Agenda of Ordinary Meeting of Council

Ordinary Meeting of Council

TO BE HELD ON Tuesday, 16 July 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 ATTACHMENTS to be Considered in Closed Meeting

NOTE:

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

GB.2 EOI23-2024 - Panel of Code of Conduct Reviewers

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

Attachment 1: EOI Submission 1

Attachment 2: EOI Submission 2

Attachment 3: EOI Submission 3

Attachment 4: EOI Submission 4

Attachment 5: EOI Submission 5

Attachment 6: EOI Submission 6

Attachment 7: EOI Submission 7

Attachment 8: EOI Submission 8

Attachment 9: EOI Submission 9

Attachment 10: EOI Submission 10

Attachment 11: Recommended Panel of Conduct Reviewers

GB.3 Ku-ring-gai Council Sponsorship 2024-2025

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

Attachment 1: Wahroonga Food & Wine Festival

Attachment 2: Wahroonga Village Fair

Attachment 3: St Ives Food & Wine Festival

Attachment 4: Bobbin Head Cycle Classic

Attachment 5: Challenge Works - Bare Creek Trail run

Attachment 6: Roseville Story Productions

Attachment 7: Special Olympics Sydney Upper North Shore - Ku-ring-gai Chase Fun Run

Attachment 8: Ravenswood School for Girls - Ravenswood Australian Women's Art Prize

Attachment 9: 180 Cadence (Naak) Sydney Backyard Ultra

Attachment 10: Meet Mudgee

Attachment 11: Vegan Events Australia

Attachment 12: St Ives Bowling Club - Ku-ring-gai Shield

Attachment 13: Ku-ring-gai Art Society

Attachment 14: St Ives Preschool Kindergarten

Attachment 15: Northlight Anglican Church

Attachment 16: Mental Fitness Collective

Attachment 17: Marian Street Theatre for Young People

Attachment 18: Ku-ring-gai Philharmonic Orchestra

Attachment 19: Welcome Basket Pty Ltd

GB.4 Status of Women's Advisory Committee

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

Attachment 1: Womens Advisory Committee Submissions

Attachment 2: Womens Advisory Committee selection report

Attachment 3: Status of Women's Advisory Committee Assessment Methodology

CONFIRMATION OF MINUTEs

Minutes of Extraordinary Meeting of Council 15

File: S02131

Meeting held 4June 2024

Minutes numbered 111 to 113

Minutes of Ordinary Meeting of Council 23

File: S02131

Meeting held 18 June 2024

Minutes numbered 114 to 136

minutes from the Mayor

MM.1 Vale Don Brew 47

File: CY00455/12

It is my sad duty to inform my Council colleagues and the Ku-ring-gai community of the passing of Don Brew, a noted campaigner for the protection of local heritage and environment.

Don Brew was born in 1935 and was a lifelong resident of Ku-ring-gai, residing for over 30 years in Wahroonga with wife Desley.

Following his retirement as a professional engineer Don became interested in the conservation of Ku-ring-gai’s built and environmental heritage.

He was a notable founding member of grassroots community organisations such as the Burns, Braeside and Kintore Avenues Wahroonga Group (BBK); the North Turramurra Action Group (NTAG) and the West Pymble Action Group.

Don Brew helped set up the Ku-ring-gai Community Shed as a way of getting male residents engaged with each other and the local community through woodworking and other hands-on projects. He was also a longstanding member of the Friends of Ku-ring-gai Environment Inc. (FOKE).

During the late 1990s Don provided valuable input to help develop the Ku-ring-gai Council Residential Development Local Environment Plan between 1999 and 2001.

As President of BBK between 2000 and 2005, Don became a passionate advocate for preserving Wahroonga’s heritage. His advocacy helped the Council create the Wahroonga Heritage Conservation Area.

This meant legal protection of heritage items such as Craignairn’ by architect Howard Joseland, on the corner of Burns Road and Cleveland Street Wahroonga. ‘Craignairn’ faced multiple development proposals including a proposal for 21 apartments. In 2002, Ku-ring-gai Council took on a legal challenge at the Land and Environment Court to protect the property and won.

Don also led the BBK campaign to protect endangered Blue Gum High Forest contained within the grounds of the heritage property of ‘Rippon Grange’, designed by renowned architect John Sulman and Howard Joseland.

Other campaigns Don was involved in were to protect the Holy Cross site in Burns Road Wahroonga, 14-18 Coonanbarra Road Wahroonga and heritage homes along the Pacific Highway at Wahroonga.

In 2011 Don Brew founded another community group called Building a Better Ku-ring-gai. He was a strong supporter of Friends of Turramurra legal challenge in the same year against the NSW Planning Minister's Ku-ring-gai Planning Panel’s proposal to rezone Ku-ring-gai. Ultimately the state government withdrew this plan.

Don Brew will be remembered by those who knew him as a fearless and dedicated campaigner against what he perceived to be inappropriate development in Ku-ring-gai. On behalf of Council and the Ku-ring-gai community I extend my deepest sympathies to his family and friends.

Recommendation:

A. That the Mayoral Minute be received and noted

B. That we stand for a minute’s silence to honour Don Brew

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

Petitions

GENERAL BUSINESS

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

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

GB.1 Heritage Reference Committee meeting minutes of 6 June 2024 & 2024-25 Heritage Home Grants Allocation 49

File: CY00413/12

For Council to consider the minutes from the previous Heritage Reference Committee (‘HRC’) meeting held on 6 June 2024 and HRC recommendations for the applications under the Heritage Home Grants (HHG) program for 2024/25 and an IHO request.

Recommendation:

That Council receives and notes the HRC minutes from 6 June 2024.That Council approves the grant applications as set out in this report for the Heritage Home Fund 2024/25 and that Council waives any minor works application fees required by successful grant recipients to undertake projects approved for funding. A request for the Minister for Heritage to make an IHO over the heritage conservation areas impacted by the TOD SEPP.

GB.2 EOI23-2024 - Panel of Code of Conduct Reviewers 89

File: S08447

For Council to renew its Panel of Code of Conduct Reviewers (Panel) in accordance with the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW (the Procedures).

Recommendation:

That Council appoint a Panel of Conduct Reviewers comprised as outlined in this report.

GB.3 Ku-ring-gai Council Sponsorship 2024-2025 93

File: FY00275/16

To advise Council of sponsorship requests received under Council’s Sponsorship Policy for 2024–2025, and to provide recommendations for funding.

