Ordinary Meeting of Council

TO BE HELD ON Tuesday, 21 May 2024 AT 7:00PM

Level 3, Council Chamber

 

Agenda

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

 

 

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

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

 

 

The Livestream can be viewed here:

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

 

 

 

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

 

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

 

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

 

The Oath or Affirmation taken is as below:

 

Oath:

 

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

 

Affirmation:

 

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


 


 

APOLOGIEs

 

DECLARATIONS OF INTEREST

 

Documents Circulated to Councillors

 

Confirmation of Reports to be Considered in Closed Meeting

 

NOTE:

 

That in accordance with the provisions of Section 10 of the Local Government Act 1993, all officers’ reports be released to the press and public, with the exception of following confidential report(s) and attachments:

 

C.1   Ku-ring-gai Hub Projects Status - Confidential Update

 

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

 

CONFIRMATION OF MINUTEs

 

Minutes of Ordinary Meeting of Council                                                                                  19

 

File: EM00043/3

Meeting held 16 April 2024

Minutes numbered 60 to 79

 

Minutes of Extraordinary Meeting                                                                                             44

 

File: S02131

Meeting held 1 May 2024

Minutes numbered 80 to 81

 

minutes from the Mayor

 

MM.1       Vale John Krummel - Former Artistic Director, Marian Street Theatre               47

 

File: CY00455/12

 

It is my sad duty to inform my Councillor colleagues and the community of the death of one of Ku-ring-gai ‘s cultural leaders.

 

John Krummel was the Artistic Director of the Marian Street Theatre Company for two vital periods in the 1980s and 1990s. He was the theatre company’s longest-serving, best-known and most successful leader and played a major role in restructuring the theatre’s finances at this time.

 

John Krummel was born in Broken Hill in 1943 and soon after his family moved to Wagga Wagga. It was during his childhood that John decided he wanted to be an actor, becoming fascinated by the actor Charles Laughton at the age of nine.

 

After leaving school, John Krummel enrolled in the National Institute of Dramatic Art (NIDA) in 1962. He appeared in his first play in 1968, performing a memorable role as a Vietnam veteran haunted by his wartime experiences. In the same year he became one of the leading actors in the play Boys in the Band which ran for two years, despite attracting controversy at the time.

 

By the mid 1970s, John had moved to Melbourne and it was there he gained valuable experience under his mentor John Sumner on running a subsidised theatre. He also spent time in Brisbane learning how to direct plays and was subsequently invited to become the Queensland Theatre Company’s resident director.

 

In 1982, John Krummel became artistic director of Marian Street Theatre and the theatre quickly became popular with north shore residents for attracting actors such as Googie Withers and Tony Sheldon, as well as providing opportunities for recent NIDA graduates and local talent such as Georgie Parker. Marian Street also became known for the quality of its plays, hosting productions by writers as varied as Eugene O’Neill and Alan Ayckbourn.

 

John Krummel first left the theatre after nine years as its manager in 1990, with over 5000 subscribers and a healthy bank balance. Five years later he was recalled to restructure the theatre’s finances to prevent its collapse. The HIH Insurance company eventually became the theatre’s main sponsor, funding Marian Street for three years. Despite suffering a stroke, John Krummel still managed to lead the theatre for four more years until the collapse of HIH Insurance in 2001.

 

John was an extraordinary actor, director and theatre manager and his work was well recognised by his peers through several awards. Despite the financial obstacles and his own health challenges, John Krummel was devoted to giving the Ku-ring-gai community high-quality live theatre. His influence on generations of actors is still felt today.

On behalf of the Council and our community, I offer sincere condolences to John Krummel’s family and friends. May he rest in peace.

 

Recommendation:

 

A.   That the Mayoral Minute be received and noted.

B.   That we stand for a minute’s silence to honour John Krummel

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

 

Petitions

 

PT.1        Resident sponsored proposal to change traffic flow on Khartoum Lane from two way to one way                                                                                                           49

 

File: TM4/16

 

This proposal is being submitted to Ku-ring-gai Council by the concerned residents that live on or near Khartoum Lane to change the traffic flow on Khartoum Lane from two way to a one way traffic flow. The traffic flow would be one way to the EAST. Namely, away from the Train Station, to facilitate people picking up and dropping off from the Gordon Heavy Rail station. The current LANE is NOT wide enough to accommodate two way traffic. Cars are not able to pass each as the lane is not wide enough.

 

 

 

Historical background

 

Khartoum Lane was built in the 1930’s, as houses were developed and was designed as a night waste lane. Many of the houses during the early part of the 20th century did not have indoor toilets -- so the houses of that period had structures built in the back garden. These privies or outhouses were built on the lane so at night the waste could be collected (similar to today’s garage collection). Indeed, nearly 100 years later the lane’s primary used to collect residents waste and recycling. Therefore the lane was never built to accommodate modern day two way traffic. In fact, visual inspection will show that the Lane is considerably more narrow than the surrounding streets, such as Park Street, Khartoum Ave, Robert Street and Werona Avenue – all of which are two way traffic. Cars cannot pass on the lane and when two cars confronting each other going different directions, someone must back down the lane to allow the other car to progress.

 

 

The safety of pedestrians and the protection of property in our laneway are at risk due to cars speeding. Despite recent efforts to regulate speed in surrounding streets, the laneway remains excluded, leaving it vulnerable. It's imperative to have a speed limit to the laneway. This can be communicated by painting the speed limit on the street at both entry points and installing clear, visible signage within the laneway, ensuring a safer environment for all.

 

The Need for the request
 

The popularity of the Commuter Rail station at Gordon sees a large amount of traffic in the area. Commuters park out the residential streets (despite garages at the station) and drop off people at the station. Bus stops located on Werona avenue are directly across from the entrance to Khartoum Lane. All this activity means that traffic in the area is certainly more than the suburban streets were designed for. This becomes a huge problem when you have a LANE which is NOT wide enough for 2 vehicles to pass by each other. Additionally, pedestrian traffic is heavy - as school children use the bus stops. Added to this is at the entrance of Khartoum Lane are 2 apartment buildings whose entrances are on Khartoum Lane.

 

 

What is being proposed increases safety.

The proposal to make Khartoum Lane one way is to prevent cars entering from Rosedale Road only to get half way down the lane and meet traffic coming from the popular train station. Additionally, having the lane one way increases the safety for pedestrians - as many of them use the Lane as a walkway. Having the traffic moving in one direction means it is more predictable for the pedestrians.

 

This traffic flow has been observed over many years by the residents that live on this lane and making this change will have minimum impact to people using the station, as most people are dropping off and picking up from the station and driving down the lane to the East (the proposed flow) to get to Rosedale Road.

Making the Lane one way will also increase safety on Rosedale Road. Rosedale Road is a major traffic artery in Gordon extending from Gordon to St. Ives High School. It has a large amount of traffic.

 

As Khartoum Lane currently is classified as two way, people can attempt to turn right into the Lane from Rosedale Road. If they are traveling south on Rosedale Road, they must slow to make the turn and making this turn is against oncoming traffic (often accelerating up a hill or coming from Robert Street). An additional danger is that they are slowing (and stopping -- if they have to wait for oncoming traffic) and they are on a hill, so a car or bus coming south on Rosedale Road suddenly encounters a stopped vehicle in the middle of the road where they would not expect one. This situation is exacerbated if someone is already in Khartoum Lane -- as there is no way to fit two vehicles into the lane (they cannot pass each other). It should be noted that Rosedale Road is the bus route from St. Ives to Gordon and the buses travel fast and have difficulty in stopping. In short, making Khartoum Lane one way will increase safety for pedestrians and motorists. For motorists, by reducing cars making right turns on a major road -- across traffic. For pedestrians, a one way lane provides for a way to watch for traffic in a predictable manner.

 

This proposed change will not impact commuter traffic as they have two streets -- Robert Street and Khartoum Avenue that are two way and Khartoum Lane can be used exclusively to move people away from the station quickly after picking up or dropping off.

 

We, the undersigned, here by support the establishment of ONE WAY traffic flow on Khartoum Lane and urge Ku-ring-gai Council to consider and approve this request by concerned citizen of the area. (9 Signatures).

 

Recommendation:

 

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

 

PT.2        Establish a Safe Pedestrian Footpath on Winchester Avenue, Lindfield          52

 

File: TM6/16

 

Roseville Ward Councillors have received the following 1-page petition from Hayley Pentermann, advocating for a pedestrian footpath on Winchester Avenue in Lindfield: 

 

As a family with young children living in Lindfield, we often find ourselves walking along the busy Winchester Ave connecting Lyle Avenue to Eton Road. The nature strips are inadequate, especially when trying to push prams and walk with our toddler to the local parks. In just a few short years, our children will need to navigate this street themselves to reach local schools and public transport.

This road is not just frequented by us but also by many other pedestrians including children attending the local school, children attending sports training and games at Charles Bean Oval and the many residents who enjoy exercise and walk their pets. Yet there is no safe pedestrian footpath established here. This poses significant safety risks for all pedestrians, especially during peak hours when traffic is heavy.

According to the Australian Bureau of Statistics (ABS), pedestrian fatalities account for 14% of all road deaths in Australia (source: ABS). A dedicated footpath would significantly reduce this risk and ensure that everyone can travel safely within our community.

We urge the local council of Ku-ring-gai NSW, Australia to take immediate action on this matter. By establishing a safe pedestrian footpath along this busy road, we can protect all pedestrians - from young families like ours to school-age children who rely on this route for their daily commute. Please sign this petition if you believe in creating safer streets for everyone in Lindfield. Your support could make a real difference in our community's safety and quality of life.

 
Please sign this petition if you believe in creating safer streets for everyone in West Lindfield. Your support could make a real difference in our community's safety and quality of life. (89 Signatures)

 

Recommendation:

 

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

 

GENERAL BUSINESS

 

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

 

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

 

GB.1        Minutes of Audit, Risk & Improvement Committee Meeting held on 21 March 2024                                                                                                                                       53

 

File: CY00458/12

 

To provide Council with the Minutes from the Audit, Risk & Improvement Committee meeting held on 21 March 2024 for adoption.

 

Recommendation:

 

That the minutes from the Audit, Risk & Improvement Committee meeting held on 21 March 2024 be adopted.

 

GB.2        Sustainable Recreation Advisory Group - Meeting Minutes 4 April 2024          64

 

File: S13163

 

That Council receive and note the minutes from the Sustainable Recreation Advisory Group (‘SRAG’) meeting held on 4 April 2024 and endorse the recommendations within.

 

Recommendation:

 

That Council receive and note the Sustainable Recreation Advisory Group minutes from 4 April 2024 and endorse the recommendations within.

 

GB.3        Youth Advisory Committee                                                                                             72

 

File: S04477

 

To provide Council with information about how Youth Advisory Committees are operating within other councils in metropolitan Sydney, and to provide a draft Terms of Reference for a Youth Advisory Committee for Ku-ring-gai Council.

 

Recommendation:

 

That Council determine whether to develop a Youth Advisory Committee immediately, or whether Council staff undertake further consultation with young people about the structure and establishment of a Youth Advisory Committee for Ku-ring-gai Council, prior to establishing the committee.

 

GB.4        2023 - 2024 Budget Review - 3rd Quarter ended March 2024                                93

 

File: S09112/12

 

To inform Council of the results of the second 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 31 March 2024.     

 

 

 

 

 

Recommendation:

 

That the March QBR 2023/24 Quarterly Budget Review and the recommended changes are received and noted.

 

GB.5        Analysis of Land and Environment Court Costs - 3rd Quarter 2023 to 2024  115

 

File: FY00623/6

 

To report legal costs in relation to development control matters in the Land and Environment Court for the quarter ended 31 March 2024.  

 

Recommendation:

 

That the analysis of Land and Environment Court costs for the year ended 31 March 2024 be received and noted.

 

GB.6        Investment Report as at 30 April 2024                                                                       134

 

File: FY00623/6

 

To present Council’s investment portfolio performance for April 2024.

 

Recommendation:

 

That the summary of investments performance for April 2024 be received and noted; and that the Certificate of the Responsible Accounting Officer be noted and the report adopted. 

 

GB.7        St Edmund’s College community fundraising event                                             141

 

File: CY00043/16

 

To advise Council of the opportunity to purchase tickets for St Edmund’s College’s community fundraising event (Eddie’s Big Night Out) on 15 June 2024.

 

Recommendation:

 

That:

 

A.   Council decides whether to purchase a table for St Edmund’s College’s community fundraising event (Eddie’s Big Night Out); and

B.   If supported, that Councillors interested in attending advise the General Manager by 24 May 2024.

 

GB.8        Project Status Report - May 2024                                                                                144

 

File: FY00621/6

 

To provide Council with the Project Status Report for February, March and April 2024.

 

 

 

Recommendation:

 

That Council receive and note the Project Status Report for February, March, and April 2024.

 

GB.9        No net loss of tree canopy                                                                                            152

 

File: S12227

 

Report back as per NM.5 of the OMC of 19 March, which resolved that, Council reports back by May 2024 on the feasibility of:

 

A.   Amending the KDCP to achieve no net loss of canopy area at maturity and seek to achieve a net gain, including some quantification of the historical change in canopy area pre and post development (at maturity) for different types of development.

B.   Adopting a policy of 'achieving a net gain' of canopy area and under-storey vegetation during material changes to Council-owned land; and

C.   A system with supporting marketing to promote and supply resident planting of locally indigenous trees and vegetation across all storeys, from an ecosystem to suit their site-specific soils and initially targeting green corridors.

 

Recommendation:

 

That Council receive and note this report.

That possible future amendments to the Ku-ring-gai DCP be investigated as part of the Urban Forest Canopy Loss Analysis in Ku-ring-gai Local Government Area project.

 

GB.10      Planning Proposal 17a Edward Street, Gordon - Consideration of Submissions                                                                                                                                              171

 

File: S14395

 

For Council to consider the submissions received during the public exhibition of the Planning Proposal to heritage list 17a Edward Street, Gordon.

 

Recommendation:

 

That Council resolves to make the plan under Section 3.36 of the Environmental Planning and Assessment Act 1979.

 

Extra Reports Circulated to Meeting

 

Motions of which due Notice has been given

 

NM.1       Marian Street Theatre, Lindfield Library                                                                   290

 

File: S12062

 

Notice of Motion from Councillor Lennon dated 2 May 2024

 

Council owns the land on which the Lindfield Library stands. That land also provides space for the Ku-ring-gai Youth Development Service (KYDS), a senior citizens centre, accommodation, car parking, and lawns. If Council resolves to sell that land, it would ensure that it provides replacement library, KYDS, and senior citizen facilities, with parking.

 

On 14 February 2023, Council resolved at GB.1:

C. The required proceeds from the future sale of the existing Lindfield Library will be quarantined and dedicated to the Lindfield Village Hub project.

 

As a result of the state government (through Transport for New South Wales) in November 2023 withdrawing $9.8 million funding for additional commuter car parking in Ku-ring-gai, the Lindfield Village Hub might not proceed at this time.

 

Council has not previously sought federal government, New South Wales state government, philanthropic, or community funding for the repairs and/or construction necessary to re-open the Marian Street Theatre as a functional professional theatre.

 

I, therefore, move that:

 

A.   Council explore federal government, New South Wales state government, philanthropic, and community funding for the repairs and/or construction necessary to re-open the Marian Street Theatre as a functional professional theatre.

B.   If Council resolves to sell the Lindfield Library site, Council apply such of the proceeds of any sale of the Lindfield Library site as are necessary to fund the redevelopment of the Marian Street Theatre, after setting aside:

i.    any amount required for the Lindfield Village Hub, and

ii.   if the Lindfield Village Hub does not proceed or proceeds without a replacement library, any other amount required to establish a new Lindfield library and to replace the other community facilities that Council currently provides on the Lindfield Library site.

 

Recommendation:

 

That the above Notice of Motion as printed be adopted.

 

NM.2       Updating the Code of Meeting Practice to improve the accessibility and transparency of our public forums and take action on urgent issues             291

 

File: CY00438/12

 

Notice of Motion from Councillor Kay dated 2 May 2024

 

Ku-ring-gai Council is committed to principles of good governance: transparency, accessibility, and accountability. We recognise the crucial role of community engagement in the democratic process.

 

As councillors are elected by their communities to make decisions on their behalf, it is important that the community can see this decision-making in action and understand how and why decisions are made. Live streaming of council meetings assists with this (see the NSW Office of Local Government’s Guide to Webcasting Council and Committee Meetings 2021).

 

By further leveraging this technology, we propose livestreaming public forums as well. This would extend participation beyond the physical council chambers, making these forums accessible to all, regardless of physical limitations, geographic location, or scheduling constraints.

 

Livestreaming not only broadens engagement by offering a real-time view into council operations, but also promotes greater public confidence in the integrity of our processes. It ensures that council decisions and the decision-making process are open and visible to the community, reinforcing our dedication to transparency and ensuring the community's voice is heard.

 

This approach will also provide a reliable record of discussions and decisions. It curtails the spread of misinformation by allowing direct public access to source material and enhances the accountability of everyone involved in the council’s operations.

 

Adopting a policy to livestream all public forums would meet the expectations of Ku-ring-gai residents for a modern, accessible and responsive government. It would ensure that every community member can see and participate in local government no matter where they are. This will maintain and enhance public trust, engagement and allow a broader community to participate.

 

Lane Cove, Kiama and Kempsey Councils also hold public forums on separate nights from meetings and livestream them. The benefits of this are:

 

·    Enhanced Transparency: This openness builds trust between council and its residents by showing that council is committed to transparency.

·    Increased Accessibility: By live streaming public forums, council can ensure that all community members, including those who are unable to attend in person due to disabilities, transport limitations or time constraints can stay informed and engaged with local issues.

·    Broader Engagement: Live streaming can reach a larger audience, engaging residents who might not typically attend council forums. This can lead to greater community involvement and input in local government affairs, potentially increasing public participation in surveys, feedback sessions and community discussions.

·    Accountability: When meetings are accessible to a wider audience, council members and officials are likely to be more mindful of their conduct and decisions. This accountability can lead to more thoughtful, deliberate decision-making and can enhance the integrity of the council.

·    Record Keeping and Review: Recorded live streams provide a permanent record of meetings, which can be useful for creating accurate minutes, reviewing decisions and allowing residents to access past forums at their convenience. This can be particularly helpful for people who want to stay informed but have scheduling conflicts.

·    Reduction of Misinformation: Providing direct access to meetings via live stream helps ensure that information disseminated in the community is accurate and sourced directly from the decision-makers, reducing misunderstandings and misinformation.

Remote participation in public forums

 

This Council recently provided the opportunity for community members to join our public forums remotely via Zoom.

 

In the same spirit of accessibility and inclusivity, it is time to re-establish this option for the members of our community who are unable to attend in person - and amend the Code of Meeting Practice to make this permanent. We should be increasing opportunities for all our residents to have their voices heard.

 

Granting the General Manager the authority to call an extraordinary meeting.

 

This amendment would clarify any uncertainty in the current Code of Meeting Practice about whether the General Manager can call an extraordinary meeting to deal with urgent or unforeseen operational matters.

 

In line with Section 366 of the Local Government Act, the current Code of Meeting Practice requires that the Mayor call an extraordinary meeting if requested in writing by at least two councillors. However, the Act and Code is silent on other ways that a meeting could be called.

 

There will be times when Council needs to come together to deal with a matter of great urgency and importance. This could be to deal with a natural disaster, an unexpected event in a major contract, a major policy announcement, or to take advantage of a funding opportunity.

 

By updating the Code of Meeting Practice to incorporate these amendments, we can create a more accessible and transparent Council, encourage greater public engagement and take more timely action on critical issues.

 

I, therefore, move that Council:

 

A.   prepare a new draft Code of Meeting Practice to allow for:

·    public forums to be webcast and recordings of public forums to be made available on Council’s website

·    public forums to always be held as a hybrid meeting, unless the meeting is unable to be held physically in the Council Chamber in which case it will be held by audio-visual link only

·    the General Manager, in consultation with the Mayor, to call an extraordinary meeting to consider urgent business without the need to obtain the signatures of two councillors.

 

B.   place the draft Code of Meeting Practice on public exhibition for 28 days and bring a report back to Council at the end of the consultation period summarising the public response and providing a final version of the new Code of Meeting Practice for adoption.

 

Recommendation:

 

That the above Notice of Motion as printed be adopted.

 

NM.3       Explore Regional Sister City Relationships                                                             294

 

File: S03289

 

Notice of Motion from Councillor Kay dated 3 May 2024

Sister cities or twin towns are cooperative agreements between communities, formalised through memorandums of understanding and typically signed by local government representatives.

 

These agreements aim to promote collaboration and connection through cultural exchange and understanding, economic collaboration, and mutual support.

 

Sister Cities Australia facilitates such relationships by matching communities within Australia, as well as internationally, that share similar values yet offer diverse experiences. Establishing a Sister City relationship could offer Ku-ring-gai Council significant cultural enrichment and opportunities for economic and educational interchange, especially with another town, city, or shire within New South Wales that shares our commitment to sustainability and cultural diversity.

 

Potential Benefits of a Regional Sister City Relationship: 

 

1.   Enhanced cultural exchange that promotes deeper understanding and appreciation of diverse Australian cultures, including Aboriginal heritage.

2.   Economic collaborations that could range from joint tourism promotions to shared local business support initiatives.

3.   Educational exchanges focused on best practices in environmental sustainability, particularly around Net Zero and Climate Wise communities.

4.   Increased community engagement through shared projects involving youth ambassadors, culturally and linguistically diverse (CALD) communities, and volunteer programs.

 

This initiative not only promises to enrich our community's cultural landscape and economic vitality but also strengthens ties with other regional centres, fostering a broader sense of cooperation and mutual growth within the state.

 

I, therefore, move that Ku-ring-gai Council:

 

A.   investigate the potential benefits, opportunities and costs of establishing Sister City relationships with other regional communities in New South Wales.

B.   reach out to Sister Cities Australia to express interest in identifying and progressing potential partnerships that align with our values and priorities.

 

Recommendation:

 

That the above Notice of Motion as printed be adopted.

 

NM.4       Domestic Violence                                                                                                          295

 

File: S08654

 

Notice of Motion from Councillor Ward dated 3 May 2024

 

Based on data provided by the NSW Police, it is distressing to note that, on average, one woman loses her life every week due to violence inflicted by a current or former partner.

 

One in three women has experienced physical or sexual violence at the hands of someone they know. Shockingly, one in four young people is willing to excuse violent behaviour from a partner. One in five women have experienced violence from a partner. A woman is killed every two weeks in Australia by their partner.

 

In 2023, NSW Police reported that there were 128 incidents of domestic violence reported in Ku-ring-gai, along with 102 cases of sexual assault or offence.

 

Domestic and family violence does not discriminate and has increased. It impacts everyone no matter their age, background or socio-economic status. People from culturally and linguistically diverse backgrounds may misunderstand what domestic violence is and not know their legal rights in relation to it.

 

The cycle of domestic and family violence starts with disrespectful personal and/or family attitudes and behaviours.

 

All violence is unacceptable, whether it occurs in the home or elsewhere, and no matter who perpetrates it. The underlying causes of violence are complex but there is a growing body of research and evidence linking gender-based violence to gender inequality.

 

Violence against women and girls is a prevalent, serious and preventable violation of human rights, therefore we must take action and do all we can to change the landscape. Everyone deserves to be safe, supported and respected.

 

Domestic Violence Remembrance Day was on 1 May 2024, and communities across Australia came together to remember those we’ve lost to domestic and family violence. I attended a number of events held by various Councils where we came together to light a candle and honour the memory of those lost as a result of domestic or family violence.

 

As a Patron of Hornsby Ku-ring-gai Women’s Shelter - I am acutely aware that domestic and family violence is the main reason women and children leave their homes which leads to so many issues including housing insecurity and homelessness. Whilst the Shelter support many, sadly many aren’t helped because of a lack of resources.

