders on
ways to fight against illegal tree works.
Recommendation:
That the above Notice of Motion
as printed be adopted.
NM.4 Re-establish
The Status of Women's Advisory Committee 395
File: S13683
Notice
of Motion from Councillor Kay dated 3 November 2023
At the Ordinary Meeting of
Council held on 16 August 2022, Council resolved that two Women’s Forums
were to be held in the 2022/2023 financial year. This resolution also dissolved
the Status of Women’s Advisory Committee.
A. That
Council facilitate two Women's forums to be held in 2022/23 financial year, one
in the 1st half (October or November) and one in the 2nd half (May) of the
financial year.
B. That
the Status of Women's Advisory Committee be dissolved.
For the Resolution:
The Mayor, Councillor Pettett,
Councillors Lennon, Smith, Ward and Wheatley
Against the Resolution:
Councillors Kay, Ngai, Spencer,
G. Taylor and A. Taylor
The voting being EQUAL, the
Mayor exercised his Casting Vote IN FAVOUR of the Resolution CARRIED
Several women have shared
publicly and privately their disappointment that the Committee had been dissolved.
Clearly, there was an interest from the community, as 25 applications were
received from women of all walks of life.
The purpose of establishing the
Status of Women’s Advisory Committee was to elevate specific
women’s issues by giving women a voice and the opportunity to contribute
to planning and improving services, facilities, programs, and projects, whilst
highlighting issues of the importance to women to improve the status of women
in our community.
Members of the Committee will
provide advice, advocate, and raise awareness of issues that affect women in
Ku-ring-gai, promoting local networks, activities and events that celebrate
women in our community. The Committee will provide a platform for addressing
local issues and make women feel valued, engaged, and empowered to develop
effective and targeted solutions.
The focus of the first
Women’s Forum, in November 2022, was informed by the Commonwealth and
State Government’s strategic directions for addressing specific
women’s issues at a national, state and local level. These included:
·
Ensuring
women’s safety and reducing violence against women and children
·
Improving
women’s leadership choice
·
Strengthening
women’s economic security and prosperity, including increasing
women’s workforce participation
·
Gender
equality and women’s empowerment
Building on the feedback
gathered, the International Women’s Day Forum March 9, 2023, promoted
local voices and featured three major topics of importance:
·
Violence
against women
·
Women’s
representation
·
Cultural
inclusion and removing barriers to participation
The Status of Women’s
Advisory Committee will provide a structured and organised way for the
community to come together and address specific needs and concerns whilst
promoting civic engagement and collaboration and building stronger
relationships in the community.
Moving forward, we are now able
to act on the areas that matter to women by re-establishing a women’s
committee that can strongly advocate for women and amplify the voices of the
community.
I, therefore, move:
A. That
Council re-establish the Status of Women's Advisory Committee
B. That
Council adopt the attached Terms of Reference to guide the operations of the
Committee
C. That
the Mayor (or a Councillor nominated by Council) be appointed as Chair of the
Status of Women's Advisory Committee
D. That women
on Council self-nominate to be included on the Committee
E. That
applicants recommended by the selection panel at the 28 June 2022 Meeting of
Council be invited to serve on the Committee and duly appointed
F. That
any vacancies be filled in accordance with the process outlined in the
Committee’s Terms of Reference
G. That a
community member be nominated as Deputy Chairperson by the Committee at its
first meeting and reported back to Council for endorsement
Recommendation:
That the above Notice of Motion
as printed be adopted.
NM.5 Former
General Manager, John McKee 401
File: CY00455/11
Notice of Motion from Councillors Smith,
Wheatley and Pettett dated 3 November 2023
John McKee's first local
government employment after graduating with a degree in Business and Industrial
Relations was with Parramatta Council as a Financial Analyst.
John joined Ku-ring-gai Council
as a Business Analyst in 1998. In 2001, he was promoted to Director of Finance.
His main role then was to find efficiencies, reduce debt and obtain the initial
infrastructure levy. The Council was not in a good financial position at the
time and could not fund depreciation. His impressive efforts led to his appointment
as General Manager in 2006.
John McKee’s superlative
financial skills spearheaded the turnaround in the organisation's financial
position through a combination of rigorous debt reduction, increased income,
targeted asset sales and purchases and strategic long-term planning.
Initiatives implemented under his
leadership include:
· A rates
restructure providing $36 million over 20 years for infrastructure renewal
· A permanent
environmental levy providing $4 million a year for a range of environmental
projects, approved by IPART in 2019
· Full integration
of asset management, financial and operational planning and associated
reporting for improved budgeting
· Creation of an
award-winning open space acquisition strategy
· Gazettal of
significant Heritage Conservation Areas across Ku-ring-gai Town Centres
· Implementation of
a development contributions scheme to provide new community facilities in areas
of high development
· Creation of the
Activate Ku-ring-gai civic redevelopment program, revitalising
Ku-ring-gai’s main centres in Lindfield, Turramurra, Gordon and St Ives
· One of the first
Council’s in Sydney to respond to the Greater Sydney Commission’s
requirement for new local environmental plans. Ku-ring-gai’s Local
Strategic Planning Statement was adopted by Council in 2020.
· A $29 million
multi-purpose recreational area for netball, soccer and golf
· A $20 million
fitness and aquatic centre
· A completely
refurbished and modernised main library
· A new Council
depot and new headquarters for volunteer emergency services
· 15 new parks and
playgrounds by 2020
· A large new public
space and underground parking for 130 cars at Lindfield
John led Council through
difficult State Government challenges. His successful management of Council's
financial performance ensured it was one of the only councils in NSW to meet
the State Government's financial criteria under the Fit For the Future
sustainability program. Nevertheless, the NSW State Government proposed merging
Ku-ring-gai Council and Hornsby Council.
When Ku-ring-gai Council resolved
to oppose the merger, John McKee led a successful legal challenge to the merger
process resulting in a win in Court and Ku-ring-gai maintaining its
independence.
I, therefore, move:
That the Mayor write to John
McKee thanking him for his distinguished service to the Council and the
residents of Ku-ring-gai.
Recommendation:
That the above Notice of Motion
as printed be adopted.
BUSINESS WITHOUT NOTICE – SUBJECT TO CLAUSE 9.3 OF code
of meeting practice
Questions With Notice
InspectionS– SETTING OF TIME, DATE AND RENDEZVOUS
** ** ** ** ** **
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Ordinary
Meeting of Council - 21 November 2023
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GB.6 / 1
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Item
GB.6
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S09112/12
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20 October 2023
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2023 - 2024 Budget Review - 1st Quarter
ended September 2023
EXECUTIVE
SUMMARY
Purpose of Report
To inform Council of the results of the first quarter budget
review of 2023/24 and proposed adjustments to the annual budget based on the
actual financial performance and trend for the period 1 July 2023 to 30
September 2023.
Background
In accordance with Part 9,
Division 3, Clause 203 of the Local Government (General) Regulation 2005
(“The Regulation”):
(1) Not later than 2 months after
the end of each quarter (except the June quarter), the responsible accounting
officer of a council must prepare and submit to the council a budget review
statement that shows, by reference to the estimate of income and expenditure
set out in the statement of the council’s revenue policy included in the
operational plan for the relevant year, a revised estimate of the income and
expenditure for that year.
(2) A budget review statement must
include or be accompanied by:
a) a report as to whether or
not the responsible accounting officer believes that the statement indicates
that the financial position of the council is satisfactory, having regard to
the original estimate of income and expenditure, and
b) if that position is
unsatisfactory, recommendations for remedial action.
(3) A budget review statement must
also include any information required by the Code to be included in such a
statement.
The Office of Local Government has developed a set of
minimum requirements that assists councils in meeting their obligations as set
out in legislation.
At the Council meeting held on 20
June 2023, Council adopted the Revised Delivery Program 2023-2026 &
Operational Plan 2023-2024, which incorporated the Annual Budget for 2023-2024.
Comments
This review analyses Council’s financial performance
for the first quarter of 2023/24 and forecasts an end of financial year
position by recommending budget adjustments to operating and capital budget.
Budget adjustments proposed in this review will improve the
net operating result (excluding capital grants) by $1.1m. This is mainly due to
additional income from investments (partly restricted
to external reserves), user fees, other revenue and operating grants. This
is partly offset by unfavourable increases in materials and contractor costs
and operating project expenses as detailed further in this report.
From a funding position, after adjusting for capital and operational
grants movements, deferred expenditure and restricted items, the net working
capital will increase by $596k additional income from investments (partly
restricted to external reserves), user fees and other revenue.
Proposed
adjustments to forecast budget
Operating Income
The proposed increase to the operating income of $2.3m
is mainly from increased interest on investments (partly externally
restricted), user fees, other revenue and operating grants and contributions
received:
· Increase
in “user fees” ($423k) mainly due to fees from access
crossings and tennis;
· Increase
in “other revenue” ($378k) mainly due to:
o Participating
councils’ contributions to Better Business Partnership ($139k) offset by
expenditure
o Tree
preservation order fines ($103k)
o Parking
fines ($100k)
· Increase
in “interest and investment income” ($1m) due to larger than
forecast investment portfolio and more competitive interest rates ($747k)
(restricted to reserves) ($513k restricted to external S7.11 reserves and $234k
to internal Infrastructure & Facilities reserve)
· Net
increase in “operating grants and contributions” ($491k)
mainly from:
o Flood
studies ($72k)
o RFS
bush fire support ($76k)
o Traffic
study ($11k)
o Fire
trail upgrade ($283k)
o Traffic facilities ($62k)
Partly offset by:
o Decreased library grants
($14k)
Operating expenditure
The change (net increase) to the operating expenditure
($1.15m) is mainly due to transfer of budgeted expenditure associated with
capital projects (reclassification only) and other net increases in
materials and contracts as detailed below:
· Net
increase in materials and contracts ($299k):
o A
permanent increase to maintenance of former landfill sites ($180k) fully funded
from domestic waste reserve
o One
off increase to bush fire support ($76k) funded from RFS grant
Partly offset by:
o Transfer
to Art Centre employee costs ($11k)
· Net
increase to operational projects expenditure ($844k) mainly due to:
o Transfer
of environmental levy projects from capital ($433k), drainage renewal ($125k)
and other minor transfers ($115k) (re-classification only, no impact on budget)
o Better Business
Partnership ($139k) funded from participating councils
o Net
increase to grant funded projects ($32k)
Capital Budget
· Major adjustments
to the capital budget are due to:
o Projects deferred to future financial years
($12.1m)
o Net transfer to operational projects ($673k)
Partly offset by:
o Project budget brought forward $4.1m (details by project provided further in the report)
o Additional funding ($1m) from domestic waste
reserve (details provided further in the report)
o Allocation of expenditure for new capital grants and contributions
received ($1.14m), for Indoor Local Roads and Local Infrastructure Phase
4 ($707k) and Caley’s pond and banks track ($434k)
o Allocation of expenditure for
2022-23 outstanding grants yet to be received: St Ives Indoor Sports Centre
($1.85m out of a total $3.5m), LRCI phase 2 and 3 ($496k), traffic facility
grants ($1.36m), transport grants ($183k), RMS grant ($44k) and other minor
grants ($43k). Partly offset by decreased block grant ($74k) (Adjustment for
2022-23 overspend),
o Fee received for damage repair ($37k)
Other budget adjustments
to capital projects are detailed further in the report and listed in Attachment
A2.
Quarterly
Budget Review Statements (QBRS)
The Quarterly Budget Review
Statements (QBRS) as prescribed by the OLG guidelines are composed of the following budget review reports:
· Operating and Capital Budget Review Statement (Table 1)
· Proposed Operating and Capital Budget Adjustments by
Resource Group (Table 2)
· Income and Expenses Statement by Theme (Table 3)
· Cash and Investments position (Table 4)
· Contracts and Consultancy Expenses (Table 5)
· Capital and Operational Projects Summary (Table 6)
· Statement by the Responsible Accounting Officer
These statements are shown below.
Proposed Budget Adjustments
The table below lists
the proposed budget adjustments, including comments for the September Quarterly
Budget Review.
Attachment A2 summarises all
proposed budget adjustments for Projects.
The table below splits the current
budget by six themes identified within Council’s Delivery Program 2023
– 2026. These themes are used as a platform for planning our activities
to address the community’s stated needs and aspirations.
Cash and Investments
position
Restricted funds are invested in
accordance with Council’s Investment Policy. Total investments portfolio
as at the end of September quarter is $222.9m.
A detailed Restricted Assets Report as at September
2023 (Actual) is shown in Attachment A1.
Contracts and Consultancy
Expenses
Capital & Operational
Projects Summary
Actual expenditure for
capital and operational projects for the period ending 30 September 2023 is
($11.6m) against the full year revised budget of ($121.5m). The September
review decreases the forecast project budget by ($1.1m net), the decrease is
mainly due to projects deferred ($12m), partly offset by project budgets
brought forward ($4.1m), new grants received ($1.1m), 2022-23
outstanding grants yet to be received
($4.4m), additional reserve funding allocated to projects ($1m), net transfer
from recurrent budget ($212k) and additional income ($176k).
The table and chart
below show the YTD actual project expenditure against 2023/24 full year revised
budget and projected forecast.
The proposed budget
changes to operational and capital projects represent a decrease of ($1.1m).
The most significant variations and projects proposed for adjustment are listed
below:
· Deferral of expenditure
· S7.11 funded ($12.4m):
§ Robert Pymble Park Precinct ($5.2m)
§ St Ives Cultural and Environmental Education
Centre - increase to total budget ($1.15m) and defer to future years ($2.4m)
§ St Ives Village Green Masterplan Works ($883k)
§ Ku-ring-gai Wildflower Garden Upgrade ($738k)
§ Ibbitson Park Upgrade ($653k)
§ Mitchell Crescent Reserve Playground Upgrade
($459k)
§ Comenarra Playing Field Play Space Upgrade
($319k)
§ Mimosa Reserve/ Rofe Park Play Space upgrade
($318k)
§ St Ives Village Green New Recreation Precinct
($273k)
§ Swain Gardens Improved Pedestrian Access &
Disabled Toilet ($109k)
· Infrastructure and facilities funded:
§ Bannockburn Oval – Masterplan and Sports
field upgrade ($690k).
· Brought forward expenditure:
· Indoor Sports Centre at St Ives High School
($3.7m)
· Primula Oval Sportsfield Upgrade ($419k).
· Grant funded expenditure:
· Indoor sports centre at St Ives High School
($1.85m)
· Traffic facility program ($1.36m)
· Local Roads and Community Facilities ($250k)
· Caley’s Pond and banks track ($434k)
· Local Roads and Community Facilities ($1.2m)
· Cycleway upgrades (183k)
· Domestic waste reserve funded expenditure:
o Norman Griffith Oval upgrade ($1m)
· Recurrent income funded expenditure:
o Pymble Town Hall Roof & Building
Refurbishment ($387k)
o Additional ranger vehicles ($100k)
· Other internal transfers:
o Net transfers only from capital projects to
operating projects ($673k)
All Proposed Budget adjustments
for each Project and explanation for the changes are detailed in
Attachment A2 – Summary
of Capital and Operational Project Budget Adjustments
Statement
by Responsible Accounting Officer
It is my opinion that the Quarterly Budget Review Statement
for Ku-ring-gai Council for the quarter ended 30 September 2023 indicates that
Council’s projected financial position at 30 June 2024 will be
satisfactory, having regard to the projected estimates of income and
expenditure and the original budgeted income and expenditure.
integrated
planning and reporting
Theme 6: Leadership and Governance
|
Community Strategic Plan Long Term Objective
|
Delivery Program
Term Achievement
|
Operational Plan
Task
|
|
L2.1 Council rigorously manages its financial resources
and assets to maximise delivery of services.
|
L2.1.2 Council’s financial services provide
accurate, timely, open and honest advice to the community.
|
Manages financial performance to achieve targets as
defined in the Long Term Financial Plan.
|
Governance
Matters
Section 203(1) of the Local
Government Regulation 2005 requires that at the end of each quarter, a Budget
Review Statement be prepared and submitted to Council that provides the latest
estimate of Income and Expenditure for the current financial year.
Risk
Management
Income and expenditure is managed through the quarterly
budget review process. Although some income and expenditure cannot be directly
controlled, it can be monitored and action taken to mitigate potential
financial or budgetary risk. Further, Council staff utilise monthly management
reporting for managing operational and project income and expenditure, and any
budget variations are reported to the Director. The management team are also
provided with monthly financial reports that allow executives to make informed
decisions and plan ahead to ensure budget targets are met.
Financial
Considerations
Financial impacts from recommended budget adjustments are
discussed in detail in other sections of this report.
Social
Considerations
Not applicable.
Environmental
Considerations
Not applicable.
Community
Consultation
Not applicable.
Internal
Consultation
Finance met with directors and managers as part of the
Quarterly Budget Review process to ensure departmental budget targets reflect
current forecasts.
Summary
Budget adjustments proposed in this review will improve the
net operating result (excluding capital grants) by $1.1m. This is mainly due to
additional income from investments (partly restricted to external reserves),
user fees, other revenue and operating grants. This is partly offset by
unfavourable increases in materials and contractor costs and operating project
expenses as detailed in this report.
After adjusting for capital and operational grants, deferred
expenditure and restricted items, the net working capital will increase by
$596k from net increases in income, mainly income from investments, user fees
and other revenue. In addition, an amount of $234k has been transferred to the
Infrastructure and Facilities reserve form interest income.
|
Recommendation:
That the September 2023 Quarterly Budget Review and the
recommended changes be received and noted.
|
|
Angela Apostol
Acting Director Corporate
|
Mette Kofoed
Strategic Management Accountant
|
|
Ann Wang
Acting Manager Finance
|
|
|
Attachments:
|
A1 ⇩
|
Attachment
A1 - Restricted Assets Report - September 2023
|
|
2023/346037
|
|
|
A2⇩
|
Attachment
A2 - Summary of Capital and Operational Projects Budget Adjustments -
September 2023
|
|
2023/346036
|
|
Ordinary
Meeting of Council - 21 November 2023
|
GB.9 / 1
|
|
|
|
|
Item
GB.9
|
CY00368/13
|
Ku-ring-gai Council Meeting and Public
Forum Dates for 2024
EXECUTIVE
SUMMARY
|
purpose of report:
|
To set the future Council
Meeting and Public Forum dates for 2024.
|
|
|
|
|
background:
|
Section 365 of the Local Government Act 1993
(the Act) requires that Council meet at least 10 times per year, each time in
a different month.