Recommendation:

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

GB.4 Status of Women's Advisory Committee 105

File: S13683

To provide Council with recommendations for 15 community representatives to participate in the Status of Women’s Advisory Committee.

Recommendation:

That Council consider the recommendations from the independent selection panel and appoint 15 community members, along with the five (5) reserves, to participate in the Status of Women’s Advisory Committee.

GB.5 Improving the accessibility and transparency of Public Forums - Changes to Code of Meeting Practice 113

File: CY00438/12

To propose amendments to the Ku-ring-gai Council Code of Meeting Practice to allow for public forums to be recorded and webcast, and for speakers to address Council via audio-visual link.

Recommendation:

That:

A. if Council wishes to webcast public forums, the amendments to the Code of Meeting Practice in Attachment A2 be placed on public exhibition.

B. if Council wishes for public forums to always be held as a hybrid meeting, the amendments to the Code of Meeting practice in Attachment A3 be placed on public exhibition.

C. Council note that a report will be brought to Council after exhibition summarising the public response and providing a final version of the Code of Meeting Practice for consideration.

GB.6 Investment Report as at 30 June 2024 132

File: FY00623/6

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

Recommendation:

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

GB.7 Marian Street Theatre Killara – Building Condition 140

File: S10577/5

The purpose of this report is to advise Council on the costs of the minimum repairs, maintenance, and other necessary works to re-open the Marian Street Theatre as a functional theatre in the form it was before closing, complying with current building code requirements.

Recommendation:

That Council receives and notes the report

GB.8 Environmental Levy Grant Program - Round 26 332

File: CY00848

To seek Council’s endorsement to fund round twenty-six (26) of the Environmental Levy grants program.

Recommendation:

That Council endorses the recommendations of the Environmental Levy Grants Assessment Panel to fund twenty-one (21) projects, totalling $99,586 under round twenty-six (26) of the Environmental Levy grants program.

GB.9 Policy Updates - Related Party Disclosure Policy, Contaminated Land Policy and the Bushland Illegal Dumping and Encroachment Policy 341

File: CY00826/2

To update three Council policies.

Recommendation:

A. That the following revised policies be approved by Council:

· Related Party Disclosures.

B. That the following revised policies be exhibited for at least 28 days and reported back to Council.

· Contaminated Land Policy; and the

· Bushland Illegal Dumping and Encroachment Policy

Extra Reports Circulated to Meeting

Motions of which due Notice has been given

NM.1 Sun Protection for Spectators at Sporting Grounds 393

File: S07823

Notice of Motion from Councillors Lennon and Smith dated 26 June 2024

The primary cause of melanoma and other skin cancers is prolonged exposure to ultraviolet radiation. While authorities have educated people well on the need to wear hats and apply sunscreen lotion, keeping to the shade wherever practicable also protects human skin from harm.

We, therefore, move:

That Council staff investigate and report to Council on possible measures to ensure that all sporting grounds attracting spectators in Ku-ring-gai have at least some shaded and sheltered area for spectators to sit or stand.

Recommendation:

That the above Notice of Motion as printed be adopted.

NM.2 Doggy Daycare 394

File: CY00445/12

Notice of Motion from Councillor Ngai dated 26 June 2024

We have people who would love to drop off their pets at daycare while they attend work.

As a Council, we play a role in ensuring that there is an environment that allows for such activities to occur in appropriate locations. The Ku-ring-gai Local Environment Plan 2015 currently permits ‘Animal boarding or training establishments’ in E3 Productivity Support and RE1 Public Recreation zones with consent. But it is difficult for operators to secure such zoned land. Ku-ring-gai does have E3 zones in the Pymble Business Park, but nowhere else. And it is unusual for the private sector to acquire RE1 land.

I believe that we should consider updating our Local Environment Plan (LEP) to also allow this activity to be permitted with consent in E1 Local Centre and MU1 Mix Use zones. This will create more opportunities for pet daycares to be established legally within Ku-ring-gai’s borders.

I move that:

A. Council staff investigate the feasibility (including any concerns) of allowing ‘Animal boarding or training establishments’ to be permitted with consent in E1 Local Centre and MU1 Mixed Use zones.

B. Subject to feasibility and the provision of appropriate controls, that staff report back to Council within the next twelve months and as part of LEP housekeeping on the opportunity to update the Ku-ring-gai Local Environment Plan 2015 to allow ‘Animal boarding or training establishments’ to be permitted with consent in E1 Local Centre and MU1 Mixed Use zones. Relevant changes to Council’s Development Control Plan should also be considered.

Recommendation:

That the above Notice of Motion as printed be adopted.

NM.3 Engagement with First Nations People 395

File: S02414

Notice of Motion from Councillor Greg Taylor dated 27 June 2024

In April 2024 Council resolved to prepare a Reconciliation Action Plan (RAP). The development and implementation of a RAP will formally acknowledge the value of First Nations communities, their fundamental connection to Country, and the nature of their living cultural heritage associated with the Land.

As an early engagement, it is proposed that Council reach out to First Nations people and hold a small gathering in the local bushland. The purpose is to understand more about how Council can help support and empower First Nations people and culture in the community; share traditional fire knowledge with First Nations people, Council and possibly other government agencies; improve contact and connection between local First Nations community members and Council staff; explore the potential for any future First Nations events that can be supported by Council; and explore the potential for future cultural burning workshops and activities.

I, therefore, move:

That Council facilitate a gathering with First Nations people in local bushland, as outlined in this Notice of Motion.

Recommendation:

That the above Notice of Motion as printed be adopted.

NM.4 Heritage Conservation Areas Interim Heritage 396

File: S14571

Notice of Motion from Councillors Wheatley, Lennon and Smith dated 27 June 2024

The NSW Government’s Transit Oriented Development SEPP is now in effect and has placed 23 Ku-ring-gai heritage conservation areas at risk – all located within 400 metres of Gordon, Killara, Lindfield and Roseville stations. These represent half the total identified heritage conservation areas in Ku-ring-gai. These core areas of fine historic houses and gardens embody the identity and living history of Ku-ring-gai (and parts of the identity and living history of all Sydney) that, if lost, cannot be replaced.

Within the 23 heritage areas, the TOD SEPP has ‘upzoned’ approximately 410 historic sites, excluding the surrounded 106 heritage items. This high number reflects that approximately 30% of upzoned TOD sites in Ku-ring-gai are identified as heritage conservation areas - or 40% heritage identified when counting the heritage items surrounded by TOD sites.