 

As a council, we must do everything we can to raise awareness, partner with other levels of government, and support the critical work of our community groups.

 

I, therefore, move that Council:

 

A.   Develops and implements an Action Plan to increase awareness and prevention of domestic, family, and sexual violence.

B.   Embeds gender equality and respect in Council and our community.

C.   Marks Domestic Violence Remembrance Day by holding or supporting an event in Ku-ring-gai.

 

Recommendation:

 

That the above Notice of Motion as printed be adopted.

 

NM.5       Optimising the management of natural turf sporting fields to enable increased usage                                                                                                                                   297

 

File: S07823

 

Notice of Motion from Councillor G. Taylor dated 3 May 2024

 

Across Ku-ring-gai, and as reported in the recently developed Recreation Needs Study, demand for recreational spaces and sports fields is high. This demand for sports fields is expected to increase along with population growth and increased housing density. This increased demand for recreational spaces in Ku-ring-gai reflects trends seen across Greater Sydney.

 

Due to the scarcity and affordability of land for new public spaces within Ku-ring-gai, meeting any increased demand for sporting fields poses a significant challenge. Land for new sports spaces may not be financially, socially, or environmentally feasible and as such there is a need to improve the capacity and quality of existing sports fields.

 

There are many factors in the construction and development of high-capacity fields including location and solar access, soil and turf selection, drainage, construction method, budget, and water availability. Similarly, there are many factors for the management of high-capacity fields including activity types, player numbers and intensity as well as budget, nutrient, fertilisation and chemical regimes, aeration and soil improvement, pest and disease management practices and education of users. By addressing these factors, the capacity and quality of natural turf fields could be significantly improved, providing sustainable and high-quality playing surfaces for sports and recreational activities.

 

Ku-ring-gai currently has 55 sports fields and optimising the quality and capacity of these fields may represent a significant opportunity to meet future demand. By selecting key sites that have recently been constructed or which are below average condition, Council could partner with industry experts to design a trial aimed at improving management practices and capacity across the LGA.

 

I, therefore, move:

 

That a report be brought back to Council outlining a trial aimed at increasing the usage capacity of selected existing natural turf sporting fields when supported by optimal soil and turf amendments, maintenance, and wear and usage management regimes.

 

Recommendation:

 

That the above Notice of Motion as printed be adopted.

 

NM.6       Support for Pymble Ladies College                                                                            299

 

File: S13239

 

Notice of Motion from Councillor Ward dated 3 May 2024

 

Pymble Ladies’ College has been a steadfast supporter of HerVillage Foundation since former student Tahmara Thomas presented her ideas to assist recently arrived refugees from Afghanistan following the resurgence of the Taliban in 2021. The College readily provided access to its sports fields, buildings, buses and staff, while actively encouraging student participation and promoting Tahmara’s initiative.

 

Recognising the importance of cultural cohesion in Sydney, the school, renowned for celebrating its diverse student population, places great value on fostering intercultural understanding and cultivating a sense of belonging. Through various inclusive avenues such as sport, performing arts, curriculum, STEM activities and interfaith dialogue, Pymble Ladies’ College actively endeavours to bring people together, nurturing familial and communal engagement in inclusive spaces.

 

HerVillage Foundation is a non-for-profit that focuses on empowering young women of refugee background as the leaders of our tomorrow. At HerVillage, the vision is to create lifelong learning opportunities for girls who are recently arrived refugees in Australia. Their program, the Village Championship, focuses on raising funds and awareness as well as promoting settlement into Australian society for recently arrived refugee students through friendship-building and sport.

 

In partnership with Pymble Ladies’ College and Barker College, HerVillage Foundation is expanding the communities they work with to involve students from the Ukrainian community and the Rohingya community as well as the Afghan community.   An event is planned, which will be held at Pymble Ladies' College on Sunday June 2nd from 12.45-5pm. Day one is a leadership program/ice break event, day two is a football training day and day three is the big cultural festival that is open to general public. On this day there will be food stalls, inspirational speakers, live music and cultural activities, and it all centres around a football match played by the girls involved.

 

HerVillage Foundation and PLC are doing amazing work in this space, and I believe the community will benefit from learning more about this work.

 

I, therefore, move that Council:

 

A.   Support the event by acknowledging and allowing the use of its logo

B.   If practicable promote through its social media and or website

C.   Promote in its newsletter

 

Recommendation:

 

That the above Notice of Motion as printed be adopted.

 

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

 

Questions With Notice

 

QN.1       What is Council's Position on Environmental Issues at the North Turramurra Recreation Area ("NTRA") and if Leased will the Lessee be Legally Responsible?                                                                                                                    301

 

File: S13633

 

QN.2       Norman Griffiths Oval                                                                                                     302

 

File: S13191

 

QN.3       Stranded Heritage Items in Transport Oriented Development Precincts        304

 

File: S12198

 

InspectionS– SETTING OF TIME, DATE AND RENDEZVOUS

 

Confidential Business to be dealt with in Closed Meeting

 

C.1          Ku-ring-gai Hub Projects Status - Confidential Update

 

File: S12165-4-6

 

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

 

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

 

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

 

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

 

Section 10A(2)(d) of the Act permits the meeting to be closed to the public for business relating to commercial information of a confidential nature that would, if disclosed:

 

(i)      prejudice the commercial position of the person who supplied it, or

(ii)     confer a commercial advantage on a competitor of Council, or

(iii)    reveal a trade secret.

 

This matter is classified confidential under section 10A(2)(d)(i) because it deals with tenders.  Tender details, should they be revealed, may result in commercial disadvantage to parties involved in the tender process.  Some information provided to Council by tenderers is provided on the basis that Council will treat it as commercial in confidence.

 

It is not in the public interest to reveal details of these tenders or the assessment process.  Tenderers have provided sensitive information about their operations in the confidence that their details will not be made public by Council.  The practice of publication of sensitive information provided by tenderers could result in the withholding of such information by tenderers and reduction in the provision of information relevant to Council’s decision.

 

Section 10A(2)(d) of the Act permits the meeting to be closed to the public for business relating to commercial information of a confidential nature that would, if disclosed:

 

(i)            prejudice the commercial position of the person who supplied it, or

(ii)          confer a commercial advantage on a competitor of Council, or

(iii)        reveal a trade secret.

 

This matter is classified confidential under section 10A(2)(d)(ii) because it would confer a commercial advantage on a competitor of the Council.

 

Report by General Manager.

 

David Marshall

General Manager

 

 

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


Minute                                            Ku-ring-gai Council                                                Page

 

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 16 April 2024

 

Present:

The Mayor, Councillor S Ngai (Chairperson)

Councillors J Pettett & G Taylor (Comenarra Ward)

Councillors S Lennon & B Ward (Gordon Ward)

Councillor A Taylor (Roseville Ward)

Councillors C Kay & M Smith (St Ives Ward)

Councillors C Spencer & K Wheatley (Wahroonga Ward)

 

 

Staff Present:

Acting General Manager (David Marshall)

Director Community (Janice Bevan)

Acting Director Corporate (Angela Apostol)

Director Development & Regulation (Michael Miocic)

Acting Director Operations (Peter Lichaa)

Director Strategy & Environment (Andrew Watson)

Corporate Lawyer (Jamie Taylor)

Manager Corporate Communications (Virginia Leafe)

Manager Governance and Corporate Strategy (Christopher M Jones)

Governance Support Officer (Nicole Kratochvil)

 

 

Others Present:

Group Lead Major Projects (Geoffrey Douglas)

Manager People & Culture (Jennie Keato)

 

The Meeting commenced at 7:00PM

The Mayor offered the Acknowledgement of Country and Prayer

 

Apologies

File: S02194

Nil

 

DECLARATIONS OF INTEREST

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

No Interest was declared.

 

DOCUMENTS CIRCULATED TO COUNCILLORS

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

 

Late Items:

MM.1 Housing Policy Updates (April 2024)

Report by Mayor Ngai on 16 April 2024 with attachments.

 

60

CONFIRMATION OF REPORTS AND ATTACHMENTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/9

 

Resolved:

(Moved: Councillors Lennon/A. Taylor)

That in accordance with the provisions of Section 10 of the Local Government Act 1993, all officers’ reports be released to the press and public, with the exception of:

C.1    Lindfield Village Hub - Confidential Update

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

Attachment 1: LVH - FINAL Lindfield Hub Valuation Report

Attachment 2: LVH - Lindfield Library (Pacific Hwy) valuation letter of opinion

CARRIED UNANIMOUSLY

 

CONFIRMATION OF MINUTEs

61

Minutes of Ordinary Meeting of Council

File: EM00043/2

 

Meeting held 19 March 2024

Minutes numbered 36 to 56

 

Resolved:

(Moved: Councillors Wheatley/Smith)

That Minutes numbered 36 to 56 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

 

62

Minutes of Extraordinary Meeting

File: S02131

 

Meeting held 25 March 2024

Minutes numbered 57 to 59

 

Resolved:

(Moved: Councillors Wheatley/Smith)

That Minutes numbered 57 to 59 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

 

minutes from the Mayor

63

Housing Policy Updates (April 2024)

File: S14450

Vide: MM.1

 

This Mayoral Minute provides a history (for noting) on local activity regarding the State Labor Government’s proposed housing policies.

On 9th November 2023, the Mayor received a letter from the Minister for Planning and Public Spaces hinting that in response to the National Housing Accord, there would be substantial uplift in density across NSW involving the redefinition of the housing stock that Low- and Mid-Rise Residential zones could take.

At the next Ordinary Meeting of Council on 21st November 2023, Council resolved that the Mayor would write to the Planning Minister to outline Council’s concerns about the feasibility of what was proposed.

On 24th November 2023, the Mayor wrote a letter to the Planning Minister requesting a meeting to discuss Council’s concerns.

On 27th November 2023, the Minister’s office responded by saying that they are open to a meeting “to discuss broader housing targets”. That meeting was later confirmed to be 15th February 2024, and later postponed by the minister to 29th February 2024.

On Tuesday 28th November 2023, the State Government released a media statement announcing upcoming reforms to low and mid-rise housing (LMRH SEPP). The details of this reform (explanation of intended effect) were not made public until 18th December, at which point a ‘public feedback’ process was made available over the Christmas holidays and due 23rd February 2024.

Regarding a separate ‘Transport Oriented Development’ SEPP (TOD SEPP), this was first hinted when the NSW Government accidentally published its intention to rezone 31 train stations on 5th December 2023. The webpage was quickly pulled down but in the media, the parameters of 400m radius, 21m height, FSR 3:1 were rumoured for stations including Roseville, Lindfield, Killara and Gordon. Details were released in late December (see attachment 1). There was no community consultation process for the TOD SEPP.

Regarding details of the TOD SEPP, representatives from the Department of Planning met with council staff on 16th January 2024, then followed up by a 30-minute meeting with councillors on 24th January 2024.  In these meetings there was no genuine exchange of ideas, it was merely a top-down presentation of what the State Government was going to impose on Councils across NSW. Council staff and councillors expressed their concerns, but there was no sense that concerns around the details were genuinely being heard.

On 29th February 2024, over three months after requesting the original meeting, the Minister for Planning finally met with the Mayor and staff. Here, the Mayor’s expectation was that it was “to discuss broader housing targets”. However, at this meeting:

·    The Minister was clear that he was not interested in discussing the housing targets for the LMRH SEPP, and that he was only there to talk about the TOD SEPP.

·    The Minister said that if Councils were to establish a new Local Environment Plan (LEP) that met or exceeded housing targets, then the requirements of the SEPP would be set aside.

·    The Mayor and council staff said that if a new LEP was to be established, the preference would be to review the entire LGA in one go. It would not be efficient to start a process for the TOD SEPP area, followed by the LMRH SEPP area a few months later. To revise the LEP for the entire LGA, housing targets for the entire LGA would be required (as was the original scope of the meeting).

·    The Minister said that housing targets will not be provided for the LMRH SEPP area, and that housing targets for the TOD SEPP would be provided later in the week.

·    The Minister offered the prospect of a 6-month deferred commencement for local planning at some of the TOD SEPP sites. However, he required at least one to commence April 2024 as announced.

·    The Mayor and council staff said that 6 months was not a realistic timeframe for planning in line with Department guidelines and public expectation. The Mayor said that 12-18 months would be more realistic.

·    The Department staff promised to provide Council staff with a copy of the draft TOD SEPP prior to its gazettal.

·    The Minister and Mayor thanked each other for the productive conversation, and the Minister said that they would meet again the following week.

On 1st March 2024, the Department contacted Council to inform that each of the four TOD SEPP locations was expected to take on 4,500-5,000 new dwellings within a 400m radius.

On the following week, and after robust discussions with Councillors at a workshop, the Mayor was looking forward to a constructive second meeting with the Minister as promised, where he hoped to further explore a 12-18 month deferred commencement. But closer to the meeting date of 8th March 2024, he was told that he would be excluded from the meeting. Only Department staff and Council staff met on 8th March 2024.

On the evening of 11th April 2024, Minister Scully issued a letter to Council addressing the Department’s position on Heritage Conservation, Traffic and Local Roads, and Tree Canopy (see attachment 2).

The Department issued a statement the following day claiming that 12 out of 13 councils had collaborated on the TOD SEPP but implied that Ku-ring-gai had not (see attachments 3 and 4). Other councils had been offered deferred commencements ranging 3-15 months, which for Labor-led councils happens to defer the issue to the other side of the Local Government Elections.

From the Mayor’s perspective, the message about Ku-ring-gai not being willing to collaborate does not feel genuine. The first meeting took over three months for the Minister to commit to, and the second meeting was cancelled.

On 12th April 2024, the Mayor issued a response to the Minister addressing weaknesses in the Department’s position regarding Heritage Conservation, Traffic and Local Roads, and Tree Canopy (see attachment 5). He also said that despite the rhetoric of non-co-operation, he was still waiting for the promised second meeting with the Minister. From the Mayor’s perspective, the Minister had cancelled the meeting as he had not been interested in co-operating on reasonable terms.

As of today, Council awaits to receive a draft of the TOD SEPP as promised prior to the gazettal. Having said that, it is also clear that the Department’s current position is to impose the TOD SEPP on Gordon, Killara, Lindfield and Roseville later this month, with an additional 18,000 to 20,000 dwellings to be added in the next 15 years. The impact of this on our heritage conservation areas, urban canopy and local congestion will be profound, and while it will be accompanied by over $200 million of Housing Contributions to the State, not a single cent has been committed to improving local open space, active transport, roads, education, health or any other infrastructure.

Meanwhile, targets from the LMRH SEPP have yet to be revealed although the 42-page Explanation of Intended Effect (see attachment 6) provides sufficient detail to conservatively anticipate the doubling of Ku-ring-gai’s population as a combination of both SEPPs. Once again, the impacts are profound and while hundreds of millions of Housing Contributions will go to the State, not a single cent has been promised for improving local infrastructure.

 

Resolved:

(Moved: The Mayor, Councillor Ngai)

That Council notes and receives this Mayoral Minute.

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

Against the Resolution:          Councillor Spencer

CARRIED

 

PETITIONS

64

Objection to building a Childcare Centre on the site of 5 Holmes Street Turramurra

File: EDA0109/24-2

Vide: PT.1

 

Councillor G.Taylor tabled the following petition:

 

 

 

 

 

 

 

 

 

 

 

(167 signatures)

 

Resolved:

(Moved: Councillors G. Taylor/Pettett)

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

CARRIED UNANIMOUSLY

 

65

Petition for Childcare Centre at 5 Holmes Street Turramurra

File: EDA0109/24-2

Vide: PT.2

 

Councillor Pettett tabled a petition from local residents (also tabled by Councillor G.Taylor under item PT.1).

 

Resolved:

(Moved: Councillors Pettett/G. Taylor)

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

CARRIED UNANIMOUSLY

 

GENERAL BUSINESS

66

Flood Risk Management Committee Meeting Minutes February 2024

File: S10746

Vide: GB.1

 

For Council to consider and note the minutes of the Flood Risk Management Committee meeting held on 13 February 2024.

 

Resolved:

(Moved: Councillors A. Taylor/Lennon)

That Council receives and notes the Minutes of the Flood Risk Management Committee meeting held on 13 February 2024 (Attachment A1).

CARRIED UNANIMOUSLY

 

67

Status of Women's Advisory Committee - draft updated submission form

File: S13683

Vide: GB.2

 

To provide Council with a draft updated submission form for the Status of Women’s Advisory Committee.

 

Resolved:

(Moved: Councillors A. Taylor/Lennon)

That Council consider and endorse the draft updated submission form for the Status of Women’s Advisory Committee.

CARRIED UNANIMOUSLY

 

68

Investment Report as at 27 March 2024

File: FY00623/6

Vide: GB.3

 

To present Council’s investment portfolio performance for March 2024.

 

Resolved:

(Moved: Councillors A. Taylor/Lennon)

That:

A.  The summary of investments and performance for March 2024 be received and noted.

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

CARRIED UNANIMOUSLY

 

69

2024 National General Assembly of Local Government - Proposed Motions

File: FY00581/9

Vide: GB.4

 

To submit two motions for debate at the Australian Local Government Association (ALGA) National General Assembly 2024.

 

Resolved:

(Moved: Councillors A. Taylor/Lennon)

That Council submit the following motions to the Australian Local Government Association National General Assembly 2024:

A.   Building community trust in the delivery of housing (Attachment A1)

B.   Voluntary withholding tax on councillor allowances (Attachment A2)

CARRIED UNANIMOUSLY

 

70

Council’s Submission to the Parliamentary Inquiry into the ability of local governments to fund infrastructure and services

File: FY00260/18

Vide: GB.5

 

To advise Council of the Terms of Reference into the ability of local governments to fund infrastructure and services released by the NSW Parliament’s Standing Committee and to seek Council’s endorsement of a draft submission to the inquiry.

 

Resolved:

(Moved: Councillors A. Taylor/Lennon)

That Council:

A.   Prepare a submission to the Parliamentary Inquiry into the ability of local governments to fund infrastructure and services.

B.   Authorise the General Manager to prepare the submission consistent with the positions put forward in this report 

C.   Note that the draft submission will be circulated to Councillors prior to submission to the Inquiry.   

CARRIED UNANIMOUSLY

 

71

OLG Guidelines: Risk Management and Internal Audit for Local Government in NSW - Status Update

File: S08410-35

Vide: GB.6

 

The purpose of this report is to provide an overview of Council’s progress towards achieving compliance against the Guidelines for Risk Management and Internal Audit for Local Government in NSW.

 

Resolved:

(Moved: Councillors A. Taylor/Lennon)

It is recommended that:

A.      The report be received noting that changes required under the Guidelines are currently being actioned to ensure full compliance by 1 July 2024.

B.     Council determine to include a Councillor (excluding the Mayor) and alternate(s) who meet the eligibility criteria specified under the Guidelines as a non-voting member on the ARIC from 1 July 2024. 

C.      The draft ARIC Terms of Reference as attached to this report (A4) replaces the current ARIC Charter effective from 1 July 2024 and be adopted subject to required updates relating to Councillor membership as referred to in recommendation (2) above.

D.     Council notes the revised ARIC Annual Agenda (retitled ‘ARIC Workplan’) as attached to this report (A5) which will become effective from 1 July 2024.

CARRIED UNANIMOUSLY

 

72

Resourcing Strategy 2024-2034, Delivery Program 2022-2026 and Operational Plan 2024-2025

File: FY00382/16

Vide: GB.7

 

To obtain Council’s endorsement to place the revised Resourcing Strategy 2024-2034, revised Delivery Program 2022-2026 and draft Operational Plan 2024-2025 (incorporating the budget, capital works and fees and charges for 2024-2025) on public exhibition.

 

Resolved:

(Moved: Councillors A. Taylor/Lennon)

That Council:

A.   endorse the revised Resourcing Strategy 2024-2034, revised Delivery Program 2022-2026 and draft Operational Plan 2024-2025 (including Fees and Charges 2024-2025) for public exhibition for 28 days

B.   note that a report will be provided to Council in June 2024 for further consideration of any submissions and adoption of the plans.

CARRIED UNANIMOUSLY

 

73

Preparation of a Ku-ring-gai Reconciliation Action Plan

File: S13797

Vide: GB.8

 

To seek Council’s endorsement to develop a draft Ku-ring-gai Reconciliation Action Plan.

 

Resolved:

(Moved: Councillors A. Taylor/Lennon)

A.   That Council endorse the preparation of a draft Ku-ring-gai Council Reconciliation Action Plan.

B.   That the final draft Ku-ring-gai Reconciliation Action Plan be reported to Council prior to submission to Reconciliation Australia for finalisation.

CARRIED UNANIMOUSLY

 

74

Getting the balance right on companion animal regulation

File: CY00445/12

Vide: NM.2

 

Notice of Motion from Councillor Kay dated 29 February 2024

While cats are valued companion animals for many people within Ku-ring-gai, they are also one of the world’s most successful predators. The impact of roaming cats on native fauna and cat welfare in Australia has been well documented.

Pet cats that are allowed to freely roam outside kill an estimated 527 million animals annually, the majority native. This equates to an average of 186 animals killed each year per free-roaming cat.1

Native species in Ku-ring-gai are impacted by cats just as they are across Australia. In fact, with Ku-ring-gai’s extensive bushland urban interface and numerous native species including threatened species, Ku-ring-gai has a particularly significant responsibility to protect our native species and prevent cats impacting our ecosystems and biodiversity.  With an increase in high density housing, such as that proposed under the NSW planning reform, the Ku-ring-gai Area will likely see an increase in cat ownership along with the associated impacts on native animals, particularly birds. For this reason, it is now more urgent than ever to get the balance right on companion animal regulation.

All cat owners have a responsibility to their cat, their community and the environment.

Preventing pet cats from freely roaming not only helps reduce the impact on local biodiversity from hunting, but helps protect pets from contracting diseases, reduces their risk of becoming injured or killed through fighting and accidents, prevents accidental breeding, increases the opportunity for owner-animal interaction, minimises transmission of diseases like the zoonoses toxoplasmosis and reduces disturbance caused to neighbours by roaming pets2.

However, NSW local councils have limited powers to control roaming cats. 

The NSW Companion Animals Act 1998 sets out the duties and responsibilities of pet owners. These are enforced at a local government level. However, the Act currently provides limited controls for the management of free-roaming pet cats by local government.

NSW local governments can prohibit the presence of cats in very specific circumstances, namely, prohibition from food and consumption areas and areas declared wildlife protection areas.

The Act does not allow local governments to regulate roaming cats generally. 

Ku-ring-gai Council must support calls on the NSW State Government to introduce to Parliament amendments to the Companion Animals Act (1998) to enact Cat Containment regulations across New South Wales to better respond to the local risk levels, nuisance and noise issues, cat welfare and impacts on native fauna. Additionally, council should be an active voice, supporting other land managers across Australia in improving cat management and improving conservation outcomes. 

I, therefore, move:

That Ku-ring-gai Council take an active stance, among other initiatives, to:

A.   Amend the Companion Animals Act 1998 and associated Companion Animals Regulation 2018 to enable local governments to enforce the containment of pet cats in NSW. The introduction of these containment laws to include phase-in periods and community support and monitoring frameworks.

B.   Streamline pet identification and registration processes into one process managed by Service NSW and accessible through self service functions within the Service NSW app.

C.   Transition to mandatory desexing laws that align with existing state approaches in Western Australia, Tasmania, Australian Capital Territory, South Australia and Victoria.

D.   Establish a $10 million, three-year state-wide grant program to support councils to implement domestic cat containment policies and associated responsible cat ownership programs. The program to include: identification and registration measures, large scale desexing and microchipping programs and effective education programs to support people to keep their cats contained.