The dates set for 2024 attempt to avoid school
holidays, public holidays and other events that may make attendance for
Councillors and/or the public difficult. It is also proposed that Council go
into recess from the second week of December 2024 to the end of January 2025.
Where possible, it is Council’s practice to set
Public Forums on the second Tuesday of each month and Ordinary Meetings of
Council on the third Tuesday of each month.
Council elections are scheduled to be held 14
September 2024 and these have been considered in developing the 2024 Council
Meeting and Public Forum Calendar for 2024.
|
|
|
|
|
comments:
|
A Council Meeting and Public Forum Calendar for 2024
has been prepared for consideration.
|
|
|
|
|
recommendation:
|
That Council adopt the
proposed Council Meeting and Public Forum dates for 2024.
|
Purpose of Report
To set the future Council Meeting and Public Forum dates for
2024.
Background
Section 365 of the Local Government Act 1993 (the Act)
requires that Council meet at least 10 times per year, each time in a different
month.
The dates set for 2024 attempt to avoid school holidays,
public holidays and other events that may make attendance for Councillors
and/or the public difficult. It is also proposed that Council go into recess
from 18 December 2024 to 11 February 2025.
Where possible, it is Council’s practice to set Public
Forums on the second Tuesday of each month and Ordinary Meetings of Council on
the third Tuesday of each month and it is proposed to maintain this convention.
Council elections are scheduled to be held on 14 September
2024. Under clause 393B of the Local Government (General) Regulation 2021 (the
Regulation), councils are required to assume a “caretaker” role in
the four weeks preceding the election day. To accommodate these requirements
the Public Forum and Council Meeting have been moved forward one week (see
schedule below). No Public Forum or Council Meeting has been scheduled
for September 2024.
The NSW Electoral Commission have advised that the outcome of
the election is likely to be declared in the first week of October 2024.
Therefore, it is proposed that the first meeting of the newly elected Council
is an extraordinary meeting on 8 October 2024.
Comments
The proposed scheduled meeting cycle for 2024 is as follows:
|
Council meeting
|
Governance and Council business on the agenda
(indicative and subject to change)
|
|
February 2024
|
·
Financial
quarterly report
·
National
General Assembly of Local Government - Call for Motions
·
Adoption
of Agency Information Guide
·
Report
on Mayoral donations
|
|
13 February 2024
|
Public Forum
|
| 20 February 2024 |
Ordinary Meeting of Council
|
| March |
·
Report
on Delivery Program and Operational Plan
|
|
12 March 2024
|
Public Forum
|
| 19 March 2024 |
Ordinary Meeting of Council
|
| April |
·
Long
Term Financial Plan, Delivery Program and Operational Plan for public
exhibition
|
|
9 April 2024
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Public Forum
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| 16 April 2024 |
Ordinary Meeting of Council
|
| May |
·
Financial
quarterly report
|
|
14 May 2024
|
Public Forum
|
| 21 May 2024 |
Ordinary Meeting of Council
|
| June |
·
Long
Term Financial Plan, Delivery Program and Operational Plan for adoption
·
Mayor
and Councillor Fees - Local Government Remuneration Tribunal Determination
|
|
11 June 2024(*)
|
Public Forum
|
| 18 June 2024 |
Ordinary Meeting of Council
|
| July |
|
|
9 July 2024
|
Public Forum
|
| 16 July 2024 |
Ordinary Meeting of Council
|
| August |
·
Report
on Delivery Program and Operational Plan
·
Local
Government NSW Annual Conference - Call for Motions
·
Draft
financial statements prior to submission to auditor.
·
Delegation
of functions to the General Manager (between election day and first meeting
of new Council)
|
|
6 August 2024
|
Public Forum
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| 13 August 2024 |
Ordinary Meeting of Council
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| September |
|
|
Local Government Elections
– no meetings.
|
| October |
·
Oath /
Affirmation of Office by Councillors
·
Mayor
and Deputy Mayor Election
·
Advisory
/ Reference Committees
·
Representation
on External Committees and Organisation
·
Filling
Casual Vacancies within 18 months after the Election date
·
Presentation
of audited financial statements
·
Disclosures
of Interest (Code of Conduct)
·
Tabling
of Annual Report
·
State of
Ku-ring-gai Report
|
|
8 October 2024(**)
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Extraordinary Meeting Council
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| 15 October 2024 |
Public Forum
|
| 22 October 2024 |
Ordinary Meeting of Council
|
| November |
·
Financial
quarterly report
·
Community
Grants Program
|
|
12 November 2024
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Public Forum
|
| 26 November 2024 |
Ordinary Meeting of Council
|
| December |
·
Report
to Council on complaint statistics
|
|
10 December 2024
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Public Forum
|
| 17 December 2024 |
Ordinary Meeting of Council
|
| February 2025 |
|
|
11 February 2025
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Public Forum
|
| 18 February 2025 |
Ordinary Meeting of Council
|
* This date may
clash with the 2024 National General Assembly (dates yet to be confirmed). If
so, Council may need to change the dates of the Public Forum and OMC to later
in the month to allow sufficient time to consult on and update the DP&OP
and LTFP for adoption.
** Proposed first meeting after ordinary election, date
subject to change.
The school holiday periods for 2024, public holidays
and other potential conflicts in relation to the 2nd and 3rd Tuesday of the
month are outlined below:
· April:
There is no perfect scenario that can avoid school holidays (from 15 April
2024 to 26 April 2024). The proposed schedule puts the Ordinary Meeting of
Council on 16 April 2024.
· June:
Dates for the 2024 National General Assembly (NGA) and Regional Forum of Local
Government Conference have not yet been announced, though the NGA is usually
held in the second week of June. Council may need to amend the dates of the
Public Forum and OMC to later in the month to allow sufficient time to consult
on and update the DP&OP and LTFP for adoption.
· July:
The school holiday period is from 8 -19 July 2024. The proposed schedule puts
the Ordinary Meeting of Council on 9 July 2024.
· September:
The next local government election will be held on 14 September 2024. The date
for September Ordinary Meeting of Council is proposed for 24 September 2024.
No meetings have been scheduled for September 2024. The first meeting of the
new Council is proposed to be held on 8 October 2024, depending on the date of
the declaration of the ordinary election.
· November:
The 2024 LGNSW Annual Conference is being held on 17-19 November 2024 (venue
TBA). The proposed schedule retains the Public Forum on 12 November 2024 and
changes the Ordinary Meeting of Council to 26 November 2024.
· December:
The school holiday period is from 20 December 2024 – 29 January 2025. It
is proposed that Council would be in recess from 18 December until 11 February
2025.
Local Government election
Due to the local government election, an ordinary
meeting has not been scheduled in September 2024.
Council is required to assume a caretaker role in the 4
weeks before the election day. The caretaker restrictions are designed to prevent
outgoing councils from making major decisions that will bind the new council
or limit its actions. Council’s normal scheduling for August would place
this meeting within the caretaker period. Therefore, it is proposed to
move the August meetings forward by one week (to 13 August 2024).
First meeting of new term of Council
The NSW Electoral Commission has advised that the
election is expected to be declared in the first week of October 2024. This is
to allow for the receipt and counting of postal votes which close 13 days
after the election.
In accordance with section 290 of the Act, Council is
required to undertake the election of a mayor by the councillors within three
weeks after the date of declaration of the ordinary election.
Given this, an extraordinary meeting is proposed for 8
October 2024 as the first meeting of the newly elected council. However, this
date is subject to change and will be confirmed once the date of the
declaration of the ordinary meeting is known (often not known until after the
election has been completed). The first matters of business for the newly
elected council will include taking oaths/affirmations of office, electing the
mayor and deputy mayor, appointments to committees and determining the method
by which any casual vacancies in the office of councillor will be filled.
Council will resume ordinary business at the meeting
proposed for 22 October 2024 in accordance with the meeting cycle.
integrated planning and reporting
|
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.
|
L4.1.2.1: Ensure that Council and Committee Meetings are
managed effectively and in
accordance with relevant legislation, codes and
guidelines.
|
Governance Matters
Section 365 of the Act
requires Council to meet at least 10 times per year, each time in a different
month and this schedule of meetings will fulfil this requirement. This report
also takes into consideration the caretaker provisions under Clause 393B of
the Regulations, as well as the obligations under section 233A, section 291A
and section 290 of the Act in respect to requirements for first council
meetings following an ordinary election. This meeting schedule has also
been developed in line with Council’s Code of Meeting Practice.
Risk Management
This report ensures
compliance with Council’s statutory obligations under the Act and
Regulations in respect to Council meetings.
Financial Considerations
Funding to support the
meeting schedule is included in the existing operational budget.
Social Considerations
Council meetings provide an
open and transparent public forum where the decisions of Council are
made. Providing the schedule of meeting dates in advance provides the
community with certainty and opportunity for engagement.
Environmental Considerations
There are no adverse
environmental impacts arising from this report.
Community Consultation
Nil
Internal Consultation
Nil
Summary
Section 365 of the Act
requires that Council meet at least 10 times per year, each time in a
different month. Council’s practice is to set Public Forums on the
second Tuesday of each month and Ordinary Meetings of Council on the third
Tuesday of each month. The dates set for 2024 attempt to avoid school
holidays, public holidays and other events that may make attendance for
Councillors and/or the public difficult. A Council Meeting and Public Forum
cycle for 2024 has been prepared for consideration.
Recommendation:
That Council adopt the following Meeting dates for 2024:
· February 2024
o 13 February Public
Forum
o 20 February Ordinary
Meeting of Council
· March
o 12 March Public
Forum
o 19 March Ordinary
Meeting of Council
· April
o 9 April Public
Forum
o 16 April Ordinary
Meeting of Council
· May
o 14 May Public
Forum
o 21 May Ordinary
Meeting of Council
· June
o 11 June Public
Forum
o 18 June Ordinary
Meeting of Council
· July
o 9 July Public
Forum
o 16 July Ordinary
Meeting of Council
· August
o 6 August Public
Forum
o 13 August Ordinary
Meeting of Council
· October
o 8 October Extraordinary
Meeting of Council (tbc)
o 15 October Public
Forum
o 22 October Ordinary
Meeting of Council
· November
o 12 November Public
Forum
o 26 November Ordinary
Meeting of Council
· December
o 10 December Public
Forum
o 17 December Ordinary
Meeting of Council
· February 2025
o 11 February Public
Forum
o 18 February Ordinary
Meeting of Council
|
Melinda Aitkenhead
Senior Governance Officer
|
|
|
Ordinary
Meeting of Council - 21 November 2023
|
GB.10 / 1
|
|
|
|
|
Item
GB.10
|
RFT3-2023/R
|
RFT3-2023 Drainage Asset Condition
Assessment using Closed Circuit Television Camera (CCTV)
EXECUTIVE
SUMMARY
Purpose of Report
To consider the tenders received for RFT3-2023 Drainage
Asset Condition Assessment using Closed Circuit Television Camera (CCTV) and to
appoint five (5) preferred tenderers on a Schedule of Rates.
Background
Council has approved the funding
for the Drainage Asset Condition Assessment using Closed Circuit Television
Camera (CCTV). Five (5) Tenderers will be on a Schedule of Rates Panel to
undertake stormwater pipe condition survey in a selected number of pipes
throughout Ku-ring-gai Council’s local government areas for a two (2)
year period with a possible extension of three (3) x one (1) year extensions.
The contractors are to assess
and report the structural and service condition of the stormwater conduits
surveyed. The surveys shall be conducted in accordance with relevant Codes and
Standards and in particular with the latest version of the Conduit Inspection
Reporting Code of Australia (CIRCA) WSA 05-2020.
Tender documents were released
through Tenderlink on 20th June 2023 and closed on the 25th July 2023
As the cost of the works was
estimated to be over $250,000, Tenders were called using Tenderlink in
accordance with the tender requirements of the Local Government Act and
Regulation.
Comments
Seven (7) tenders were received
and recorded in accordance with Council’s tendering policy.
A Tender Evaluation Panel
consisting of staff from the Operations Department was formed to assess the
seven (7) tenders received.
At the conclusion of the tender
evaluation, Tenderer ‘A, B, C, D and E’ were identified as
providing the best value for money to Council.
Confidential attachments to this
report include:
· List
of tenders received (Attachment 1),
· Tender
Evaluation Report and recommendation (Attachment 2)
integrated planning and reporting
Places, Spaces and
Infrastructure
P8: Improving the standard of
our infrastructure.
|
Community Strategic Plan Long Term Objective
|
Delivery Program
Term Achievement – 3 year
|
Operational Plan
Task – Year 1
|
|
P8.1: An improved standard of
infrastructure that meets the community’s service level standards and
Council’s obligations as the custodian of our community assets.
|
P8.1.2: Programs for
infrastructure
and asset maintenance
management are delivered in
accordance with adopted Asset
Management Strategy and Plans.
|
P8.1.2.4: Deliver Drainage
Capital Works
Programs on time and within
budget.
|
Governance Matters
Tender documents were prepared
and released through Tenderlink on 20th June 2023 and closed on the 25th July
2023. At the close of tender, seven (7) tenders were received. All submissions
were recorded in accordance with Council’s tendering policy. A Tender
Evaluation Panel consisting of staff from the Operations Department was formed
to assess the seven (7) tenders received. The evaluation considered:
· Conformity
of submission,
· Lump
sum fee,
· Capacity,
capability with suitably qualified staff,
· Relevant
experience
· Previous
performance
· Work
Health and Safety (WHS) and Risk Management
· Environmental
· Performance
and Financial Assessment.
Confidential attachments to this report include the list of
tenders received and the Tender Evaluation Report and recommendation. The
attachments are considered to be confidential in accordance with Section 10A
(2)(d)(iii) of The Local Government Act 1993 as they are considered to
contain commercial in confidence information.
Risk Management
Three (3)
key areas of risk were identified in relation to the proposed work:
· That
the asset condition assessments be carried out by a contractor with the ability
to provide a full range of services with suitably qualified staff.
· Work
Health and Safety (WHS), Risk Management and Environmental.
· That Council
should not be exposed to financial risk - as part of the evaluation process,
tenderers were assessed on providing all information and costs requested within
the tender document. An independent Performance and Financial Assessment was
carried out on the preferred tenderer to ensure that they were trading
responsibly and had the financial capacity to undertake the work as detailed
within the tender documents.
Financial Considerations
The undertaking of the Drainage Asset Condition Assessments
using Closed Circuit Television Camera (CCTV) is part of the Capital Works
Program and is funded under the Infrastructure and Facilities Reserve.
Social Considerations
The proposed Drainage Asset Condition Assessments will
provide information to allow Implementation of Asset Management Plans to
document maintenance, renewal and
upgrade requirements in line with Service Level Agreements
which is in line with Council’s Community Strategic Plan, Our Ku-ring-gai
2038 and the Plan’s long-term directions of an improved standard of
infrastructure that meets the community’s service level standards and
Council’s obligations as the custodian of our community assets.
Environmental Considerations
Environmental assessments are undertaken, and considerations
addressed as required.
Community Consultation.
Community
consultation is undertaken as required.
Internal Consultation
All relevant departments have been consulted regarding this
tender.
Summary
Tender RFT3-2023 Drainage Asset Condition Assessment using
Closed Circuit Television Camera (CCTV) was released through Tenderlink on 20th
June 2023 and closed on the 25th July 2023.
A Tender Evaluation Panel was formed consisting of
representatives from the Operations Department. Council received seven (7)
tenders. All tenders were recorded in accordance with Council’s tendering
policy.
Following the evaluation and an independent performance and
financial assessment, it is recommended that ‘Tenderer ‘A, B, C, D
and E’ be appointed on the basis of providing the best value for money to
Council.
|
Recommendation:
That:
A. Council
accepts the tender submission from ‘Tenderer ‘A, B, C, D and
E’ to carry out the Drainage Asset Condition Assessment using Closed
Circuit Television Camera (CCTV)
B. The
Mayor and General Manager be delegated authority to execute all tender
documents on Council’s behalf in relation to the contract.
C. The
Seal of Council be affixed to all necessary documents.
D. All
tenderers be advised of Council’s decision in accordance with Clause
178 of the Local Government Tendering Regulation.
|
|
|
|
Craig Roberts
Project Manager
|
Peter Lichaa
Manager Technical Services
|
|
Attachments:
|
A1 ⇩
|
RFT3-2023
List of Submitters
|
|
2023/347746
|
|
|
A2
|
RFT3-2023
Drainage Asset Condition Assessment using Closed Circuit Television Camera
(CCTV) - Tender Evaluation Report
|
|
Confidential
|
|
ATTACHMENT No: 1 - RFT3-2023
List of Submitters
|
|
Item No: GB.10
|
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Ordinary
Meeting of Council - 21 November 2023
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GB.11 / 1
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Item
GB.11
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RFT7-2023/R
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RFT7-2023 Master plan Implementation
Stage 1 Hassall Park St Ives
EXECUTIVE
SUMMARY
Purpose of Report
To consider the tenders received for RFT7-2023 Masterplan Implementation
Stage 1 - Hassall Park St Ives and to appoint the preferred tenderer.
Background
Council approved the funding for
the Masterplan
Implementation Stage 1 - Hassall Park. This project is in the
construction stage. An appointment of an external contractor is required to
commence the construction. Tender documents were released through Tenderlink on
15th September 2023 and closed on the 24th October 2023.
As the cost of the works was
estimated to be over $250,000, Tenders were called using Tenderlink in
accordance with the tender requirements of the Local Government Act and Regulation.
Comments
Six (6) tenders were received
and recorded in accordance with Council’s tendering policy.
A Tender Evaluation Panel
consisting of staff from the Operations Department was formed to assess the six
(6) tenders received.
At the conclusion of the tender
evaluation, Tenderer ‘A’ was identified as providing the best value
for money to Council.
Confidential attachments to this
report include:
· List
of tenders received (Attachment 1),
· Tender
Evaluation Report and recommendation (Attachment 2)
integrated planning and reporting
Places, Spaces and
Infrastructure
P6: Enhancing recreation,
sporting and leisure facilities
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Community Strategic Plan Long Term Objective
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Delivery Program
Term Achievement – 3 year
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Operational Plan
Task – Year 1
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P6.1: Recreation, sporting and leisure facilities are
available to meet the community’s diverse and changing needs.