As of 13 May 2024, development applications can now be lodged for demolition and 7-storey apartments built within these conservation areas. It is clear that property is being sold and bought right now in these heritage conservation areas on the basis of redevelopment to the maximum TOD standards, notwithstanding any heritage considerations in the development application (DA) process.

No NSW Government provisions, information or guidelines have demonstrated how the DA process can provide for inserting 7-storey apartments into established heritage areas in a way that retains the value of existing historic houses and gardens and their resulting streetscapes. At best, this creates uncertainty for both conservation and development. At worst, this slates hundreds of historic buildings, gardens and many streetscapes for demolition and irreversible change and/or many DAs for refusal. In either case, the public and private cost for development and heritage value is high.

The NSW Heritage Council’s resolution on TOD recorded “considerable concern about the impact on existing heritage conservation areas”. Council’s independent heritage advisor for the housing changes, Lisa Trueman concluded “The proposed changes would see widespread loss of significant buildings and their settings, loss of historic subdivision patterns, changes to scale, form, character, landscaping and significant streetscapes.”

The NSW Planning Minister has indicated a willingness to consider alternative housing scenarios. Council has resolved to investigate alternative scenarios for reporting in early 2025. However, this planning is invalidated if sites are redeveloped for 7-storey apartments in the meantime.

Interim Heritage Order

It is recommended that Council request the NSW Minister for Heritage make an Interim Heritage Order for the land of 23 heritage conservation areas subject to the TOD SEPP to protect these conservation areas under the Heritage Act 1977 while their heritage significance is further assessed. Council cannot use its current delegation to make an Interim Heritage Order in heritage conservation areas.

Council’s Heritage Reference Committee considered a preliminary heritage assessment and supported this action at its meeting of 6 June 2024.

As a temporary heritage listing, the IHO would lapse after 6-12 months. While in effect, the IHO triggers the NSW Heritage Council to assess development applications.

Conclusion

A blanket IHO – limited to the Ku-ring-gai TOD sites – is a measured response to a blanket planning process where heritage impacts are not resolved before development controls are set.

This IHO will provide the necessary short-term heritage protection for the affected sites while Council investigates alternative planning for increasing housing that does factor in heritage, amongst other relevant considerations and constraints. This is how we can plan for increased housing with improved certainty.

While not your usual IHO for a potential heritage site, this request is true to the origins and intent of the NSW Heritage Act and IHO powers – to protect the significance of heritage under threat. An IHO is essentially the modern-day Green Ban. This is once again needed when history starts repeating itself with plans that ignore or endanger heritage areas on a large scale.

This IHO is ultimately decided by the NSW Minister for Heritage rather than Council. However, seeking an IHO will still serve an important purpose – to better alert the community to the heritage issue ahead of major decisions like transactions and applications during a key phase of transition in the planning controls.

We, therefore, move:

That Council request the NSW Minister for Heritage to make an Interim Heritage Order for the land of the 23 heritage conservation areas in the Ku-ring-gai LGA subject to the Transit Orientated Development SEPP to protect these conservation areas under the NSW Heritage Act 1977 while their significance is assessed.

Recommendation:

That the above Notice of Motion as printed be adopted.

NM.5 Giving residents choice in household energy 423

File: CY00441/12

Notice of Motion from Councillors Ngai and Greg Taylor dated 28 June 2024

Existing Net Zero Initiatives

At Ku-ring-gai, we encourage our residents to transition to more energy efficient homes as part of our Net Zero 2040 target.

Under our Energy Smart rebates program (funded by the Environmental Levy), Council provides rebates for the installation of the following:

- Solar PV or Battery storage – Up to $500

- Solar or electric hot water system – Up to $500

- Insulation – Up to $500

- Windows – Up to $500

This provides a financial incentive for residents to transition to more energy efficient installations.

Under the Ku-ring-gai Development Control Plan 6B.2(16), Council also requires all parking bays of future multi-dwelling housing to be EV ready with design and construction (provision for conduits, switchboards, electrical capacity etc.) to enable installation of electric vehicle charging points that are linked to each individual dwelling electricity meter.

While this stops short of mandating the installation of electric vehicle charging points, it allows the option for developers and residents should they choose to proceed without a costly retrofit.

Further Opportunities for Net Zero

While many households currently cook with gas, electric induction cooktops provide a healthier, faster and more cost efficient alternative. In particular, there are links between gas cooktop emissions and the development of asthma, and on this basis other councils such as Waverley and Lane Cove have gone so far as to ban gas on health grounds.

We respect the right for households to cook with their fuel of choice, but believe that to be consistent with existing policies we should make adjustments to Ku-ring-gai’s Energy Smart rebate program and Development Control Plan (DCP) accordingly.

We, therefore, move that:

A. Council’s Energy Smart rebate program be amended to also support up to $500 for the installation of an electric induction cooktop.

B. Council staff investigate updates to the Ku-ring-gai DCP to require new developments to provide kitchens that are electric induction ready with design and construction (provision for conduits, switchboards, electrical capacity etc) to enable installation of induction cooktops that are linked to each individual dwelling electricity meter. Staff are to report back to Council within the next twelve months on the potential DCP housekeeping amendments.

C. As part of preparing the DCP housekeeping amendments, Council staff will also consider additional measures to improve environmental sensitivity and sustainability towards Net Zero. In particular, the staff will consider the appropriateness of incorporating elements such as:

i. controls from other council DCPs including Lane Cove (Sustainability Review 2023) and Parramatta (6.8); and

ii. the possibility of allowing solar panels to be visible from the streetfront in Heritage Conservation Areas.

Recommendation:

That the above Notice of Motion as printed be adopted.

NM.6 Multicultural Festival and Multicultural Inclusion Plan 425

File: S04141

Notice of Rescission from Councillors Alec Taylor, Ward, Smith and Wheatley

dated 28 June 2024

At the Ordinary Meeting of Council on 18 June 2024, Council resolved to support a multicultural festival and prepare a multicultural inclusion plan.

The resolution included applying to the NSW Government for a grant of $50,000 towards the festival, as well as Council contributing $15,000 to $30,000. The terms of the resolution may have created uncertainty about the amount of funding available for the festival, due to grant funding being a significant component. It is important to clarify that Council is fully committed to a successful multicultural festival and to provide certainty for the event planning, Council should underwrite the cost up to $50,000. If a grant is received, a lesser contribution from Council may be required.

In a third recommendation Council also passed a resolution for the multicultural plan and festival to be inclusive (part C). The intent of part C was to recognise that the festival and inclusion plan would be inclusive of all cultures. On reflection the intent is implicit in the inclusion plan and festival, and therefore the recommendation is unnecessary.