E.   Implement a state-wide 'Safe cat, safe wildlife' campaign that includes the development of a central, state-wide online platform, in consultation with councils, relevant agencies and animal welfare bodies to make responsible pet ownership information easily accessible.

1RSPCA NSW, https://www.rspcansw.org.au/keeping-cats-safe/cat-lovers-2

2Legge, S, Woinarski, JCZ, Dickman, CR, Murphy BP, Woolley, LA & Calver, MC 2020, ‘We need to worry about Bella and Charlie: the impacts of pet cats on Australian wildlife’, Wildlife Research, vol. 47, pp. 523-539.

 

Resolved:

(Moved: Councillors Kay/Pettett)

That the above Notice of Motion as printed be adopted.

CARRIED UNANIMOUSLY

 

75

Preserving Open Space at Former Roseville Chase Bowling Club Site for Future Generations

File: S11890

Vide: NM.6

 

Notice of Motion from Councillors Ngai and A. Taylor dated 27 March 2024

In the December OMC Council resolved:

“That Council receive and note the report on the draft land use option prepared for the former Roseville Chase Bowling Club site at 47 Warrane Road, Roseville Chase until there is more clarity in relation to the State Government.” 

Since then it has become clear that the State Government intends to follow through with their new housing policies, and Council has also endorsed Ku-ring-gai’s Open Space Recreational Needs Study. 

Ku-ring-gai will continue to fight the one-size-fits-all housing policies with all available resources, but the enormous pressure on housing will remain across the country regardless, and particularly in East Roseville as it is 'well-located'.

The Department of Planning’s Explanation of Intended Effect for the Low and Mid-Rise Housing SEPP, along with commentary from the Premier and the Minister of Planning, has made it clear that the SEPP will permit an extensive uplift of density across all of Ku-ring-gai except for North Turramurra and East Killara. 

Correspondence from the Department and Council’s own analysis also indicates that Roseville Chase has been flagged as one of many centres for concentrated uplift, regardless of whether it is under the SEPP or under a revised LEP. This is largely because it is ‘well located’ – it has a neighbourhood centre and main road access within 30 minutes of the city by public transport. 

On 19 March 2024, Council unanimously adopted Ku-ring-gai’s Open Space and Recreation Needs Study and committed to undertaking detailed studies for outdoor recreation spaces. The Study’s conclusions included that:

-    Land is limited, constrained and expensive.

-    Ku-ring-gai’s population is growing and more diverse.

-    People need more spaces for informal recreation.

In particular, the study found that:

-    The Southern Catchment of Ku-ring-gai was the most deficient in parks (0.3 hectares per 1,000 people) as compared to the Northern Catchment (0.5 hectares) and Eastern Catchment (1.5 hectares) (p. 5).

-    An additional 48 hectares of parks are required by 2021, and a further 17 hectares by 2041 (p. 115). 

It should also be noted that the study was prepared prior to the announcement of the State Government’s housing policies, when assumptions for population growth were much lower than current expectations. Any gaps and needs identified in the report will therefore be exacerbated by the increased growth. 

A responsible Council of today must therefore consider this new information regarding the deficit of open space in lower Ku-ring-gai, existing and increasing pressure on housing in Ku-ring-gai and particularly ‘well-located’ East Roseville, and provide for the recreation needs of current and future residents. We therefore propose that the Council land at 47 Warrane Road, Roseville Chase be retained for existing and future public recreation needs. 

We move: 

That Council retains ownership of the whole of 47 Warrane Road Roseville Chase (Lot 33 DP 3285, Lot 34 DP3285, Lot 3 DP 26343, and Lot B DP403780), and the land be reclassified from ‘operational land’ back to ‘community land’ in accordance with Section 33 of the Local Government Act 1993.

 

Resolved:

(Moved: Councillors A. Taylor/Lennon)

That the above Notice of Motion as printed be adopted.

CARRIED UNANIMOUSLY

 

Motions of which due Notice has been given

Councillor Smith departed from and returned to the Meeting during discussion on the following item.

76

Affordable Housing Policy

File: S12139

Vide: NM.1

 

Notice of Motion from Councillor Kay dated 29 February 2024

Ku-ring-gai Local Government Area is one of the least affordable residential areas in the Greater Sydney Metropolitan Region

The affordability of suitable housing is a critical issue for social sustainability, well-being and resilience of the local Ku-ring-gai community. Affordable housing provides an opportunity to reduce gaps in, and the displacement of, certain population groups in affluent areas. Affordable housing creates self-sufficiency on a local level by enabling local areas to have a mixed and growing population across age groups, genders, household types, and employment profiles. It is important to be able to age-in-place in suitable housing, to retain connections to our area if our life circumstances change, and to be able to sustain access to a variety of services without employees enduring unsustainable commuting times.

Ku-ring-gai’s Local Strategic Planning Statement (LSPS) (adopted in March 2020) identifies that providing affordable housing is important to retain and strengthen the local residential and business community by enabling local residents and workers to live within the area close to family, established networks and places of employment. The LSPS includes a short-term action to undertake a Housing Affordability Study to determine the profile of local residents and essential workers in need of affordable housing, and the appropriate mechanisms for viable provision. It also includes an action to investigate the development of an Affordable Housing Contributions Plan under Division 7.2 of the Environmental Planning and Assessment Act 1979 (EP&A Act) in the medium term.

The Ku-ring-gai Housing Strategy to 2036 (adopted December 2020) identifies the need to further investigate issues around housing affordability. It includes the action to prepare a Housing Affordability Study to determine the needs of residents and essential workers and mechanism to determine appropriate locations for viable provision.

The Local Housing Strategy endorsement letter from the Department of Planning and Environment dated 16 July 2021 requires Council to prepare an Affordable Housing Contribution Scheme that commits Council to examining the feasibility of levying affordable housing contributions for any new proposals that would result in development uplift or an increase in land value. It also asked for Council to develop a transparent and robust framework to consider opportunities including social and affordable housing contributions for ‘out of sequence’ development such as planning proposals.

On 14 December 2023 the NSW Government implemented affordable housing reforms to encourage private developers to boost affordable housing and deliver more housing. The reforms include a floor space ratio bonus of 20–30% and a height bonus of 20–30% for projects that include at least 10-15% of gross floor area as affordable housing. The height bonus only applies to residential flat buildings and shop-top housing.

In addition, the recently released Transport Oriented Development Program by the State Government requires 2% affordable housing contribution for developments in the Part 2 station precincts. This includes Roseville, Lindfield, Killara and Gordon in Ku-ring-ga. This could be an in-kind or monetary contribution. 

At the Ordinary Meeting of Council on 20 February 2024 Council considered a report on draft submissions on the Transport Oriented Development Program and the Explanation of Intended Effects: Changes to Create low and mid-rise housing and resolved, in part:

E. That Council communicate to the NSW Government its willingness to provide for additional housing through a consultative planning process that delivers high quality urban outcomes and respects the built and natural environment.

Any future Council led up zonings or increases in housing densities present an opportunity to capture the provision of affordable housing to the benefit of the broader Ku-ring-gai community.

Many councils in the Sydney region already have affordable housing strategies and policies in place that proactively deliver affordable housing. This includes councils in more affluent area such as Willoughby, Waverly and the City of Sydney.

Ku-ring-gai Council needs to be in a position whereby it can accept affordable housing delivered as part of future increases in density, whether it be physical housing or via monetary contributions. Therefore, Council needs to put in place the appropriate policies and enabling mechanisms to ensure the delivery of affordable housing as well as the management strategies to ensure that any affordable housing that is provided meets the changing housing needs of our local residents and essential workers.

I, therefore, move that:

A.   Council undertake a Housing Affordability Study to investigate the options for policies and enabling mechanisms to ensure the delivery and management of affordable housing in Ku-ring-gai. The study should include the following matters:

                    i.            An Affordable Housing Needs Analysis to determine the nature and extent of housing affordability issues in Ku-ring-gai.

                   ii.            A review of current and upcoming affordable housing policy settings being pursued by the Federal and State Governments.

                 iii.            An analysis of options for the relevant models for delivery of affordable housing provision in the local council context, including case studies of other local councils.

                 iv.            Recommendations to set out the steps and processes that Council needs to undertake to implement an Affordable Housing Strategy and Contributions Scheme

                   v.            A Draft Affordable Housing Policy to be prepared based on recommendations from Options Paper.

B.   Council allocate $150K budget to undertake this work.

 

Resolved:

(Moved: Councillors Kay/G. Taylor)

A.      Council undertake a Housing Affordability Study to investigate the options for policies and enabling mechanisms to ensure the delivery and management of affordable housing in Ku-ring-gai. The study should include the following matters:

                    i.            An Affordable Housing Needs Analysis to determine the nature and extent of housing affordability issues in Ku-ring-gai.

                   ii.            A review of current and upcoming affordable housing policy settings being pursued by the Federal and State Governments.

                 iii.            An analysis of options for the relevant models for delivery of affordable housing provision in the local council context, including case studies of other local councils.

                 iv.            Recommendations to set out the steps and processes that Council needs to undertake to implement an Affordable Housing Strategy and Contributions Scheme.

                   v.            A Draft Affordable Housing Policy to be prepared based on recommendations from Options Paper.

B.      Council recognises the need to have an Affordable Housing Policy in place to support emerging State Government policy obligations and allocate $150K budget to undertake this work.

CARRIED UNANIMOUSLY

 

77

Pennant Avenue Gordon - Former Gordon Bowling Club Site

File: S11955

Vide: NM.3

 

Notice of Motion from Councillors Ward and G. Taylor dated 27 March 2024

At its meeting of December 12, 2023, Council considered a report on draft land use options for the former Gordon Bowling Club site at 4 Pennant Avenue, Gordon. At the time Council took a cautious approach given the policy uncertainty surrounding the TOD Program and the proposed Low and Mid-rise Housing SEPP. On consideration of the report Council resolved:

 That Council receive and note the report on the draft land use options prepared for the former Gordon Bowling Club site at 4 Pennant Avenue, Gordon until there is more clarity in relation to the State Government’s recently announced Draft Housing SEPPs.

While there is still considerable uncertainty around the TOD Program and the proposed Low and Mid-rise Housing SEPP, it is unlikely that Council could ever justify disposal for redevelopment of all or part of this site given the number of dwellings and likely future residents that the State Government’s housing policy changes are likely to bring to Ku-ring-gai. What is being denied to the community in the short term, however, is access to the site for active and passive recreational opportunities on an interim basis. This is both unnecessary and unwarranted.

I, therefore, move that Council:

A.   Continue with the remediation work necessary to remove or reduce the fence and reopen the walkway between the site and Bushlands Avenue, Gordon, in line with the approved Remedial Action Plan.

B.   Carries out the necessary maintenance of this site to enable recreational use in line with the site contamination analysis, pending identification of longer term uses for the community.

 

MOTION:

(Moved: Councillors Ward/Lennon)

That Council:

A.      Continue with the remediation work necessary to remove or reduce the fence and reopen the walkway between the site and Bushlands Avenue, Gordon, in line with the approved Remedial Action Plan.

B.     Carries out the necessary maintenance of this site to enable recreational use in line with the site contamination analysis, pending identification of longer term uses for the community.

C.      Notes that the State Government’s changes to housing policy in the form of the TOD Program and the Low and Mid-rise Housing SEPP will increase population and consequently so will the demand for public open space in and around Gordon and Killara. This increased demand is consistent with Council’s recently adopted Recreational Needs Study and the report on the Public Hearing into the Planning Proposal regarding the former Gordon Bowling Club site dated April 2022.

D.     Include a new action in the 2024/2025 Operational Plan to prepare a masterplan for the site at 4 Pennant Avenue, Gordon.

E.      Investigate interest in the local community to establish a resident committee to operate and manage a community garden.

AMENDMENT:

(Moved: Councillors Lennon/Ward)

A.      Notes the report dated April 2022 on the Public Hearing Planning Proposal regarding the former Gordon Bowling Club site, being part of 4 Pennant Avenue, Gordon, confirming the need for recreational space on the west side of the Pacific Highway at Gordon.

B.     Notes the most recent Recreational Needs Study for Ku-ring-gai, further confirming the need for recreational space on the west side of the Pacific Highway at Gordon.

C.      Notes the state government’s housing proposals will add to the population pressures forced upon Gordon, Killara, and other suburbs.

D.     Retains the former bowling club at 4 Pennant Avenue Gordon as public open space and that an action be included in the 2024/2025 Operational Plan to prepare a masterplan for the site.

E.      Urgently carries out the remediation work necessary to remove or reduce the fence and reopen the walkway between the site and Bushlands Avenue, Gordon.

F.      Carries out the necessary maintenance of this site to enable recreational use, pending identification of longer term uses for the site.

G.      Facilitate a community garden if sufficient interest is received from residents.

H.     Staff report back to Council with a condition assessment and the cost to restore the old clubhouse building at Pennant Park (4 Pennant Avenue, Gordon) for public access.

The Amendment was put and declared CARRIED UNANIMOUSLY.

The Amendment became the Motion. The Motion was put and declared CARRIED UNANIMOUSLY.

 

Resolved:

(Moved: Councillors Lennon/Ward)

A.      Notes the report dated April 2022 on the Public Hearing Planning Proposal regarding the former Gordon Bowling Club site, being part of 4 Pennant Avenue, Gordon, confirming the need for recreational space on the west side of the Pacific Highway at Gordon.

B.     Notes the most recent Recreational Needs Study for Ku-ring-gai, further confirming the need for recreational space on the west side of the Pacific Highway at Gordon.

C.      Notes the state government’s housing proposals will add to the population pressures forced upon Gordon, Killara, and other suburbs.

D.     Retains the former bowling club at 4 Pennant Avenue Gordon as public open space and that an action be included in the 2024/2025 Operational Plan to prepare a masterplan for the site.

E.      Urgently carries out the remediation work necessary to remove or reduce the fence and reopen the walkway between the site and Bushlands Avenue, Gordon.

F.      Carries out the necessary maintenance of this site to enable recreational use, pending identification of longer term uses for the site.

G.      Facilitate a community garden if sufficient interest is received from residents.

H.     Staff report back to Council with a condition assessment and the cost to restore the old clubhouse building at Pennant Park (4 Pennant Avenue, Gordon) for public access.

CARRIED UNANIMOUSLY

Item NM.4 Former Gordon Bowling Club (4 Pennant Avenue, Gordon) – Notice of Motion from Councillor Lennon was withdrawn as the matter had been resolved under NM.3.

Councillor Spencer and Wheatley separately departed from and returned to the meeting during discussion on the following item.

Following a motion moved by the Mayor, the meeting was adjourned during debate on the following item due to a medical incident. The meeting was adjourned at 8:51PM and resumed at 9:03PM. 

78

Low and Mid-Rise SEPP Community Forums

File: S14427

Vide: NM.5

 

Notice of Motion from Councillor Kay dated 27 March 2024

Since the announcement by the State Government of the TOD Program and the Low and Mid-rise SEPP in mid-December 2023, Council has conducted an intensive program of information dissemination and community engagement in relation to these housing policy changes.

While Council’s public engagement so far has dealt with both the policies together, because of the urgency attached to the TOD Program, there has naturally been greater focus and community engagement on the TOD.

The impacts of the Low and Mid-rise SEPP are arguably greater than the impacts of the TOD program, particularly in relation to biodiversity, tree canopy loss, traffic congestion and strain on existing infrastructure such as stormwater.

There appears to be a significant gap in the appreciation of many residents of the full potential impacts of the Low and Mid-rise SEPP. To assist residents in understanding the potential implications of the SEPP, it is appropriate to continue and expand Council’s community engagement and information dissemination in areas of Ku-ring-gai outside the TOD stations.

I, therefore, move that Council conduct community forums in each of the Wards dealing specifically with the Low and Mid-rise SEPP.

 

MOTION:

(Moved: Councillors Kay/G.Taylor)

That council conduct community forums in each of the Wards dealing specifically with the Low and Mid-rise SEPP.

AMENDMENT:

(Moved: Councillors Smith/Pettett)

That a report be brought back to Council on the Low to Mid-rise SEPP after the Department of Planning, Housing and Infrastructure provides more information to Council in May 2024.

The Amendment was put and declared CARRIED.

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

Against the Amendment:       Councillors Kay and G.Taylor

The Amendment became the Motion.

AMENDMENT:

(Moved: Councillors Kay/G.Taylor)

A.      That a report be brought back to Council on the Low to Mid-rise SEPP after the Department of Planning, Housing and Infrastructure provides more information to Council in May 2024.

B.     That following the report that Council conduct community forums in each of the Wards dealing specifically with the Low and Mid-rise SEPP.

The Amendment was put and declared CARRIED UNANIMOUSLY.

The Amendment became the Motion and was put and CARRIED UNANIMOUSLY.

 

Resolved:

(Moved: Councillors Kay/G. Taylor)

A.      That a report be brought back to Council on the Low to Mid-rise SEPP after the Department of Planning, Housing and Infrastructure provides more information to Council in May 2024.

B.     That following the report that Council conduct community forums in each of the Wards dealing specifically with the Low and Mid-rise SEPP.

CARRIED UNANIMOUSLY

 

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

Council resolved to consider business without notice after a motion moved by Councillor Smith and Councillor Pettett was CARRIED UNANIMOUSLY, and ruled by the Mayor to be of urgency and requiring a decision before the next scheduled ordinary meeting of the council

Council resolved itself into Closed Meeting between 9:17PM and 9:57PM with the Press and Public Excluded to deal with the following item after a Motion moved by Councillors Smith and Ward was CARRIED UNANIMOUSLY.

Councillor Kay, Pettett and G.Taylor separately departed from and returned to the Meeting during discussion on the following item.

Council resolved itself into Open Meeting from 9:57PM.

79

Delegation of authority for the Mayor to publish an open letter

 

MOTION:

(Moved: Councillors Smith/Pettett)

That the Mayor be delegated the authority to publish an open letter in paid and unpaid national, metropolitan and local news publications to address Council’s concerns about the impacts of both SEPPs.

 

Resolved:

(Moved: Councillors Smith/Pettett)

That the Mayor be delegated the authority to publish an open letter in paid and unpaid national, metropolitan and local news publications to address Council’s concerns about the impacts of both SEPPs.

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

Against the Resolution:          Councillor G. Taylor

CARRIED

QUESTIONS WITH NOTICE

NIL

Inspections– SETTING OF TIME, DATE AND RENDEZVOUS

NIL

Council resolved itself into Closed Meeting between 10:00PM and 11:10PM with the   Press and Public Excluded to deal with the following item after a Motion moved by Councillors Kay and Spencer was CARRIED UNANIMOUSLY

Councillor Smith and Wheatley separately departed from and returned to the Meeting during discussion on the following item.

Council resolved itself into Open Meeting from 11:10PM.

 

 

Lindfield Village Hub - Confidential Update

File: S12165-4-6

Vide: C.1

 

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

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

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

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

Section 10A(2)(d) of the Act permits the meeting to be closed to the public for business relating to commercial information of a confidential nature that would, if disclosed:

(i)      prejudice the commercial position of the person who supplied it, or

(ii)     confer a commercial advantage on a competitor of Council, or

(iii)    reveal a trade secret.

This matter is classified confidential under section 10A(2)(d)(i) because it deals with tenders.  Tender details, should they be revealed, may result in commercial disadvantage to parties involved in the tender process.  Some information provided to Council by tenderers is provided on the basis that Council will treat it as commercial in confidence.

It is not in the public interest to reveal details of these tenders or the assessment process.  Tenderers have provided sensitive information about their operations in the confidence that their details will not be made public by Council.  The practice of publication of sensitive information provided by tenderers could result in the withholding of such information by tenderers and reduction in the provision of information relevant to Council’s decision.

Section 10A(2)(d) of the Act permits the meeting to be closed to the public for business relating to commercial information of a confidential nature that would, if disclosed:

(iv)         prejudice the commercial position of the person who supplied it, or

(v)           confer a commercial advantage on a competitor of Council, or

(vi)         reveal a trade secret.

This matter is classified confidential under section 10A(2)(d)(ii) because it would confer a commercial advantage on a competitor of the Council.

Section 10A(2)(g) of the Act permits the meeting to be closed to the public for business relating to advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

This matter is classified confidential under section 10A(2)(g) because it contains advice concerning a legal matter that:

(a)        is a substantial issue relating to a matter in which the Council is involved

(b)        is clearly identified in the advice, and

(c)        is fully discussed in that advice.

It is not in the public interest to release details of the legal advice as it would prejudice Council’s position in court proceedings.

Report by Acting General Manager dated 28 February 2024

 

MOTION:

(Moved: Councillors Spencer/Pettett)

That the current procurement process for the LVH project be terminated.

AMENDMENT:

(Moved: Councillors A.Taylor/G.Taylor)

That the current exclusive negotiations with the LVH ‘preferred proponent’ be concluded and that Council commence negotiations with other providers, as outlined in this report.

The Amendment was put and declared LOST.

For the Amendment:              The Mayor, Councillor Ngai, Councillors Kay, A.Taylor and G.Taylor

Against the Amendment:       Councillors Lennon, Pettett, Smith, Spencer, Ward and Wheatley

MOTION:

(Moved: Councillors Spencer/Pettett)

That the current procurement process for the LVH project be terminated.

For the Resolution:                Councillors Lennon, Pettett, Smith, Spencer and Wheatley

Against the Resolution:          The Mayor, Councillor Ngai, Councillors Kay, A.Taylor, G.Taylor and Ward 

The voting being EQUAL, the Mayor declined to exercise his casting vote and the motion was LOST.

The Meeting closed at 11:11PM


 

The Minutes of the Ordinary Meeting of Council held on 16 April 2024 (Pages 1 - 25) were confirmed as a full and accurate record of proceedings on 21 May 2024.

 

 

 

 

 

          __________________________                                 __________________________

                   General Manager                                                         Mayor / Chairperson

 


Minute                                            Ku-ring-gai Council                                                Page

 

MINUTES OF Extraordinary Meeting
HELD ON Wednesday, 1 May 2024

 

Extraordinary Meeting of Council pursuant to Section 366 of the Local Government Act 1993 to further consider the finalising of the recruitment and appointment of the General Manager.

 

 

Present:

The Mayor, Councillor S Ngai (Chairperson)

Councillors J Pettett & G Taylor (Comenarra Ward)

Councillors S Lennon & B Ward (Gordon Ward)

Councillor A Taylor (Roseville Ward)

Councillors C Kay & M Smith (St Ives Ward)

Councillors C Spencer & K Wheatley (Wahroonga Ward)

 

 

Staff Present:

Corporate Lawyer (Jamie Taylor)

Manager Governance and Corporate Strategy (Christopher M Jones)

Manager People and Culture (Jennie Keato)

 

 

Others Present:

LGNSW Management Solutions (Christian Morris and Claudia Nossa Cortes)

 

 

The Meeting commenced at 6:00 PM

 

The Mayor offered the Prayer

 

 

 

Apologies

 

File: S02194

 

 

Nil.

 

DECLARATIONS OF INTEREST

 

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

 

No Interest was declared.

 

80

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

 

File: S02499/9

 

 

Resolved:

 

(Moved: Councillors Lennon/Pettett)

 

 

That in accordance with the provisions of Section 10 of the Local Government Act 1993, all officers’ reports be released to the press and public, with the exception of:

 

C.1    Recruitment and appointment of the General Manager

 

In accordance with 10A(2)(a)

 

CARRIED UNANIMOUSLY

 

Council resolved itself into Closed Meeting
with the Press and Public Excluded to deal with the following item
after a Motion moved by Councillors
Lennon and Pettett was CARRIED UNANIMOUSLY

 

81

Recruitment and appointment of the General Manager

 

File: S14099

Vide: C.1

 

 

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

 

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

 

 

Resolved:

 

(Moved: The Mayor, Councillor Ngai/G. Taylor)

 

 

That:

A.      Council resolves to appoint the preferred candidate (as written on the note provided to the recruiter, signed by the Mayor and witnessed by councillors) to the position of General Manager subject to the negotiation of a contract.