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P6.1.1: A program is being implemented to improve existing
recreation, sporting and leisure facilities and facilitate the establishment
of new facilities.
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P6.1.1.1: Deliver Council’s adopted Open Space
Capital Works Program.
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Governance Matters
Tender documents were prepared
and released through Tenderlink on 15th September 2023 and closed on
the 24th October 2023. At the close of tender, six (6) tenders were received.
All submissions were recorded in accordance with Council’s tendering
policy. A Tender Evaluation Panel consisting of staff from the Operations Department
was formed to assess the six (6) tenders received. The evaluation considered:
· Conformity
of submission,
· Lump
sum fee,
· Capacity,
capability with suitably qualified staff,
· Experience
· Availability
– Start Date, methodology and estimated duration of work,
· Work
Health and Safety (WHS) and Risk Management
· Environmental
· Performance
and Financial Assessment.
Confidential attachments to this report include the list of
tenders received and the Tender Evaluation Report and recommendation. The
attachments are considered to be confidential in accordance with Section 10A
(2)(d)(iii) of The Local Government Act 1993 as they are considered to contain commercial
in confidence information.
Risk Management
Three (3)
key areas of risk were identified in relation to the proposed work:
· That
the construction be carried out by a contractor with the ability to provide a
full range of services with suitably qualified staff.
· Work
Health and Safety (WHS), Risk Management and Environmental.
· That Council
should not be exposed to financial risk - as part of the evaluation process,
tenderers were assessed on providing all information and costs requested within
the tender document. An independent Performance and Financial Assessment was
carried out on the preferred tenderer to ensure that they were trading
responsibly and had the financial capacity to undertake the work as detailed
within the tender documents.
Financial Considerations
The construction of the Masterplan Implementation Stage 1 - Hassall
Park is funded by 2010 plan – Local Parks & sporting
facilities South, Infrastructure and Facilities Reserve.
Social Considerations
On completion, the proposed work will provide a facility
which is in line with Council’s Community
Strategic Plan, Our Ku-ring-gai 2038 and the Plan’s long term
directions including recreation, sporting and leisure facilities are available
to meet the community’s diverse and changing needs.
Environmental Considerations
An Environmental Review of
Environmental Factors Assessment (REF) has been undertaken and there were no
significant impacts identified.
Community Consultation
Council has undertaken a
community survey through an online platform and a mail out to residents within
a 500m radius of the reserve.
Following that, Council sought
further community comment on the concept plan prior to finalising the design of
the play space. Council will undertake a before and after quality of play space
survey with the community.
Internal Consultation
All relevant departments were consulted.
Summary
Tender RFT7-2023 Masterplan Implementation
Stage 1 - Hassall Park St Ives was released through Tenderlink on 15th
September 2023 and closed on the 24th October 2023.
A Tender Evaluation Panel was formed consisting of
representatives from the Operations Department. Council received six (6)
tenders. All tenders were recorded in accordance with Council’s tendering
policy.
Following the evaluation and an independent performance and
financial assessment, it is recommended that Tenderer ‘A’ be
appointed on the basis of providing the best value for money to Council.
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Recommendation:
That:
A. Council
accepts the tender submission from Tenderer ‘A’ to carry out the
Masterplan Implementation Stage 1 - Hassall Park St Ives.
B. The
Mayor and General Manager be delegated authority to execute all tender
documents on Council’s behalf in relation to the contract.
C. The
Seal of Council be affixed to all necessary documents.
D. All
tenderers be advised of Council’s decision in accordance with Clause
178 of the Local Government Tendering Regulation.
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Craig Roberts
Project Manager
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Peter Lichaa
Manager Technical Services
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Attachments:
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A1⇩
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RFT7-2023
List of Submitters
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2023/347763
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A2
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RFT7-2023
Masterplan Implementation Stage 1 Hassall Park - Tender Evaluation Report
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Confidential
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ATTACHMENT No: 1 - RFT7-2023
List of Submitters
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Item No: GB.11
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Ordinary
Meeting of Council - 21 November 2023
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GB.12 / 1
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Item
GB.12
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RFT9-2023/R
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RFT9-2023 Eldinhope Green playground
upgrade
EXECUTIVE
SUMMARY
Purpose of Report
To consider the tenders received for RFT9-2023 Eldinhope Green playground
upgrade Wahroonga and to appoint the preferred tenderer.
Background
Council approved the funding for
the Eldinhope
Green playground upgrade. This project is in the construction stage. An
appointment of an external contractor is required to commence the construction.
Tender documents were released through Tenderlink on 26th September
2023 and closed on the 24th October 2023.
As the cost of the works was
estimated to be over $250,000, Tenders were called using Tenderlink in
accordance with the tender requirements of the Local Government Act and Regulation.
Comments
Nine (9) tenders were received
and recorded in accordance with Council’s tendering policy.
A Tender Evaluation Panel
consisting of staff from the Operations Department was formed to assess the
nine (9) tenders received.
At the conclusion of the tender
evaluation, Tenderer ‘A’ was identified as providing the best value
for money to Council.
Confidential attachments to this
report include:
· List
of tenders received (Attachment 1),
· Tender
Evaluation Report and recommendation (Attachment 2)
integrated planning and reporting
Places, Spaces and
Infrastructure
P6: Enhancing recreation,
sporting and leisure facilities
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Community Strategic Plan Long Term Objective
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Delivery Program
Term Achievement – 3 year
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Operational Plan
Task – Year 1
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P6.1: Recreation, sporting and leisure facilities are
available to meet the community’s diverse and changing needs.
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P6.1.1: A program is being implemented to improve existing
recreation, sporting and leisure facilities and facilitate the establishment
of new facilities.
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P6.1.1.1: Deliver Council’s adopted Open Space
Capital Works Program.
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Governance Matters
Tender documents were prepared
and released through Tenderlink on 26th September 2023 and closed on
the 24th October 2023. At the close of tender, nine (9) tenders were received.
All submissions were recorded in accordance with Council’s tendering
policy. A Tender Evaluation Panel consisting of staff from the Operations Department
was formed to assess the nine (9) tenders received. The evaluation considered:
· Conformity
of submission,
· Lump
sum fee,
· Capacity,
capability with suitably qualified staff,
· Experience
· Availability
– Start Date, methodology and estimated duration of work,
· Work
Health and Safety (WHS) and Risk Management
· Environmental
· Performance
and Financial Assessment.
Confidential attachments to this report include the list of
tenders received and the Tender Evaluation Report and recommendation. The
attachments are considered to be confidential in accordance with Section 10A
(2)(d)(iii) of The Local Government Act 1993 as they are considered to contain commercial
in confidence information.
Risk Management
Three (3)
key areas of risk were identified in relation to the proposed work:
· That
the construction be carried out by a contractor with the ability to provide a
full range of services with suitably qualified staff.
· Work
Health and Safety (WHS), Risk Management and Environmental.
· That Council
should not be exposed to financial risk - as part of the evaluation process,
tenderers were assessed on providing all information and costs requested within
the tender document. An independent Performance and Financial Assessment was
carried out on the preferred tenderer to ensure that they were trading
responsibly and had the financial capacity to undertake the work as detailed
within the tender documents.
Financial Considerations
The construction of the Eldinhope Green playground upgrade is
funded by S7.12 Levies.
Social Considerations
On completion, the proposed work will provide a facility
which is in line with Council’s Community
Strategic Plan, Our Ku-ring-gai 2038 and the Plan’s long term
directions including recreation, sporting and leisure facilities are available
to meet the community’s diverse and changing needs.
Environmental Considerations
An Environmental Review of
Environmental Factors Assessment (REF) has been undertaken and there were no
significant impacts identified.
Community Consultation
Council has undertaken a
community survey through an online platform and a mail out to residents within
a 500m radius of the reserve.
Following that, Council sought
further community comment on the concept plan prior to finalising the design of
the play space. Council will undertake a before and after quality of play space
survey with the community.
Internal Consultation
All relevant departments were consulted.
Summary
Tender RFT9-2023 Eldinhope Green playground
upgrade Wahroonga was released through Tenderlink on 26th
September 2023 and closed on the 24th October 2023.
A Tender Evaluation Panel was formed consisting of
representatives from the Operations Department. Council received nine (9)
tenders. All tenders were recorded in accordance with Council’s tendering
policy.
Following the evaluation and an independent performance and
financial assessment, it is recommended that Tenderer ‘A’ be
appointed on the basis of providing the best value for money to Council.
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Recommendation:
That:
A. Council
accepts the tender submission from Tenderer ‘A’ to carry out the
Eldinhope Green playground upgrade Wahroonga.
B. The
Mayor and General Manager be delegated authority to execute all tender
documents on Council’s behalf in relation to the contract.
C. The
Seal of Council be affixed to all necessary documents.
D. All
tenderers be advised of Council’s decision in accordance with Clause
178 of the Local Government Tendering Regulation.
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Craig Roberts
Project Manager
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Peter Lichaa
Manager Technical Services
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Attachments:
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A1 ⇩
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RFT9-2023
List of Submitters
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2023/347771
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A2
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RFT9-2023
Eldinhope Green Playground Upgrade - Tender Evaluation Report
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Confidential
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ATTACHMENT No: 1 - RFT9-2023
List of Submitters
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Item No: GB.12
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Ordinary
Meeting of Council - 21 November 2023
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GB.13 / 1
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Item
GB.13
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S13749
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Draft Planning Agreement for land
dedication - 2-4 Park Crescent Pymble - Post exhibition
EXECUTIVE
SUMMARY
Purpose of Report
To report to council following the exhibition of the draft
Planning Agreement for the dedication of land for footpath widening on Park
Crecent Pymble outside the approved development at 2-4 Park Crescent Pymble.
Background
Ku-ring-gai’s Development Control Plan (DCP) and
Pymble Public Domain Plan (PDP) provides for footpath widening and public
domain improvements along Park Crescent, Pymble as development occurs to
improve pedestrian accessibility and amenity.
Footpaths and nature strips, alongside the asphalt
carriageways, are all parts of the formal road reserves owned by Council across
the Local Government Area. As such, this proposed Planning Agreement uses the
correct legal terminology “road land” to refer to the land that, in
this particular case, is intended to be improved as a part of the pedestrian
footway rather than a widening of the carriageway. All such areas are part of
the public domain. A Planning Agreement is required to enable Council to accept
the dedication of land offered in accordance with the provisions of the DCP.
DA0025/21 was approved by the Land and Environment Court on
12 April 2022 and comprises a shop top housing development consisting of two
business tenancies, eight residential apartments and basement car parking. The
original proponent had also submitted a Letter of Offer to Council to commence
the process of negotiating a Planning Agreement, however, the approved
development site was on-sold to Greencity Macquarie Pty Ltd before much further
progress had been made. Subsequent negotiations have been with the purchaser,
being the current owner and prospective developer.
The draft Planning Agreement to give effect to the
dedication of land for footpath widening was finalised in consultation with the
new owner / developer and was presented to Council for authorisation for public
exhibition at the September 2023 OMC. That exhibition has now concluded and
this report recommends formally entering into the Planning Agreement.
It should be noted that, as the DA was approved by the NSW
Land & Environment Court prior to the progression of negotiation of the
Planning Agreement with the purchasing developer, there was no capacity for
changes to the existing consent. The Planning Agreement essentially gives
effect to the legal dedication of the land provided by way of a two metre
setback and supports the works provided for in this space by the approved DA
including provision for council concurrence, inspections, maintenance and a
defects liability period.
Comments
Planning for Pymble Local Centre
The existing footway along Park Crescent is very narrow and
needs widening to accommodate the pedestrian traffic arising from progressive
future mixed-use redevelopment in Pymble (under current zonings) and to
facilitate compliance with DDA requirements. The redevelopment phase is the
sole window of opportunity for achieving such an outcome in the most
cost-effective way. For this reason, provision for land dedication free-of-cost
associated with each potential redevelopment was included in the Development
Control Plan and Public Domain Plan from the start of the present phase of
redevelopment in 2009.
Realising the public domain outcomes that rely on
progressive land dedications concurrent with redevelopment, is a long-term
vision. An example that is more advanced is Fitzsimons Lane in Gordon, where we
are seeing the success of this policy. In Gordon, three separate dedications
under separate Planning Agreements arose from redevelopment proposals in
similar circumstances. Public Domain Plans have now been prepared for the Fitzsimons
Lane revitalisation as a whole. Comparatively, Pymble has experienced less
redevelopment on the eastern side of the railway line where the subject
property is located. This site is the first dedication along Park Crescent
although it is also the property with the longest frontage in this section.
It is important to remember that, as this is the first of a
series of progressive dedications anticipated along this footway, initially, it
will only be in front of the subject development. However the two properties to
the north-east are long narrow lots with little more than the width of their
driveway crossings along Park Crescent and these next adjoin Council’s
Alma Street carpark which features a wide garden bed. The pedestrian approach
from the Alma Street corner will, accordingly, appear more publicly open even
though the Park Crescent rear access of the long linear adjoining properties
that front 91 and 93 Grandview Street, remains in private ownership beyond the
driveway crossing. There is no present potential for the dedication of a two
metre setback for these properties unless and until there is a redevelopment
proposal.
Noting that the Alma Street corner features a car park,
owned by Council, it is possible for Council to implement some upgrades to that
part of the footpath at any time of its choosing. At this time, council could
consider the finish of that part of the Park Crescent footpath that is
currently in council ownership to incorporate the setback that is the subject
of this dedication. It would not be cost effective for council to deliver any
footpath upgrades to its own footpath unless a reasonable length of upgrade was
feasible, as in Fitzsimons Lane.
The dedication (free of cost) of the two metre wide strip of land along the frontage
of 2-4 Park Crescent Pymble and the associated works will have a positive
impact on the Pymble Local Centre and its residents and visitors. It
will facilitate public access and social gathering in the immediate urban precinct which is frequented by parents
and children visiting the adjoining park, playground and tennis courts. It will
increase available footpath space in front of a new mixed use building with
small retail/commercial tenancies at ground level. The area will offer the
potential for an outdoor dining area in a location with a sunny easterly aspect
and views over the adjoining parkland (subject to future approval on its own
merits). This will contribute towards the revitalisation of the
precinct. The subject site is the longest area of frontage where setback
and dedication is required by the DCP.
PUBLIC EXHIBITION
The
draft Planning Agreement was exhibited from Wednesday, 27 September 2023 to
Friday, 27 October 2023, which exceeded the minimum of 28 days for
public comment to ensure openness and transparency. At the close of the
exhibition period one submission had been received which has been separately
circulated to Councillors.
The
submission makes two points; one concerning the equity of dedication of land
free-of-cost and the other on the future continuity of the proposed widening to
the north.
The
policy of land dedication for public domain upgrades has been in place since
the local centres were rezoned for more intensive redevelopment from 2009.
While all such dedications to the public domain are incorporated into the road
reserve, the road reserve includes not only carriageway, but also kerb and
gutter and footpaths. In short, the public domain extends between each opposite
boundary of the private domain. In the case of Park Crescent, the immediate
intended purpose of the dedications is the widening of the footway rather than
the carriageway – notwithstanding the legalistic reference to “road
land”. Legally, both footway and carriageway are part of the road
reserve.
The
policy and procedure of land dedications being made only when concurrent with
redevelopment proposals is intended to specifically enable the immediate
utilisation (within the proposed development) of the floor space potential of
the land that is to be dedicated. As such, the loss of value to the owner
referred to in the submission does not arise and the residual land can then be
equitably dedicated free of cost.
The
cost of including all of the many narrow strips of land across many
lanes and narrow streets that are proposed for widening across Ku-ring-gai (at
full high-density market value), would have been cost-prohibitive for the s7.11
(formerly s94) contributions plan, giving rise to unsustainable and uneconomic
contribution rates. This would have necessitated abandoning most of this vision
for public domain upgrades as part of the redevelopment process. The concept of
offsetting against anticipated income from contributions, any land or works
that are not valued by the contributions plan and included in the works
programmes and contribution rates, would permanently divert that income and
threaten the delivery of the works that are supported by the contributions
plan. By implementing a policy of progressive dedication concurrent with
redevelopment that can utilise the floorspace potential that gives the land its
value, within each proposed development, these widenings can be achieved much
more cost-effectively. This also means that the contributions plan can focus on
funding the cost of the works component of the public domain upgrades. The
trade-off for this cost-efficiency, is that the realisation of the complete
vision will take longer to fully achieve in some areas compared than others.
The
submission also commented on the continuation of land dedication in Park
Crescent towards Post Office Street in view of the heritage item at 4A Park
Crescent. It is acknowledged that the potential for further dedication towards
Post Office Street may be limited. It must be emphasised, however, that the
primary purpose of the widening is additional footpath space, rather than
carriageway. A complete block is not required for footpath works to be
instigated in the areas council does control. It is open to council to
investigate instigating the upgrades for the area south-east of this property
including the Alma Street corner.
INTEGRATED PLANNING AND REPORTING
Theme Three: Places,
Spaces and Infrastructure
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Community
Strategic Plan
Long Term Objective
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Delivery
Program
Term Achievement
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Operational Plan
Task
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P2.1 A robust planning framework is in place to deliver
quality design outcomes and maintain the identity and character of Ku-ring-gai
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Strategies, plans and processes are in place to
effectively manage the impact of new development
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P8.1.1.1.1.1-2
Ku-ring-gai
Contributions Plan
2010 ensures new development contributes towards the cost of delivering supporting infrastructure.
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P4.1 Our centres offer a broad
range of shops and services and contain lively urban village
spaces where people can
live, work, shop, meet and spend leisure time
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Plans to revitalise local centres are being progressively
implemented and achieve quality design outcomes in collaboration with key
agencies,
landholders and
the
community
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C6.1.2.1.2; C4.1.2.1.3
New public
infrastructure is planned to support new development and ensure that everyone
who lives and works in Ku-ring-gai continues to enjoy access to public
facilities.
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P8.1 An improved standard of infrastructure that meets the
community’s service level standards and Council’s obligations as
the custodian of our community’s assets
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Our public infrastructure and assets are planned, managed
and funded to meet community expectations, defined levels of service and
address inter-generational equity
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C6.1.2.1.2; C4.1.2.1.3
New public
infrastructure is planned to support new development and ensure that everyone
who lives and works in Ku-ring-gai continues to enjoy access to public
facilities.