We, therefore, move:

That the decision of Council on 18 June 2024 in relation to item NM.3 Multicultural Festival and Multicultural Inclusion Plan be rescinded and replaced with:

A. Ku-ring-gai Council contributes up to $50,000 towards a Multicultural Festival. Council will also apply to the New South Wales Government for relevant grant funding.

B. Council develops a Multicultural Inclusion Plan in consultation with the local community to ensure the plan reflects the diverse needs and perspectives of the community.

Recommendation:

That the above Notice of Rescission as printed be adopted.

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

Questions With Notice

QN.1 IN RELATION TO THE NORTHERN SUBURBS FOOTBALL ASSOCIATION’S (NSFA) PROPOSED DEVELOPMENT AT THE NORTH TURRAMURRA RECREATION AREA (NTRA) 427

File: S13633

InspectionS– SETTING OF TIME, DATE AND RENDEZVOUS

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

MINUTES OF Extraordinary Meeting
HELD ON Tuesday, 4 June 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) Councillor M Smith (St Ives Ward) Councillors C Spencer & K Wheatley (Wahroonga Ward)

Staff Present:	General Manager (David Marshall) Acting Director Community (Virginia Leafe) Acting Director Corporate (Angela Apostol) Director Corporate (David Marshall) Director Development & Regulation (Michael Miocic) Acting Director Operations (Peter Lichaa) Director Strategy & Environment (Andrew Watson) Corporate Lawyer (Jamie Taylor) Manager Governance and Corporate Strategy (Christopher M Jones) Acting Senior Governance Officer (Nicole Kratochvil)

The Meeting commenced at 7:01 PM

The Mayor offered the Acknowledgement of Country and Prayer

111

Apologies

File: S02194

The Mayor advised of an apology from Councillor Kay due to work commitments.

The General Manager advised of an apology from the Director Community, Janice Bevan, due to being on leave with Virginia Leafe Acting as Director Community.

Resolved:

(Moved: Councillors A. Taylor/Smith)

That the apologies be accepted and leave of absence granted.

CARRIED UNANIMOUSLY

DECLARATIONS OF INTEREST

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

Cr G.Taylor declared a non-significant, non-pecuniary interest in MM.1 – Extraordinary Meeting Background Information and NM.2 - Cancellation of Tiny Forest Project at West Pymble Village Green. Councillor G.Taylor will leave the Chambers during debate on these items.

DOCUMENTS CIRCULATED TO COUNCILLORS

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

Memorandums:

Letter from Mayor Ngai to Minister for Planning and Public Spaces, dated 31 May 2024 and response received from Minister for Planning and Public Spaces, dated 4 June 2024.

minutes from the Mayor

After having declared an interest on Item MM.1, Councillor G.Taylor withdrew from the Chambers during discussion and did not vote on the matter.

112

Extraordinary Meeting Background Information

File: S14099

Vide: MM.1

Under Clause 3.2 of the Code of Meeting Practice, I have received in writing a request from Councillors Spencer and Pettett calling for an extraordinary meeting on the topics of:

1. Transport Oriented Development SEPP - A fresh approach aimed to achieve a better outcome for Ku-ring-gai; and

2. Cancellation of Tiny Forest Project at West Pymble Village Green

I note there have been queries as to the number of extraordinary meetings this year, but the current arrangement of monthly ordinary meetings plus optional extraordinary is actually more flexible and cost efficient than Council’s arrangement before June 2019 when ordinary meetings were held twice a month.

On each of these two topics, I write to provide information to set the context of each decision.

Transport Oriented Development Provisions in the Housing SEPP

Ever since this issue arose in November 2023, I have provided the public with regular updates by way of Mayoral Minute at the start of each monthly ordinary meeting as well as each relevant extraordinary meeting. A summary of key dates and points is provided in Attachment 1.

It should also be noted that at this stage and despite all attempts to negotiate reasonable outcomes, legal action and/or mediation is the only way for council to potentially save ratepayers over ten million in infrastructure costs relating to the four affected precincts.

Tiny Forest Project

The Tiny Forest program is an initiative by Earthwatch to provide “densely packed patches of native bushland the size of a tennis court, right in the heart of our cities. These urban wildlife oases are a unique nature-based solution, reconnecting people with nature and helping to mitigate our urban climate and biodiversity challenges.”

As part of the initiative, Council staff had (independent of any Councillor direction) applied for a grant and was successful in attaining one. Ku-ring-gai’s Tiny Forest Project was considered as part of GB17 in the 21 November 2023 Ordinary Meeting of Council.

Resolved:

(Moved: Councillors Pettett/Kay)

That Council endorse a Tiny Forest Project within the Ku-ring-gai LGA and endorse the preferred site location at the West Pymble Village Green, or an alternative site as determined by Council officers.

CARRIED UNANIMOUSLY

It is important to respect any Councillor’s right to revisit a decision in light of new information. It should be noted that when the project was first put before the Council, the affected area was proposed to be 218.56 sqm (4.3%) of a 5,124.0 sqm site.

A recently updated project design now indicates that a more substantial 260 sqm (5.1%) of the site will be covered by newly planted trees. Part of the community angst is driven by the fact that the temporarily fenced off area for equipment and works is much larger than the actual planting site.

The Tiny Forest is scheduled to be planted on 16 June, which is prior to our Ordinary Meeting of Council on 18 June hence this call for an extraordinary meeting.

More project information is available in Attachment 2, and each Councillor has the right to revisit this decision in light of the new information.

Resolved:

(Moved: The Mayor, Councillor Ngai)

That Council notes and receives this Mayoral Minute.