B.     If those negotiations prove unsuccessful the Council resolves to appoint the runner up subject to the negotiation of a contract.

C.      Council authorises the Mayor and LGNSW Management Solutions to undertake contract negotiations with the preferred candidate or the runner up (if required), with the Mayor being the final authority on decisions made during this process.

D.     Council resolves to affix the Council seal to the contract in accordance with the Local Government Act 1993.

E.      In accordance with section 11(3) of the Local Government Act that Council resolves that documentation provided to Councillors regarding the candidates is to be treated as confidential.

 

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

 

Against the Resolution:          Councillor Pettett

CARRIED

 

 

The Meeting closed at 9:39pm

 

The Minutes of the Extraordinary Meeting held on 1 May 2024 (Pages 1 - 51) were confirmed as a full and accurate record of proceedings on 21 May 2024.

 

 

 

 

 

__________________________

Mayor / Chairperson

 

 


 

Ordinary Meeting of Council - 21 May 2024

MM.1 / 1

 

 

Item MM.1

CY00455/12

 

 

 

Mayoral Minute

 

 

Vale John Krummel - Former Artistic Director, Marian Street Theatre

 

  

 

It is my sad duty to inform my Councillor colleagues and the community of the death of one of
Ku-ring-gai ‘s cultural leaders.

 

John Krummel was the Artistic Director of the Marian Street Theatre Company for two vital periods in the 1980s and 1990s. He was the theatre company’s longest-serving, best-known and most successful leader and played a major role in restructuring the theatre’s finances at this time.

 

John Krummel was born in Broken Hill in 1943 and soon after his family moved to Wagga Wagga. It was during his childhood that John decided he wanted to be an actor, becoming fascinated by the actor Charles Laughton at the age of nine.

 

After leaving school, John Krummel enrolled in the National Institute of Dramatic Art (NIDA) in 1962. He appeared in his first play in 1968, performing a memorable role as a Vietnam veteran haunted by his wartime experiences. In the same year he became one of the leading actors in the play Boys in the Band which ran for two years, despite attracting controversy at the time.

 

By the mid 1970s, John had moved to Melbourne and it was there he gained valuable experience under his mentor John Sumner on running a subsidised theatre. He also spent time in Brisbane learning how to direct plays and was subsequently invited to become the Queensland Theatre Company’s resident director.

 

In 1982, John Krummel became artistic director of Marian Street Theatre and the theatre quickly became popular with north shore residents for attracting actors such as Googie Withers and Tony Sheldon, as well as providing opportunities for recent NIDA graduates and local talent such as Georgie Parker. Marian Street also became known for the quality of its plays, hosting productions by writers as varied as Eugene O’Neill and Alan Ayckbourn.

 

John Krummel first left the theatre after nine years as its manager in 1990, with over 5000 subscribers and a healthy bank balance. Five years later he was recalled to restructure the theatre’s finances to prevent its collapse. The HIH Insurance company eventually became the theatre’s main sponsor, funding Marian Street for three years. Despite suffering a stroke, John Krummel still managed to lead the theatre for four more years until the collapse of HIH Insurance in 2001.

 

John was an extraordinary actor, director and theatre manager and his work was well recognised by his peers through several awards. Despite the financial obstacles and his own health challenges, John Krummel was devoted to giving the Ku-ring-gai community high-quality live theatre. His influence on generations of actors is still felt today.

On behalf of the Council and our community, I offer sincere condolences to John Krummel’s family and friends. May he rest in peace.

 

Recommendation:

 

A.   That the Mayoral Minute be received and noted.

B.   That we stand for a minute’s silence to honour John Krummel

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

 

 

 

 

 

Councillor Sam Ngai

Mayor

 

 

 

  


 

Ordinary Meeting of Council - 21 May 2024

PT.1 / 1

 

 

Item PT.1

TM4/16

 

 

 

Petition

 

 

Resident sponsored proposal to change traffic flow on Khartoum Lane from two way to one way

 

  

 

This proposal is being submitted to Ku-ring-gai Council by the concerned residents that live on or near Khartoum Lane to change the traffic flow on Khartoum Lane from two way to a one way traffic flow. The traffic flow would be one way to the EAST. Namely, away from the Train Station, to facilitate people picking up and dropping off from the Gordon Heavy Rail station. The current LANE is NOT wide enough to accommodate two way traffic. Cars are not able to pass each as the lane is not wide enough.

 

Historical background

 

Khartoum Lane was built in the 1930’s, as houses were developed and was designed as a night waste lane. Many of the houses during the early part of the 20th century did not have indoor toilets -- so the houses of that period had structures built in the back garden. These privies or outhouses were built on the lane so at night the waste could be collected (similar to today’s garage collection). Indeed, nearly 100 years later the lane’s primary used to collect residents waste and recycling. Therefore the lane was never built to accommodate modern day two way traffic. In fact, visual inspection will show that the Lane is considerably more narrow than the surrounding streets, such as Park Street, Khartoum Ave, Robert Street and Werona Avenue – all of which are two way traffic. Cars cannot pass on the lane and when two cars confronting each other going different directions, someone must back down the lane to allow the other car to progress.

 

 

The safety of pedestrians and the protection of property in our laneway are at risk due to cars speeding. Despite recent efforts to regulate speed in surrounding streets, the laneway remains excluded, leaving it vulnerable. It's imperative to have a speed limit to the laneway. This can be communicated by painting the speed limit on the street at both entry points and installing clear, visible signage within the laneway, ensuring a safer environment for all.

 

The Need for the request
 

The popularity of the Commuter Rail station at Gordon sees a large amount of traffic in the area. Commuters park out the residential streets (despite garages at the station) and drop off people at the station. Bus stops located on Werona avenue are directly across from the entrance to Khartoum Lane. All this activity means that traffic in the area is certainly more than the suburban streets were designed for. This becomes a huge problem when you have a LANE which is NOT wide enough for 2 vehicles to pass by each other. Additionally, pedestrian traffic is heavy - as school children use the bus stops. Added to this is at the entrance of Khartoum Lane are 2 apartment buildings whose entrances are on Khartoum Lane.

 

 

What is being proposed increases safety.

The proposal to make Khartoum Lane one way is to prevent cars entering from Rosedale Road only to get half way down the lane and meet traffic coming from the popular train station. Additionally, having the lane one way increases the safety for pedestrians - as many of them use the Lane as a walkway. Having the traffic moving in one direction means it is more predictable for the pedestrians.

 

This traffic flow has been observed over many years by the residents that live on this lane and making this change will have minimum impact to people using the station, as most people are dropping off and picking up from the station and driving down the lane to the East (the proposed flow) to get to Rosedale Road.

Making the Lane one way will also increase safety on Rosedale Road. Rosedale Road is a major traffic artery in Gordon extending from Gordon to St. Ives High School. It has a large amount of traffic.

 

As Khartoum Lane currently is classified as two way, people can attempt to turn right into the Lane from Rosedale Road. If they are traveling south on Rosedale Road, they must slow to make the turn and making this turn is against oncoming traffic (often accelerating up a hill or coming from Robert Street). An additional danger is that they are slowing (and stopping -- if they have to wait for oncoming traffic) and they are on a hill, so a car or bus coming south on Rosedale Road suddenly encounters a stopped vehicle in the middle of the road where they would not expect one. This situation is exacerbated if someone is already in Khartoum Lane -- as there is no way to fit two vehicles into the lane (they cannot pass each other). It should be noted that Rosedale Road is the bus route from St. Ives to Gordon and the buses travel fast and have difficulty in stopping. In short, making Khartoum Lane one way will increase safety for pedestrians and motorists. For motorists, by reducing cars making right turns on a major road -- across traffic. For pedestrians, a one way lane provides for a way to watch for traffic in a predictable manner.

 

This proposed change will not impact commuter traffic as they have two streets -- Robert Street and Khartoum Avenue that are two way and Khartoum Lane can be used exclusively to move people away from the station quickly after picking up or dropping off.

 

We, the undersigned, here by support the establishment of ONE WAY traffic flow on Khartoum Lane and urge Ku-ring-gai Council to consider and approve this request by concerned citizen of the area. (9 Signatures).

 

Recommendation:

 

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

 


 

Ordinary Meeting of Council - 21 May 2024

PT.2 / 1

 

 

Item PT.2

TM6/16

 

 

 

Petition

 

 

Establish a Safe Pedestrian Footpath on Winchester Avenue, Lindfield

 

  

 

Roseville Ward Councillors have received the following 1-page petition from Hayley Pentermann, advocating for a pedestrian footpath on Winchester Avenue in Lindfield: 

 

As a family with young children living in Lindfield, we often find ourselves walking along the busy Winchester Ave connecting Lyle Avenue to Eton Road. The nature strips are inadequate, especially when trying to push prams and walk with our toddler to the local parks. In just a few short years, our children will need to navigate this street themselves to reach local schools and public transport.

This road is not just frequented by us but also by many other pedestrians including children attending the local school, children attending sports training and games at Charles Bean Oval and the many residents who enjoy exercise and walk their pets. Yet there is no safe pedestrian footpath established here. This poses significant safety risks for all pedestrians, especially during peak hours when traffic is heavy.

According to the Australian Bureau of Statistics (ABS), pedestrian fatalities account for 14% of all road deaths in Australia (source: ABS). A dedicated footpath would significantly reduce this risk and ensure that everyone can travel safely within our community.

We urge the local council of Ku-ring-gai NSW, Australia to take immediate action on this matter. By establishing a safe pedestrian footpath along this busy road, we can protect all pedestrians - from young families like ours to school-age children who rely on this route for their daily commute. Please sign this petition if you believe in creating safer streets for everyone in Lindfield. Your support could make a real difference in our community's safety and quality of life.

 
Please sign this petition if you believe in creating safer streets for everyone in West Lindfield. Your support could make a real difference in our community's safety and quality of life. (89 Signatures)

 

Recommendation:

 

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

  


 

Ordinary Meeting of Council - 21 May 2024

GB.1 / 1

 

 

Item GB.1

CY00458/12

 

 

Minutes of Audit, Risk & Improvement Committee Meeting held on 21 March 2024

 

 

EXECUTIVE SUMMARY

 

 

purpose of report:

To provide Council with the Minutes from the Audit, Risk & Improvement Committee meeting held on 21 March 2024 for adoption.

 

 

background:

The current Council Advisory/ Reference Committees Guideline (the Guideline) was adopted by Council on the 11 January 2022.

Clause 3.7 (Minutes of Meetings) of The Guideline provides, in part, that:

The draft minutes of a meeting will be circulated to committee members within 10 working days of the meeting. Members will be provided with 5 working days to comment on the accuracy of the minutes and will subsequently be referred to the Chair for approval to submit to Council as an accurate record of the meeting. Once approved by the Chair, the minutes will be put to an Ordinary Meeting of Council for adoption.

The recommendations of a committee, so far as adopted by the Council at an Ordinary Meeting of Council, are resolutions of the Council.

The minutes will also be placed on the agenda to be noted at the subsequent committee meeting.

 

 

comments:

In accordance with the Guideline the draft minutes of the Audit Risk & Improvement Committee meeting held on 21 March 2024 were circulated to the committee members for comment after which they were approved by the Chair. These are now provided to Council for adoption.

 

 

recommendation:

That the minutes from the Audit, Risk & Improvement Committee meeting held on 21 March 2024 be adopted.

 

 


  

Purpose of Report

To provide Council with the Minutes from the Audit, Risk & Improvement Committee meeting held on 21 March 2024 for adoption.

 

Background

The current Council Advisory/ Reference Committees Guideline (‘The Guideline’) was adopted by Council on the 11 January 2022.

Clause 3.7 (Minutes of Meetings) of The Guideline provides, in part, that:

The draft minutes of a meeting will be circulated to committee members within 10 working days of the meeting. Members will be provided with 5 working days to comment on the accuracy of the minutes and will subsequently be referred to the Chair for approval to submit to Council as an accurate record of the meeting. Once approved by the Chair, the minutes will be put to an Ordinary Meeting of Council for adoption.

The recommendations of a committee, so far as adopted by the Council at an Ordinary Meeting of Council, are resolutions of the Council.

 

Comments

In accordance with the Guideline the draft minutes of the Audit Risk & Improvement Committee meeting held on 21 March 2024 were circulated to committee members for comment after which they were approved by the Chair.

 

These minutes are now provided to Council for adoption (Refer Attachment A1).

 

integrated planning and reporting

Leadership and governance

 

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

 

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

 

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

 

 

Governance Matters

To improve governance and transparency with respect to the operation of the Audit, Risk & Improvement Committee.        

 

Risk Management

There are no risk management considerations associated with this report.

 

Financial Considerations

There is no financial impact associated with this report.

 

Social Considerations

There are no social implications associated with this report.

 

Environmental Considerations

There are no environmental implications associated with this report.

 

Community Consultation

Not applicable.

 

Internal Consultation

Not applicable.

 

Summary

A copy of the minutes from the Audit, Risk & Improvement Committee meeting held on 21 March 2024 are attached for adoption.

 

Recommendation:

 

That the minutes from the Audit, Risk & Improvement Committee meeting held on 21 March 2024 be adopted.

 

 

 

 

 

Jennie Keato

Manager People and Culture

 

 

 

 

Attachments:

A1

Minutes of the Audit, Risk & Improvement Committee Meeting held on 21 March 2024

 

2024/120624

 

 


ATTACHMENT No: 1 - Minutes of the Audit, Risk & Improvement Committee Meeting held on 21 March 2024

 

Item No: GB.1

 









 

Ordinary Meeting of Council - 21 May 2024

GB.2 / 1

 

 

Item GB.2

S13163

 

 

Sustainable Recreation Advisory Group - Meeting Minutes 4 April 2024

 

 

EXECUTIVE SUMMARY

 

 

purpose of report:

That Council receive and note the minutes from the Sustainable Recreation Advisory Group (‘SRAG’) meeting held on 4 April 2024 and endorse the recommendations within.

 

 

background:

Council is required to receive and note the minutes of the SRAG and to make them available via Council’s website. SRAG minutes are confirmed by SRAG members prior to being presented to Council.

 

 

comments:

The SRAG met on 4 April 2024 and discussed issues relating to recreation in natural areas. The minutes of the meeting have been attached to this report as Attachment A1.

 

 

recommendation:

That Council receive and note the Sustainable Recreation Advisory Group minutes from 4 April 2024 and endorse the recommendations within.

 

 


  

Purpose of Report

That Council receive and note the minutes from the Sustainable Recreation Advisory Group (‘SRAG’) meeting held on 4 April 2024 and endorse the recommendations within.

 

Background

Council is required to consider minutes of the SRAG and make them available via Council’s website. SRAG minutes are confirmed by SRAG members prior to being presented at the OMC.

 

Comments

The SRAG met on 4 April 2024 and discussed the following items:

 

·    Build and Ride site selection recommendations

 

The Sustainable Recreation Advisory Group make the following recommendations to Council:

 

a.   That the Advisory Group notes the overview of sites for Build and Ride presented.

b.   That Bicentennial Park be recommended for further investigation for a Build and Ride site.

c.   That Councillors receive a briefing on the Build and Ride program.

 

·    Tree Trail update

 

The Sustainable Recreation Advisory Group make the following recommendations to Council:

 

a.   That the Advisory Group notes the information provided.

 

·    Australian Standard for walking track classification and signage

 

The Sustainable Recreation Advisory Group make the following recommendations to Council:

 

a.   That the Advisory Group notes the information provided.

b.   That Council staff resolve technical issues with the online bushwalking tracks map and update online mapping with grading, accessibility and transportation information, and communicate updated maps with the community.

 

·    Project updates

 

The Sustainable Recreation Advisory Group make the following recommendations to Council:

 

a.   That the Advisory Group notes the information provided.

 

The minutes of the meeting have been attached to this report as Attachment A1.

 

integrated planning and reporting

Theme 3: Places, Spaces and Infrastructure

 

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

 

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

Implement priority actions from the Recreation in Natural Areas strategy.

 

 

Governance Matters

The SRAG provides advice on sustainable recreation matters and assists with the promotion, understanding and appreciation of natural areas. While not a decision-making body, the group plays an important function in shaping Ku-ring-gai's future. This advisory group is also an important link for Council's communication with the community.

 

Risk Management

The SRAG will help Council manage risk in regards to recreation in Ku-ring-gai’s natural areas by providing knowledge and feedback to ensure that recreation in natural areas is conducted in a safe, environmentally sustainable and socially responsible manner.

 

Financial Considerations

There are no specific financial implications arising from the creation and management of the advisory group. Staff resources are dedicated to the group from Environment & Sustainability.

 

Social Considerations

Participation in recreational activities is an important contributor to mental health, general well-being and quality of life, boosting self-esteem and personal growth. The advisory group helps Council increase community participation in recreation in natural areas in a safe, environmentally sustainable and socially responsible manner.

 

Environmental Considerations

The SRAG helps Council ensure recreation in natural areas is conducted in an environmentally sustainable and socially responsible manner. Additionally, the provision of recreation opportunities seeks to promote a sense of stewardship within the community.

 

Community Consultation

The SRAG helps Council ensure that recreation in natural areas is conducted in an environmentally sustainable and socially responsible manner. The SRAG consists of community members and facilitates ongoing consultation with the community.

 

Internal Consultation

The SRAG is facilitated by Council staff. Where relevant, consultation with other Departments may occur, in particular with Council’s staff in the Operations Department.

 

Summary

Council is required to consider the minutes of the SRAG and to make them available via Council’s website. Minutes are confirmed by SRAG committee members prior to being presented to Council.

 

Recommendation:

 

A.   That Council receive and note the Sustainable Recreation Advisory Group minutes of 4 April 2024 and endorse the recommendations within:

 

1.   That Bicentennial Park be recommended for further investigation for a Build and Ride site.

2.   That Councillors receive a briefing on the Build and Ride program.

3.   That Council staff resolve technical issues with the online bushwalking tracks map and update online mapping with grading, accessibility and transportation information, and communicate updated maps with the community.

 

 

 

 

 

 

Sybylla Brown

Natural Areas Program Leader

 

 

 

 

Jacob Sife

Manager Environment & Sustainability

 

 

 

 

Andrew Watson

Director Strategy & Environment

 

 

 

 

Attachments:

A1

Minutes of the Sustainable Recreation Advisory Group Meeting 4 April 2024

 

2024/151707

 

 


ATTACHMENT No: 1 - Minutes of the Sustainable Recreation Advisory Group Meeting 4 April 2024

 

Item No: GB.2

 





 

Ordinary Meeting of Council - 21 May 2024

GB.3 / 1

 

 

Item GB.3

S04477

 

 

Youth Advisory Committee

 

 

EXECUTIVE SUMMARY

 

 

purpose of report:

To provide Council with information about how Youth Advisory Committees are operating within other councils in metropolitan Sydney, and to provide a draft Terms of Reference for a Youth Advisory Committee for Ku-ring-gai Council.

 

 

background:

A Mayoral Minute at the Ordinary Meeting of Council on 19 March 2024, required staff to investigate the functioning of Youth Advisory Committees in other Sydney metropolitan councils to report back to the May Ordinary Meeting of Council.

The Mayoral Minute also requested a draft Terms of Reference be developed for a Youth Advisory Committee for Ku-ring-gai Council.

 

 

comments:

Staff have contacted six (6) northern Sydney metropolitan councils and information was sought from peak bodies representing young people about effective approaches and strategies for engaging young people.

Best practice principles have been identified to guide the development of a draft Terms of Reference for a Youth Advisory Committee.

 

 

recommendation:

 

That Council determine whether to develop a Youth Advisory Committee immediately, or whether Council staff undertake further consultation with young people about the structure and establishment of a Youth Advisory Committee for Ku-ring-gai Council, prior to establishing the committee.

 

 


  

Purpose of Report

To provide Council with information about how Youth Advisory Committees are operating within other councils in metropolitan Sydney, and to provide a draft Terms of Reference for a Youth Advisory Committee for Ku-ring-gai Council.

 

 

Background

Following a Mayoral Minute from the OMC of 19 March 2024, it was resolved that:

 

A.      Ku-ring-gai Council reach out to other Sydney Metro councils such as Ryde and Northern Beaches to understand how their Youth Advisory Committees / Councils operate and learn from best practice.

B.     A report on lessons learnt, as well as recommendations for a Youth Advisory Committee Terms of Reference, be brought back by May 2024 Ordinary Meeting of Council.

 

 

Comments

Staff have contacted the following Northern Sydney Councils:

 


·    Mosman

·    Northern Beaches

·    Willoughby

·    City of Ryde

·    Lane Cove

·    North Sydney


 

Interviews were conducted with the relevant council officers at these councils. The interviews explored the successes, challenges and the formal/informal status of each council’s youth advisory committee.

 

Based on the interviews there were a variety of approaches in encouraging participation, consultation and engagement with young people. There was also a difference in the development of each youth advisory body, and various degrees of success experienced using different approaches.

 

All councils have varying approaches and strategies when consulting and engaging with young people, with some councils formalising their findings in strategic reports and planning documents. Of the six councils interviewed, three councils have a formal committee comprising of youth representatives whilst the other three councils are using adaptive and informal ways to engage young people.

 

The findings are summarised in the table below:

 

 

Council

Formal/ Informal Status of Committees

No. of members

Age Range of Members

Frequency of Meetings and Duration of Membership

Comments

 

City of Ryde

Formal

Ryde Youth Council

 

15

14-25 years

Quarterly meetings

 

Review membership annually

·   Members are a conduit between the community and the Youth Council with members disseminating Council information, representing a youth voice and volunteering at events.

·   A member is appointed Chairperson of the Youth Council.

·   Council staff coordinate the agenda, invitations and minutes.

·   External agencies are invited to share information and receive feedback from the Youth Council.

·   Members may be consulted by internal Council Business Units.

·   Councillors are invited to attend all meetings and participate in discussions.

·   The Youth Council assists to implement and review Council’s Community Strategic Plan.

 

Lane Cove

Formal

Youth Advisory Group

 

3-12

13-24 years

Monthly Meetings

·   The Council is in the process of establishing the Youth Advisory Group to provide a voice to young people and create opportunities for young people to participate, engage and be heard in their local community.

·   The Chairperson will be selected from the members of the Youth Advisory Group.

·   Councillors may attend meetings as observers.

·   Youth Advisory Group objectives are aligned to the Community Strategic Plan

 

 

 

 

 

 

 

 

 

 

Council

Formal/ Informal Status of Committees

No. of members

Age Range of Members

Frequency of Meetings and Duration of Membership

Comments

 

Mosman Council

 

Informal Youth Volunteer Program

Variable 15-30 across 3 volunteer streams.

 

 

14-18 years

Weekly volunteer meetings

 

10-week cycles, minimum 2 school term commitment

·  The Youth Volunteer Program has 3 youth program streams.

·  The topics are reflective of current youth interests.

·  The programs are driven by young people and supported by council staff.

·  The Youth Volunteer Program is resourced with staff and budget for training opportunities and events.

·  There is a focus on providing rewards and incentives for participants.

·  Councillors are not formally involved, however they attend the annual Youth Volunteer celebration.

·  A comprehensive youth specific consultation is undertaken every four years to identify priorities resulting in a My Voice Youth Consultation Report.

Northern Beaches Council

Formal

Youth Advisory Group

 

 

25

12-24 years

Monthly meetings

 

Up to 2 years (calendar year cycle)

·  Members participate in formal meetings, project specific working groups and ad hoc consultation requests from internal council Business Units.

·  The terms of reference have evolved over time in response to input and feedback from young people.

·  Members inform and lead the youth activities and are supported by Council staff.