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Governance Matters
The negotiation of this draft Planning Agreement has been
guided by Ku‑ring‑gai Planning Agreement Policy 2019.
The draft Planning Agreement has been prepared with input
from the Property Unit, Operations and the Corporate Lawyer. Council
appointed Wilshire Webb Staunton Beattie Lawyers to act on its behalf, the firm
which also had carriage of other Planning Agreements involving the dedication
of land for the expansion of the road reserve either for increased carriageway
and / or for pedestrian improvements including Fitzsimons Lane in Gordon and
Havilah Lane in Lindfield. The developers / landowners of the site at 2-4 Park
Crescent, Pymble also retained their own independent legal advisor.
Risk Management
Council has commissioned an external legal team to assist
with the drafting of the Planning Agreements. This legal firm has assisted
council with several prior matters of land dedication under the Development
Control Plan and Public Domain Plan for the enhancement of the public domain.
Financial Considerations
The strategic planning for the
widening of pedestrian footway along Park Crescent foreshadowed that the
associated developments retain the opportunity to utilise the floor space
potential of the land to be dedicated thus compensating the development for the
market value of the land. As such, such dedications occur concurrently with
progressive redevelopment.
While this means the final realisation of the public domain
planning is a long-term vision, this is a cost-effective means of facilitating
the dedication of land free of cost and enables a reduction in development
contributions by limiting exposure to land acquisition costs. There are many
narrow streets and footways in Ku-ring-gai’s local centres and to have
included the full market value of the higher density-zoned land in the s7.11
contributions plan for each of these areas would have resulted in an uneconomic
contribution rate.
The finish of the footway to be dedicated is being enhanced
as part of the development in accordance with the plans approved by the Land
and Environment Court supported by conditions of consent. The draft Planning
Agreement complements the development consent and includes provision for
council concurrence and inspections during construction and a defects liability
period. Council can consider the enhancement of the public domain from the Alma
Street car park towards this property at any time after this redevelopment is
completed to maximise the public benefit of part of the widened footway.
SOCIAL CONSIDERATIONS
The dedication of this narrow strip of land along Park
Crescent facilitates the public domain improvements foreshadowed in the Development
Control Plan and the Pymble Public Domain Plan. The improvements
support the activation of the pedestrian area with positive associated social
impacts such as encouraging the likelihood of more active ground level uses,
more social activity and interaction, better amenity and safety arising from
greater surveillance and better connectivity to Pymble Park.
ENVIRONMENTAL CoNSIDERATIONs
The draft Planning Agreement involves only the dedication of
land for the purpose of the widening of the pedestrian way along Park Crescent
in Pymble. Environmental considerations are a core component of the
detailed design of all Council’s public domain improvement works and are
part of the development assessment process for any application. The development
assessment process for the subject site, has been completed. Consent was
granted by the Land and Environment Court.
COMMUNITY Consultation
The
draft Planning Agreement was exhibited from Wednesday, 27 September 2023 to
Friday, 27 October 2023, which exceeded the minimum of 28 days for public
comment to ensure openness and transparency. At the close of the exhibition
period one submission had been received which is commented on in the body of
the report. In view of the commentary in that submission about the financial
aspects of land acquisition for public domain works generally, the Financial
Considerations section has also been enhanced to provide greater clarity on the
concept as a progressive work-in-progress.
Internal Consultation
Staff members from Urban Planning, Operations, the Property
Unit and the Corporate Lawyer have been directly involved in this matter.
Council appointed Wilshire Webb Staunton Beattie Lawyers to act on their
behalf.
Summary
This report summarises the background to the draft Planning
Agreement for the dedication of a two metre wide strip of land as part of a
redevelopment, being DA0025/21, at 2-4 Park Crescent Pymble, which was approved
by the Land and Environment Court in 2022. This report follows the completion
of the statutory exhibition period and includes the public commentary arising.
This land dedication is a requirement of the Ku-ring-gai Development
Control Plan (KDCP) and the Pymble Public Domain Plan (PDP) to facilitate
pedestrian improvements and amenity in Pymble Local Centre. Legally, a planning
agreement is required to be in place in order to allow council to accept the
dedication of land that is not explicitly included in the adopted s7.11 contributions
plan.
The draft Planning Agreement and Explanatory Note (Schedule
One – page 22) is attached at Attachment A1 and it is recommended
that council proceed to enter into the planning agreement and to take the
necessary steps to execute it. Some minor typographical errors have been
corrected for readability which do not affect the context of the Planning
Agreement. A draft plan of subdivision showing the land is included within the
document at Annexure B.
Recommendation:
A. That
Council resolve to enter into the Planning Agreement with Greencity Macquarie
Pty Ltd as specified in Attachment A1.
B. That
Council grant delegation to the General Manager and Mayor to execute the
Planning Agreement under the Common Seal.
C. That
delegation be granted to the General Manager, or his delegate, to make any
minor administrative changes or typographical corrections to the document to
protect Council’s interests, provided they do not alter the overall
intent.
D. That
the Planning Agreement register be updated to include the Planning Agreement
for 2-4 Park Crescent, Pymble upon the execution of the Planning Agreement.
E. That
delegation be granted to the General Manager to give effect to the requirements
of the Planning Agreement after execution, as they apply to actions required of
the Council as particularised in the Planning Agreement.
F. That
Council authorises the General Manager and the Mayor to execute all
documentation associated with the foregoing transactions and conveyances, including
the fixing of the Common Seal, if required.
G. That
council staff investigate the feasibility of commencing planning for public
domain upgrade works in Park Crescent following the completion of construction
of 2-4 Park Crescent Pymble.
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Kate Paterson
Infrastructure Coordinator
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Craige Wyse
Team Leader Urban Planning
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Antony Fabbro
Manager Urban & Heritage Planning
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Andrew Watson
Director Strategy & Environment
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Attachments:
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A1 ⇩
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Draft Planning Agreement for 2-4
Park Crescent Pymble
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2023/349640
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ATTACHMENT No: 1 - Draft
Planning Agreement for 2-4 Park Crescent Pymble
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Item No: GB.13
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Ordinary
Meeting of Council - 21 November 2023
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GB.14 / 1
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Item
GB.14
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S07252/14
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Release and acquisition of Council
easement at 6-12 Nulla Nulla Street Turramurra
EXECUTIVE
SUMMARY
Purpose of Report
To consider a request to relocate Council’s stormwater
infrastructure and extinguish an existing Council drainage easement (Dealing
B851698) that traverses one of the four lots (Lot B DP 323907) of the
subject development site at 6-12 Nulla Nulla Street Turramurra.
Background
On 28 October 2022, the Land and Environment Court granted
Development Consent to DA0043/22 to SRGD No.2 Pty Ltd (the Applicant) for the
demolition of existing structure, consolidation existing lots and construction
of 20 multi dwelling houses with basement parking, easement relocation and
associated works.
For the purpose of this report the relevant conditions of
approval are:
SCHEDULE A: DEFERRED
COMMENCEMENT – TERM(S) TO BE SATISFIED PRIOR TO THE CONSENT BECOMING
OPERABLE
The following
deferred commencement term(s) must be complied with to the satisfaction of
Council within five (5) years of the date of issue of this deferred
commencement development consent:
1. Approval
for trunk drainage works
The applicant
shall obtain a resolution from Ku-ring-gai Council that it will consent to the
relocation/ augmentation of the pipe and easement(s) for drainage which currently burden the subject property.
Council’s Property Program Coordinator will be responsible for preparing
the necessary report to Council, subject to payment of the adopted fee for the
preparation of such reports. A detailed hydraulic design for the new works is to
be submitted with the application.
The following
engineering details must be included:
· plan
view of the trunk drainage system to scale showing dimensions, location and
reduced levels of all pits, grates, pipe inverts, flushing facilities and exact
point of discharge
· the
contributing catchment calculations and supporting pipe sizing information
· longitudinal
section, showing existing ground levels and proposed pipe invert levels,
grades, flow capacities and pit losses
· surrounding
survey detail, including all trees within 7 metres of the proposed drainage
system and the actual location of any existing underground services
· means to
preserve the root systems of trees within 7 metres of the drainage system.
This
Development Consent will not operate until the above resolution has been
obtained.
Reason:
To control stormwater and protect the environment.
CONDITIONS TO BE SATISFIED
DURING THE DEMOLITION, EXCAVATION AND CONSTRUCTION PHASES:
57. Staging of trunk drainage works
Staging
of trunk drainage diversion works must take place in the following sequence:
1. Ku-ring-gai
Council approves through resolution the relocation of the Council drainage easement
through the site (in accordance with construction certificate condition).
2. The new pipeline is installed by the Applicant
in accordance with the approved drawings and any conditions
required by Council.
3. The redundant Council drainage line is decommissioned and the new drainage
line made operative.
Reason:
To control stormwater and protect the environment.
58.
Creation of a drainage easement to benefit Council
Prior to the
issue of an Occupation Certificate, a drainage easement to benefit Council is
to be created over Councils stormwater pipe traversing the site under Section
88B of the Conveyancing Act 1919. The terms of the easement are to be generally
in accordance with the terms in the Conveyancing Act 1919 (Schedule 4A
Easements in gross, Part 3 Easements to drain water). The easement shall be
created in accordance with Councils Easement Management Policy and shall be
lodged with Council’s Property Department.
Reason:
For protection of Councils stormwater pipe.
Council’s Operations and Development and Regulation
departments will be responsible for assessing the engineering, specifications
and design elements of the subject conditions.
On 16 October 2023, the Applicant submitted the required
application for the release of the existing Council easement which traverses
the development site on Lot B DP323907 (8 Nulla Nulla Street, Turramurra).
The easement application is a requirement under Council’s adopted
Easement Management Policy 2013, which sets out the formal process and
requirements to release or modify existing Council easements on private lands.
These requirements include an undertaking from the Applicant to meet all of
Council’s costs associated with the request and the payment of commercial
consideration in the event the release or modification of the easement is
approved by Council.
The acceptance of the application and the accompanying
assessment fee does not confirm that the easement request will be approved by
Council, and this is clearly stated in the Easement Management Policy.
Comments
The proposed development involves the release of existing
Council easement which traverses one of the four lots of the subject
development site and the relocation of new replacement drainage infrastructure
over another part of the property (refer to plan in Attachment A1).
This allows the development consent to become operational and creates a
development uplift in the value of the property, due to the relocation of the
drainage infrastructure off the building footprint to the outer side of the
property.
Previous legal advice obtained has confirmed that an
easement is a valuable property right and an asset of Council. Accordingly,
there is a responsibility, on Council’s part, to dispose of
Council’s interests in property in a commercially transparent, fair and
proper manner. This includes extinguishing easements for fair market value. The
most objective manner for Council to ensure that this occurs is to obtain an
independent valuation of the easement to be extinguished based on the
circumstances of each case.
Council’s adopted Easement Management Policy
specifically provides for commercial consideration where the release and
relocation of a Council easement provides a commercial benefit to the developer
or an “uplift” in the property’s value. Council staff
have in the past concluded successful commercial negotiations for the release
and modification of existing Council easements over similar development sites
where release or relocation has allowed for the maximisation of development
opportunity on the site and has created an “uplift” in the
“before and after” value of the land.
This report seeks Council’s approval to progress the
application process and endorse the General Manager as the delegated authority
to conclude future negotiations with the Applicant in relation to securing fair
commercial consideration for the release of the existing easement based
strictly on the valuation advice that Council receives from its expert
independent valuer.
integrated planning and reporting
Theme – Leadership and Governance - L2 Financial
capacity and sustainability
|
Community Strategic
Plan Long Term Objective
|
Delivery Program
Term Achievement
|
Operational Plan
Task
|
|
Council rigorously manages its financial resources and
assets to maximise service delivery
|
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 is permitted to
dispose, or deal with property, including easements, in accordance with the Local
Government Act 1993.
The existing easement is a valuable proprietary right that
benefits Council and can only be extinguished by a resolution of Council.
Council’s adopted Easement Management Policy outlines
processes and requirements for both internal and external parties. The Policy
has been provided to the Applicant to ensure that all parties are informed of
Council’s requirements and dealings are consistent with its terms.
Risk Management
Council has, in the past, formally approved of a number of
similar requests for the release/extinguishment of easements. Approval has been
conditional on the developer providing alternate infrastructure to
Council’s specifications and paying fair commercial consideration
assessed by independent valuation.
Subject to Council resolution, the appropriate legal
documentation to release the easement will be reviewed by Council’s
solicitors. Council’s solicitors will also review the new easement to be
created in Council’s favour over the subject freehold land once the final
survey and lot consolidation processes are completed.
Financial Considerations
The Applicant will be responsible for all costs associated
with the release of the easement, including but not limited to construction of
new drainage works, relocation and de-commissioning of infrastructure,
valuation, legal, survey, stamp duty, registration etc., and payment of fair
commercial consideration.
Council staff have commissioned an expert independent valuer
to obtain a valuation to assess fair compensation/commercial consideration for
extinguishing Council’s existing easement over this site. The appointed
valuer has been instructed to take into account all relevant circumstances,
including the location of the new stormwater drainage easement being over
another part of the freehold property and the associated infrastructure being
provided to Council at no cost. Another key factor that the valuer is to
consider is the “uplift to the developer” of the property to allow
development due to Council approving the relocation.
In line with the adopted Easement Management Policy and,
subject to Council resolution, the quantum of commercial consideration to be
negotiated with the Applicant shall be based on the valuation advice that
Council receives from its independent expert valuer. Council’s
adopted Fees and Charges for 2023/2024 prescribes an amount of $20,000 plus GST
for the release of a Council easement or an amount assessed by independent
valuation whichever is the greater.
Social Considerations
Council and its officers have
a responsibility to the community to administer Council’s interests in
property in an objective and fair manner.
Environmental Considerations
Environmental impacts have been determined and mitigated
through the development assessment and approval process.
Community Consultation
There has been no specific community consultation undertaken
in relation to the specific easement request contained in this report.
Internal Consultation
Consultation has been held with staff from Council’s
Operations, Development and Regulation and Strategy and Environment
Departments.
Summary
The Applicant seeks to extinguish an existing stormwater
easement (Dealing B851698) that benefits Council over one of the four lots (Lot
B DP323907) of the subject development site at 6‑12 Nulla Nulla
Street, Turramurra and to replace the new drainage infrastructure on an
alternate location on the property to Council’s approved specifications.
The Applicant has been advised of Council’s
requirements to progress the release of the existing easement and has paid the
required application fee and submitted written confirmation agreeing to
Council’s requirements set out in Council’s adopted Easement
Management Policy. Easements are a valuable property right and an asset of
Council which are required to be disposed of in a commercially transparent,
fair and proper manner.
The most objective manner for Council to ensure that this
occurs is to obtain an independent valuation of the easement to be released
which takes into account all relevant circumstances, including any
“uplift” in the value of the property and the enhanced development
potential of the site due to the relocation of the drainage easement.
Council’s approval is sought to progress the
application process and endorse the General Manager as the delegated authority
to conclude future negotiations with the Applicant in relation to securing fair
commercial consideration for the release of the existing easement based
strictly on the valuation advice that Council receives from its expert
independent valuer. Council’s adopted Fees and Charges for 2023/2024
prescribes an amount of $20,000 plus GST for the release of a Council easement
or an amount assessed by independent valuation whichever is the greater.
Recommendation:
A. That
Council resolves that the General Manager or his delegate be authorised to
negotiate Council’s requirements including the payment of fair commercial
consideration for the release of the existing easement (Dealing B851698) at 8
Nulla Nulla Street, Turramurra being Lot B DP 323907. The
amount of commercial consideration is to be the amount assessed by independent
valuation or $20,000 plus GST as per Council’s Fees and Charges whichever
is the greater.
B. That
subject to the General Manager or his delegate completing negotiations on the
basis set out in this report that Council grants approval for the
release/extinguishment of the existing easement (Dealing B851698).
C. That
Council approves of the acquisition of a new easement being created in favour
of Council in the form of a section 88B Instrument over the alternate part of
the freehold property depicted in Attachment A1, subject to survey and
Council approval. The easement to be acquired will be at no cost to Council.
D. That
Council authorises the General Manager and or his delegate to execute all
documentation to facilitate the release of the easement and the creation of a
new easement in Council’s favour as reflected in Council’s
resolution.
E. That
all costs associated with the release of the existing easement and the creation
of a new easement in favour of Council, including legal and survey costs and
all costs associated with the new drainage works be borne by the Applicant.
|
Vince Rago
Property Program Coordinator
|
Steve Johnson
Manager Property
|
|
Andrew Watson
Director Strategy & Environment
|
|
|
Attachments:
|
A1 ⇩
|
Release
and grant of Easement - 6-12 Nulla Nulla St Turramurra
|
|
2023/335522
|
|
ATTACHMENT No: 1 - Release
and grant of Easement - 6-12 Nulla Nulla St Turramurra
|
|
Item No: GB.14
|
|
Ordinary
Meeting of Council - 21 November 2023
|
GB.15 / 1
|
|
|
|
|
Item
GB.15
|
S07252/14
|
Release and acquisition of Council
easement at 47 Carbeen Avenue St Ives
EXECUTIVE
SUMMARY
Purpose of Report
To consider a request to relocate Council’s
stormwater/ drainage infrastructure and to extinguish/release an existing
Council easement (G549181 & AF660466) that traverses 47 Carbeen Avenue, St
Ives (Lot 5 DP 27030).
Background
Council’s determination of
DA0321/22 and DA0119/23 included, respectively, the following deferred
commencement terms:
|
Application No.:
|
DA0321/22
|
|
Proposed Development:
|
Stormwater works, including realignment of the stormwater
pipe in the backyard
|
|
Property:
|
47 Carbeen Avenue ST IVES NSW 2075
|
SCHEDULE A: Deferred
Commencement – Term(s) to be satisfied prior to the consent becoming
operable
1. Approval
for relocation of Council pipe and easement
Prior
to the operation of the consent, the Applicant shall obtain a resolution from
Ku-ring-gai Council as the asset owner that it will consent to the relocation
of the existing Council easement for drainage and underground pipe.
Council’s
resolution is required for the relocation of the pipe and easement and is to be
obtained prior to the operation of the consent. Such approval is not guaranteed
and conditions may be imposed including monetary incentives to extinguish and
relocate easements.