CARRIED UNANIMOUSLY

Motions of which due Notice has been given

113	Transport Oriented Development SEPP - A fresh approach aimed to achieve a better outcome for Ku-ring-gai File: S14427 Vide: NM.1
	Notice of Motion from Councillors Spencer and Pettett dated 27 May 2024 The new "TOD SEPP" planning controls came into effect from 13 May 2024, and include: Permissibility – Allowing residential flat buildings in residential zones and local centre zones, along with shop top housing in local centre and commercial zones. As you are aware, the four stations in Ku-ring-gai affected by the TOD SEPP will be Gordon, Killara, Lindfield and Roseville. Ku-ring-gai is the only Council to receive the new TOD SEPP without further extension. We do not believe that Council’s continued spending of ratepayers’ money on advertising and legal fees is sustainable in the longer term. We do not believe that battling the NSW Government is efficient or effective. The reality is that the new "TOD SEPP" planning controls came into effect from 13 May 2024 for Ku-ring-gai whereas other councils were granted extensions. The reality is that Ku-ring-gai has to try and work with the NSW Government by negotiating. The current Council approach has led to many residents being traumatised, bewildered and confused. The community should not be in this current state and this needs to be rectified. We, therefore, move that: A. Ku-ring-gai Council wishes to constructively work with the Minister in regards to the new TOD SEPP B. This Council immediately assembles a working team including former Mayors Cedric Spencer and Jeff Pettett and Councillor Greg Taylor. C. To seek an urgent audience with the New South Wales Minister for Planning and Public Spaces to discuss the following: i. Ku-ring-gai Council's genuine intentions to negotiate with the Minister in good faith on behalf of all Ku-ring-gai residents in implementing the new TOD SEPP ii. Council's intentions to draw up a new LEP by working with the Minister to achieve the housing needs iii. Council to seek reprieve from implementation of the new TOD SEPP on 13 May 24 on all four stations, including Gordon, Killara, Lindfield and Roseville. D. As a genuine sign of Council’s willingness to work with the state government that Council suspend the current legal action pending the result of the discussions and negotiations. E. This team of negotiators will include the General Manager and relevant staff but exclude Councillors who have already met with the Minister or his Department. F. This team will report back to Council as an urgent matter as time is of the essence.
	MOTION: (Moved: Councillors Spencer/Pettett) A. Ku-ring-gai Council wishes to constructively work with the Minister in regards to the new TOD SEPP B. This Council immediately assembles a working team including former Mayors Cedric Spencer and Jeff Pettett. C. To seek an urgent audience with the New South Wales Minister for Planning and Public Spaces to discuss the following: i. Ku-ring-gai Council's genuine intentions to negotiate with the Minister in good faith on behalf of all Ku-ring-gai residents in implementing the new TOD SEPP ii. Council's intentions to draw up a new LEP by working with the Minister to achieve the housing needs iii. Council to seek reprieve from implementation of the new TOD SEPP on 13 May 24 on all four stations, including Gordon, Killara, Lindfield and Roseville. D. As a genuine sign of Council’s willingness to work with the state government that Council seek to adjourn the current legal action pending the result of the discussions and negotiations. E. This team of negotiators will include the General Manager and relevant staff but exclude Councillors who have already met with the Minister or his Department. F. This team will report back to Council as an urgent matter as time is of the essence.
	Resolved: (Moved: Councillors Spencer/Pettett) A. Ku-ring-gai Council wishes to constructively work with the Minister in regards to the new TOD SEPP B. This Council immediately assembles a working team including former Mayors Cedric Spencer and Jeff Pettett. C. To seek an urgent audience with the New South Wales Minister for Planning and Public Spaces to discuss the following: i. Ku-ring-gai Council's genuine intentions to negotiate with the Minister in good faith on behalf of all Ku-ring-gai residents in implementing the new TOD SEPP ii. Council's intentions to draw up a new LEP by working with the Minister to achieve the housing needs iii. Council to seek reprieve from implementation of the new TOD SEPP on 13 May 24 on all four stations, including Gordon, Killara, Lindfield and Roseville. D. As a genuine sign of Council’s willingness to work with the state government that Council seek to adjourn the current legal action pending the result of the discussions and negotiations. E. This team of negotiators will include the General Manager and relevant staff but exclude Councillors who have already met with the Minister or his Department. F. This team will report back to Council as an urgent matter as time is of the essence. For the Resolution: Councillor Spencer Against the Resolution: The Mayor, Councillor Ngai, Councillors Lennon, Pettett, Smith, A. Taylor, G. Taylor, Ward and Wheatley No decision was taken in respect of the above matter as the Motion when put to the vote was LOST

After having declared an interest on Item NM.2, Councillor G.Taylor withdrew from the Chambers during discussion and did not vote on the matter.

Cancellation of Tiny Forest Project at West Pymble Village Green

File: S14514

Vide: NM.2

Notice of Motion from Councillors Spencer and Pettett dated 27 May 2024

In November 2023 Council resolved to proceed with the Tiny Forest Project based on the following summary.

The proposed Tiny Forest project led by Earthwatch Australia, is a unique opportunity to engage with the community and increase the amenity of the surrounding urban area. The project is privately funded and promotes community engagement and research into boosting growth and biodiversity of native forests.

The West Pymble Village Green has been identified as a suitable site for tree planting within the Urban Forest Strategy and the southern boundary has been chosen in the past as a National Tree Day site. Tree species to be planted will be native to the area and align with the local Critically Endangered Ecological Community Sydney Turpentine Ironbark Forest (STIF). Establishment of this tiny forest will add environmental restrictions to any future use of the land which would require the removal of the Tiny Forest.

The Community Consultation was based on the broad statement: “As part of Council’s adoption of the Urban Forest Policy in 2020 and development of the Urban Forest Strategy since then, the community has been consulted extensively about trees including both public and private tree management and issues.”

The local West Pymble community believe there was no real consultation in regards to this project being built. The site may well be a suitable site for this project; however, the recent feedback has been overwhelmingly clear that the majority of the community of West Pymble were not aware of this project, nor do they want it at this location. If a Tiny Forest project is to be successful at an alternative location, proper local community engagement prior to its commencement is essential for its success.

We, therefore, move:

That Council cancels the Tiny Forest Project at the West Pymble Village Green.

The motion lapsed for lack of a seconder.

The Meeting closed at 7.55PM

The Minutes of the Extraordinary Meeting held on 4 June 2024 (Pages 1 - 8) were confirmed as a full and accurate record of proceedings on 18 June 2024.

__________________________ __________________________

General Manager Mayor / Chairperson

Minute Ku-ring-gai Council Page

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 18 June 2024

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

Staff Present:	General Manager (David Marshall) Acting Director Community (Virginia Leafe) 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 Governance and Corporate Strategy (Christopher M Jones) Acting Senior Governance Officer (Nicole Kratochvil) Manager People & Culture (Jennie Keato)

The Meeting commenced at 7:00PM

The Mayor offered the Acknowledgement of Country and Prayer.

114

Apologies

File: S02194

Councillor Kay advised of an apology from Councillor Spencer due to family commitments and the Mayor advised of an apology from Councillor Pettett due to a family member not being well.

The General Manager advised of an apology from the Director Community, Janice Bevan, due to being on leave with Virginia Leafe, Manager Corporate Communication, acting as Director Community.

Resolved:

(Moved: Councillors G. Taylor/Smith)

That the apologies be accepted and leave of absence granted.