·  There is a focus on incentives using training and personal development opportunities.

·  On average the resourcing required for the Youth

·  Advisory Group is a staff member 1 day per week.

·  Councillors are invited to specific meetings and the Youth Advisory Group reports quarterly at a Council briefing.

Council

Formal/ Informal Status of Committees

No. of members

Age Range of Members

Frequency of Meetings and Duration of Membership

Comments

Northern Beaches Council

Contd.

 

 

 

 

·     Youth Advisory Group

objectives align with the Youth Voice Action Plan 2028, based on a broad consultation of local youth voices. 

North Sydney Council

Informal

Engage with young people at Planet X Youth Centre

 

N/A

N/A

N/A

·     Young people provide input to co-design programs and activities.

·     Targeted and interest-based engagement and consultation are undertaken with young people attending the youth centre and youth programs and events.

·     Larger scale consultation includes schools and the community.

·     Youth Advisory Group

      objectives are aligned to the Community Strategic Plan.

Willoughby Council Contd.

 

Informal

Willoughby Youth Action Group

12

12-24 years

Flexible Fortnightly to monthly

 

1-5 years

·     Youth Advisory Group

members lead the meetings, write the minutes, co-design programs, take on specific roles in projects and are supported by Council staff.

·     Members are consulted on matters of importance to young people by different internal Council Business Units.

·     There is a focus on personal development for young people.

·     Events are moving towards a partnership model and away from the Willoughby Youth Action Group.

·     Councillors are not involved in Willoughby Youth Action Group meetings.

·     The Willoughby Youth Action Group objectives are aligned with Youth Action Plan 2024-2028 based on a broad

·     consultation of local young people.

Feedback from Northern Sydney councils 

 

The following strengths have been identified:

 

It has been highlighted by neighbouring councils that having a Youth Advisory Council increases engagement with young people and offers opportunities for authentic representation in response to priorities of young people.

When diverse young voices, including those from marginalised groups, are represented, a Youth Advisory Committee provides a structured means for young people to genuinely represent their diverse interests.

The youth advisory committees provide an opportunity to inform young people about the roles and responsibilities of councils and the importance of civic engagement in shaping their community.  By actively involving young people in committees, councils assist young people to develop valuable practical and soft skills that will benefit their development. Additionally, the committees serve as a platform for young people to engage in peer learning, creating a space for discussion and idea-sharing on important issues affecting them.

Overall, the various Youth Advisory Council models provide a valuable starting point for councils to consult young people and ensure their voices are heard in decision-making processes. It promotes inclusivity, empowers young people to be active participants in their community, especially when the experience fosters a sense of purpose and reward among participants.

 

The following challenges have been identified by the councils that were consulted:

 

From the interviews conducted with other local councils, there were a number of challenges identified:

One of the major challenges facing youth advisory committees were the lack of tangible outcomes flowing from the work of committees, particularly as young people have expectations that matters would be dealt with immediately. This is mainly due to the consultation and approval processes that must be undertaken by councils, which also includes funding and staff resources. Without sufficient support and direction from the council, these advisory bodies can find it difficult to make meaningful contributions.

Diversity is also a concern, as formal committees often attract only academically focused individuals who may not fully represent the community, experiences, and perspectives. Different viewpoints and life experiences can lead to more comprehensive and effective solutions to issues affecting young people. Moreover, bureaucratic and political processes can be perceived as discouraging engagement and creativity and stifling innovation. Young members may feel inadequate or intimidated, and this can be a barrier for meaningful participation.

Another challenge was identified as a lack of accountability from both council and/or members, resulting in a failure to act on initiatives. When members and councils hold themselves accountable for their actions and decisions, it demonstrates transparency and reliability, which are essential for fostering trust among committee members and the communities they serve.

Additionally, infrequent meetings and poor communication hinder progress, while short membership terms and rigid structures limit the development of necessary skills and experience among young participants.

Several councils and peak bodies advised that flexibility and review mechanisms should be built into a youth advisory committee model. With time and input from young people the process can evolve to be more effective, impactful and adapt to evolving circumstances and priorities.

 

Feedback from peak bodies representing young people:

 

The following peak bodies were contacted with the aim of identifying current trends within Australia in providing a platform for young voices to be heard in decision-making processes and policy development:

 

•   Youth Action (NSW)

•   Multicultural Youth Advocacy Network (NSW)

•   Commonwealth Office for Youth

•   The Australian Youth Affairs Coalition

•   Federation of Ethnic Communities’ Councils of Australia

•   Australian Council of Social Service

 

Youth Action is the peak organisation representing young people and youth services in NSW.   Youth Action suggests that the establishment of a Youth Advisory Committee for Ku-ring-gai Council can be a strong starting point for consulting young people, rather than the only mechanism for engagement. It's important to take youth voices seriously, involve them in decision-making, and ensure the committee is well-resourced and supported. Involving young people in preparatory work, such as defining the committee's purpose, contributions, and boundaries, is crucial.  The committee should aim to attract a diverse range of young people and focus on skills development and empowerment. Currently Youth Action has approximately 25 Youth Advocates who are a diverse group of trained young people, who are invited by Youth Action to participate in a greater level of involvement in consultation and other activities.  The Youth Advocates respond as needed and when they are available.

 

Multicultural Youth Advocacy Network (MYAN) is a statewide youth specialist organisation that services young people with a primary focus on humanitarian arrivals. MYAN suggests that a strong representative model such as a Youth Advisory Committee is based on building relationships. It is led by young people and actively ensures accessibility to encourage diversity. MYAN completed a youth consultation that resulted in the establishment of a Youth Advisory Hub whose main purpose was to upskill young people in policy writing and change making.   24 people were recruited and 13 of whom were actively involved in a 12-month program that consisted of training, research, policy writing and policy advocacy. The young people were paid an honorarium of $350.

 

The Office for Youth is developing a new youth engagement strategy and acknowledges that no two young people are the same. This recognition of diversity is being highlighted in their new approach. When asked why they are doing this work, they respond: When young people thrive, so does Australia.

 

Summary of external consultation

 

It was repeatedly highlighted by staff from other councils, and the youth sector more broadly, that a successful model for a Youth Advisory Committee would rely on extensive consultation and engagement with local young people.

 

“Youth Led” was identified as a key principle of success. This would enable a comprehensive understanding of what young people require and desire from the Youth Advisory Committee.         By involving young people at different stages, it provides the groundwork for the sustainability of the Youth Advisory Committee.

 

It ensures that there is continued interest, participation, and ownership from the young people which would lead to higher quality outcomes. It allows for thorough planning, thoughtful consideration of feedback, and the implementation of effective strategies to address the needs of young people in the community.

 

To address some of the challenges identified above, a summary of general principles has been developed to guide the development and operation of an effective youth advisory committee:

 

·    Diverse representation

Diverse representation can include diverse views, cultural background, ethnicity, socio-economic background, personal interests, sexuality, life experience, disabilities, business experience, diverse educational backgrounds including representation from both public and private schools. It is important to include marginalized or underrepresented groups. Overall, diverse representation on a youth advisory committee strengthens the committee's ability to address the needs and concerns of all young people in the community.

 

·    Empowerment and Capacity Building
Empower youth members by involving them in decision-making processes, providing opportunities for leadership and valuing their contributions. Ideally young people should have a direct role in shaping the advisory committee and participating in the process, including appointment to executive positions.  Where possible, consulting young people before the creation of the youth representative model would ensure that the representative body responds to the specific needs, interests, priorities, and distinguishing culture of the local community. Leadership training, personal development days, and skill building workshops provide leadership opportunities to young people and brings expertise to the advisory committee. This approach fosters leadership skills, empowers members to take ownership of their issues, and enhances the effectiveness of the advisory committee. 

·    Accessibility and Inclusiveness

An accessible committee includes and welcomes diverse individuals. Attracting suitable diverse candidates may require a process that removes barriers to apply and actively participate in the committee. It is important to ensure selection criteria and selection processes are inclusive. A youth friendly environment is conducive to young people actively participating in the work of the committee and making a positive contribution. Informal, relaxed environments are more often where young people feel a sense of ease, confidence and can forge a sense of belonging. Achieving a balance between formal council structures and procedures, along with creating a youth-accessible environment, is crucial for the effectiveness and inclusivity of youth committees.

 

·    Partnerships and Collaboration

Overall, a mutually beneficial relationship between the council and the youth advisory committee is essential for creating positive outcomes for both parties and the community. The committee serves as a valuable resource for gaining insights into youth perspectives, priorities, and changing needs. For committee members, involvement offers valuable opportunities for personal and professional development. Young people gain leadership skills, civic engagement experience and a platform to voice their opinions and influence change. The collaboration can extend beyond the relationship between youth members and the Council, whereby partnerships can be formed with existing community organisations which can leverage the effectiveness of the work within an advisory committee and impact in the community.

·    Resourcing

A youth advisory committee that is adequately resourced with funding and staff support is more likely to be effective and sustainable. Supporting youth-led initiatives, events, and projects demonstrates the council's commitment to youth empowerment and fosters positive relationships with young people and their communities.

Investing in youth committees builds the foundation for long-term sustainability and continuity of youth engagement initiatives. By providing ongoing support, resources, and mentorship, councils can nurture the next generation of leaders and ensure the continued vitality of youth participation in decision-making processes.

Compensation and incentives for members should also be considered to provide interesting opportunities and enjoyable experiences that keep young people invested in the process.

 

·   Flexibility and Responsiveness

     Flexibility and responsiveness enable the committee to adapt to changing circumstances and address emerging issues effectively and swiftly. By being open to new ideas, approaches, and solutions, youth advisory committees can explore unconventional strategies and pilot projects that have the potential to impact the lives of young people.

     Responsive youth advisory committees take into account interests and concerns of young people which fosters a sense of ownership and belonging among members. By staying informed about emerging issues and trends affecting youth, the committee can effectively respond to the needs and priorities of young people in the local area.

     Flexibility and responsiveness enable youth advisory committees to continuously evaluate their activities, processes, and outcomes, identifying areas for improvement and making necessary adjustments.

     A flexible approach considers changing commitment levels from members, helping the committee to remain relevant and accessible to young people. This concept encourages flexibility to run meetings as needed, using formats that are youth friendly and not overly bound to rules and protocol.

 

·   Transparency and Accountability

     Transparency fosters trust between the youth advisory committee members, council and the broader community. Transparent processes ensure that young people are informed and involved in the activities and decision-making of the youth advisory committee. By making its activities and decisions visible and accessible, the committee can be held accountable for its actions and outcomes.

 

Terms of Reference

A draft Terms of Reference (Attachment A1) has been developed consistent with the Council resolution, utilising the corporate template and incorporating feedback received from other councils and peak organisations representing young people.

 

Current engagement and consultation with young people in Ku-ring-gai

Council currently undertakes comprehensive and effective consultation with young people as required. An overview of Council’s Youth Services engagement and consultation approaches with local young people has been provided (Attachment A2)

 

integrated planning and reporting

Theme 6: Leadership and Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

C3.1: A community where opportunities are provided for all voices to be heard and where community stewardship, participation and engagement is supported and promoted

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

 

C3.1.1 Enhance opportunities

for social interaction to foster

community participation,

connectedness and a sense

of pride in the community and local areas.

L3.1.2: Council’s Governance

framework is developed to ensure probity and transparency

 

C3.1.1.3: Resource and support volunteers by providing information, training and participation opportunities and recognising their contribution to the community.

L3.1.2.1: Ensure that Council and Committee Meetings are managed effectively and in accordance with relevant legislation, codes and guidelines.

 


Governance Matters

Under the Local Government Act 1993 and the Local Government (General) Regulation 2005, a Council can form committees and determine their functions, powers, membership and voting rights.

Council has adopted a Council Advisory and Reference Committees Guidelines document (Attachment A3) which will guide the conduct of the members.

All members will also be asked to agree to Council’s Code of Conduct.

 

Minutes from any proposed Advisory Committee will go to an Ordinary Meeting of Council as prescribed by the Advisory and Reference Committees guidelines.

 

Risk Management

There are no significant risk implications identified in the writing of this report.

 

Financial Considerations

Funding and resourcing are vital for the effective operation of a youth advisory committee and to enable the committee to carry out its functions. Adequate resourcing empowers youth committee members to engage meaningfully with Council, represent young people's interests, drive positive change, and strengthen local democracy.

 

Based on feedback from other Councils, the ongoing operational costs is estimated at $50,000 per annum to cover programs, events, promotion, training, and incentives for members.

 

Further resourcing will be required should Council wish to establish a Youth Advisory Committee using a staged approach. This would involve extensive consultation with local young people about the model, purpose, approach, and terms of reference prior to forming a youth advisory committee. Several councils have utilised this approach including aligning the work of the committee to Council’s Community Strategic Plan, Youth Needs Study or Youth Strategy.

Indicative tiered costings from consulting firms specialising in consultation with young people range from $20k to $40k. Should council decide to undertake further consultation this expense would come from the Community Development budget following a quarterly budget review.

 

Social Considerations

To provide Council with information about how Youth Advisory Committees are operating within other councils in metropolitan Sydney.

Environmental Considerations

There are no specific environmental considerations associated with establishing a Youth Advisory Committee.

Community Consultation

Six (6) northern Sydney region councils were consulted. Mosman Council, Northern Beaches Council, Willoughby Council, City of Ryde, Lane Cove Council and North Sydney Council.

 

Peak bodies were contacted and consulted:

 

·        Youth Action

·        Multicultural Youth Advocacy Network (MYAN)

·        Office for Youth

·        The Australian Youth Affairs Coalition (AYAC)

·        Federation of Ethnic Communities’ Councils of Australia (FECCA)

·        Australian Council of Social Service (ACOSS)

 

During a recent Youth Week event in April, council’s Youth Services staff surveyed 30 young people aged 12 to 20. The survey revealed that:

·    61% want the council to listen to their voices

·    29% were open to consultation

·    10% were not interested in the process

 

Top areas of interest in the community included:

·    Youth centres and programs

·    Art and cultural activities

·    Skateparks

·    Parks and sport fields

·    Libraries

·    Community events

·    Bushland and sustainability

 

Preferred methods of engagement included:

·    online surveys (45%)

·    ad hoc consultation to design events (29%)

·    regular lunchtime meetings at school (16%)

·    youth forum with schools (7%)

·    join a formal committee (3%)

Incentives for participation included:

·    gift cards (58%)

·    a certificate or reference for their resume (19%)

·    training and development opportunities (12%)

When asked about joining a Youth Advisory Committee:

·    71% were unsure

·    19% were interested

·    10% were not interested

 

The diversity of perspectives gathered highlights the value of directly consulting with young people and supported by multiple levels of community engagement. A youth-led model of participation and consultation, which has been recommended by peak bodies and other councils, would require a longer lead time, however it is anticipated there would be greater benefit for the long term in hearing from young people who have been consulted by their peers.

 

Internal Consultation

Internal consultation with various council departments has occurred throughout the writing of this report.

 

Summary

A Mayoral Minute at the Ordinary Meeting of Council on 19 March 2024, required staff to investigate the functioning of Youth Advisory Committees in other Sydney metropolitan councils to report back to the May Ordinary Meeting of Council.

Staff have contacted six northern Sydney metropolitan councils and information was sought from peak bodies representing young people about effective approaches and strategies for engaging young people.

Overall, the analysis presented in the report highlights the complexities and nuances involved in engaging young people effectively. By identifying both successes and challenges, as well as emphasising the importance of consultation, inclusivity, and continuous improvement, the report provides valuable insights for Council seeking to enhance its youth engagement strategies.

 

Recommendation:

 

That Council determine whether to develop a Youth Advisory Committee immediately, or whether Council staff undertake further consultation with young people about the structure and establishment of a Youth Advisory Committee for Ku-ring-gai Council, prior to establishing the committee.

 

 

 

 

 

 

Janice Bevan

Director Community

 

 

 

 

Danny Houseas

Manager Community Development

 

 

 

Attachments:

A1

Terms of Reference - Youth Advisory Committee

 

2024/163747

 

A2

Ku-ring-gai Council Engagement with Young People

 

2024/163753

 

A3

Council Advisory and Reference Committee Guideline

Excluded

2024/163653

 

 

 


ATTACHMENT No: 1 - Terms of Reference - Youth Advisory Committee

 

Item No: GB.3

 






ATTACHMENT No: 2 - Ku-ring-gai Council Engagement with Young People

 

Item No: GB.3

 




 

Ordinary Meeting of Council - 21 May 2024

GB.4 / 1

 

 

Item GB.4

S09112/12

 

17 April 2024

 

 

2023 - 2024 Budget Review - 3rd Quarter ended March 2024

 

 

EXECUTIVE SUMMARY

 

Purpose of report:

To inform Council of the results of the second 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 31 March 2024.     

 

 

background:

Section 203(1) of the Local Government Regulation 2005 requires that at the end of each quarter, a Budget Review Statement be prepared and submitted to Council that provides the latest estimate of Income and Expenditure for the current financial year (2023/24).

 

 

comments:

The recommended budget adjustments outlined in this review are expected to have no impact on the net operating result (excluding capital grants). The review proposes to increase operating project expenditure and donations. These are offset by favourable increase to interest earned and operating grants, as detailed in this report.

After adjusting for capital and operational grants, project expenditure and restricted items, there is no change to working capital.

 

 

recommendation:

That the March QBR 2023/24 Quarterly Budget Review and the recommended changes are received and noted.

 

 

 


  

Purpose of Report

To inform Council of the results of the second 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 31 March 2024.       

 

 

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 the financial performance of the Council during the third quarter of the 2023/24 financial year and forecasts an end of financial year position. The review recommends budget adjustments for both operating and capital budgets.

Proposed budget adjustments outlined in this review are projected to have no impact on the net operating result (excluding capital grants). This is primarily due to additional interest on investments (partly restricted to external reserves), user fees and operating grants fully offset by reduced revenue from other sources, unfavourable increases in materials and contractor expenses, along with other expenses and operating project expenses.

From a funding position, after adjusting for capital and operational grants movements, project expenditure and restricted items, the net working capital is anticipated to remain unchanged.

 

Proposed adjustments to forecast budget

Operating Income

The recommended net increase in operating income, totalling ($574k), primarily results from increased interest on investments (partly restricted externally), increased user fees, operating grants and contributions received, partly offset by decreased revenue from other sources:

·    User charges and fees – an increase of ($323k) is primarily attributed to increased developer application fees offset by a decrease in “other” revenue.

·    Other Revenue - a decrease of ($301k) due to reduced parking fines and area ranger other fines.

·    Interest and investments income – an increase of ($511k) resulting from more competitive interest rates than initially budgeted, out of which ($390k) is restricted to reserves ($262k to S7.11reserves and ($128k) to the internal Infrastructure & Facilities reserve).

·    Operating grants and contributions – an increase of ($41k) mainly from Joint sector support and development grant ($51k) partly offset by a decrease to bus weight tax ($10k).

Operating expenditure

The recommended net increase in operating expenditure, totalling $574k is primarily due to increased other expenditure and net increases in materials and contracts and operating project expenditure. This is partly offset by transfers (reclassification only) of budgeted expenditure associated with capital projects and transfer from materials and contracts as detailed below:

·    Materials and contracts - net increase of $43k from:

Increase in software licences and subscription costs ($100k) larger than anticipated partially offset by a decrease in building unit agency salaries ($27k); and

Budget transfer from capital projects for computer hardware maintenance costs ($70k);

Budget transfer to operating projects consulting costs associated with the proposed changes to NSW housing policy ($100k).

·    Other expenses – allocation of budget ($150k) to the 2024 Community Relief Fund as adopted by Council.

 

·    Operational projects expenditure - net increase of $381k, partially due to transfer from recurrent budget and reclassification from capital budget.

Allocation of budget for the Affordable Housing policy as adopted by Council ($150k);

Increase to consulting costs associated with the proposed changes to NSW housing policy, transferred from materials and contracts ($100k);

Transfer to road maintenance block grant from road rehabilitation capital projects ($80k);

Increase due to aged care joint sector support and development grant ($51k).

 

 

 

 

Capital Budget

 

·    Major adjustments to the capital budget are due to:

 

Additional capital works ($768k)

Increase in grants ($148k)

 

Partly offset by:

 

Transfer to recurrent budget ($70k)

Transfer to operating projects ($80k)

 

Details by project and other budget adjustments 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 March Quarterly Budget Review.

 

 

 

 

Attachment A2 summarises all proposed budget adjustments for Projects.

 

The table below splits the current budget by six themes identified within Council’s 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 March quarter is $208m.

 

A detailed Restricted Assets Report as at March 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 31 March 2024 is ($41.2m) or 35% against the full year revised budget of ($117.7m).

 

The table and chart below show the YTD actual project expenditure against 2023/24 full year revised budget and projected forecast.

 

 

 

 

The March review recommends a net increase of $1.1m to the forecast project budget resulting in a total revised budget of $118.8m.

 

The most significant variations and projects proposed for adjustment are listed below:

 

·    Additional expenditure:

Golden Jubilee Carpark (recycled asphalt work) ($650k) funded from domestic waste reserve

LVG Parking meters & software upgrade ($70k)

 

·    Grant funded expenditure:

·    Additional grants:

TfNSW Wombat Crossing Fox Valley Road, Wahroonga ($78k)

TfNSW Wombat Crossing Hunter Avenue, St Ives ($70k)

Federal Department of Health-Joint sector support and development in the Northern Sydney Aged Care Planning Region ($51k)

 

·    Recurrent income funded expenditure:

Passenger fleet ($49k) funded from increased tree preservation order fines

 

·    Other internal transfers:

Transfer from capital projects to operating projects ($80k)

Transfer to recurrent for computer hardware maintenance ($70k)

Transfer from recurrent for consulting costs associated with the proposed changes to NSW housing policy ($100k)

 

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 31 March 2024 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

Proposed budget adjustments outlined in this review are projected to have no impact on the net operating result (excluding capital grants). This is mainly due to additional interest on investments (partly restricted to reserves), user fees and operating grants fully offset by a decrease in other revenue, increase in materials and contracts, other expenses and operating project expenses.

After adjusting for capital and operational grants, project expenditure and restricted items, the net working capital will remain unchanged.

 

Recommendation:

 

That the March 2024 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 - March 2024

 

2024/150337

 

A2

Attachment A2 - Summary of Capital and Operational Projects Budget Adjustments - March 2024

 

2024/150342

 

 


ATTACHMENT No: 1 - Attachment A1 - Restricted Assets Report - March 2024

 

Item No: GB.4

 


ATTACHMENT No: 2 - Attachment A2 - Summary of Capital and Operational Projects Budget Adjustments - March 2024

 

Item No: GB.4

 











 

Ordinary Meeting of Council - 21 May 2024

GB.5 / 1

 

 

Item GB.5

FY00623/6

 

1 May 2024

 

 

Analysis of Land and Environment Court Costs - 3rd Quarter 2023 to 2024

 

 

EXECUTIVE SUMMARY

 

purpose of report:

To report legal costs in relation to development control matters in the Land and Environment Court for the quarter ended 31 March 2024.  

 

 

background:

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

 

 

comments:

For the quarter ended 31 March 2024, Council’s legal and associated payments in relation to the Land and Environment Court were $953,492. This compares with the annual budget of $1,338,800.

 

 

recommendation:

That the analysis of Land and Environment Court costs for the year ended 31 March 2024 be received and noted.

 

 

 


  

Purpose of Report

To report legal costs in relation to development control matters in the Land and Environment Court for the quarter ended 31 March 2024.   

 

 

Background

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

 

Comments

 

Appeals Lodged

In the quarter ended 31 March 2024 there were six new appeals lodged with the Land and Environment Court.  The number of appeals received in prior years is as follows:

 

Financial year

Number of appeals received (whole year)

2019/2020

25

2020/2021

13

2021/2022

18

2022/2023

36

2023/2024 (as at 31 March 2024)

13

 

 

                          

 

The appeals commenced during the quarter to 31 March 2024 concerned the following subject matter:

 

·    Multi-dwelling housing

·    Subdivision

·    Single dwelling

Council was also in receipt of one appeal against a Development Control Order.