Reason: To protect the environment and Council's assets.
|
Application No.:
|
DA0119/23
|
|
Proposed Development:
|
Demolition of existing structures, construction of a
dwelling house and associated works
|
|
Property:
|
47 Carbeen Avenue ST IVES NSW 2075
|
SCHEDULE A: Deferred
Commencement – Term(s) to be satisfied prior to the consent becoming
operable
The following deferred commencement term(s) must be
complied with to the satisfaction of Council within five (5) years of the date
of issue of this deferred commencement development consent:
1. Drainage
realignment works (deferred commencement)
This Development Consent will
not operate until all works approved under the Development Consent to DA0321/22
have been completed and the Occupation Certificate for the construction
certificate which relates to Development Consent No. DA0321/22 has been submitted
to and approved by Council’s Development Engineer.
Reason: To
ensure that provision of the stormwater works, including realignment of the
stormwater pipe in the rear yard has been carried out in a proper manner that
protects the construction of the new dwelling.
Comments
The proposed development involves the release of an existing
Council easement which traverses the subject property and the relocation of new
replacement drainage infrastructure over another part of the property (refer to
plan in Attachment A1). This allows the development consent
to become operational and creates a development uplift in the value of the
property, due to the relocation of the drainage infrastructure.
Previous legal advice obtained has confirmed that an
easement is a valuable property right and an asset of Council. Accordingly,
there is a responsibility on Council to dispose of Council’s interests in
property in a commercially transparent, fair and proper manner. This includes
extinguishing easements for fair market value. The most objective manner for
Council to ensure that this occurs is to obtain an independent valuation of the
easement to be released based on the circumstances of each case.
Council’s adopted Easement Management Policy specifically
provides for commercial consideration where the release and/or relocation of a
Council easement provides a benefit to a property owner or developer where
there is a resultant “uplift” in the property’s value.
Council staff have in the past concluded successful commercial negotiations for
the release and modification of existing Council easements over similar
development sites where the release or relocation has allowed for the
maximisation of development opportunity on the site and has created an “uplift”
in the “before and after” value of the land.
This report seeks Council’s approval to progress the
application process and endorse the General Manager as the delegated authority
to conclude future negotiations with the Applicant in relation to securing fair
commercial consideration for the release of the existing easement based
strictly on the valuation advice that Council receives from its expert
independent valuer.
integrated planning and reporting
Theme – Leadership and Governance - L2 Financial
capacity and sustainability
|
Community Strategic
Plan Long Term Objective
|
Delivery Program
Term Achievement
|
Operational Plan
Task
|
|
Council rigorously manages its financial resources and
assets to maximise service delivery
|
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 is permitted to
dispose, or deal with property, including easements, in accordance with the Local
Government Act 1993.
The existing easement is a valuable proprietary right that
benefits Council and can only be extinguished by a resolution of Council.
Council’s adopted Easement Management Policy outlines
processes and requirements for both internal and external parties. The Policy
has been provided to the Applicant to ensure that all parties are informed of
Council’s requirements and dealings are consistent with its terms.
Risk Management
Council has in the past formally approved of several similar
requests for the release and/or extinguishment of easements, though these
have predominately been for multi storey and townhouse development sites
covering several lots. Development approval has been conditional on the
Applicant providing alternate infrastructure to Council’s specifications
and paying fair commercial consideration assessed by independent valuation. In
most of these cases release and/or relocation of the easement has resulted in a
significant uplift in the value of the property given more developable
utilisation of the land has resulted.
In this instance, the proposal entails the demolition of an
existing dwelling house with a new single dwelling house so any uplift in the
value of the property will not be as significant as would be the case with
medium and high-rise development sites.
Subject to Council resolution, the appropriate legal
documentation to release the easement will be reviewed by Council’s
solicitors. Council’s solicitors will also review the new easement to be
created in Council’s favour over the subject freehold land once the final
survey is completed.
Financial Considerations
The Applicant will be responsible for all costs associated
with the release of the easement, including but not limited to construction of
new drainage works, relocation and de-commissioning of infrastructure,
valuation, legal, survey, registration etc., and payment of fair commercial
consideration.
Council staff will commission an expert independent valuer
to obtain a valuation to assess fair compensation/commercial consideration for
extinguishing Council’s existing easement over the property. The
appointed valuer has been instructed to consider all relevant circumstances,
including the location of the new stormwater drainage easement being over
another part of the freehold property and the associated infrastructure being
provided to Council at no cost. Another key factor that the valuer is to
consider is the extent of any “uplift to the owner” in the value of
the property occasioned by Council approving of the relocation of the easement.
Council’s adopted Fees and Charges for 2023/2024
prescribes an amount of $20,000 plus GST for the release of a Council easement
or an amount assessed by independent valuation whichever is the greater.
SOCIAL Considerations
Council and its officers have
a responsibility to the community to administer Council’s interests in
property in an objective and fair manner.
Environmental Considerations
Environmental impacts have been determined and mitigated
through the development assessment and approval process.
Community Consultation
There has been no specific community consultation undertaken
in relation to the specific easement request contained in this report.
Internal Consultation
Consultation has been held with staff from Council’s
Operations, Development and Regulation and Strategy and Environment
Departments.
Summary
As part of an approval for the construction of a new
dwelling house, the Applicant seeks to extinguish an existing
stormwater/drainage easement that benefits Council over 47 Carbeen Avenue St
Ives (Lot B DP 27030). The proposal also entails the creation of a new easement
and the replacement of Council’s drainage infrastructure on an alternate
location on the property to Council’s approved specifications.
The Applicant has been advised of Council’s
requirements to progress the release of the existing easement and has paid the
required application fee and submitted written confirmation agreeing to
Council’s requirements set out in Council’s adopted Easement
Management Policy. Easements are a valuable property right and an asset of
Council which are required to be disposed of in a commercially transparent,
fair and proper manner.
The most objective manner for Council to ensure that this
occurs is to obtain an independent valuation of the easement to be released
which considers all relevant circumstances, including any “uplift”
in the value of the property due to the relocation of the drainage easement.
Council’s approval is sought to progress the
application process and endorse the General Manager as the delegated authority
to conclude future negotiations with the Applicant in relation to securing fair
commercial consideration for the release of the existing easement based
strictly on the valuation advice that Council receives from its expert
independent valuer. Council’s adopted Fees and Charges for 2023/2024
prescribes an amount of $20,000 plus GST for the release of a Council easement
or an amount assessed by independent valuation whichever is the greater.
Recommendation:
A. That
Council resolves that the General Manager or his delegate be authorised to
negotiate Council’s requirements including the payment of fair commercial
consideration for the release of the existing easement at 47 Carbeen Avenue, St
Ives being Lot B DP 270030. The amount of commercial consideration is to be the
amount assessed by independent valuation or $20,000 plus GST as per
Council’s Fees and Charges whichever is the greater.
B. That
subject to the General Manager or his delegate completing negotiations on the
basis set out in this report that Council grants approval for the
release/extinguishment of the existing easement.
C. That
Council approves of the acquisition of a new easement being created in favour
of Council in the form of a section 88B Instrument over the alternate part of
the freehold property depicted in Attachment A1, subject to survey and
Council approval. The easement to be acquired will be at no cost to Council.
D. That
Council authorises the General Manager and or his delegate to execute all
documentation to facilitate the release of the easement and the creation of a
new easement in Council’s favour as reflected in Council’s
resolution.
E. That
all costs associated with the release of the existing easement and the creation
of a new easement in favour of Council, including legal and survey costs and
all costs associated with the new drainage works be borne by the Applicant.
|
Vince Rago
Property Program Coordinator
|
Steve Johnson
Manager Property
|
|
Andrew Watson
Director Strategy & Environment
|
|
|
Attachments:
|
A1⇩
|
A1
Release and grant of easement - 47 Carbeen Street St Ives
|
|
2023/346505
|
|
ATTACHMENT No: 1 - A1
Release and grant of easement - 47 Carbeen Street St Ives
|
|
Item No: GB.15
|
|
Ordinary
Meeting of Council - 21 November 2023
|
GB.16 / 1
|
|
|
|
|
Item
GB.16
|
S14216
|
Heritage Assessment of 1 Ailsa Close,
East Lindfield
EXECUTIVE
SUMMARY
Purpose of Report
To enable the General Manager to revoke an interim heritage
order for 1 Ailsa Close, East Lindfield following the recommendation of the
independent heritage assessment that concluded the site does not warrant
heritage listing.
Background
Fogl House, 1 Ailsa Close, East
Lindfield (Lot 14 DP 237484) is a late 20th century organic
architecture style house located 720 metres north-east of East Lindfield shops.
The site is currently not listed as a heritage item or within a heritage
conservation area in the Ku-ring-gai Local Environmental Plan 2015.
On 17 March 2023, a development application was lodged,
proposing significant alterations and additions to the dwelling. Council officers inspected the
site as part of their preliminary
assessment of the development application.
In July 2023, a preliminary heritage assessment found the
property had potential local heritage significance. This was largely due to its
fine collection of fittings and furnishings by significant furniture-designer
Paul Kafka. The Heritage Reference Committee considered this preliminary
heritage assessment at its 20 July 2023 meeting and recommended Council make an
interim heritage order (IHO) for the site. These circumstances satisfied the
requirements for Council to make an IHO, using its delegation under the Heritage
Act 1977. An IHO is a temporary measure to protect a potential heritage
item while a full heritage assessment is carried out.
On 15 August 2023, Council resolved to make an IHO for 1
Ailsa Close, East Lindfield, to investigate its significance and listing. The
IHO was gazetted on 18 August 2023 and is in effect for six months till 18
February 2023, unless revoked prior to this date. The effects of an IHO are
similar to heritage item listing, although only temporary for the duration of
the IHO.
Following the order, Council notified the owners and
commissioned GML Heritage to prepare a full heritage assessment to investigate
whether the property warrants heritage listing. Council also sought the
owners’ permission for GML Heritage to inspect the building. GML Heritage
completed their inspection of the site on 21 September 2023 with Council staff
and the owners present.
Comments
Commissioned
by Council, an independent heritage assessment of 1 Ailsa Close, East Lindfield
was completed by GML Heritage who have been engaged by Council for
this assessment because of their appropriate knowledge of this particular
building typology. The final assessment for the
property was received in October 2023 and is included as Attachment A1.
The GML Heritage Assessment Report
has been prepared in line with Heritage NSW and Heritage Council of NSW
guidelines. The guidelines only require one of the seven Heritage Council
criteria to be satisfied to fulfil the Heritage Council threshold for heritage
listing.
The heritage assessment
demonstrates that 1 Ailsa Close, East Lindfield does not meet the Heritage
Council threshold for local heritage listing under the seven criteria of local
heritage significance. As a result, the heritage assessment does not recommend
the property for local or state heritage listing.
Statement of Significance
The following has been extracted
from the Fogl House,1 Ailsa Close, East Lindfield Heritage Assessment
Report, prepared by GML Heritage, dated October 2023:
1 Ailsa Close has associations with Paul Kafka, one of
the most prominent and successful émigré furniture designers and
manufacturers in Sydney during the 1950s and 1960s. It is a rare example of his
residential work surviving intact and documented; however, it is a late example
of his work and demonstrates very little integration with the architecture of
the house. It is hence not considered to be a representative example of his
design achievements and as a result this association is not considered
significant.
The 1 Ailsa Close interiors, including wall finishes,
lighting, curtains, built-in and moveable furniture are considered to be
representative of the period but not of a quality that demonstrates a high
degree of creative or technical advancement.
The 1 Ailsa Close has potential to yield information that
would contribute to an understanding of the history of interior design in
Ku-ring-gai and Australia more generally; however, its 2020 photographic
recording and the collection of documents relating to its design and construction
held by the CSRL&C is considered to adequately meet any required research
needs.
Ø 1 Ailsa Close is not
considered to meet the threshold for local or state heritage listing.
Assessment of Heritage
Significance
The following assessment of
heritage significance uses the framework for the assessment of significance
advocated by the NSW Heritage Office in the guidelines included in the NSW
Heritage Manual. In this framework places are assessed in accordance with the
defined criteria. A summary of the GML Heritage 1 Ailsa Close, East Lindfield
Heritage Assessment Report is shown in Table 1, with the full Heritage
Significance Assessment shown below Table 1.
Table 1 – Summary of GML
Heritage 1 Ailsa Close, East Lindfield – Heritage Assessment Report
|
Heritage
Significance Criteria
|
Assessment
Outcome ü/X
|
|
Criterion A
– Historical Significance
|
X
|
|
Criterion B
– Historic Associations Significance
|
X
|
|
Criterion C
– Aesthetic or Technical Significance
|
X
|
|
Criterion D
– Social or Community Significance
|
X
|
|
Criterion E
– Research Significance
|
X
|
|
Criterion F
– Rarity
|
X
|
|
Criterion G
– Representative Significance
|
X
|
Criterion A
An item is important in the
course, or pattern, of NSW’s cultural or natural history (or the cultural
or natural history of the local area).
1 Ailsa Close is not considered to be an item of
importance in the pattern of development of Lindfield or Sydney more generally.
It is not the work of an architect of historical note and, although it is an
example of the work of the significant designer Paul Kafka, the furniture is
considered to be late and lower quality example of Kafka’s work.
Paul Kafka made a strong contribution to the course of
development of design in Sydney post WWII, but the interiors date from the
1970s and are not well integrated with the architecture of the house and hence
are not considered to strongly represent this period of design.
Ø 1 Ailsa Close does not meet
the threshold for local significance under this criterion.
Criterion B
An
item has strong or special association with the life or works of a person, or
group of persons, of importance to NSW’s cultural or natural history (or
the cultural or natural history of the local area).
1 Ailsa Close has associations with Paul Kafka, one of
the most prominent and successful émigré furniture designers and
manufacturers in Sydney during the 1950s and 1960s. The house also has
associations with the Fogl family and architect Harvey Little, both of which
are not considered historically significant.
1 Ailsa Close can be seen to have associations with Paul
Kafka and is a rare example of his residential work surviving intact and
documented. However, it is a late example of his work and is not well
integrated with the architecture of the house.
Ø 1 Ailsa Close is hence not
considered to have the strong or special association with Kafka required to
meet the threshold for heritage listing under this criterion.
Criterion C
An item is important in
demonstrating aesthetic characteristics and/or and high degree of creative or
technical achievement in NSW (or the local area).
1 Ailsa Close is an intact example of a late 1960s to
early 1970s house with highly finished interiors but it is not considered to
demonstrate important aesthetic characteristics.
The architectural design of 1 Ailsa Close has some
features of note but it is not the work of a recognised architect and does not
have aesthetic or technical significance as an architectural work.
The interiors, including wall finishes, lighting,
curtains, built-in and moveable furniture are considered to be representative
of the period but not of a quality that demonstrates a high degree of creative
or technical achievement.
Ø 1 Ailsa Close is not
considered to meet the threshold for local significance in this criterion.
Criterion D
An item has strong or
special associations with a particular community or cultural group in NSW (or
the local area) for social, cultural or spiritual reasons.
1 Ailsa Close is not seen to have strong or special
associations with a particular community or cultural group in Ku-ring-gai or
the wider area.
Ø 1 Ailsa Close does not meet
the threshold for local significance in this criterion.
Criterion E
An item has potential to
yield information that will contribute to an understanding of NSW’s
cultural or natural history (or the cultural or natural history of the local
area).
As an intact interior from 1970, including an extensive
suite of Paul Kafka furniture and documentation of its design and construction,
1 Ailsa Close has potential to yield information that would contribute to an
understanding of the history of interior design in Ku-ring-gai and Australia
more generally.
The 2020 photographic recording of the house and
interiors and the collection of documents relating to its design and
construction, including plans and drawings, that is now held in the publicly
accessible collection of the CSRL&C is considered to adequately meet any
required research needs.
Ø 1 Ailsa Close is not
considered to meet the threshold for local significance in this criterion.
Criterion F
An item possesses uncommon,
rare or endangered aspects of NSW’s cultural or natural history (or the
cultural or natural history of the local area).
1 Ailsa Close is rare as an intact example of the work of
Paul Kafka, including both built-in and moveable furniture. Although once
common, both Kafka furniture, and interiors dating from the 1970s, are in
danger of being lost through renovation and demolition of housing stock.
However as this is a later example of Kafka’s work
and not well integrated with the architecture of the house, 1 Ailsa Close is
not considered to adequately demonstrated the significant aspects of
Kafka’s work.
Ø 1 Ailsa Close is not
considered to meet the threshold for listing at a local level under this
criterion.
Criterion G
An item is important in
demonstrating the principal characteristics of a class of NSW’s (or the
local areas) cultural or natural places; or cultural or natural environments.
1 Ailsa Close can be seen as a representative example of
c1970s domestic architecture but is not considered a fine example of its type.
1 Ailsa Close is a representative example of an intact Paul Kafka interior;
however, dating from 1970, it is a late example of his work and is not considered
typical or of a high quality.
1 Ailsa Close is part of a group of intact Paul Kafka
interiors which collectively illustrate a representative type (ie European
influenced interiors of the post-war period).
Ø The interiors are unusual
because of their integrity but are not considered to meet the threshold for
local heritage listing under this criterion.
integrated planning and reporting
Theme 3:
Places, Spaces and Infrastructure
|
Community Strategic
Plan Long Term Objective
|
Delivery Program
Term Achievement
|
Operational Plan
Task
|
|
P5.1 Ku-ring-gai’s
heritage is protected, promoted and responsibly managed.
|
P.5.1.1 Strategies, plans and
processes are in place to effectively protect and preserve
Ku-ring-gai’s heritage assets.
|
P5.1.1.1 Implement, monitor and
review Ku-ring-gai’s heritage planning controls including the
development of a heritage strategy.
|
Governance Matters
The findings of the consultant report indicate that the
property does not meet the threshold for heritage listing outlined by NSW
Heritage and that the current interim heritage order (NSW Heritage Act 1977)
should be revoked.
Risk Management
There is a community expectation that places of heritage
significance within the Ku-ring-gai Council LGA will be identified and
protected. There is a strategic risk of damaging the reputation of Council if
these culturally significant places are not identified and considered for
protection. However, where upon physical inspection and closer consideration of
the extant building fabric, a property is not considered to meet the threshold
for heritage listing this must be acknowledged and noted.