CARRIED UNANIMOUSLY

DECLARATIONS OF INTEREST

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

Councillor Wheatley declared a significant, non-pecuniary interest in GB.11 - Planning Proposal 345 Pacific Highway, Lindfield as she has voted against the item. Councillor Wheatley will leave the Chambers during debate on this item.

DOCUMENTS CIRCULATED TO COUNCILLORS

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

Late Items:

MM.2 - The King's Birthday Honours 2024 - Mayoral Minute
from the Mayor, 13 June 2024

MM.3 - Significant Sports Capacity - Mayoral Minute from
the Mayor, 17 June 2024

MM.4 - Council Spend on Grants, Sponsorships and
Events - Mayoral Minute from the Mayor,17 June 2024

MM.5 - Housing Policy Updates (June 2024) - Mayoral
Minute from the Mayor, 17 June 2024 with
attachments.

Memorandums:

GB.7    Confidential Memorandum to Mayor, Councillors,
               General Manager and Directors from Manager
               Governance and Corporate Strategy dated 3 June 2024
               Re: Revised Resourcing Strategy, Delivery Program
              and Operational Plan (Confidential)

115

CONFIRMATION OF REPORTS AND ATTACHMENTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/9

Resolved:

(Moved: Councillors Ward/Wheatley)

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

C.1 Acquisition of Land at Gordon

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

Attachment 1: Terms of Council’s resolution dated 15 August 2023

Attachment 2: Valuers Agreement on Compensation

GB.2 Audit Risk & Improvement Committee - Appointment of Second
External Independent Member

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

Attachment 1: Overview of Selection Process

Attachment 2: ARIC Candidate Applications

GB.11 Planning Proposal 345 Pacific Highway, Lindfield

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

Attachment 10: Atlas Economics Development Feasibility Advice -345
Pacific Highway Lindfield

CARRIED UNANIMOUSLY

CONFIRMATION OF MINUTEs

116

Minutes of Extraordinary Meeting of Council

File: S02131

Meeting held 8 May 2024

Minutes numbered 82 to 83

Resolved:

(Moved: Councillors A. Taylor/Lennon)

That Minutes numbered 82 to 83 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

117

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 21 May 2024

Minutes numbered 84 to 110

Resolved:

(Moved: Councillors A. Taylor/Lennon)

That Minutes numbered 84 to 110 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

118

Vale Jennifer Harvey

File: CY00455/12

Vide: MM.1

It is my sad duty to advise the Council and our community of the passing of Jennifer Harvey, one of the Ku-ring-gai Historical Society’s longstanding members.

Jennifer joined the Ku-ring-gai Historical Society in 2000, serving as a committee member between 2000 and 2013. She became the Society’s Vice-President in 2008 until 2013, after which she became President for a year.

Her enthusiasm for local history saw her take on a number of other positions in the Society, including collection curator, co-editor of the Society newsletter between 2003 and 2019 and managing the Society’s Built Heritage Group. The group is a dedicated team of specialist volunteers who coordinate a large collection of materials on Ku-ring-gai’s built heritage, an invaluable resource for those researching the history of particular sites or properties.

Over the years Jennifer was the recipient of several awards including the Historical Society’s Historian of the Year in 2006 and a Gem of Ku-ring-gai Award in 2009 recognising her work in advancing the position of local women. In 2012 Jennifer was the first recipient of the Ku-ring-gai Heritage Award presented on Australia Day. The award recognised the significant work done by Jennifer and the Built Heritage Group and their contribution to the conservation and protection of Ku-ring-gai’s built heritage.

As an avid historian, Jennifer was employed by NSW Railway Infrastructure to help research and co-write the statement of heritage impact for Gordon Railway Station.

When the upgrade of Gordon Station was in its planning phase, Jennifer played a key role in contributing to the design of the installation of the lifts and alterations to platforms at the station.

In 2004 Jennifer Harvey was nominated as the Ku-ring-gai Historical Society’s representative on the Council’s Heritage Advisory Committee, a position which she held until stepping down in 2020.

Jennifer’s contribution to the Heritage Advisory Committee included assisting with reviews of
Ku-ring-gai’s heritage conservation areas and the identification and listing of new heritage items, in particular emerging post World War Two buildings.

Jennifer Harvey was a passionate and extremely knowledgeable local historian, who worked tirelessly to promote Ku-ring-gai’s heritage. On behalf of Council and our community I express my sincere condolences to her family and friends, as well as her colleagues at the Ku-ring-gai Historical Society.

Resolved:

(Moved: The Mayor, Councillor Ngai)

A. That the Mayoral Minute be received and noted

B. That we stand for a minute’s silence to honour Jennifer Harvey

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

CARRIED UNANIMOUSLY

119

The King's Birthday Honours 2024

File: S14221

Vide: MM.2

I am pleased to inform you that 7 Ku-ring-gai citizens, through their outstanding achievements and services to the community, have been awarded 2024 King’s Birthday Honours.

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

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

Professor Karen CANFELL AC of Gordon, for eminent service to medicine as an epidemiologist, particularly through cancer research, to tertiary education, and as a mentor and leader

Dr Eileen GALLERY AM of Roseville, for significant service to nephrology, to obstetric medicine, and to tertiary education

Professor Thomas MASCHMEYER AO of Lindfield, for distinguished service to science as a researcher, innovator and educator, and business through pioneering commercial technologies

Ms Jennifer Lea MORRIS OAM of Roseville, for service to women through leadership and mentoring roles

Professor Donald NUTBEAM AO of Roseville, for distinguished service to public health, to tertiary education, and to professional associations and boards

Professor Helen Kathryn REDDEL AM of St Ives, for significant service to respiratory medicine, and to medical research

Mr Roger Charles WILKINSON OAM of Wahroonga, for service to the community, and to acoustic engineering

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

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

Resolved:

(Moved: The Mayor, Councillor Ngai)

A. That Council acknowledge the outstanding contribution made by these recipients of the King’s Birthday Honours 2024 to the Ku-ring-gai community and to the well-being of our society.

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

CARRIED UNANIMOUSLY

120

Significant Sports Capacity

File: S04856

Vide: MM.3

At its meeting of 12 June 2024, Hornsby Shire Council (Hornsby) sought the support of Northern Sydney Region of Councils (NSROC) and other councils in the region following a recent decision by the NSW Government to remove funding to create much needed outdoor active recreational space.