 

costs

For the quarter ended 31 March 2024, Council made payments of $953,492 on appeals and associated expenses in relation to Land & Environment Court matters. This compares with the annual budget of $1,338,800.

 

In addition to expenditure on appeals, a further amount of $4,043 was spent in obtaining expert advice regarding development assessment matters.

 

Land & Environment Court Costs

2019/2020 - 2023/2024

Financial Year

Total Costs

1st quarter September

2nd quarter December

3rd quarter March

4th quarter June

2019/2020*

(25 appeals lodged)

$1,892,040

$417,046

$446,071

$543,218

$485,705

2020/2021*

( 13 appeals lodged)

$1,512,459

$356,735

$501,925

$278,510

$375,289

2021/2022 *

(18 appeals lodged)

$1,114,447

$402,328

$258,053

$226,500

$227,566

2022/2023

(36 appeals lodged)

$1,261,734

$324,397

$300,017

$474,367

$162,953

2023/2024

(7 appeals lodged)

$ 953,492

$381,788

$366,869

$204,835

 

 

          * Costs reported to Council in previous reports

 

The costs incurred in the period to 31 March 2024 represent 71.22% of the annual budget of $1,338,800. In recent reported periods, there has been a trend of increasing numbers of appeals.

 

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

 

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

 

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

 

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

 

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

 

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

 

In relation to costs recovered, the amount of $151,395 had been recovered as 31 March 2024 compared to an annual budget for costs recovered of $114,900.

 

Outcomes

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·    one appeal was dismissed

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

·    one appeal was upheld in relation to an amended proposal

·    one appeal was discontinued by the applicant

As at 31 March 2024, there was a total of 14 matters proceeding before the Court.

 

integrated planning and reporting

Leadership & Governance

 

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

L2.1 Council rigorously manages its financial

resources and assets to maximise delivery of

services.

Achieve financial sustainability targets

identified in the Long Term Financial

Plan.

Undertake quarterly reporting to Council on the financial performance of the

organisation.

 

Governance Matters

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

 

Risk Management

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

 

Financial Considerations

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

 

Social Considerations

None undertaken or required.

 

Environmental Considerations

None undertaken or required.

 

Community Consultation

None undertaken or required.

 

Internal Consultation

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

 

Summary

For the period ended 31 March 2024, Council made payments of $953,492 on Land & Environment Court appeals. This compares with the annual budget of $1,338,800.

 

 

Recommendation:

 

That the analysis of Land and Environment Court costs for the year ended 31 March 2024 be received and noted.

 

 

 

 

 

 

Tony Ly

Financial Accounting Officer

 

 

 

 

Jamie Taylor

Corporate Lawyer

 

 

 

 

Michael Miocic

Director Development & Regulation

 

 

 

Attachments:

A1

Individual Case Summary March 2024 - Land and Environment Court Costs

 

2024/162216

 

 


ATTACHMENT No: 1 - Individual Case Summary March 2024 - Land and Environment Court Costs

 

Item No: GB.5

 














 

Ordinary Meeting of Council - 21 May 2024

GB.6 / 1

 

 

Item GB.6

FY00623/6

 

23 April 2024

 

 

Investment Report as at 30 April 2024

 

 

EXECUTIVE SUMMARY

 

PURPOSE OF REPORT:

To present Council’s investment portfolio performance for April 2024.

 

 

background:

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

 

 

comments:

The net return on investments for the financial year to the end of April 2024 was $7,449,000, against the revised budget of $6,718,000 giving a year-to-date favourable variance of $731,000.

 

 

recommendation:

That the summary of investments performance for April 2024 be received and noted; and that the Certificate of the Responsible Accounting Officer be noted and the report adopted. 

 

 

 


  

Purpose of Report

To present Council’s investment portfolio performance for April 2024.

 

 

Background

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

 

Comments

Investment Portfolio Performance Snapshot

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

 

 

 

 

Cumulative Investment Returns against Revised Budget

 

The net return on investments for the financial year to 30 April 2024 was $7,449,000 against the revised budget of $6,718,000 giving a year-to-date favourable variance of $731,000 as shown in the table below. The investment portfolio performed well with the favourable variance mainly resulting from more competitive interest rates. Council anticipates further favourable returns in the upcoming months, and thus, a budget increase of $511,000 has been recommended as part of the March 2024 Quarterly Budget Review.

 

 

  

 

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

 

                          

Cash Flow and Investment Movements

 

Council’s total cash and investment portfolio as at 30 April 2024 was $206,810,000 compared to $208,231,000 at the end of March 2024, a net cash outflow of $1,421,000 mainly due creditor payments. Three investments matured and three new investments were made during the month.

 

 

                              

 

Investment Performance against Industry Benchmark

 

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

 

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

 

Table 1 - Investments Performance against Industry Benchmarks

 

 

                                      

 

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


Table 2 - Investments Portfolio Summary during April 2024

                                              

  

 

* Weighted average returns.

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

*** Market Values as at 30 April 2024 were not available at the time of writing the report.

Investment by Credit rating and Maturity Profile

 

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

 

 

                            

 

 

                      

 

                      

 

integrated planning and reporting

Leadership & Governance

 

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

Council maintains and improves its long term financial position and performance

Continue to analyse opportunities to expand the revenue base of Council

 

Governance Matters

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

 

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

 

(1)     The responsible accounting officer of a council:

 

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

 

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

 

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

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

 

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

 

Risk Management

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

 

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

 

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

 

Financial Considerations

The revised budget for interest on investments for the financial year 2023/2024 is $7,697,000. Of this amount approximately $4,690,100 is restricted for the benefit of future expenditure relating to development contributions, $1,214,100 transferred to the internally restricted Infrastructure & Facility Reserve, and the remainder of $1,792,800 is available for operations. A favourable budget increase of $511,000 is recommended in the March QBR in line with continuous positive returns. 

 

Social Considerations

Not applicable.

 

Environmental Considerations

Not applicable.

 

Community Consultation

None undertaken or required.

 

Internal Consultation

None undertaken or required.

 

Certification - Responsible Accounting Officer

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

 

Summary

 

As at 30 April 2024:

 

·    Council’s total cash and investment portfolio is $206,810,000, a decrease of $1,421,000 from the previous month.

 

·    The net return on investments for the financial year to the end of 30 April 2024 was $7,449,000 against the revised budget of $6,718,000 giving a year-to-date favourable variance of $731,000. The favourable variance is mainly due to higher interest rates than budgeted.

 

·    A budget increase of $511,000 is recommended in the March QBR in line with continuous positive returns.

 

 

Recommendation:

 

That:

 

A.  The summary of investments and performance for April 2024 be received and noted.

 

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

 

 

 

 

Tony Ly

Financial Accounting Officer

 

 

Ann Wang

Acting Manager Finance

 

 

Angela Apostol

Acting Director Corporate

 

 

 

 


 

Ordinary Meeting of Council - 21 May 2024

GB.7 / 1

 

 

Item GB.7

CY00043/16

 

5 May 2024

 

 

St Edmund’s College community fundraising event

 

 

EXECUTIVE SUMMARY

 

purpose of report:

To advise Council of the opportunity to purchase tickets for St Edmund’s College’s community fundraising event (Eddie’s Big Night Out) on 15 June 2024.

 

 

background:

St Edmund’s College is a Year 7-12 co-educational special high school including education and support for students with mild to moderate intellectual disability, autism and other sensory impairments.

 

 

comments:

Eddie’s Big Night Out will be held on 15 June 2024 at Miramare Gardens, Terrey Hills. Individual tickets for guests are $200. Table bookings for 10 guests are available for $2,000, with sponsorship packages available from $3,700. 

 

 

recommendation:

That:

 

A.   Council decides whether to purchase a table for St Edmund’s College’s community fundraising event (Eddie’s Big Night Out); and

B.   If supported, that Councillors interested in attending advise the General Manager by 24 May 2024.

 

 

 


  

Purpose of Report

To advise Council of the opportunity to purchase tickets for St Edmund’s College’s community fundraising event (Eddie’s Big Night Out) on 15 June 2024.  

 

 

Background

St Edmund’s College is a Year 7-12 co-educational special high school in Wahroonga. It provides education and support for students with mild to moderate intellectual disability, autism and other sensory impairments. Ku-Ring-Gai Council has been invited to the school’s community fundraising event.

 

Comments

Eddie’s Big Night Out will be held on 15 June 2024 at Miramare Gardens, Terrey Hills. Individual tickets for guests are $200 and a table for 10 guests is available for $2,000.

 

Sponsorship packages are available for $3,700, $5,700, $8,000 or $10,000.

 

Further information can be found on the website: https://www.stedmunds.nsw.edu.au/our-community/events/eddies-big-night-out/

 

integrated planning and reporting

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

C3.1: An equitable, inclusive and resilient community that cares and provides for its residents and embraces healthier lifestyles

3.1.1: Council’s policies,

programs and advocacy address the social, information and health needs of all age groups, reduce disadvantage and address gaps in service provision.

C3.1.1.2: Partner with key stakeholders to deliver

community programs in response to identified

community needs.

 

Governance Matters

Attendance at functions and events are provided for in the Councillor Expenses and Facilities Policy, including attendance by accompanying persons.

 

Risk Management

No significant risks.

 

Financial Considerations

Under the Councillor Expenses and Facilities Policy, Council will meet the reasonable cost of attendance at functions and events held by charities and community organisations relevant to the LGA or Council’s wider interest.

 


 

Social Considerations

By supporting the school, Council is building strategic partnerships and connections with local education providers and young people. Attendance at the event will enable Councillors to meet members of the community and learn about education and support services delivered to young people with disability in the Ku-ring-gai area.

 

Environmental Considerations

Nil

 

Community Consultation

Nil required

 

Internal Consultation

Nil required

 

Summary

Ku-Ring-Gai Council has been invited to attend St Edmund’s College’s community fundraising event in June 2024 2023.

 

 

Recommendation:

 

That:

A.   Council decides whether to purchase a table for St Edmund’s College’s community fundraising event (Eddie’s Big Night Out); and

 

B.   If supported, that Councillors interested in attending advise the General Manager by 24 May 2024.

 

 

 

 

 

Christopher M Jones

Manager Governance & Corporate Strategy

 

 

 

 


 

Ordinary Meeting of Council - 21 May 2024

GB.8 / 1

 

 

Item GB.8

FY00621/6

 

 

Project Status Report - May 2024

 

 

EXECUTIVE SUMMARY

 

purpose of report:

To provide Council with the Project Status Report for February, March and April 2024.

 

 

background:

On 22 May 2018, a Notice of Motion was considered by Council regarding the development of a monthly Project Status Report.

On 14 May 2019, Council resolved to extend the reporting timeframe from monthly to a quarterly.

 

 

comments:

The Notice of Motion noted that while projects are reported to Council and the community through a number of other reports, the frequency of reporting is a more reliable and recurring method to update Council and the community.

The report will be placed on Council’s website following Council’s resolution.

 

 

recommendation:

That Council receive and note the Project Status Report for February, March, and April 2024.

 

 

 


  

Purpose of Report

To provide Council with the Project Status Report for February, March and April 2024.

 

 

Background

On 22 May 2018, a Notice of Motion (NOM) was considered by Council regarding the development of a monthly Project Status Report.  As a result, Council resolved the following;

 

A.   That a Capital and Operational Projects Report is to be tabled at an ordinary meeting of council each month. The reporting will commence in FY19 with a report for the period of July 2018.

 

B.   That the report should include any progress made in the month as well as a progress summary for the financial year to date. Where there has been no progress in the month, it is acceptable to acknowledge that nothing has progressed. And where a project has yet to commence, it is acceptable to note the expected start date.

 

C.   That council staff may use their discretion in deciding whether any additional columns of information should be presented.

 

D.   That the reported projects should include, but are not limited to, those that are mentioned in Council’s Delivery Program and Operational Plan. For brevity, council staff may choose to aggregate some projects or set a reasonable threshold for reporting purposes.

 

E.   That the current and historical monthly reports should be easily found on the Ku-ring-gai Council website (i.e. not just through searching council agenda items). One possibility is to create a page for the monthly Capital and Operational Projects Reports under “Current works and upgrades”.

 

F.   That after the first six months of the report, the Councillors and Directors should discuss whether the frequency of the report should be adjusted.

 

On 14 May 2019, Council resolved to extend the reporting timeframe from monthly to a quarterly report:

 

A.      That Council receive and note the Project Status Report for April 2019.

 

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

 

C.      That the reporting timeframe be changed from monthly to quarterly.

 

In accordance with Part C of the resolution of 22 May 2019, the attached report is for the period February, March and April 2024 (Attachment A1).

 

 

 

 

 

 

Comments

Reporting on projects is currently undertaken through:

 

·    Quarterly Financial Reports;

·    Bi-annual reports on the progress of the Delivery Program & Operational Plan; and

·    Annual Report.

 

The NOM noted that while projects are reported to Council and the community through these statutory reports, the frequency of quarterly reporting is a more reliable and recurring method to update Council and the community.

 

The NOM guided the report structure and content for the Project Status Report which Council staff has prepared based on the following criteria:

 

·    Capital projects delivering community/public infrastructure;

·    Threshold applied to total budget per project – greater than or equal to $250k;

·    No operational projects are included; and

·    Any specific project that Councillors wish to be included in the report.

 

The report will be placed on Council’s website following Council’s resolution.

 

integrated planning and reporting

Leadership & Governance

 

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

Council's Governance framework is developed to ensure probity and transparency.

 

Business papers and associated minutes are published in an accurate and timely manner for public scrutiny and to encourage community participation.

 

Governance Matters

The Project Status Report will be submitted to Council the first meeting following the end of each quarter.

 

Risk Management

The Project Status Report is not generated through Council’s corporate information and financial systems.  As such, it is reliant of key staff to provide input and to critique.

 

 

Financial Considerations

There are no financial implications associated with this report. 

 

Social Considerations

The project status report will be placed on Council’s website following Council’s resolution.

 

Environmental Considerations

Not applicable.

 

Community Consultation

Not applicable.

 

Internal Consultation

General Manager and Directors, along with staff from Corporate, Operations and Strategy & Environment have contributed to the structure and content of the Project Status Report.

 

Summary

On 14 May 2019, Council resolved to extend the project status reporting timeframe from monthly to  quarterly.

The Project Status Report has been prepared based on the following criteria:

 

·    Capital projects delivering community/public infrastructure;

·    Threshold applied to total budget per project – greater than or equal to $250k;

·    No operational projects are included; and

·    Any specific project that Councillors wish to be included in the report.

 

In accordance with Council’s resolution the attached report is for the period February, March, and April 2024

 

Recommendation:

 

A.   That Council receive and note the Project Status Report for February, March and April 2024.

 

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

 

 

 

 

 

 

 

Peter Lichaa

Manager Technical Services

 

 

 

 

Amanda Halcrow

PA to Director Operations

 

 

Attachments:

A1

Project Status Report - February - April 2024

 

2024/159950

 

 


ATTACHMENT No: 1 - Project Status Report - February - April 2024

 

Item No: GB.8

 





 

Ordinary Meeting of Council - 21 May 2024

GB.9 / 1

 

 

Item GB.9

S12227

 

 

No net loss of tree canopy

 

 

EXECUTIVE SUMMARY

 

 

purpose of report:

Report back as per NM.5 of the OMC of 19 March, which resolved that, Council reports back by May 2024 on the feasibility of:

 

A.   Amending the KDCP to achieve no net loss of canopy area at maturity and seek to achieve a net gain, including some quantification of the historical change in canopy area pre and post development (at maturity) for different types of development.

B.   Adopting a policy of 'achieving a net gain' of canopy area and under-storey vegetation during material changes to Council-owned land; and

C.   A system with supporting marketing to promote and supply resident planting of locally indigenous trees and vegetation across all storeys, from an ecosystem to suit their site-specific soils and initially targeting green corridors.

 

 

 

background:

At the OMC of 19 March 2024, Council considered NM.5 on ‘No net loss of tree canopy’. The motion resolved that Council report back by May 2024 on the feasibility of 3 proposals.

 

 

comments:

The feasibility of the 3 elements referred to in NM.5 of the OMC from 19 March have been considered and now reported back to Council The proposals are multifaceted and complex and while this report provides preliminary feasibility assessment for each component, additional assessment and consultation will be required, particularly for part A and B which respectively relate to amendments to the KDCP and a Policy for “achieving a net gain” on Council owned land. 

 

 

recommendation:

(Refer to the full Recommendation at the end of this report)

That Council receive and note this report.

That possible future amendments to the Ku-ring-gai DCP be investigated as part of the Urban Forest Canopy Loss Analysis in Ku-ring-gai Local Government Area project.

 

 


  

Purpose of Report

Report back as per NM.5 of the OMC of 19 March, which resolved that, Council reports back by May 2024 on the feasibility of:

 

A.   Amending the KDCP to achieve no net loss of canopy area at maturity and seek to achieve a net gain, including some quantification of the historical change in canopy area pre and post development (at maturity) for different types of development.

B.   Adopting a policy of 'achieving a net gain' of canopy area and under-storey vegetation during material changes to Council-owned land; and

C.   A system with supporting marketing to promote and supply resident planting of locally indigenous trees and vegetation across all storeys, from an ecosystem to suit their site-specific soils and initially targeting green corridors.

 

 

Background

At the OMC of 19 March 2024, Council considered the Notice of Motion .5 on ‘No net loss of tree canopy’ and resolved to report back by May 2024 on the feasibility of 3 proposals. The motion is included as attachment 1 to this report and provided in full below:

 

MOTION TO PROTECT AND ENHANCE THE TREE CANOPY IN KU-RING-GAI

 

Notice of Motion from Councillors A.Taylor, G.Taylor and Lennon dated 1 March 2024

 

Trees and vegetation are an important part of a healthy lifestyle and Ku-ring-gai’s cultural identity and are valued greatly by our community. Council is focused on protecting and enhancing the urban forest to ensure this unique character and established canopy cover is preserved and improved for future generations. This includes working with the community to protect trees and our canopy, including increased scrutiny of building works, monitoring any illegal tree removal and enforcing penalties and replacement orders.

 

Ku-ring-gai has a current canopy cover of 45% and an ambitious target for its tree canopy to grow to 49% by 2036. However, most of the trees in Ku-ring-gai stand on private land. Mature trees are protected by the Ku-ring-gai Development Control Plan (KDCP) through a ‘no net loss’ principle - development applications are assessed and modified to ensure that any trees requiring removal are replaced with similar species on site. Despite this policy Ku-ring-gai’s tree canopy continues to shrink.

 

We, therefore, move that Council reports back by May 2024 on the feasibility of:

 

A.   Amending the KDCP to achieve no net loss of canopy area at maturity and seek to achieve a net gain, including some quantification of the historical change in canopy area pre and post development (at maturity) for different types of development

B.   Adopting a policy of 'achieving a net gain' of canopy area and under-storey vegetation during material changes to Council-owned land

C.   A system with supporting marketing to promote and supply resident planting of locally indigenous trees and vegetation across all storeys, from an ecosystem to suit their site-specific soils and initially targeting green corridors

 

For this report each Parts (A,B and C) have been considered separately.

 

In relation to Part A and specifically the proposed KDCP amendment, this report provides a preliminary assessment of the feasibility of the amendment noting the intention to ‘achieve no net loss of canopy area at maturity and seek to achieve a net gain’.

 

To further understand the feasibility of Council controls to achieve a net gain, Council have also recently commissioned a report on ‘Urban Forest Canopy Loss Analysis in Ku-ring-gai Local Government Area’ which will provide a more in-depth assessment of what mechanisms are available to Council and which controls have proven successful within other Local Government Areas (LGAs).

 

The objective of the ‘Urban Forest Canopy Loss Analysis in Ku-ring-gai Local Government Area’ is to provide an in-depth analysis of the mechanisms driving canopy loss on private land in the Ku-ring-gai Local Government Area. The project will examine the circumstances around tree removal, identify weak points in current practices, benchmark against similar LGAs, and propose strategies and actions to prevent canopy loss.

 

The second element of Part A of NM.5, ‘quantification of the historical change in canopy area pre and post development (at maturity) for different types of development’ is dealt with using data and examples from the Urban Forest Strategy (UFS). This too however will require further analysis and forms part of the Urban Forest monitoring program.

 

In relation to Part B of NM.5, ‘Adopting a policy of 'achieving a net gain' of canopy area and under-storey vegetation during material changes to Council-owned land’, this report focuses on Council’s Environmental Impact Assessment guidelines which guides assessment and offset for Council projects. Potential amendments and opportunities to improve the outcomes of council projects in relation to canopy loss (with the intention of net gain) are discussed.

 

In relation to Part C of NM.5 ‘A system with supporting marketing to promote and supply resident planting of locally indigenous trees and vegetation across all storeys, from an ecosystem to suit their site-specific soils and initially targeting green corridors’ this report highlights some of the existing programs and potential future opportunities and challenges for the community nursery and our greenstyle programs which are run through the Environment and Sustainability Business Unit within Environment and Strategy Department.

 

Comments

Council has broadly considered the feasibility of the 3 elements referred to in NM.5 of the OMC from 19 March and report these back to Council. The proposals are multifaceted and complex and while this report provides preliminary feasibility assessment for each component, additional assessment and consultation will be required, particularly for part A and B which respectively relate to amendments to the KDCP and a Policy for “achieving a net gain” on Council owned land. 

 

Consideration on the feasibility of each section of the NoM is outlined below.

 

1.  Amending the KDCP to achieve no net loss of canopy area at maturity and seek to achieve a net gain, including some quantification of the historical change in canopy area pre and post development (at maturity) for different types of development.

 

The feasibility of ‘amending the KDCP to achieve no net loss of canopy area at maturity and seek to achieve a net gain’ needs to consider the purpose and application of the KDCP in development and canopy management throughout the LGA. In particular, the ‘strength’ i.e. the effective enforcement, and the ‘scope’ i.e. the activities to which the controls apply. Both the strength and scope have a large impact on whether amending the controls will result in tangible benefit being feasible. 

 

Discussion on the strength and scope of the KDCP

 

The Ku-ring-gai Development Control Plan (KDCP) serves as a supplementary planning document to the Ku-ring-gai Local Environmental Plan (KLEP). It holds a “guideline” status and its primary role is to provide detailed planning and design guidance for development within the local government area. 

 

While the KDCP plays a critical role in guiding development and ensuring consistency with local planning objectives, it has limitations in terms of its legal authority and scope of application. It operates within the broader framework of planning legislation and regulations and must be applied in conjunction with other planning instruments and assessment processes.

 

DCPs cannot override Environmental Planning Instruments, such as Local Environmental Plans (LEPs) and State Environmental planning Policies (SEPPs), which are legally binding. DCPs are non-statutory documents, whereas LEPs and SEPPs are statutory instruments established under the Environmental Planning and Assessment Act 1979 and carry legal force. In addition, a DCP cannot conflict with the requirements of other relevant Acts such as the Biodiversity Conservation Act.

 

The KDCP contains multiple definitions, objectives and controls that seek tree retention and increase in tree provision; however, it is recognised that these requirements cannot be applied consistently across the LGA due to the multiple planning instruments that relate to different types of development, each instrument having their own (lesser) considerations of the requirement for tree planting and retention.

 

For example, development (single dwellings, town houses) carried out as Complying Development under a SEPP has no obligation to apply the KDCP controls; and, development carried out on and near bushfire prone land has no obligation to provide the KDCP specified trees and vegetation in areas where the 10/50 Vegetation Clearing Scheme entitlement exists.