Financial Considerations
The cost of preparing this report is covered by the Urban
Planning & Heritage Budget – Strategy and Environment Department.
Social Considerations
The identification and protection of Ku-ring-gai’s
heritage places contributes to the ongoing conservation of Ku-ring-gai’s
community-valued historic landscape and garden suburbs.
Environmental Considerations
The retention and conservation of heritage places has an
important role in protecting the environment. The environmental sustainability
benefits afforded by the retention of heritage places includes the substantial
reduction in building demolition and new construction waste, and the
conservation of embodied energy in the existing buildings.
Community Consultation
Before making the order,
Council consulted the Heritage Reference Committee (HRC) at its meeting on 20
July 2023. The HRC considered the preliminary heritage assessment and
recommended Council make an interim heritage order.
As part of making the interim heritage order for the site,
the IHO was published in the NSW Government Gazette on 18 August 2023. Council
advised the property owners on the same day that the order had been approved
and published in the NSW Government Gazette. The Heritage Council Chair was
also notified. Council representatives and GML Heritage consultants visited the
property and met with the owners on 21 September 2023.
Internal Consultation
Consultation with relevant Departments of Council has taken
place in preparing this report, in particular, Development and Regulation.
Summary
Careful consideration has been given to the potential
heritage significance and listing of the property at 1 Ailsa Close, East
Lindfield, including an inspection and completion of a full heritage assessment
by a heritage consultant with appropriate knowledge
in accordance with NSW Heritage Council standards.
To manage the interim heritage order as expeditiously as
possible, it is recommended that Council request the General Manager under
their delegative powers to revoke the interim heritage order following the
recommendation of the heritage assessment that 1 Ailsa Close, East Lindfield
does not meet the NSW Heritage Council threshold for state or local listing.
The investigation of significance and listing has concluded and the purpose of
the IHO served, with no benefit to Council in maintaining the effect of the IHO
till its expiry date in February 2023.
Recommendation:
Council delegate its authority to the General Manager under
Section 29 of the NSW Heritage Act 1977 to revoke the interim heritage
order for 1 Ailsa Close, Lot 14 DP 237484 ,
East Lindfield.
|
Matthew Le Guay
Student Urban Planner
|
Claudine Loffi
Heritage Specialist Planner
|
|
Antony Fabbro
Manager Urban & Heritage Planning
|
Andrew Watson
Director Strategy & Environment
|
|
Attachments:
|
A1⇩
|
Heritage
Assessment Fogl House
|
|
2023/349243
|
|
ATTACHMENT No: 1 - Heritage
Assessment Fogl House
|
|
Item No: GB.16
|
|
Ordinary
Meeting of Council - 21 November 2023
|
GB.17 / 1
|
|
|
|
|
Item
GB.17
|
S05318/16
|
EXECUTIVE
SUMMARY
Purpose of Report
To provide an overview of the Earthwatch Australia Tiny
Forest Project and to seek Council’s endorsement to proceed with a Tiny
Forest within the Ku-ring-gai Local Government Area (LGA).
Background
Earthwatch Australia started the Australian Tiny Forest
program in 2021 based on the Earthwatch International program with over 200
Tiny Forests planted around the world.
The first Earthwatch Australia local council partnership was
with the Lake Macquarie City Council, which planted a Tiny Forest in March 2023
at Teralba. Earthwatch Australia has private corporate funding to install a
further two Tiny Forests within Australia during 2023/2024.
Tiny Forests are densely packed patches of native bushland
the size of a tennis court, right in the heart of our cities. These urban
wildlife oases are a unique nature-based solution, reconnecting people with
nature and helping to mitigate our urban climate and biodiversity challenges.
Refer to Attachment A3.
Using an established planting method (called the Miyawaki
method) that includes soil enrichment, hyper-diverse indigenous plant
selection, and a dense planting structure; Tiny Forests are supercharged,
growing up to 10 times faster than traditional forests and becoming up to 100
times more biodiverse than monoculture forests.
Earthwatch Australia offers two models of methodology for
planting a Tiny Forest to suit the needs and preferences of Council, as well as
providing a research alternative. The project will aim to install a ‘Pure
Miyawaki’ Tiny Forest, however if constraints and environmental
conditions do not allow this, then the ‘Miyawaki-like’ method or
variation of both methods would be implemented. Refer to Attachment A4.
GMD approved the Tiny Forest Grant Request on 20 July 2023
and Earthwatch Australia confirmed Ku-ring-gai Council as eligible for one of
the privately funded Tiny Forest projects. Refer to Attachment A1.
Comments
Council staff have reviewed possible sites within the LGA and
selected West Pymble Village Green as the preferred site to best meet the Tiny
Forest urban site criteria and outcomes.
The Tiny Forest project will compliment Council’s
2023/2024 Urban Forest Strategy projects and the Tiny Forest tree planting can
be counted towards meeting the Strategy’s adopted canopy targets.
integrated planning and reporting
Theme 3 – Places, Spaces and Infrastructure
A range of well planned, clean and safe neighbourhoods and
public spaces designed with a strong sense of identity and place.
|
Community Strategic
Plan Long Term Objective
|
Delivery Program
Term Achievement
|
Operational Plan
Task
|
|
Focus area P1: Preserving Ku-ring-gai’s character
Long-Term.
Objective P1.1: Ku-ring-gai’s unique visual character
and identity is maintained.
|
P1.1.1: Strategies, plans and processes are in place to
protect and enhance Ku-ring-gai’s unique visual and landscape
character.
|
P1.1.1.4: Implement the urban forest replenishment program
for Ku-ring-gai including identification of funding opportunities.
P1.1.1.6: Implement priority monitoring from the Urban
Forest Strategy.
|
Governance Matters
The State Government of NSW
has in place several mechanisms to ensure that tree canopy cover across the
state is increased. The Premier’s Planning Priorities; The Greater Sydney
Region Plan: A Metropolis of Three Cities; and the North District Plan all
include objectives relating to increasing canopy cover.
The Tiny Forest project will
effectively change the land use for the ‘tennis court size’
(approximately 200 m2) area from grassed open space to planted native
vegetation. This is similar for sites that are chosen for National Tree
Planting Day and is in alignment with the Urban Forest Tree Strategy.
The change of land use to
native vegetation is guaranteed by Council in the draft MOU (Attachment A5)
for a minimum term of 10 years. Irrespective of the MOU, it should be noted
that this change of land use will increase the environmental limitations in
future for use of this land. The planted community will be commensurate with
the Critically Endangered Ecological Community Sydney Turpentine Ironbark
Forest, which is protected under the NSW Biodiversity Conservation Act 2016.
As stated in the draft MOU,
the Tiny Forest land remains in Council ownership and the responsibility of
Council to maintain.
Earthwatch Australia is a registered charity under
the name Earthwatch Institute Australia (ABN 25 875 253 851).
Risk Management
This project will manage risk
through close consultation with Earthwatch Australia during all stages of the
project. A Memorandum of Understand (MOU) between Ku-ring-gai Council and
Earthwatch Australia will formalise the project and expected outcomes. Refer to
Attachment A5.
The project will be overseen
by Council staff from the Strategy and Environment Department with expertise in
the management of community groups and volunteer activities like tree planting.
Involvement from local
residents, community groups and schools are vital for the success of the
project and engagement with these groups will be managed as a priority task.
A Review of Environmental
Factors (REF) for the preferred site will help manage any environmental risks
for the project. If the preferred site is found to be unsuitable to proceed
with, the project will move to an alternative urban site that meets the Tiny
Forest site criteria. At the time of writing this report, the alternative site
shortlisted is at the St Ives Village Green.
Financial Considerations
The project is being funded
by Earthwatch Australia through private corporate funding. Earthwatch Australia
indicated a typical Tiny Forest project would cost them between $15,000 to
$40,000 dependant on the site conditions.
Council has the option to
leverage community participation and value add to the project through its own
environmental programs, but this is not a requirement.
The ongoing maintenance cost
to Council is considered to be cost neutral, as while there will be a minor
cost saving for reduced mowing, this may be offset overtime by the requirement
to ensure the public site is kept safe after weather events like storms and
free from vandalism.
Social Considerations
Tiny Forests can help address
a range of social issues and help achieve relevant strategies and targets.
Below are some of the outcomes that Tiny Forests can provide:
Community and corporate
groups
Local community members are
directly connected to the project, learning about biodiversity, climate change,
and how their own private gardens are part of a wider biodiversity corridor.
The activities provide basic horticultural training, encouraging greening in
the private realm. Social cohesion and wellbeing of residents is improved by
providing incorporated seating, or an outdoor classroom within the forest,
giving people a place to spend time interacting with each other, and with
nature. Corporate organisations can sponsor Tiny Forests as part of their
Corporate Social Responsibility (CSR) and Environment, Social and Governance
(ESG) commitments.
Schools
Teachers are equipped with
the tools, confidence and knowledge to teach students about the value of
biodiversity and climate change resilience in urban landscapes. Schools will be
encouraged to use the Tiny Forest as an outdoor classroom, teaching students
about the value of biodiversity and climate change; and learning the skills and
knowledge to take action including how to plant native and biodiverse gardens
at school or home.
Tertiary
Tertiary institutions are
able to use tiny forests to teach undergraduates urban greening methods
including the Miyawaki method. Students will understand the importance of soil
properties and amendments when selecting native plans for successful
establishment and growth of urban greenspace.
Environmental Education
Centres
Environmental Education
Centres can use the Tiny Forest as an outdoor classroom and develop modules for
teaching about biodiversity and climate resilience in urban landscapes.
Environmental Considerations
Tiny Forests can help address
a range of environmental issues and help achieve relevant strategies and
targets. Below are some of the environmental outcomes that Tiny Forests can
provide:
Restore biodiversity
Planting a dense forest using
locally native plants encourages native faunal species to return and inhabit
the forest too. First insects and soil microbes appear, followed by birds,
reptiles, and then mammals. Overall, this results in a rich biodiversity, which
can be up to 100 times more biodiverse than a monoculture forest.
Reduce Urban Heat Island
effect
The dense planting structure
of the Tiny Forest acts like a natural air conditioner, providing cooling
through transpiration and shade, helping create a place of respite for hot
summer days.
Trap stormwater
The deep soil remediation and
dense structure of the plants helps to trap storm water in the forest,
preventing it from entering waterways; where it often collects pollutants along
the way.
Carbon sequestration
One of the most effective
methods of carbon sequestration is tree planting, as trees convert atmospheric
CO2 into carbon stored in their leaves, wood and roots. In total, about half
the dry weight of a tree is carbon! And as Tiny Forests are so dense, that's a
lot more carbon per square metre than a traditional forest.
Reduced maintenance
Due to the dense planting
method, and the layers representing a traditional forest structure, it is
expected that the Tiny Forest will need very little maintenance after about 2
years as it becomes self-supporting.
Research Approval
Earthwatch Australia was
granted a research approval ID2310 by Council’s Environment and
Sustainability team on 20 September 2023. Refer to Attachment A2.
Monitoring data from the
project will provide valuable evidence-based research within the Ku-ring-gai
LGA on the benefits of using the Tiny Forest concept to densely plant into
enriched soil. The project aims to confirm that a mature urban tree forest
structure can be achieved in 10-20 years, up to 10 times faster than a
traditional forest.
Urban Forest Strategy
The West Pymble Village Green
has been identified as a suitable site for tree planting within the Urban
Forest Strategy and the southern boundary has been chosen in the past as a
National Tree Day site. Tree species to be planted will be indigenous to the
site, which at West Pymble Village Green is Sydney Turpentine Ironbark Forest
(STIF). Refer to Attachments A3 and A6.
Review of Environmental
Factors (REF)
A Review of Environmental
Factors (REF) will be undertaken for the preferred site prior to any works
commencing.
Community Consultation
As part of Council’s
adoption of the Urban Forest Policy in 2020 and development of the Urban Forest
Strategy since then, the community has been consulted extensively about trees
including both public and private tree management and issues.
Results of the community
feedback for public trees was:
· 95% of respondents
have a positive attitude towards trees, this is a clear majority and an
impressive result. They feel “they make Ku-ring-gai special”,
“that they are essential to our urban areas and we need more of
them.”
· Respondents
generally seem to understand the benefits of trees with only 1% saying that the
benefits of trees are not worth the risk of having them.
· The top concerns
regarding issues caused by trees were the over pruning of trees by Ausgrid and
tree risk and safety concerns.
· The majority of
respondents feel that “trees are adequately managed but there is room for
improvement” while a reasonable proportion (22%) feel that “trees
are poorly maintained and improvements are urgently needed”.
· The majority of
respondents (67%) feel that Council should increase tree planting programs on
public land.
An
important part of the Tiny Forest Project is engagement with the local
residents, schools and community groups adjacent to the site for
‘ownership’ and involvement with the project. Council will support
Earthwatch Australia with local engagement and recruitment of community
volunteers called ‘Tree Keepers’, who will regularly maintain the
tree planting site for the first two years.
The ‘Tree
Keepers’ and other engaged groups (adjacent schools and environmental
groups) will also undertake regular citizen science activities to monitor
biodiversity, temperature, water, growth and biomass as the forest develops.
Internal Consultation
During the scoping of the
project for suitable sites, staff from the following areas were consulted:
· Public Domain
Coordinator - Operations
· Manager
Infrastructure Services - Operations
· Senior Landscape
Architect - Strategy and Environment
· Strategic
Recreation Planner - Strategy and Environment
· Natural Areas
Officer - Strategy and Environment
· Team Leader
Sustainability Engagement - Strategy and Environment
· Environmental
Programs Officer - Strategy and Environment
· Community &
Business Engagement Coordinator – Community
· Corporate Lawyer -
Civic
The following Tiny Forest
site criteria was used by Council staff for selecting the preferred site:
· A site of
approximately 200m2 for the Tiny Forest, plus space for heavy machinery to do
preparation work so total space possibly up to 500m2. This area can be of any
shape/orientation, but the forest must not be narrower than 4m across at any
given point.
· No underground
infrastructure: soil typically excavated to 1m depth.
· No overhead
infrastructure: trees could grow to 20m+.
· Need a site that
is accessible for large machinery: mini digger needed for soil preparation,
plus truck delivery of straw and other soil supplements.
· Possible water
access point: trees may need watering during first 2 years of maintenance, so
either a water access point located nearby, or access for a vehicle and water
bowser to the site.
· A site that is not
causing obstruction to people’s right of way (the forest becomes very
dense and impassable unless a specific pathway is incorporated into the
design).
· Need a site that
is within an urban setting and that is easily accessible to users (e.g. local
residents, school children, employees).
· Site should not be
designated as sensitive in any way, eg Ramsar site etc.
· Site should be an
open area (we do not want to remove trees to plant new ones!), some scrub or
low vegetation is fine, as are trees on the edge of the proposed site as these
could potentially be incorporated into the design.
· The forest should
be as compact as possible and is not suitable for using as hedging.
· Paths and an open
classroom can be included into the design. The forest is fenced at least for
the first 2 years with access through an open gate.
Refer to Attachment A3.
Summary
The proposed Tiny Forest
project led by Earthwatch Australia, is a unique opportunity to engage with the
community and increase the amenity of the surrounding urban area. The project
is privately funded and promotes community engagement and research into
boosting growth and biodiversity of native forests.
The West Pymble Village Green
has been identified as a suitable site for tree planting within the Urban
Forest Strategy and the southern boundary has been chosen in the past as a
National Tree Day site. Tree species to be planted will be native to the area
and align with the local Critically Endangered Ecological Community Sydney
Turpentine Ironbark Forest (STIF). Establishment of this tiny forest will add
environmental restrictions to any future use of the land which would require
the removal of the Tiny Forest.
Planting on the western
boundary of the West Pymble Village Green adjacent to the service station is
the preferred option and will provide a natural screening for the Village
Green. Refer to Attachment A6.
Recommendation:
That Council endorse a Tiny Forest Project within the
Ku-ring-gai LGA and endorse the preferred site location at the West Pymble
Village Green, or an alternative site as determined by Council officers.
|
Russell Cadman
Environmental Engineer
|
Jacob Sife
Manager Environment & Sustainability
|
|
Andrew Watson
Director Strategy & Environment
|
|
|
Attachments:
|
A1 ⇩
|
GMD
Grant request - Tiny Forest Opportunity (Part 1) – signed
|
|
2023/344093
|
|
|
A2⇩
|
Research
ID 2310 Tiny Forest - KRG letter of approval to Earthwatch Australia
|
|
2023/344079
|
|
|
A3⇩
|
Tiny
Forest Handbook - edit 2023-04-14 - Earthwatch
|
|
2023/219656
|
|
|
A4⇩
|
Tiny
Forest - The methodology (for landowners)
|
|
2023/344012
|
|
|
A5⇩
|
Draft
MoU - Earthwatch - Ku-ring-gai Tiny Forest 2023-10-31
|
|
2023/345785
|
|
|
A6⇩
|
Tiny
Forest location plan - West Pymble Village Green preferred site
|
|
2023/345904
|
|
ATTACHMENT No: 1 - GMD
Grant request - Tiny Forest Opportunity (Part 1) – signed
|
|
Item No: GB.17
|
|
ATTACHMENT
No: 2 - Research
ID 2310 Tiny Forest - KRG letter of approval to Earthwatch Australia
|
|
Item No: GB.17
|
|
ATTACHMENT No: 3 - Tiny
Forest Handbook - edit 2023-04-14 - Earthwatch
|
|
Item No: GB.17
|
|
ATTACHMENT
No: 4 - Tiny
Forest - The methodology (for landowners)
|
|
Item No: GB.17
|
|
ATTACHMENT
No: 5 - Draft
MoU - Earthwatch - Ku-ring-gai Tiny Forest 2023-10-31
|
|
Item No: GB.17
|
|
ATTACHMENT
No: 6 - Tiny
Forest location plan - West Pymble Village Green preferred site
|
|
Item No: GB.17
|
|
Ordinary
Meeting of Council - 21 November 2023
|
GB.18 / 1
|
|
|
|
|
Item
GB.18
|
S07252/14
|
RFT15-2023 - Firs Estate - Lease of
retail shop and restaurant
EXECUTIVE
SUMMARY
Purpose of Report
To advise Council on the results of RFT 15-2023 which called
for tenders for the lease of the Firs Estate Cottage at 60A Clanville Road
Roseville.