In 2023 a review of Supply and Demand for Sports Facilities in the NSROC Region found that there will be an undersupply of around 222 Ha (49%) by 2036. Importantly, this study does not take into account the anticipated population growth as a result of the recent reforms targeting housing supply (Low-mid Rise Housing and Transport Oriented Development) which will place further demands on local sportsgrounds.

Ku-ring-gai should support Hornsby’s critically important infrastructure project at Westleigh Park which will deliver amongst other things, six new sports fields that will service the North Shore Region, the only opportunity for such a significant increase in capacity due to the scarcity of affordable and suitable land in the region. It is appropriate for Council to join with Hornsby in requesting the NSW Government reconsider its decision to withdraw grant funds previously allocated to support the project’s completion. Westleigh Park is a significant regional facility that will benefit the whole North Shore.

The impacts of not increasing sports ground capacity in Northern Sydney will lead to increasing numbers of participants being turned away from sport which will lead to:

- Increasing physical inactivity, sedentary leisure behaviour and related health and disease impacts;

- Reducing benefits brought about by participation in sport and physical activity;

- Increased costs to participate and accessibility of facilities will create inequity in participants and associated benefits; and

- Access to sport may become based on the capacity to pay and which may create a greater barrier to participation for lower income households.

In early June the NSW Government informed Hornsby that it will take back $36 million in funding for the development of the much-needed active recreation facilities at Westleigh Park, which will stop the most significant active outdoor sporting facility from being delivered.

Westleigh Park is a 36 hectare parcel of land at 62 Quarter Sessions Road, Westleigh. It was purchased by Hornsby in 2016 to assist with addressing the increasing demands for active recreation within the Shire and Northern Sydney Region.

The Master Plan provides for structured sporting activities on three sporting platforms (providing six sportsfields) and unstructured passive recreation experiences throughout the park. This includes cycling and mountain biking, walking paths, informal exercise spaces, children’s playground and picnic areas, connections to local and regional bushwalking trails and passive recreation spaces. Work has been underway on Westleigh Park for over five years, with millions of dollars already outlaid, contracts signed, and thousands of hours devoted to providing the community with these vital facilities.

Given the projected population growth in the NSROC region it is important that we continue to be guided by our NSROC strategies and studies which indicate that we will need to increase the capacity of sportsgrounds in the area by around 49% by 2036 (through a range of initiatives and new facilities) to cope with existing and future demands. The Westleigh Park project will be critical in working towards this outcome and as such Ku-ring-gai Council should supports Hornsby in its endeavours to retain state government grant funding to deliver regional sports facilities for the community to match profound anticipated population growth.

Resolved:

(Moved: The Mayor, Councillor Ngai)

That Council:

A. Write to Hornsby Shire Council to express support for the Westleigh Park project given its significance in supporting the increased population in Northern Sydney; and

B. Write to the Premier for New South Wales, the Minister for Sport, the Minister for Local Government and the Minister for Planning to encourage them to maintain/extend their grant to Hornsby Shire Council to ensure the completion of the Westleigh Park project given its significance in supporting the increased population in Northern Sydney.

CARRIED UNANIMOUSLY

121

Council spend on Grants, Sponsorships and Events

File: FY00275/16

Vide: MM.4

This Mayoral Minute provides an eight-year summary of Council’s spend on Grants, Sponsorships and Events.

While each initiative provides a strategic benefit, every dollar allocated to these means a dollar less that could be allocated to core services such as footpaths, kerbs, guttering and stormwater upgrades.

I encourage Councillors to consider the trade-off when writing their NoMs and amendments. It will be helpful if motions are socialised, tested and refined with other councillors prior to being introduced on the floor of council.

Ordinary Grants & Sponsorships

Funded from Ordinary Rates, these are a combination of year-to-year and once-off initiatives.

There is a significant increase in the coming year, which may be ok if it is a once-off as we have had a higher-than-expected return on investment income in FY23/24.

Ordinary Grants & Sponsorships ($,000s)	FY17/18 Actual	FY18/19 Actual	FY19/20 Actual	FY20/21 Actual	FY21/22 Actual	FY22/23 Actual	FY23/ 24 Forecast	FY24/ 25 Budget
Community Grants	94	94	94	120	99	95	93	93
Heritage Home Grant	14	30	24	50	79	87	55	56
Sponsorships (KPO, MSTYP, Other)	129	118	125	45	114	85	80	80
Domestic Violence Support Grant	-	-	-	-	-	-	-	100
Emergency Relief Grants	-	-	79	-	-	-	-	150
Total	237	242	321	215	292	268	228	479

Environmental Grants

Funded from the Environmental Levy, these provide long-term benefits to our community.

Enviro Grants ($,000s)	FY17/18 Actual	FY18/19 Actual	FY19/20 Actual	FY20/21 Actual	FY21/22 Actual	FY22/23 Actual	FY23/ 24 Forecast	FY24/ 25 Budget
Environmental Conservation Grant	47	48	60	55	50	64	50	50
Net Zero Communities Grant	-	-	-	-	-	36	50	50
Total	47	48	60	55	50	100	100	100

Events

Each year Ku-ring-gai runs events such as the Medieval Fair, Lunar New Year, Eco Festival, Australia Day Concert, Festival on the Green, Outdoor Cinema, Gai-Mariagal Festival, Heritage Festival, Arts & Culture Festival, Twilight Concert, ANZAC Day, Remembrance Day and Wear Orange Wednesday.

In recent years and for operational reasons, we have stopped the Medieval Fair and the Festival on the Green so our overall spend has dropped. In that context, the $50,000 proposed for the Multicultural Festival in NM3 does not sound unreasonable.

Net Cost of Events ($,000s)

FY17/

18 Actual

FY18/

19 Actual

FY19/

20 Actual

FY20/

21 Actual

FY21/

22 Actual

FY22/

23 Actual

FY23/

24 Forecast

FY24/

25 Budget

Total

365

589

384

159

162

211

345

311

Resolved:

(Moved: The Mayor, Councillor Ngai)

That Council notes and receives this Mayoral Minute.

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

Against the Resolution: Councillor Kay

CARRIED

122

Housing Policy Updates (June 2024)

File: S14427

Vide: MM.5

This Mayoral Minute provides an update on local activity regarding the State Government’s housing policies since the Ordinary Meeting of 21 May.

Transport Oriented Development

As per the unanimous resolution from the Extraordinary Meeting on 08 May, Council remains on track to continue with legal proceedings in the NSW Land and Environment Court concerning the Transport Oriented Development (TOD) Amendment to the Housing SEPP. As per the resolution Council staff are also identifying different scenarios to protect heritage conservation areas by re-distributing the residential density within each precinct, with scenarios to be consulted with the public later in the year.