 

In addition, the recent housing policy reforms provide for extremely limited deep soil provisions and standard minimum distances to trees (instead of a TPZ based distance), both of which will negate the ability to provide tall canopy trees on the proposed dual occupancy sites or manor houses (two-storey residential flat buildings with no minimum unit number). The deep soil and communal open space (supporting tree planting) that the KDCP enlists on larger residential flat building sites and mixed-use building podiums will also be nullified  by the standards of the SEPP housing reforms.

 

The KDCP will not apply at all to development under the recently made TOD Housing SEPP controls in Roseville, Lindfield, Killara and Gordon. At this stage, it is unknown if the KDCP will apply to future development under the State Government’s proposed Low and Mid-rise Housing SEPP provisions.

 

The KDCP provides guidance on delivering quality and considered development and only comes into play where there is a ‘development’ application (DA) under the KLEP. A DA has to navigate the many competing requirements regarding development, and Council’s assessment must be balanced, fair and defensible in NSW Land & Environment Court. The KDCP cannot be overly restrictive and prevent development on private land unless the reasons can be defended in Court. Court cases that are lost set clear and public negative precedent for future similar challenge, and consequently undermine the value of the KDCP. Therefore, the controls that are included in the KDCP must be realistic and achievable.

 

Further, it is important to ensure that any new controls are enforceable. This is important when considering ‘canopy area at maturity’. A tree’s potential growth depends on many factors and it is unclear how ‘canopy area at maturity’ would be measured at DA stage, although an average canopy spread for some species is likely available within the scientific literature. Operationally, it is unclear how much Council’s compliance and operations teams are able to monitor and then enforce breaches of the tree and landscaping aspects of development approvals and other tree removal and tree decline. To clarify this, discussions will be required with the Compliance and Operations teams to determine their ability and resources to conduct this level of scrutiny.

 

Current DCP Controls

 

Currently only trees removed under KDCP PART 13 TREE AND VEGETATION PRESERVATION (Tree permit removals) need to be directly replaced and, there is no specific DCP ‘offset measure’ provided for this. Offset requirements are at Council officer discretion.

 

Landscaping provisions in Council’s DCP currently do not have controls requiring specific replacement of trees removed. Rather, lots are required to support a minimum number of large trees. This ensures that a trigger for planting of large trees is not dependant on tree removal to begin with.

 

For example: Part 4 DWELLING HOUSES 4A.4 Landscaping, includes:

 

Tree replenishment and planting

 

2.   All lots are to support a minimum number of trees capable of attaining a minimum height of 13m on shale and transitional soils and 10m on sandstone derived soils as per the table below. Council may in special circumstances, consider the reduction of this standard.

 

Lot size

Number of trees

Less than 850m2

3

850m2 to 1,000m2

5

1,001 m2 to 1,500m2

7

Over 1,500m2

10 or as directed

 

3.   Landscaping is to include tall trees, small trees, shrubs and ground covers. Continuous rows of monoculture planting and high hedging to boundaries is to be avoided.

 

In areas identified as part of Council’s Biodiversity Mapping (GreenWeb Map), controls for protection and offsetting requirements are outlined in Part 18 BIODIVERSITY. This section outlines specific consideration for development impacting these areas and includes objects to protect, restore and enhance biodiversity values (noting canopy extent is not a specific measure of biodiversity value). Part 18.7 provides the considerations for offsetting (where unavoidable) in order to achieve no net loss (and overall improvement to biodiversity). This does not directly relate to canopy area.

 

Potential amendment/s to the KDCP

 

The following KDCP amendment could support the intention to “achieve no net loss, and where possible a net gain, of canopy area on maturity” noting that it will only apply to tree and vegetation removal outside of a DA.

 

PART 13 - TREE AND VEGETATION PRESERVATION

PART

DCP EXISTING

PROPOSED AMENDMENT

13.4

Control 5

Council will require the planting of replacement trees and/or vegetation and may specify the number, species, provenance, location and stock size of the replacement trees and vegetation.

Control 5

Council will require the planting of replacement trees and/or vegetation and may specify the number, species, provenance, location and stock size of the replacement trees and vegetation to achieve no net loss, and where possible a net gain, of canopy area on maturity.

 

 

New Objective

To conserve and enhance the tree canopy.

 

Control 6

In a mapped biodiversity area, trees and vegetation are to be replaced with suitable species from the ecological community.

 

Note: Refer to the Ku-ring-gai Council Tree Replacement Planting List.

 

Note: Check the Ku-ring-gai Local Environmental Plan 2015 Biodiversity Mapping on Council’s website Map Viewer.

 

 

Additional definitions are proposed to be included within the KDCP to clarify the meaning of “canopy” and “canopy cover” to avoid dispute on what level of tree is considered as contributing to canopy.

 

Additional definitions proposed to be included in the KDCP

 

Canopy

Tree canopy refers to the uppermost branches of the trees, forming a more or less continuous layer of foliage, from all plants above 3m.

 

 

 

 

Canopy cover

Canopy cover is a measure of the extent of canopy over a specific area. It is typically measured as a percentage of the total land area to determine the existing tree canopy cover and to understand changes over time.

 

The above amendment is just an example of how the KDCP could be strengthened in line with the intention of NM.5. During the Urban Forest Canopy Loss Analysis in Ku-ring-gai Local Government Area project which will commence shortly, the above amendment, as well as any others identified through a benchmarking of other local government areas will be considered. Where an amendment is considered likely to offer a benefit in terms of tree protection, it will be formally presented to council for adoption within the a future amendment of the  KDCP.

 

Quantification of the historical change in canopy area pre and post development (at maturity) for different types of development

 

Quantifying the impact for different development types, using zones and as proxy for development type was completed for the Urban Forest Strategy (UFS) and will continue to be monitored and analysed through the UFS monitoring program. It is important to note that land zoned for residential development needs to allow development. Generally, the more intense the development the less space is available for canopy trees, particularly tall canopy species. This is demonstrated in figure 1 below, which shows canopy cover of each land zone in Ku-ring-gai Council and highlights the relationship between development intensity and canopy coverage.

 

 

Figure 1: Canopy cover of each land zone in Ku-ring-gai Council by percentage of total land zone area (image from Urban Forest Monitoring Report 2020).

Also important to note is that the above graph is the entire picture because controls on development related to canopy take time to be realised. For example, where a development in a particular zone clear fells the site for construction but was required to include deep soil plantings, these plantings and the resultant canopy will not be evident for several years post construction.

 

Currently if a DA is received for a new dwelling house on a 900m2 lot that has no existing canopy, the landscaping provisions state that at least 5 canopy trees need to be established, which will result in an increase in canopy on the site. However, if the development can be completed under the CODES SEPP, Council’s landscaping provisions are not applicable.

 

If a DA is received for a new dwelling house on a 900m2 lot that has existing canopy, comprised of 10 trees of varying size, and 3 are required to be removed to facilitate the development, the landscaping provisions are met (in fact exceeded) by the remaining 7 trees on site. Therefore, there may not be a requirement to establish any more canopy on the site. Whether this results in a loss of canopy area will depend on the size and location of the 3 trees removed.

 

In addition to the analysis by zone, a number of case studies looking at the impact of development types on the canopy were completed as part of the UFS. These are included as Attachment A2 to this report. 

 

Overall, increases in housing density and provision of secondary dwellings to meet housing reform objectives leads to an increase of developed area and a reduction in deep soil areas that can safely maintain trees that provide for a large canopy.

 

Further analysis of particular development types and how they impact on canopy will continue to be conducted through the UFS monitoring project and the Urban Forest Canopy Loss Analysis in Ku-ring-gai Local Government Area’ project.

 

Adopting a policy of 'achieving a net gain' of canopy area and under-storey vegetation during material changes to Council-owned land

 

All of Council’s new works and development activities are carried out according to council’s internal Environmental Impact Assessment guidelines for council activities. Ku-ring-gai Council has a standardised and transparent framework for offsetting residual biodiversity impacts on trees, native vegetation or habitat on Council owned or care control and managed lands, conducted under Division 5.1 or exempt development activities within the EP&A Act. Ku-ring-gai’s offsetting principles are:

 

Principle 1: Avoid, minimise, and mitigate

Principle 2: Improve or maintain overall biodiversity or canopy cover

Principle 3: Like-for-like

Principle 4: Supplement existing protection and management

Principle 5: Enforceability   

Principle 6: The precautionary principle

Principle 7: Long term viability

 

Where works cannot avoid impact to trees or vegetation, council currently applies the following offset ratios:

 

Criteria

Offset ratio

Dead or non-protected (those exempt species, etc) trees

1:1

Removal of non-native or non-local trees

2:1

Removal of non-native or non-local trees – Large / significant trees [due to the presence of habitat (e.g. a hollow), provision of food for wildlife, and / or exceptional form or size].

3:1

Removal of scattered native / remnant trees (native mid and understorey absent or reduced to scattered clumps and individual plants )

3:1

 

Removal of scattered native / remnant trees (native mid and understorey absent or reduced to scattered clumps and individual plants) - Scattered trees include large remnant natives with a higher habitat value or resilience of area is determined to be moderate / high.

4:1

Removal within mostly intact overstorey vegetation, considerable weed infestation amongst the understorey

5:1

Removal within mostly intact overstorey vegetation, moderate weed infestation amongst the understorey.

6:1

Removal within mostly intact overstorey, mid and / or understorey vegetation (the original vegetation is still dominant).

Weed infestation is low to moderate and / or no evidence of regeneration.

8:1

Removal within intact vegetation - canopy, midstorey and understorey in good condition (the original vegetation is still dominant).

Weed infestation is low and evidence of regeneration.

10:1

 

Adopting a formal offsetting policy that applies to all types of development (not just Council) will help to ensure that there is not net loss of canopy into the future.

 

A policy aiming for 'achieving a net gain' of canopy area and under-storey vegetation will be hard to achieve in many circumstances, given the many constraints that exist within the urban landscape. However there is definitely scope for council works to continue to apply the “Improve or maintain overall biodiversity or canopy cover”  principle/objective and have it incorporated into a Council adopted offset policy.

 

Council will continue to identify opportunities to increase biodiversity through programs such as verge gardens, woody meadows, tiny forests and street tree replenishment in an effort to increase canopy cover across the LGA.

 

A system with supporting marketing to promote and supply resident planting of locally indigenous trees and vegetation across all storeys, from an ecosystem to suit their site-specific soils and initially targeting green corridors

 

Council recognises the important role that residents and private property play in the retention and enhancement of the LGAs canopy. Programs which support residents in planting private property are a key component of our environment and education program and are supported through the community nursery and greenstyle programs.

 

After consideration of the NoM and internal consultation around our existing program and opportunities for improvement, a trilateral approach is being proposed:

 

1.   Improved information on Council’s website.

 

A dedicated webpage could be published to promote the protection and enhancement of indigenous vegetation on residential land. This would provide information to assist residents in selecting suitable species for planting alongside general advice regarding garden and bushland maintenance and habitat enhancement. Production and promotion of such a webpage is feasible in the short term with existing resources.

 

2.   Land stewardship consultations.

 

Council’s existing Greenstyle Gardens program is delivered through the Environment & Sustainability business unit and currently offers a limited number of garden consultations each year, providing tailored, site-specific advice to support residents in improving biodiversity and sustainability outcomes on their land. This program could be adapted and expanded to encourage further indigenous plantings on residential land in targeted areas.

 

Consultations could be prioritised for properties identified on the LEP ‘Terrestrial Biodiversity’ mapping. Introducing this allocation system will ensure the delivery of resource-intensive tailored advice is focussed in areas of environmental sensitivity and areas where stewardship of land has higher potential environmental benefits.

 

The primary factor limiting the feasibility of this strategy is budget allocations for staffing consultations. Current budget allocations allow for up to 35 consultations annually. This could be scaled with additional funding. An annual budget increase of $10,000 would enable delivery of approximately 100 land stewardship consultations per year.

 

Factors such as bushfire safety concerns and the potential for plantings to restrict future permissible uses of the land may reduce residents’ willingness to increase vegetation cover. This can be addressed through the provision of full and reliable information including about lower-risk species for planting.

 

A range of constraints inherent to certain land parcels such as development controls, limited availability of space for planting, and altered soil profiles may influence and limit species selections for planting. Such factors are identified during direct consultation and strategies to increase vegetation cover and/or improve biodiversity values within site constraints are suggested. 

 

An important factor potentially limiting the planting of indigenous vegetation on residential land is the availability of such plants. This is discussed further in the following section.

 

3.   Increased nursery production.

 

Council’s nursery at 430 Mona Vale Rd produces plants for use in revegetation projects and threatened species conservation projects, as well as for sale at the Ku-ring-gai Wildflower Gardens retail nursery. A small quantity (approximately 1500 per year) are provided to residents at citizenship ceremonies, community events, and to Greenstyle Garden clients.

 

All plants produced by the nursery for revegetation projects or given away, are indigenous species of local provenance, and most of these species are not readily available commercially. The nursery therefore has an important role in securing Ku-ring-gai’s biodiversity.

 

With increased nursery production more plants could be made available to residents either for free or at a subsidised price, incentivising residents to plant indigenous species. The supply of plants to land stewardship consultation clients could also provide an incentive for residents to engage with that program.

 

Nursery production is currently at capacity and is constrained by limited facilities and staffing resources. An increase in nursery production would require additional fenced and irrigated hardstand areas at the site, which is not currently funded.

 

Existing staffing resources include approximately 21 hours per week from qualified nursery officers and approximately 18 hours per week from environmental programs volunteers. An increase in nursery production would require additional staffing resources, a significant portion of which could be volunteer labour. Additional paid staff hours are not currently funded.

 

integrated planning and reporting

PLACES, SPACES AND INFRASTRUCTURE

 

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

 

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.

 

P1.1.1.7: Oversee and monitor the implementation of the Urban Forest Strategy

 

N1: Appreciating Ku-ring-gai’s unique natural environment Long-Term Objective N1.1: A community empowered with knowledge, learning and information that drives participation in activities that benefit the environment.

N1.1.1: The community has an enhanced appreciation of the value of the natural environment, local environmental issues and impacts

N1.1.1.1: Utilise a variety of communication mechanisms and channels for different target groups to deliver environmental information.

 

Governance Matters

The Ku-ring-gai Development Control Plan (KDCP) serves as a supplementary planning document to the Ku-ring-gai Local Environmental Plan (KLEP). It holds a “guideline” status and its primary role is to provide detailed planning and design guidance for development within the local government area. 

 

Feasibility of amendments to the KDCP will be identified through rigorous analysis and any amendments to the DCP will have to be consulted internally, and then proposed to Council for adoption.

 

Risk Management

Risk associated with planning controls and will be managed through internal consultation to ensure effectiveness and consistency.

 

Financial Considerations

Whilst there are no direct financial considerations associated with this report, many of the programs and objectives referred to, particularly in regard to part C and the ‘system with supporting marketing to promote and supply resident planting of locally indigenous trees and vegetation across all storeys, from an ecosystem to suit their site-specific soils and initially targeting green corridors’ are supported through the environmental levy.

 

Social Considerations

Any program or DCP amendments related to this report will be consulted as required.

 

Environmental Considerations

Environmental considerations are central to the UFS and associated strategies.

 

Community Consultation

Any program or DCP amendments related to this report will be consulted as required.

 

Internal Consultation

This report was discussed internally with relevant section of Council including Environment and Sustainability, Urban Planning, Landscape and Ecological Assessment and Tree Management.

 

Summary

At the OMC of 19 March 2024, Council considered a NM.5 on ‘No net loss of tree canopy’. The motion resolved that council report back by May 2024 on the feasibility of 3 proposals.

 

A.   Amending the KDCP to achieve no net loss of canopy area at maturity and seek to achieve a net gain, including some quantification of the historical change in canopy area pre and post development (at maturity) for different types of development.

B.   Adopting a policy of 'achieving a net gain' of canopy area and under-storey vegetation during material changes to Council-owned land

C.   A system with supporting marketing to promote and supply resident planting of locally indigenous trees and vegetation across all storeys, from an ecosystem to suit their site-specific soils and initially targeting green corridors.

 

Council has broadly considered the feasibility of the 3 elements referred to in NM.5 of the OMC from 19 March and reported these back to Council in this report with each component of the motion considered.

 

In relation to Part A, an example of an amendment to 13.4 has been demonstrated with its limitations and feasibility discussed. Some quantification of the historical change in canopy area pre and post development has been included in the report and additional examples are included as Attachment A2.

 

In relation to Part B, the report has outlined council’s existing Environmental Impact Assessment guidelines and referred to the underlying offsetting principles, which are:

 

Principle 1: Avoid, minimise, and mitigate.

Principle 2: Improve or maintain overall biodiversity or canopy cover.

Principle 3: Like-for-like

Principle 4: Supplement existing protection and management

Principle 5: Enforceability   

Principle 6: The precautionary principle

Principle 7: Long term viability

 

The feasibility of a broader Offset Policy is discussed and will continue to be discussed internally.

 

Council have recently commissioned a report on ‘Urban Forest Canopy Loss Analysis in Ku-ring-gai Local Government Area’ which will further consider each of the components highlighted in this report. The objective of the ‘Urban Forest Canopy Loss Analysis in Ku-ring-gai Local Government Area’ is to provide an in-depth analysis of the mechanisms driving canopy loss on private land in the Ku-ring-gai Local Government Area. The project will examine the circumstances around tree removal, identify weak points in current practices, benchmark against similar LGAs, and propose strategies and actions to prevent canopy loss.

 

In relation to Part C, this report has detailed some of the relevant programs delivered through the environment and sustainability section of council and identified areas for improvement and expansion. These will be considered through the budget cycle for additional resourcing where required.

 

Recommendation:

 

A.   That Council receive and note this report.

 

B.   That possible future amendments to the Ku-ring-gai DCP be investigated as part of the Urban Forest Canopy Loss Analysis in Ku-ring-gai Local Government Area project.

 

 

 

Jacob Sife

Manager Environment & Sustainability

 

 

Sophia Findlay

Natural Areas Team Leader

 

 

Sybylla Brown

Natural Areas Program Leader

 

 

Rathna Rana

Senior Urban Planner

 

 

Craige Wyse

Team Leader Urban Planning

 

 

Antony Fabbro

Manager Urban & Heritage Planning

 

 

Andrew Watson

Director Strategy & Environment

 

 

 

 

Attachments:

A1

NM.5 OMC 1 March 2024 - Motion to protect and enhance the tree canopy in Ku-ring-gai

 

2024/107418

 

A2

UFS Case Studies on particular development types

 

2024/159798

 

 


ATTACHMENT No: 1 - NM.5 OMC 1 March 2024 - Motion to protect and enhance the tree canopy in Ku-ring-gai

 

Item No: GB.9

 


ATTACHMENT No: 2 - UFS Case Studies on particular development types

 

Item No: GB.9

 





 

Ordinary Meeting of Council - 21 May 2024

GB.10 / 1

 

 

Item GB.10

S14395

 

 

 

Planning Proposal 17a Edward Street, Gordon - Consideration of Submissions

 

 

EXECUTIVE SUMMARY

 

 

purpose of report:

For Council to consider the submissions received during the public exhibition of the Planning Proposal to heritage list 17a Edward Street, Gordon.

 

 

background:

On 21 March 2023 Council resolved to request an Interim Heritage Order to be made by the Minister for Heritage. On 28 April 2024 the Interim Heritage Order was made to enable Council to investigate the property’s heritage significance.

Council commissioned HeriCon Consultants to undertake a heritage assessment for the property. Their assessment determines that the property has sufficient heritage significance to warrant listing as a local heritage item.

At OMC 21 November 2023 Council resolved to prepare a Planning Proposal to heritage list 17a Edward Street, Gordon.

A Gateway Determination was issued by the Department of Planning, Housing and Infrastructure on 8 March 2024 which enabled the Planning Proposal to be publicly exhibited.

 

 

comments:

The Planning Proposal was publicly exhibited from Friday, 22 March – Friday, 12 April 2024.

3 submissions were received from the community in response to the public exhibition.

 

 

recommendation:

(Refer to the full Recommendation at the end of this report)

That Council resolves to make the plan under Section 3.36 of the Environmental Planning and Assessment Act 1979.

 

 


  

Purpose of Report

For Council to consider the submissions received during the public exhibition of the Planning Proposal to heritage list 17a Edward Street, Gordon.

 

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

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, Council’s Heritage Reference Committee (HRC) resolved that the HRC advise Council to request the NSW Minister for Heritage to place an Interim Heritage Order (IHO) on the site.

 

On 21 March 2023, Council resolved to request the Minister for Heritage to place an IHO on the site under section 24 of the Heritage Act 1977. On 28 April 2023, the IHO was published in the NSW Government Gazette (Attachment A1). The order is in effect for 12 months to enable Council to investigate the property’s heritage significance and listing.

 

Council commissioned HeriCon Consultants to undertake a heritage assessment for the property. Their assessment (Attachment A2) determines that the property has sufficient heritage significance to warrant listing as a local heritage item.

 

At OMC 21 November 2023 Council resolved to prepare a Planning Proposal to heritage list 17a Edward Street, Gordon. The Council report and resolution from November 2023 OMC is included at Attachment A3 and the Planning Proposal is included at Attachment A4.

A Gateway Determination (Attachment A5) was issued by the Department of Planning, Housing and Infrastructure on 8 March 2024 which enabled the Planning Proposal to be publicly exhibited.

 

Comments

The Planning Proposal was placed on public exhibition in accordance with the requirements of the Gateway Determination and the Ku-ring-gai Community Participation Plan between 22 March 2024 – 12 April 2024.

 

A total of three (3) submissions were received from the community during the public exhibition. A Submission Summary table is included at Attachment A6.

 

All three (3) submissions received were not in support of the Planning Proposal, and raised matters such as:

 

·    House is not visible from street;

·    existing development within street and potential future development under State Government planning reforms;

·    unfair process;

·    devaluing property; and

·    not good example of architecture.

 

The independent heritage assessment by Hericon Consulting was undertaken in line with NSW Heritage Council standards, including assessment of the documentary, physical and comparative evidence. The assessment concludes that the property meets the NSW Heritage Council criteria for local heritage listing as an important Colonial Revival style house in Ku-ring-gai, which is rare. The assessed significance does not rely on the streetscape presentation or surrounding development.

 

Council has an obligation to identify places of heritage significance. The owners and public have been notified and consulted with due process as set out the Heritage Act 1977 and the Environmental Planning and Assessment Act 1979.

 

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

 

P5.1.1 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 preparation and implementation of Planning Proposals is governed by the provisions within the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000.

 

Under the Ministerial Direction Local Planning Panels Direction – Planning Proposals and the delegations granted to the General Manager, this matter was not required to be referred to Ku-ring-gai Local Planning Panel on the basis the proposal will not have any significant adverse impact on the environment or adjoining land.

 

The Gateway Determination issued by the Department of Planning, Housing and Infrastructure on 8 March 2024, considered the nature of the Planning Proposal and conditioned the Gateway Determination for Council to be authorised as the Planning Proposal Authority. Council can resolve to make the plan in accordance with section 3.36(2) of the EP&A Act and liaise with Parliamentary Counsel’s Office (PCO) to draft the required Local Environmental Plan to give effect to the Planning Proposal, as well as the Ministers function in making the plan.

 

Risk Management

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

 

Financial Considerations

The cost of preparing this report is covered by the Urban Planning & Heritage Budget – Strategy and Environment Department.

 

Social Considerations

The identification and protection of Ku-ring-gai’s heritage places contributes to the ongoing conservation of Ku-ring-gai’s historic landscape and the garden suburbs that are valued by the community.

 

Environmental Considerations

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

 

Community Consultation

The Planning Proposal was placed on public exhibition from 22 March 2024 – 12 April 2024 in accordance with the requirements of the Gateway determination and Ku-ring-gai’s Community Participation Plan.