Background
Firs Estate Cottage is a heritage listed building and
reportedly the oldest residence in the Ku-ring-gai municipality. The property
has been in Council’s ownership since 1918 when Council acquired part of
the original Clanville estate inclusive of the cottage to form part of what is
known as Roseville Park.
As part of the adaptive reuse of Firs Estate Cottage, the
building has operated as a retail shop and restaurant under a commercial retail
lease from Council since 2008. The existing planning approval giving rights to
the use and operation of the premises and associated conditions of consent are
reflected in the lease which also has regard to the Conservation Management
Plan and the Plan of Management for Firs Estate Cottage.
The current lease of Firs Estate Cottage will expire on 31
December 2023 with vacant possession to be provided on or before 31 December
2023 by the existing lessee to enable Council to carry out required structural
stabilisation and other maintenance work prior to being leased for a further
term. Works are scheduled to be carried out by Council in January and February
2024 with lessee make good requirements also to be completed.
In anticipation of a new lease being operative from 1 April
2024, on 26 September 2023 Council sought tender proposals from suitably
qualified proponents to fit-out and operate Firs Estate Cottage as a retail
shop and restaurant under a commercial lease from Council.
Tenders closed on 31 October 2023.
The Tender and the Evaluation Plan listed the following
qualitative assessment criteria:
|
Criteria
|
Description
|
% Weight
OPTIONAL
|
|
Governance & Compliance
|
Compulsory Returnable Schedules &
requirements
|
Y/N
|
|
Site Brief – Commercial Property
Proposals
|
Attended mandatory Tender Brief conducted
by representatives of Council.
|
Y/N
|
|
Financial Offer - Price
|
Evaluated on the basis of 35% of the total evaluation process and will be calculated on the
following basis:
To provide Council with “best
value” for service and a market based return (rent) for the commercial
use of Council’s asset.
|
35%
|
|
Business Plan
|
Evaluated on the basis of 35% of the
total evaluation process and will be calculated on the following basis:
Details of
proposed service offered (concept/operation) in relation to the facility,
including details of various types of food and beverages to be provided and
pricing as well as a sample menu.
Demonstrated ability to deliver a
high quality service appropriate to visitor satisfaction.
Contain
information relating to the commitment of the Tenderers, business assumptions
and long-term feasibility of the business strategy including a SWOT Analysis
highlighting the strengths, weaknesses opportunities and threats of your
proposal.
Concept drawings
and images of the proposed fit out and a full scope of proposed capital
refurbishment, fit-out works and signage, including a costing schedule plan
and timeframe for the proposed works.
Demonstrated ability to provide and
sustain supply of financial resources to meet fit-out requirements and
obligations of the lease.
Projected income and expenditure for
the first six (6) years of operation, in order to justify the viability of
the business.
Marketing plan/strategy that will
enhance the business.
Details of any recycling and sustainable/
environmental initiatives.
|
35%
|
|
Relevant Work Experience and
understanding of lease requirements
& Specified Personnel
|
Evaluated on the basis of 30% of the
total evaluation process and will be calculated on the following basis:
Recent and current experience in
providing similar or comparable services to perform the lease in a
professional manner.
Managerial capability,
qualifications, experience and number of personnel, company profile and
subcontractors (where applicable).
Skills and experience of key personnel
and their roles in the performance of the lease
|
30%
|
|
|
|
100%
|
Comments
A Tender Evaluation Committee assessed the tenders in
accordance with the Tender Evaluation Plan which is inclusive of the
qualitative assessment and selection criteria set out above and the RFT
generally. A copy of the Committee’s report, which includes the Tender
Evaluation Plan and the scoring of tenders, is attached as Confidential
Attachment A1.
integrated planning and reporting
L4 Good Governance and
Management
L2 - Financial capacity and
sustainability
|
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.
L2.1 Council rigorously manages its financial resources to
sustainably deliver assets and facilities to maximise delivery of services.
|
L4.1.2 Council’s Governance framework is developed
to ensure probity and transparency.
L2.1.2 Manage Council’s property assets to achieve
Ku-ring-gai’s long term objectives and priority projects contained
within Ku-ring-gai’s Community Strategic Plan and Delivery Program.
|
L4.1.2.7: Coordinate, support
and facilitate effective probity around procurement and provide support for
the Contract Management Framework.
L2.1.1.2: Optimise financial returns from Council’s
existing property portfolio, given the prevailing market conditions.
|
Governance Matters
This tender process complies
with procurement best practice, Council policy, probity and legislative
requirements.
The grant of a lease over Firs Estate Cottage in the manner
proposed is also consistent with sections 46 and 47 of the Local Government
Act 1993 and the plan of management.
The intention to grant a lease, subject to Council approval,
was publicly notified in accordance with section 47 of the Local Government
Act, 1993 during the period of the tender. There were no
formal written submissions opposing the granting of a new lease.
Risk Management
The selection of a proven
operator who has the business acumen, financial resources and experience in
running a small business is vital to ensuring the success of the lease and that
Council is not exposed commercially in its capacity as a Lessor. References,
credit checks and evidence of previous experience and financial resources is
part of the assessment and selection process for a commercial lessee.
Any lease that will be
entered into will be prepared by Council’s solicitor to ensure
Council’s interests are adequately protected. A further safeguard will
include the provision of an unconditional bank guarantee amounting to 3
months’ rent and outgoings.
Financial Considerations
Discussion on the financial
considerations of each tender received is included in The Tender Evaluation
Committee report.
Council staff have a
responsibility to ensure that Council’s commercial property portfolio
provides market-based returns. Any lease to be entered into inclusive of the
market rent to be paid will be benchmarked against advice that Council obtains
from an independent expert retail valuer.
Social Considerations
Council has a responsibility
to the community to ensure its leased premises are professionally and
efficiently managed in a compliant manner which delivers best value for money
and services for the local community.
Environmental Considerations
Consideration of sustainable
work and environmental practices are an integral part of Council’s assessment
of tenders and the negotiation of commercial leases. Operating conditions are
also governed by current planning approvals and controls.
Community Consultation
The tender was the subject of
an open public process. Additionally, Council’s intention to grant a
lease was publicly notified in accordance with section 47 of the Local
Government Act, 1993.
Some members of the community
were of the misunderstanding that the premises were being closed by Council and
concern was expressed at the potential loss of a public amenity. All
correspondents were advised of Council’s plan to grant a further lease of
the premises.
Internal Consultation
Consultation has occurred
with staff from Council’s Strategy and Environments, Operations and
Corporate departments.
Summary
Firs Estate Cottage has operated as a retail shop and
restaurant under a series of commercial retail leases since 2008. The current
lease will expire on 31 December 2023 and vacant possession has been sought to
enable Council to carry out required structural stabilisation and other
maintenance work prior to being leased for a further term. Works are scheduled
to be carried out by Council in January and February 2024 with lessee make good
requirements also to be completed.
In anticipation of a new lease being operative from 1 April
2024, on 26 September 2023 Council sought tender proposals from suitably
qualified proponents on 26 September 2023 to fit-out and operate Firs Estate
Cottage as a retail shop and restaurant under a commercial lease from Council.
Tenders closed on 31 October 2023.
During the tender process,
Council carried out the required statutory notification of the intent to grant
a new lease over the premises. There were no submissions received opposing the
grant of a new lease.
A Tender Evaluation Committee
was established to review the proposals received in accordance with the
criteria contained in the RFT and the tender documents generally. The Committee
has made a recommendation for Council to consider and approve.
It is recommended that
Council notes and accepts the Tender Evaluation Committee’s
recommendation in relation to the outcome of the tender process. If approved,
it is further recommended that the General Manager or his delegate be given
authority and delegation to negotiate and conclude a new lease for the future
operation of Firs Estate Cottage in accordance with the Committee’s
specific recommendations.
Recommendation:
A. That
Council notes and accepts the report of the Tender Evaluation Committee in
relation to the outcome of RFT 15- 2023 for the lease of Firs Estate Cottage,
60A Clanville Road Roseville.
B. That
Council resolves that the General Manager or his delegate be given delegated
authority to negotiate and conclude a new lease of the premises as set in the
Tender Evaluation Committee’s recommendations conditional on the proposed
term of the lease and the valuation, governance and probity procedures being
adopted to ensure transparency and best commercial practice in the negotiation
process; and
C. That
the General Manager be delegated authority to execute all documentation on
Council’s behalf in relation to the lease.
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Vince Rago
Property Program Coordinator
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Steve Johnson
Manager Property
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Andrew Watson
Director Strategy & Environment
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Attachments:
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A1
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RFT
15-2023 Tender Evaluation Committee Report
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|
Confidential
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Ordinary
Meeting of Council - 21 November 2023
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GB.19 / 1
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Item
GB.19
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S11955
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Proposed Heritage Listing - 17A Edward
Street, Gordon
EXECUTIVE
SUMMARY
Purpose of Report
To have Council consider the proposed heritage listing of
17A Edward Street, Gordon in Schedule 5 of the Ku-ring-gai Local
Environmental Plan 2015.
Background
Denholm
(‘the site’) is located at 17A Edward Street, Gordon (Lot 2 DP 504958). The
site is a battle-axe lot located roughly 450m east of Gordon Station and
contains a Dutch Colonial Revival style two storey dwelling. The site is within
the Robert Grant Heritage Conservation Area (C13) and is not currently heritage
listed as a Heritage Item.
|
Figure 1: Denholm, 17A Edward Street, Gordon
(‘The site’) Source: HeriCon Consulting,
Denholm, 17A Edward Street, Gordon Assessment of Heritage Significance,
September 2023
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Figure 2: 17A Edward Street, Gordon located within
the Robert Grant Heritage Conservation Area (C13)
|
A development application was lodged for the site on 24
November 2022 which sought extensive alterations and additions to the property.
Council officers inspected the site on 18 January 2023. Council heritage
officers conducted a preliminary heritage assessment of the property to
investigate its potential heritage significance.
On 16
February 2023, a report was considered by Council’s Heritage Reference
Committee (HRC). The report recommended that the HRC advise Council to request
the NSW Minister for Heritage to place an Interim Heritage Order (IHO) on the
site. The HRC resolved to proceed with the recommendation.
On 21 March 2023, a report was
considered by Council with the recommendation to request the Minister for Heritage
to place an IHO on the site under section 24 of the Heritage Act 1977. Council
resolved to proceed in the manner outlined in the report.
On 28 April 2023, the IHO was published in the NSW
Government Gazette. The order is in effect for 12 months to enable Council to
investigate the property’s heritage significance and listing.
Under the conditions of the IHO, the
order will lapse on 28 April 2024
unless Council passes a resolution to list the
item in Schedule 5 of the Ku-ring-gai Local Environmental Plan 2015
(‘KLEP 2015’) to protect and manage the items, or it nominates the
item for inclusion on the State Heritage Register.
The initial development
application was refused in June 2022. Council staff have met with the applicant
to discuss a new development application. Heritage is a consideration in the
assessment of any development application by virtue of the Interim Heritage
Order under the Heritage Act 1977 until April 2024. The current proposal for
heritage listing consideration does not alter the effect of this Interim
Heritage Order. If the site is heritage listed at the conclusion of this
planning process, this will extend consideration of heritage for development
applications after the interim heritage order lapses.
At the 17 October 2023 Ordinary Meeting of Council this
matter was deferred for a Councillor site inspection. At the time of writing, a
site inspection is scheduled for Councillors for Friday, 10 November 2023.
Comments
Commissioned by Council, an independent heritage assessment
of 17A Edward Street, Gordon was completed by HeriCon Consulting. The final
assessment for the property was received on 21 September 2023 and is
included as Attachment A1.
The HeriCon Consulting heritage assessment has been prepared
in line with Heritage NSW and Heritage Council of NSW guidelines. The
guidelines only require one of the seven Heritage Council criteria to be
satisfied to fulfil the Heritage Council threshold for heritage listing.
The heritage assessment
demonstrates that 17A Edward Street meets the Heritage Council threshold for
local heritage listing under four criteria of local heritage significance for
its associations, aesthetic, rare and representative values. As a result, the
heritage assessment recommends that the property be added to Schedule 5 of the
KLEP 2015 as ‘Denholm, 17A Edward Street, Gordon
and interiors,’ with the curtilage defined as the land contained within
Lot 2 Deposited Plan 504958.
Statement of Heritage Significance
The
following has been extracted from the Denholm, 17A Edward Street,
Gordon Assessment of Heritage Significance,
prepared by HeriCon Consulting, dated September 2023:
Denholm, 17A Edward Street, Gordon is an important
Colonial Revival style house in Ku-ring-gai that demonstrates characteristics
and is representative of the American Dutch Colonial Revival style, which is
rare in Ku-ring-gai. The house is aesthetically significant for its confident
use of building materials and is enhanced by its open garden setting. It has
retained a relatively high level of integrity. The house is associated with
architect John L Berry, who is notable for his contribution to the architecture
of the firms of Wilson Neave & Berry and Neave & Berry during the 1920s
and for his role in architectural discourse during the 1920s. It served as his
family home for some 15 years from 1915 to 1930 and is a rare known example of
his residential design. The tennis pavilion has aesthetic significance for its
overall form, scale and detailing, and is an important element within the
setting of the house.
Assessment of Heritage Significance
The
following assessment of heritage significance uses the framework for the
assessment of significance advocated by the NSW Heritage Office in the
guidelines included in the NSW Heritage Manual. In this framework places are
assessed in accordance with the defined criteria. A summary of the HeriCon
Consulting Heritage Significance Assessment is shown in Table 1, with the full
Heritage Significance Assessment shown below Table 1.
Table 1 – Summary of HeriCon Consulting Heritage
Significance Assessment
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Heritage
Significance Criteria
|
Assessment
Outcome
|
|
Criterion A – Historical Significance
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X
|
|
Criterion B – Historic Associations Significance
|
ü
|
|
Criterion C – Aesthetic or Technical Significance
|
ü
|
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Criterion D – Social or Community Significance
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X
|
|
Criterion E – Research Significance
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X
|
|
Criterion F – Rarity
|
ü
|
|
Criterion G – Representative Significance
|
ü
|
Note: A potential item only requires one of seven criteria to be
met for it to have heritage significance.
Criterion A
An item is important in the course, or pattern, of
NSW’s cultural or natural history (or the cultural or natural history of
the local area).
Denholm
is not considered to fulfil this criterion. It is not associated with
significant historical events within Ku-ring-gai or with important cultural
phases or movements. While its construction is evidence of the consolidation of
population in Ku-ring-gai during the second decade of the twentieth century,
there are many buildings across the local government area that provide similar
evidence.
Ø Denholm does not meet the State or Local significance
threshold for Criterion A.
Criterion B
An item has strong or special association with the life or
works of a person, or group of persons, of importance to NSW’s cultural
or natural history (or the cultural or natural history of the local area).
Denholm
is associated with architect John L Berry, who is notable for his contribution
to the architecture of the firms of Wilson, Neave & Berry and Neave &
Berry during the 1920s. The three architects shared a common aesthetic approach
to design. Although contemporary houses by William Hardy Wilson are better
known and celebrated, Denholm indicates that Berry had, in the same period, a
firm and confident grasp on Colonial Revival architecture. Although
Berry’s contribution to Wilson Neave & Berry and Neave & Berry
has not been ascertained, he is likely to have been involved in notable
projects such as Peapes Building and Ku-ring-gai Council Chambers. Berry also
made a large contribution to popular architectural discourse during the 1920s.
Ø Denholm meets the Local significance threshold for
Criterion B because of its associations with John L Berry, who made an
important contribution to the history of the local area through his
architecture.
Criterion
C
An
item is important in demonstrating aesthetic characteristics and/or and high
degree of creative or technical achievement in NSW (or the local area).
Denholm is an important
Colonial Revival style house in Ku-ring-gai that demonstrates characteristics
of the American Dutch Colonial Revival style. This distinguishes it from
other Colonial Revival, Georgian Revival style houses and houses
in associated styles such as the Inter War Mediterranean style
in the local government area and other parts of metropolitan Sydney, such
as those designed by Wilson & Neave (Eryldene, Purulia), Eric
Apperly, Robin Dods, Leslie Wilkinson, Frederick Glynn Gilling and others. The
house is aesthetically significant for its use of materials such as terracotta
shingles and its refined timber joinery, and is enhanced by its open garden
setting. It has retained original spaces and internal fabric including timber
joinery doors, architraves and skirting boards, fireplaces, ceilings and cornices.
The tennis pavilion has aesthetic significance for its overall form, scale and
detailing. It is understood to predate the better known tea house/tennis
pavilion at Eryldene, which is generally attributed to William Hardy Wilson.
Ø Denholm meets the
Local significance threshold for Criterion C. It is a distinctive Dutch
Colonial Revival residence, distinguishing it from other Colonial Revival
houses in Ku-ring-gai.
Criterion D
An item has strong or special associations with a
particular community or cultural group in NSW (or the local area) for social,
cultural or spiritual reasons.
Ø Denholm is
unlikely to fulfil this criterion. However, further investigation is required
to confirm this.
Criterion E
An item has potential to yield information that will
contribute to an understanding of NSW’s cultural or natural history (or
the cultural or natural history of the local area).
Ø Denholm is
unlikely to fulfil this criterion. The evidence it reveals about the
architectural history of NSW is already revealed by the form, appearance and
fabric of the building. Any further information that it can yield can also be
obtained from other sites in the local government area. However, further
investigation is required to confirm this.
Criterion F
An item possesses uncommon, rare or endangered aspects of
NSW’s cultural or natural history (or the cultural or natural history of
the local area).
Denholm is a rare surviving
example of a house in Ku-ring-gai demonstrating the direct influence of
American domestic architectural design, in this case the Dutch Colonial Revival
style, on local domestic architecture in the first quarter of the twentieth
century. It is distinguished by its adaptation of the style to local conditions
and confident use of building materials.
Denholm is a rare surviving
example of residential architecture that can be directly attributed to
architect John L Berry. As part of the firm of Wilson, Neave & Berry and
then Neave & Berry, he was part of partnerships that designed notable
buildings across the state but his contribution to these buildings is difficult
to verify.
Ø Denholm meets the
Local significance threshold for Criterion F. It demonstrates a distinctive
attribute that is rare within the local area.
Criterion G
An
item is important in demonstrating the principal characteristics of a class of
NSW’s (or the local areas) cultural or natural places; or cultural or
natural environments.