 

The affected property owners and 52 adjoining property owners were notified of the public exhibition in writing and had the opportunity to provide feedback during the formal exhibition period.

 

The Planning Proposal and supporting information was made available on Council’s website and was available to be viewed at the customer service desk in accordance with Ku-ring-gai’s Community Participation Plan.

 

As a result of the public exhibition, a total of three (3) submissions were received from the community.

 

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

 

Internal Consultation

Consultation with the relevant internal sections of Council has been undertaken where required for this report, in particular, Development and Regulation. Council’s Heritage Reference Committee supported the Interim Heritage Order in February 2023.

 

Summary

On 21 November 2023 Council resolved to prepare a Planning Proposal to heritage list 17a Edward Street, Gordon as a local heritage item in Schedule 5 of the Ku-ring-gai Local Environmental Plan 2015.

 

A Gateway Determination was issued by the Department of Planning, Housing and Infrastructure on 8 March 2024. The Planning Proposal was placed on public exhibition from 22 March – 12 April 2024 in accordance with the requirements of the Gateway Determination and Ku-ring-gai Community Participation Plan.

 

Three (3) submissions were received from the community.

 

It is recommended that Council proceeds with the Planning Proposal to heritage list 17a Edward Street, Gordon.

 

Recommendation:

 

A.   That Council adopt the Planning Proposal to include 17a Edward Street, Gordon as local heritage items in Schedule 5 of Ku-ring-gai Local Environmental Plan2015.

 

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

 

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

 

 

 

Alexandra Plumb

Urban Planner

 

 

Claudine Loffi

Heritage Specialist Planner

 

 

Craige Wyse

Team Leader Urban Planning

 

 

Antony Fabbro

Manager Urban & Heritage Planning

 

 

Andrew Watson

Director Strategy & Environment

 

 

 

 

Attachments:

A1

IHO Documents - 17a Edward Street, Gordon

 

2023/380368

 

A2

Heritage Assessment - 17A Edward Street Gordon - HeriCon Consulting - final - September 2023

 

2023/304441

 

A3

OMC Report and Resolution 21 November 2023 - 17a Edward Street, Gordon

 

2023/380359

 

A4

Exhibition Version - Planning Proposal to Heritage List Denholm, 17A Edward Street, Gordon

 

2024/084108

 

A5

Gateway determination - PP-2023-2739 - 17a Edward Street, Gordon

 

2024/078891

 

A6

SUBMISSION SUMMARY TABLE - For Council Report - Consideration of Submissions - 17a Edward Street, Gordon

 

2024/131694

 

 


ATTACHMENT No: 1 - IHO Documents - 17a Edward Street, Gordon

 

Item No: GB.10

 





ATTACHMENT No: 2 - Heritage Assessment - 17A Edward Street Gordon - HeriCon Consulting - final - September 2023

 

Item No: GB.10

 
























































ATTACHMENT No: 3 - OMC Report and Resolution 21 November 2023 - 17a Edward Street, Gordon

 

Item No: GB.10

 











ATTACHMENT No: 4 - Exhibition Version - Planning Proposal to Heritage List Denholm, 17A Edward Street, Gordon

 

Item No: GB.10

 









































ATTACHMENT No: 5 - Gateway determination - PP-2023-2739 - 17a Edward Street, Gordon

 

Item No: GB.10

 



ATTACHMENT No: 6 - SUBMISSION SUMMARY TABLE - For Council Report - Consideration of Submissions - 17a Edward Street, Gordon

 

Item No: GB.10

 


 


 

Ordinary Meeting of Council - 21 May 2024

NM.1 / 1

 

 

Item NM.1

S12062

 

 

 

Notice of Motion

 

 

Marian Street Theatre, Lindfield Library

  

 

Notice of Motion from Councillor Lennon dated 2 May 2024

 

Council owns the land on which the Lindfield Library stands. That land also provides space for the Ku-ring-gai Youth Development Service (KYDS), a senior citizens centre, accommodation, car parking, and lawns. If Council resolves to sell that land, it would ensure that it provides replacement library, KYDS, and senior citizen facilities, with parking.

 

On 14 February 2023, Council resolved at GB.1:

C. The required proceeds from the future sale of the existing Lindfield Library will be quarantined and dedicated to the Lindfield Village Hub project.

 

As a result of the state government (through Transport for New South Wales) in November 2023 withdrawing $9.8 million funding for additional commuter car parking in Ku-ring-gai, the Lindfield Village Hub might not proceed at this time.

 

Council has not previously sought federal government, New South Wales state government, philanthropic, or community funding for the repairs and/or construction necessary to re-open the Marian Street Theatre as a functional professional theatre.

 

I, therefore, move that:

 

A.   Council explore federal government, New South Wales state government, philanthropic, and community funding for the repairs and/or construction necessary to re-open the Marian Street Theatre as a functional professional theatre.

B.   If Council resolves to sell the Lindfield Library site, Council apply such of the proceeds of any sale of the Lindfield Library site as are necessary to fund the redevelopment of the Marian Street Theatre, after setting aside:

i.    any amount required for the Lindfield Village Hub, and

ii.   if the Lindfield Village Hub does not proceed or proceeds without a replacement library, any other amount required to establish a new Lindfield library and to replace the other community facilities that Council currently provides on the Lindfield Library site.

 

Recommendation:

 

That the above Notice of Motion as printed be adopted.

 

 

Councillor Simon Lennon

Councillor for Gordon Ward

 

 

 

 


 

Ordinary Meeting of Council - 21 May 2024

NM.2 / 1

 

 

Item NM.2

CY00438/12

 

 

 

Notice of Motion

 

 

Updating the Code of Meeting Practice to improve the accessibility and transparency of our public forums and take action on urgent issues

  

 

Notice of Motion from Councillor Kay dated 2 May 2024

 

Ku-ring-gai Council is committed to principles of good governance: transparency, accessibility, and accountability. We recognise the crucial role of community engagement in the democratic process.

 

As councillors are elected by their communities to make decisions on their behalf, it is important that the community can see this decision-making in action and understand how and why decisions are made. Live streaming of council meetings assists with this (see the NSW Office of Local Government’s Guide to Webcasting Council and Committee Meetings 2021).

 

By further leveraging this technology, we propose livestreaming public forums as well. This would extend participation beyond the physical council chambers, making these forums accessible to all, regardless of physical limitations, geographic location, or scheduling constraints.

 

Livestreaming not only broadens engagement by offering a real-time view into council operations, but also promotes greater public confidence in the integrity of our processes. It ensures that council decisions and the decision-making process are open and visible to the community, reinforcing our dedication to transparency and ensuring the community's voice is heard.

 

This approach will also provide a reliable record of discussions and decisions. It curtails the spread of misinformation by allowing direct public access to source material and enhances the accountability of everyone involved in the council’s operations.

 

Adopting a policy to livestream all public forums would meet the expectations of Ku-ring-gai residents for a modern, accessible and responsive government. It would ensure that every community member can see and participate in local government no matter where they are. This will maintain and enhance public trust, engagement and allow a broader community to participate.

 

Lane Cove, Kiama and Kempsey Councils also hold public forums on separate nights from meetings and livestream them. The benefits of this are:

 

·    Enhanced Transparency: This openness builds trust between council and its residents by showing that council is committed to transparency.

·    Increased Accessibility: By live streaming public forums, council can ensure that all community members, including those who are unable to attend in person due to disabilities, transport limitations or time constraints can stay informed and engaged with local issues.

·    Broader Engagement: Live streaming can reach a larger audience, engaging residents who might not typically attend council forums. This can lead to greater community involvement and input in local government affairs, potentially increasing public participation in surveys, feedback sessions and community discussions.

·    Accountability: When meetings are accessible to a wider audience, council members and officials are likely to be more mindful of their conduct and decisions. This accountability can lead to more thoughtful, deliberate decision-making and can enhance the integrity of the council.

·    Record Keeping and Review: Recorded live streams provide a permanent record of meetings, which can be useful for creating accurate minutes, reviewing decisions and allowing residents to access past forums at their convenience. This can be particularly helpful for people who want to stay informed but have scheduling conflicts.

·    Reduction of Misinformation: Providing direct access to meetings via live stream helps ensure that information disseminated in the community is accurate and sourced directly from the decision-makers, reducing misunderstandings and misinformation.

 

Remote participation in public forums

 

This Council recently provided the opportunity for community members to join our public forums remotely via Zoom.

 

In the same spirit of accessibility and inclusivity, it is time to re-establish this option for the members of our community who are unable to attend in person - and amend the Code of Meeting Practice to make this permanent. We should be increasing opportunities for all our residents to have their voices heard.

 

Granting the General Manager the authority to call an extraordinary meeting.

 

This amendment would clarify any uncertainty in the current Code of Meeting Practice about whether the General Manager can call an extraordinary meeting to deal with urgent or unforeseen operational matters.

 

In line with Section 366 of the Local Government Act, the current Code of Meeting Practice requires that the Mayor call an extraordinary meeting if requested in writing by at least two councillors. However, the Act and Code is silent on other ways that a meeting could be called.

 

There will be times when Council needs to come together to deal with a matter of great urgency and importance. This could be to deal with a natural disaster, an unexpected event in a major contract, a major policy announcement, or to take advantage of a funding opportunity.

 

By updating the Code of Meeting Practice to incorporate these amendments, we can create a more accessible and transparent Council, encourage greater public engagement and take more timely action on critical issues.

 

I, therefore, move that Council:

 

A.      prepare a new draft Code of Meeting Practice to allow for:

 

·    public forums to be webcast and recordings of public forums to be made available on Council’s website

·    public forums to always be held as a hybrid meeting, unless the meeting is unable to be held physically in the Council Chamber in which case it will be held by audio-visual link only

·    the General Manager, in consultation with the Mayor, to call an extraordinary meeting to consider urgent business without the need to obtain the signatures of two councillors.

 

B.   place the draft Code of Meeting Practice on public exhibition for 28 days and bring a report back to Council at the end of the consultation period summarising the public response and providing a final version of the new Code of Meeting Practice for adoption.

 

Recommendation:

 

That the above Notice of Motion as printed be adopted.

 

 

 

 

 

 

Councillor Christine Kay

Councillor for St Ives Ward

 

 

 

 

 


 

Ordinary Meeting of Council - 21 May 2024

NM.3 / 1

 

 

Item NM.3

S03289

 

 

 

Notice of Motion

 

 

Explore Regional Sister City Relationships

  

Notice of Motion from Councillor Kay dated 3 May 2024

 

Sister cities or twin towns are cooperative agreements between communities, formalised through memorandums of understanding and typically signed by local government representatives.

 

These agreements aim to promote collaboration and connection through cultural exchange and understanding, economic collaboration, and mutual support.

 

Sister Cities Australia facilitates such relationships by matching communities within Australia, as well as internationally, that share similar values yet offer diverse experiences. Establishing a Sister City relationship could offer Ku-ring-gai Council significant cultural enrichment and opportunities for economic and educational interchange, especially with another town, city, or shire within New South Wales that shares our commitment to sustainability and cultural diversity.

 

Potential Benefits of a Regional Sister City Relationship: 

 

1.   Enhanced cultural exchange that promotes deeper understanding and appreciation of diverse Australian cultures, including Aboriginal heritage.

2.   Economic collaborations that could range from joint tourism promotions to shared local business support initiatives.

3.   Educational exchanges focused on best practices in environmental sustainability, particularly around Net Zero and Climate Wise communities.

4.   Increased community engagement through shared projects involving youth ambassadors, culturally and linguistically diverse (CALD) communities, and volunteer programs.

This initiative not only promises to enrich our community's cultural landscape and economic vitality but also strengthens ties with other regional centres, fostering a broader sense of cooperation and mutual growth within the state.

I, therefore, move that Ku-ring-gai Council:

A.   investigate the potential benefits, opportunities and costs of establishing Sister City relationships with other regional communities in New South Wales.

B.   reach out to Sister Cities Australia to express interest in identifying and progressing potential partnerships that align with our values and priorities.

 

Recommendation:

 

That the above Notice of Motion as printed be adopted.

 

 

Councillor Christine Kay

Councillor for St Ives Ward

 

 


 

Ordinary Meeting of Council - 21 May 2024

NM.4 / 1

 

 

Item NM.4

S08654

 

 

 

Notice of Motion

 

 

Domestic Violence

  

 

Notice of Motion from Councillor Ward dated 3 May 2024

 

Based on data provided by the NSW Police, it is distressing to note that, on average, one woman loses her life every week due to violence inflicted by a current or former partner.

 

One in three women has experienced physical or sexual violence at the hands of someone they know. Shockingly, one in four young people is willing to excuse violent behaviour from a partner. One in five women have experienced violence from a partner. A woman is killed every two weeks in Australia by their partner.

 

In 2023, NSW Police reported that there were 128 incidents of domestic violence reported in Ku-ring-gai, along with 102 cases of sexual assault or offence.

 

Domestic and family violence does not discriminate and has increased. It impacts everyone no matter their age, background or socio-economic status. People from culturally and linguistically diverse backgrounds may misunderstand what domestic violence is and not know their legal rights in relation to it.

 

The cycle of domestic and family violence starts with disrespectful personal and/or family attitudes and behaviours.

 

All violence is unacceptable, whether it occurs in the home or elsewhere, and no matter who perpetrates it. The underlying causes of violence are complex but there is a growing body of research and evidence linking gender-based violence to gender inequality.

 

Violence against women and girls is a prevalent, serious and preventable violation of human rights, therefore we must take action and do all we can to change the landscape. Everyone deserves to be safe, supported and respected.

 

Domestic Violence Remembrance Day was on 1 May 2024, and communities across Australia came together to remember those we’ve lost to domestic and family violence. I attended a number of events held by various Councils where we came together to light a candle and honour the memory of those lost as a result of domestic or family violence.

 

As a Patron of Hornsby Ku-ring-gai Women’s Shelter - I am acutely aware that domestic and family violence is the main reason women and children leave their homes which leads to so many issues including housing insecurity and homelessness. Whilst the Shelter support many, sadly many aren’t helped because of a lack of resources.

 

 

As a council, we must do everything we can to raise awareness, partner with other levels of government, and support the critical work of our community groups.

 

I, therefore, move that Council:

 

A.   Develops and implements an Action Plan to increase awareness and prevention of domestic, family, and sexual violence.

B.   Embeds gender equality and respect in Council and our community.

C.   Marks Domestic Violence Remembrance Day by holding or supporting an event in Ku-ring-gai.

 

Recommendation:

 

That the above Notice of Motion as printed be adopted.

 

 

 

 

 

 

Councillor Barbara Ward

Councillor for Gordon Ward

 

 

 

 


 

Ordinary Meeting of Council - 21 May 2024

NM.5 / 1

 

 

Item NM.5

S07823

 

 

 

Notice of Motion

 

 

Optimising the management of natural turf sporting fields to enable increased usage

  

 

Notice of Motion from Councillor G. Taylor dated 3 May 2024

 

Across Ku-ring-gai, and as reported in the recently developed Recreation Needs Study, demand for recreational spaces and sports fields is high. This demand for sports fields is expected to increase along with population growth and increased housing density. This increased demand for recreational spaces in Ku-ring-gai reflects trends seen across Greater Sydney.

 

Due to the scarcity and affordability of land for new public spaces within Ku-ring-gai, meeting any increased demand for sporting fields poses a significant challenge. Land for new sports spaces may not be financially, socially, or environmentally feasible and as such there is a need to improve the capacity and quality of existing sports fields.

 

There are many factors in the construction and development of high-capacity fields including location and solar access, soil and turf selection, drainage, construction method, budget, and water availability. Similarly, there are many factors for the management of high-capacity fields including activity types, player numbers and intensity as well as budget, nutrient, fertilisation and chemical regimes, aeration and soil improvement, pest and disease management practices and education of users. By addressing these factors, the capacity and quality of natural turf fields could be significantly improved, providing sustainable and high-quality playing surfaces for sports and recreational activities.

 

Ku-ring-gai currently has 55 sports fields and optimising the quality and capacity of these fields may represent a significant opportunity to meet future demand. By selecting key sites that have recently been constructed or which are below average condition, Council could partner with industry experts to design a trial aimed at improving management practices and capacity across the LGA.

 

I, therefore, move:

 

That a report be brought back to Council outlining a trial aimed at increasing the usage capacity of selected existing natural turf sporting fields when supported by optimal soil and turf amendments, maintenance, and wear and usage management regimes.

 

Recommendation:

 

That the above Notice of Motion as printed be adopted.

 

 

 

 

 

 

 

Councillor Greg Taylor

Councillor for Comenarra Ward

 

 

 

 


 

Ordinary Meeting of Council - 21 May 2024

NM.6 / 1

 

 

Item NM.6

S13239

 

 

 

Notice of Motion

 

 

Support for Pymble Ladies College

  

 

Notice of Motion from Councillor Ward dated 3 May 2024

 

Pymble Ladies’ College has been a steadfast supporter of HerVillage Foundation since former student Tahmara Thomas presented her ideas to assist recently arrived refugees from Afghanistan following the resurgence of the Taliban in 2021. The College readily provided access to its sports fields, buildings, buses and staff, while actively encouraging student participation and promoting Tahmara’s initiative.

 

Recognising the importance of cultural cohesion in Sydney, the school, renowned for celebrating its diverse student population, places great value on fostering intercultural understanding and cultivating a sense of belonging. Through various inclusive avenues such as sport, performing arts, curriculum, STEM activities and interfaith dialogue, Pymble Ladies’ College actively endeavours to bring people together, nurturing familial and communal engagement in inclusive spaces.

 

HerVillage Foundation is a non-for-profit that focuses on empowering young women of refugee background as the leaders of our tomorrow. At HerVillage, the vision is to create lifelong learning opportunities for girls who are recently arrived refugees in Australia. Their program, the Village Championship, focuses on raising funds and awareness as well as promoting settlement into Australian society for recently arrived refugee students through friendship-building and sport.

 

In partnership with Pymble Ladies’ College and Barker College, HerVillage Foundation is expanding the communities they work with to involve students from the Ukrainian community and the Rohingya community as well as the Afghan community.   An event is planned, which will be held at Pymble Ladies' College on Sunday June 2nd from 12.45-5pm. Day one is a leadership program/ice break event, day two is a football training day and day three is the big cultural festival that is open to general public. On this day there will be food stalls, inspirational speakers, live music and cultural activities, and it all centres around a football match played by the girls involved.

 

HerVillage Foundation and PLC are doing amazing work in this space, and I believe the community will benefit from learning more about this work.

 

I, therefore, move that Council:

 

A.   Support the event by acknowledging and allowing the use of its logo

B.   If practicable promote through its social media and or website

C.   Promote in its newsletter

 

Recommendation:

 

That the above Notice of Motion as printed be adopted.

 

 

 

 

 

 

Councillor Barbara Ward

Councillor for Gordon Ward

 

 

 

  


 

Ordinary Meeting of Council - 21 May 2024

QN.1 / 1

 

 

Item QN.1

S13633

 

 

 

QUESTION WITH NOTICE

 

 

What is Council's Position on Environmental Issues at the North Turramurra Recreation Area ("NTRA") and if Leased will the Lessee be Legally Responsible?

  

 

QUESTION:

 

Question from Councillor Spencer dated 29 April 2024

 

Facts:

 

This question with notice is to avoid residents from having to spend their hard-earned money on legal actions taken against council over its obligations to the environment and community – e.g., the recent case between resident groups and council over environmental issues at the Norman Griffiths Football Field costs both parties a significant amount of money.

 

Questions:

 

1.   How many pit traps are there at NTRA to catch microplastic movement?

 

2.   What monitoring of the Duffy's forest plant community below the oval has council undertaken?

 

3.   What monitoring of chemical and microplastic movement from the oval has council undertaken?

 

4.   If the NTRA is leased, will the lessee be responsible for environmental issues, not limited to issues raised in 1, 2 and 3 above?

 

5.   If the lessee is in breach of their environmental obligations, not limited to issues raised in 1, 2 and 3 above, what recourse will council have against them?

 

6.   As a matter of public interest, will the General Manager provide answers to the above questions in written format to be distributed to councillors at the OMC dated 21 May 2024?

 

 

 

 

Councillor Cedric Spencer

Councillor for Wahroonga Ward

 

 

 

 

 


 

Ordinary Meeting of Council - 21 May 2024

QN.2 / 1

 

 

Item QN.2

S13191

 

 

 

QUESTION WITH NOTICE

 

 

Norman Griffiths Oval

  

 

QUESTION:

Question from Councillor Kay dated 2 May 2024.

 

Delays to Construction

 

Council states online that the oval has been delayed due to "excessive wet weather, unsuitable ground material and the identification of contaminated soil". 

 

1.   In terms of unsuitable ground material and identification of contaminated soil, studies in the Review of Environmental Factors (REF) point to the presence of unconsolidated fill and the risk of asbestos. Why were these possibilities not explored nor taken into account before embarking on construction?  

 

2.   Given this is the case, has the contactor been paid for any extra costs due to unconsolidated fill or asbestos? 

 

3.   Can you please list the causes for the delays at Norman Griffiths Oval?

 

4.   Please also advise whether council or the contractor is liable for additional costs regarding each cause.

 

5.   Please also advise whether the contractor is liable for any liquidated damages for delay.

 

Costs of Oval

 

1.   What was the contracted cost for the oval? 

 

2.   Have there been any variations to the contract. Please provide what the variations were for and what the costs of these variations were. 

 

3.   How much is the oval costing to date? 

 

4.    What is the predicted final cost of the whole project?  

 

Flood Risk and Impact on Sydney Turpentine Ironbark Forest and Microplastics 

 

1.   The REF outlines an overland path in a flood event in that goes through the Sydney Turpentine Ironbark Forest (STIF). How has council satisfied itself that this will not impact on the critically endangered forest? 

 

2.   What studies or modelling has council undertaken with regards to the movement of the cork infill and plastic turf in the event of a probable maximum flood? 

 

3.   When will the council be undertaking comprehensive modelling of the flood risk and impact at Norman Griffith oval, including impact on Quarry Creek downstream and the STIF around it?

 

4.   How many traps are there to collect microplastic infill at Charles Bean Oval, North Turramurra Recreation Area (NTRA) and Norman Griffiths Oval?

 

Legal Issues 

 

On 19 November 2019 when asked about the liability concerns of councillors and council staff given the flood risk at Norman Griffith? A senior member of staff stated:

 

In the event, the example being export of that material into the creek – if that was deemed to be environmental harm, it may well be that the officers that signed the REF would be personally responsible for prosecution and there has been precedence for that in the past.

 

Given this statement and the fact that the Chief Scientist report says that synthetic field should not be placed on flood prone land or sensitive ecosystems, what advice has council received as to the legal liability of councillors and staff in the event of:

 

1.   Microplastic and chemical pollution entering Quarry Creek downstream from Norman Griffith oval?

 

2.   Damage to the STIF?       

 

 

 

 

 

Councillor Christine Kay

Councillor for St Ives Ward

 

 

 

 


 

Ordinary Meeting of Council - 21 May 2024

QN.3 / 1

 

 

Item QN.3

S12198

 

 

 

QUESTION WITH NOTICE

 

 

Stranded Heritage Items in Transport Oriented Development Precincts

  

 

QUESTION:

Question from Councillor Sam Ngai dated 2 May 2024.

 

Following the publication of the State Government’s draft Transport Oriented Development (TOD) precinct mapping, multiple residents have approached councillors with a dilemma. In each case, they live in a locally listed heritage item while being surrounded by properties that have the TOD provisions applied. In the future, this means that they will be walled off by 22m buildings on 2 or 3 sides while also losing access to privacy and amenity.

 

What assurances or options are available to these residents?

 

 

 

 

 

 

Councillor Sam Ngai

Mayor