Denholm is representative of
Dutch Colonial Revival Style architecture in NSW. It features many of the
characteristics of the style and is given a local character through the use of
building materials externally.
Ø Denholm meets the
Local significance threshold for Criterion G. It is a particularly fine example
of a Dutch Colonial Revival style house in the local area, demonstrating a
range of characteristics that are typical of the class.
integrated planning and reporting
Theme 3: Places, Spaces and Infrastructure
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Community Strategic
Plan Long Term Objective
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Delivery Program
Term Achievement
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Operational Plan
Task
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P5.1 Ku-ring-gai’s
heritage is protected, promoted and responsibly managed.
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P.5.1.1 Strategies, plans and
processes are in place to effectively protect and preserve
Ku-ring-gai’s heritage assets.
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P5.1.1.1 Implement, monitor and
review Ku-ring-gai’s heritage planning controls including the
development of a heritage strategy.
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Governance Matters
This report addresses the first
stage in obtaining a Gateway Determination for a Planning Proposal which seeks
to heritage list an item of local heritage significance under an amendment to
Schedule 5 of the KLEP 2015. If the Planning Proposal is supported by the
Department, the Planning Proposal will be placed on exhibition seeking further
State agency and stakeholder feedback prior to being reported back to Council
to decide if the property should be formally listed.
The process for the preparation
and implementation of Planning Proposals is governed by the provisions of
the Environmental Planning and Assessment Act, 1979
(‘EP&A Act’) Council will seek the plan-making delegation under
Section 3.36(2) of the EP&A Act to finalise the Planning Proposal.
Under the Ministerial Direction
Local Planning Panels Direction – Planning Proposals and the
delegations granted to the General Manager, it is proposed this matter will not
be referred to Ku-ring-gai Local Planning Panel on the basis the proposed
heritage listing is for an existing house within an established low density
residential zone and the proposed heritage listing will not have any
significant adverse impact on the environment or adjoining land.
Risk Management
There
is a community expectation that places of heritage significance within the
Ku-ring-gai Council Local Government Area will be identified and protected.
There is a strategic risk of damaging the reputation of Council if these
culturally significant places are not identified and considered for protection.
Financial Considerations
The cost
of preparing this report is covered by the Ku-ring-gai draft Principal Local
Environmental Plan - Urban Planning & Heritage Budget – Strategy and
Environment Department.
Social Considerations
The
identification and protection of Ku-ring-gai’s heritage places
contributes to the ongoing conservation of Ku-ring-gai’s community-valued
historic landscape and garden suburbs.
Environmental Considerations
The
retention and conservation of heritage places has an important role in
protecting the environment. The environmental sustainability benefits afforded
by the retention of heritage places includes the substantial reduction in
building demolition and new construction waste, and the conservation of
embodied energy in the existing buildings.
Community Consultation
The IHO
made by the Minister for Heritage was published in the NSW Government Gazette
on 28 April 2023. The Minister notified the owners. On 8 May 2023 Council also
wrote to the property owners with additional information about the next steps
to investigate the significance of the property while the order is in effect.
The affected property owners were
notified of this report going before Council. The property owners will be
further notified and have the opportunity to provide feedback during the formal
exhibition period should Council support the listings in a Planning Proposal.
Should the Planning Proposal
receive a favourable Gateway Determination it will be exhibited in accordance
with the Department’s Gateway Determination requirements and with
explanatory heritage information. This exhibition period will involve
appropriate notification and receipt of submissions on the draft Planning
Proposal from the relevant State agencies and the general community, and a
further report back to Council regarding this matter.
Internal Consultation
Consultation
with relevant Departments of Council has taken place in preparing this report.
In addition, the matter was presented to Council’s Heritage Reference
Committee on 16 February 2023.
Summary
An assessment of heritage
significance supports that the property at 17A Edward Street, Gordon is worthy
of inclusion as a heritage item (including interiors) on Schedule 5 of the KLEP
2015. The purpose of this report is to instigate Council’s commencement
of a Planning Proposal in relation to this listing.
Recommendation:
That:
A. A Planning Proposal be prepared
to include Schedule 5 of the KLEP 2015 - Lot 2 DP 504958, 17A Edward
Street, Gordon.
B. The Planning Proposal be forwarded to the Department of
Planning and Environment for Gateway Determination.
C. Council
requests the plan making delegation under Section 3.36(2) of the EP&A Act
for this Planning Proposal.
D. Upon
receipt of a favourable Gateway Determination, the exhibition and consultation
process is to be carried out in accordance with the Gateway Determination and
requirements of the EP&A Act.
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Matthew Le Guay
Student Urban Planner
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Claudine Loffi
Heritage Specialist Planner
|
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Craige Wyse
Team Leader Urban Planning
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Antony Fabbro
Manager Urban & Heritage Planning
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Andrew Watson
Director Strategy & Environment
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|
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Attachments:
|
A1 ⇩
|
Heritage
Assessment - 17A Edward Street Gordon - HeriCon Consulting - final -
September 2023
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2023/304441
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|
ATTACHMENT No: 1 - Heritage
Assessment - 17A Edward Street Gordon - HeriCon Consulting - final -
September 2023
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Item No: GB.19
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Ordinary
Meeting of Council - 21 November 2023
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NM.1 / 1
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Item
NM.1
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CY00817
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Request
by Ku-ring-gai's Jewish Community
Notice of Motion from Councillor Kay
dated 3 November 2023
As a Ward Councillor for St Ives, I have been approached by
Chabad North Shore with a request for Council to acknowledge the Jewish holiday
of Chanukah in a new way this year.
Chanukah represents the idea of ‘a little light
dispels much darkness’.
Chabad North Shore is therefore looking to expand its
celebration of Chanukah this year, to uplift the Jewish community and to spread
the message of light, goodness and tolerance for all Australians.
If the Council concurs, Chabad North Shore have requested
that a Chanukah menorah display be placed in front of the Council Chambers
during the holiday period, which this year runs from 7 to 15 December.
While I am aware that the Council’s Christmas tree
takes the central position in front of the Chambers, it could be possible to
display the menorah to the right-hand side of the building for this period.
The menorah measures approximately 3 metres tall and 1 metre
in width. Chabad North Shore would install and remove the menorah.
Image of proposed installation
Chabad North Shore have made an additional request to
display a menorah at the roundabout connecting Link Road with Stanley Street in
St Ives. However, after discussions with staff this location is not recommended
due to traffic safety concerns.
It is important that our community remains peaceful and
cohesive despite the terrible events unfolding in the Middle East. A request
such as this to recognise the Jewish holiday of Chanukah must equally be
applied to other faiths and cultural groups in Ku-ring-gai, if they wish to put
forward ideas to celebrate festivals or other significant occasions.
I, therefore, move:
A. That
Council agree to display the Chabad North Shore menorah between 7 and 15
December 2023 outside the Council Chambers building.
B. That
Council advise Chabad North Shore of its decision.
Recommendation:
That the above Notice of Motion as printed be adopted.
|
Councillor Christine Kay
Councillor for St Ives Ward
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Ordinary
Meeting of Council - 21 November 2023
|
NM.2 / 1
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Item
NM.2
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S11390
|
9
Dumaresq Street, Gordon (Dumaresq Reserve)
Notice of Motion from Councillors Lennon
and Ward dated 3 November 2023
In 2007, Council acquired three adjoining properties in
Dumaresq Street, Gordon for the purposes of forming a park. Council has leased
the properties to residential tenants earning rental income, which we have
returned to Council’s development contributions reserves for acquisition
of other open space as part of Council’s Open Space Acquisition Strategy.
Council recently demolished one of the properties, 9
Dumaresq Street, because the cost of repairs to allow ongoing residential
occupation became too expensive. The other two properties remain rented.
9 Dumaresq Street is 1,458 square metres in size and a
little over 100 metres from the middle of the Gordon town centre. It is well
covered with trees.
A prospective Gordon Civic Hub project is likely many years
away. Consequently, Council has the opportunity to facilitate public access and
use of the land at 9 Dumaresq Street at relatively low cost until Council can
develop and implement longer term plans.
With simple low-cost additions such as turf, seating,
connectivity with Council’s adjacent car park, improved access to
Dumaresq Street and the like, Council can transform the site into a highly
desirable and usable space. Embellishment of the space need not be elaborate or
expensive.
We, therefore, move:
That Council open 9 Dumaresq Street, Gordon to the public
for passive local recreational open space with connections to Council’s
site adjoining to the east, as an interim use until such time as Council
develops and implements longer term plans for the Gordon Civic Hub project.
Recommendation:
That the above Notice of Motion as printed be adopted.
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Councillor Simon Lennon
Councillor for Gordon Ward
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Councillor Barbara Ward
Councillor for Gordon Ward
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Ordinary
Meeting of Council - 21 November 2023
|
NM.3 / 1
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|
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Item
NM.3
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CY00760/3
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Ku-ring-gai
Tree Protection
Notice of Motion from Councillor
Wheatley dated 3 November 2023
Ku-ring-gai has a rich history as Sydney’s Green
Heart, where we are fortunate to reside among the city's most majestic trees.
Regrettably, not everyone shares in this privilege. In recent years, there has
been a notable surge in unlawful tree-related activities within our local
government area (LGA), including unauthorised removal, severe limb pruning, and
even the poisoning of these natural wonders.
Our dedicated council staff have taken commendable measures
to combat these infringements on our LGA's natural beauty. They have already:
1. Contacted
the Minister of Planning and Public Spaces twice, urging a review of
legislation to impose stricter penalties on both individuals and organisations
involved in illegal tree-related actions.
2. Developed
an online mapping tool for community members to cross-reference tree-related
applications, aiding in identifying potential unauthorised work.
3. Distributed
educational brochures to residents along with their rates notices.
4. Produced
an informative online video to educate the community on the importance of tree preservation.
5. Utilised
bus shelters to broaden the reach of the tree preservation message.
6. Trained
our Tree Management Officers in investigation techniques and empowered them
with the delegation to issue penalties.
7. Spearheaded
a collaborative effort with the Department of Planning and Environment and five
other councils to fortify legislation regarding tree-related breaches.
8. Regularly
scrutinised contractor websites to identify false or misleading information
related to our Development Control Plan (DCP).
9. Reached
out to peak bodies to alert them about unscrupulous contractors falsely
claiming membership.
10. Implemented
a requirement to advertise tree permits at the front of properties when
removing or pruning trees under the terms of the consent.
Additionally, our council recently passed a resolution to
present a motion at the Local Government NSW Conference, as follows:
That LGNSW:
1. Advocates
to the NSW Government to greatly increase penalty infringement notice fines for
illegal tree removal, vandalism, or other harm.
2. Advocates
to the NSW Government, specifically the Minister for Planning and Public
Spaces, for a change to Schedule 5 of the Environmental Planning &
Assessment Regulation 2021 to increase the penalties for individuals and
corporations for penalty notice offences relating to development without
consent.
3. Advocates
for a review of the requirements for prosecution of illegal tree removal.
Despite our diligent efforts, we are losing the battle to
preserve our trees. From 2021 to November 2023, there has been a 50% increase
in reports of alleged unauthorized tree works from the community, resulting in
a staggering 79% increase in penalty infringement notices. During the same
period, the number of tree-related applications has declined by 16.5%,
indicating that a minority within the community is bypassing the correct
procedures for tree-related work.
This concerning trend demands immediate reversal, and our
council must take a resolute stance against unlawful tree-related activities in
our locality.
I, therefore, move:
A. That
Council create a dedicated hotline to report illegal tree removal and increase resourcing
for education, tree protection and investigations to ensure 7 day a week
coverage.
B. That
Council hold a public forum to collaborate with key community stakeholders on
ways to fight against illegal tree works.
Recommendation:
That the above Notice of Motion as printed be adopted.
|
Councillor Kim Wheatley
Councillor for Wahroonga Ward
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|
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Ordinary
Meeting of Council - 21 November 2023
|
NM.4 / 1
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Item
NM.4
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S13683
|
Re-establish
The Status of Women's Advisory Committee
Notice of Motion from Councillor Kay
dated 3 November 2023
At the Ordinary Meeting of Council held on 16 August 2022,
Council resolved that two Women’s Forums were to be held in the 2022/2023
financial year. This resolution also dissolved the Status of Women’s
Advisory Committee.
A. That
Council facilitate two Women's forums to be held in 2022/23 financial year, one
in the 1st half (October or November) and one in the 2nd half (May) of the
financial year.
B. That
the Status of Women's Advisory Committee be dissolved.
For the Resolution:
The Mayor, Councillor Pettett, Councillors Lennon, Smith,
Ward and Wheatley
Against the Resolution:
Councillors Kay, Ngai, Spencer, G. Taylor and A. Taylor
The voting being EQUAL, the Mayor exercised his Casting
Vote IN FAVOUR of the Resolution CARRIED
Several women have shared publicly and privately their
disappointment that the Committee had been dissolved. Clearly, there was an
interest from the community, as 25 applications were received from women of all
walks of life.
The purpose of establishing the Status of Women’s
Advisory Committee was to elevate specific women’s issues by giving women
a voice and the opportunity to contribute to planning and improving services,
facilities, programs, and projects, whilst highlighting issues of the
importance to women to improve the status of women in our community.
Members of the Committee will provide advice, advocate, and
raise awareness of issues that affect women in Ku-ring-gai, promoting local
networks, activities and events that celebrate women in our community. The
Committee will provide a platform for addressing local issues and make women
feel valued, engaged, and empowered to develop effective and targeted
solutions.
The focus of the first Women’s Forum, in November
2022, was informed by the Commonwealth and State Government’s strategic
directions for addressing specific women’s issues at a national, state
and local level. These included:
• Ensuring
women’s safety and reducing violence against women and children
• Improving
women’s leadership choice
• Strengthening
women’s economic security and prosperity, including increasing
women’s workforce participation
• Gender
equality and women’s empowerment
Building on the feedback gathered, the International
Women’s Day Forum March 9, 2023, promoted local voices and featured three
major topics of importance:
• Violence
against women
• Women’s
representation
• Cultural
inclusion and removing barriers to participation.
The Status of Women’s Advisory Committee will provide
a structured and organised way for the community to come together and address
specific needs and concerns whilst promoting civic engagement and collaboration
and building stronger relationships in the community.
Moving forward, we are now able to act on the areas that
matter to women by re-establishing a women’s committee that can strongly
advocate for women and amplify the voices of the community.
I, therefore, move:
A. That Council re-establish
the Status of Women's Advisory Committee
B. That
Council adopt the attached Terms of Reference to guide the operations of the
Committee.
C. That the Mayor (or a
Councillor nominated by Council) be appointed as Chair of
the Status of Women's Advisory
Committee
D. That women on Council
self-nominate to be included on the Committee.
E. That
applicants recommended by the selection panel at the 28 June 2022 Meeting of
Council be invited to serve on the Committee and duly appointed.
F. That
any vacancies be filled in accordance with the process outlined in the
Committee’s Terms of Reference
G. That
a community member be nominated as Deputy Chairperson by the Committee at its
first meeting and reported back to Council for endorsement.
Recommendation:
That the above Notice of Motion as printed be adopted.
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Councillor Christine Kay
Councillor for St Ives Ward
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Background
Information:
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A1 ⇩
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Draft
Terms of Reference for Women's Committee - attachment to Notice of Motion
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2023/352655
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ATTACHMENT No: 1 - Draft
Terms of Reference for Women's Committee - attachment to Notice of Motion
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Item No: NM.4
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Ordinary
Meeting of Council - 21 November 2023
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NM.5 / 1
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Item
NM.5
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CY00455/11
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Former
General Manager, John McKee
Notice of Motion from Councillors Smith,
Wheatley and Pettett dated 3 November 2023
John McKee's first local government employment after
graduating with a degree in Business and Industrial Relations was with
Parramatta Council as a Financial Analyst.
John joined Ku-ring-gai Council as a Business Analyst in
1998. In 2001, he was promoted to Director of Finance. His main role then was
to find efficiencies, reduce debt and obtain the initial infrastructure levy.
The Council was not in a good financial position at the time and could not fund
depreciation. His impressive efforts led to his appointment as General Manager
in 2006.
John McKee’s superlative financial skills spearheaded
the turnaround in the organisation's financial position through a combination
of rigorous debt reduction, increased income, targeted asset sales and
purchases and strategic long-term planning.
Initiatives implemented under his leadership include:
· A rates
restructure providing $36 million over 20 years for infrastructure renewal
· A permanent
environmental levy providing $4 million a year for a range of environmental
projects, approved by IPART in 2019
· Full integration
of asset management, financial and operational planning and associated
reporting for improved budgeting
· Creation of an
award-winning open space acquisition strategy
· Gazettal of
significant Heritage Conservation Areas across Ku-ring-gai Town Centres
· Implementation of
a development contributions scheme to provide new community facilities in areas
of high development
· Creation of the
Activate Ku-ring-gai civic redevelopment program, revitalising
Ku-ring-gai’s main centres in Lindfield, Turramurra, Gordon and St Ives
· One of the first
Council’s in Sydney to respond to the Greater Sydney Commission’s
requirement for new local environmental plans. Ku-ring-gai’s Local
Strategic Planning Statement was adopted by Council in 2020.
· A $29 million
multi-purpose recreational area for netball, soccer and golf
· A $20 million
fitness and aquatic centre
· A completely
refurbished and modernised main library
· A new Council
depot and new headquarters for volunteer emergency services
· 15 new parks and
playgrounds by 2020
· A large new public
space and underground parking for 130 cars at Lindfield
John led Council through difficult State Government
challenges. His successful management of Council's financial performance
ensured it was one of the only councils in NSW to meet the State Government's
financial criteria under the Fit For the Future sustainability program.
Nevertheless, the NSW State Government proposed merging Ku-ring-gai Council and
Hornsby Council.
When Ku-ring-gai Council resolved to oppose the merger, John
McKee led a successful legal challenge to the merger process resulting in a win
in Court and Ku-ring-gai maintaining
its
independence.
I, therefore, move:
That the Mayor write to John McKee thanking him for his
distinguished service to the Council and the residents of Ku-ring-gai.
Recommendation:
That the above Notice of Motion as printed be adopted.
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Councillor Martin Smith
Councillor for St Ives Ward
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Councillor Kim Wheatley
Councillor for Wahroonga Ward
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Councillor Jeff Pettett
Councillor for Comenarra Ward
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