I note that the legal action would not have been required had the NSW Government offered to Ku-ring-gai the deferred commencement that we had requested, and on the same terms that had been offered to 12 other councils. With the cost of inaction being far greater than the potential benefits of legal action, we reluctantly proceed under legal advice to protect our ratepayers’ financial interests.

As of 13 May, landowners have been able to lodge Development Applications within the TOD precincts, though none have been received as at 16 June.

There has also been significant landowner and developer activity in each precinct with properties listed for sale, options on properties being acquired, and expressions of interest being sought.

In particular, multiple owners of heritage listed items have sought council to reverse their heritage listings, however Council officers have stated that any delisting needs to be initiated by the landowners. It is noted that the current situation is not one that Council had initiated, rather, it was the NSW Government that had imposed these conditions on our residents. If the NSW Government had provided to Council the deferred commencement that we had requested, then our residents would not be going through the current experience.

Housing Targets

Under the National Housing Accord, NSW seeks to build 377,000 well-located homes in the five-year period between 01 July 2024 and 30 June 2029.

On 29 May, the NSW Government provided 5-year housing targets for 43 Local Government Areas, with Ku-ring-gai’s share being 7,600 homes in five years. When asked by the media to comment, we said that while these targets are theoretically achievable with the State Government having imposed Transport Oriented Development and Low- and Mid-Rise Housing provisions on us, the real test comes as to whether there will be enough workers to sustain a level of construction output that exceeds what NSW has historically achieved.

The NSW Government did not, however, announce any longer term targets beyond five years. We note that other states like QLD have targets through to 2046 and VIC through to 2051, which enables them to properly plan for long term infrastructure.

There has also been public confusion over the NSW Government’s 15-year targets over the TOD precincts as compared to these 5-year targets for entire LGAs. These targets and policies are summarised in the image below.

Low- and Mid-Rise Provisions for the Housing SEPP

On 21 May, Council resolved unanimously as part of GB11 that Council:

B. Requests a 12-month deferral of the low- and mid-rise Housing SEPP from the department upon agreeing reasonable 5-year and 20-year new-dwelling targets as implied by the SEPP. The targets will form the basis of an update to its Local Environment Plan over 12 months with the intent to match state policy objectives while providing a superior and more environmentally sensitive outcome for future residents.

Council staff raised this request with the Department of Planning on the following day, 22 May, to which the Department provided no formal acknowledgement or response.

As a follow-up, the Mayor also wrote to the Planning Minister on 31 May (see Attachment 1) to request the 12-month deferral and 20-year targets, however his response on 04 June (see Attachment 2) failed to respond to or acknowledge this request.

Based on what is currently publicly available in the media, it is likely that the Low- and Mid-Rise Housing provisions will be introduced across all of NSW in June or July with no deferrals offered to any council.

To provide members of the public with more information on the Low- and Mid-Rise Housing changes, Council will be running five in-person and one online public forums in the coming weeks.

345 Pacific Highway Planning Proposal

On 22 May the Ku-ring-gai Local Planning Panel made its recommendation to Council, which will be considered at tonight’s meeting as part of GB11.

I understand that the Sydney North Planning Panel has and will also be considering this matter as part of a Rezoning Review, but as of 16 June its recommendation to the minister has yet to be published.

Resolved:

(Moved: The Mayor, Councillor Ngai)

That Council notes and receives this Mayoral Minute.

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

Against the Resolution: Councillor Kay

CARRIED

PETITIONS

GENERAL BUSINESS

123

Active Transport Reference Committee meeting minutes of 9 May 2024

File: S02696

Vide: GB.1

To consider the minutes from Active Transport Reference Committee (‘ATRC’) meeting held on 9 May 2024.

Resolved:

(Moved: Councillors Ward/Lennon)

That Council receive and note the ATRC minutes from 9 May 2024.

CARRIED UNANIMOUSLY

124

Audit Risk & Improvement Committee - Appointment of Second External Independent Member

File: S14516

Vide: GB.2

To consider the appointment of a candidate to the position of external Independent Member on Council’s Audit, Risk & Improvement Committee (ARIC).

Resolved:

(Moved: Councillors Ward/Lennon)

That Applicant 11 as listed in confidential Attachment A1 be appointed as Independent Member on the ARIC, for a period of four years commencing from 1 July 2024.

CARRIED UNANIMOUSLY

125

Enterprise Risk Management Framework

File: S11503

Vide: GB.3

The purpose of this report is to seek Council’s approval for the revised Enterprise Risk Management (ERM) Policy and the draft Risk Appetite Statement following the Councillor briefing session held on 5 June 2024.

Resolved:

(Moved: Councillors Ward/Lennon)

It is recommended that Council:

A. Adopt the revised Enterprise Risk Management Policy (Attachment A1)

B. Adopt and the new Risk Appetite Statement (Attachment A3)

CARRIED UNANIMOUSLY

126

Internal Audit Charter

File: CY00458/12

Vide: GB.4

To provide for the Council’s approval a draft Internal Charter endorsed by the ARIC and based on the approved model internal audit charter.

Resolved:

(Moved: Councillors Ward/Lennon)

That Council approve and adopt the Internal Audit Charter (Attachment A1).

CARRIED UNANIMOUSLY

127

Investment Report as at 31 May 2024

File: FY00623/6

Vide: GB.5

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

Resolved:

(Moved: Councillors Ward/Lennon)

That:

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

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

CARRIED UNANIMOUSLY

128

Mayor and Councillor Fees - 2024/2025 Local Government Remuneration Tribunal Determination

File: S13632

Vide: GB.6

To determine the mayoral and councillor fees for the 2024/25 financial year.

Resolved:

(Moved: Councillors Ward/Lennon)

That effective 1 July 2024:

A. The annual councillor fee be set at $28,690; and

B. The annual mayoral fee be set at $76,190, in addition to the councillor fee.

CARRIED UNANIMOUSLY

129

Post Exhibition - Revised Resourcing Strategy, Delivery Program and Operational Plan

File: FY00382/16

Vide: GB.7

To adopt the revised Resourcing Strategy 2024-2034, revised Delivery Program 2022-2026 and Operational Plan 2024-2025, incorporating the Budget, Capital Works Program, Statement of Revenue Policy and Fees and Charges for 2024-2025.

Resolved:

(Moved: Councillors Ward/Lennon)

A. That Council adopts the revised Resourcing Strategy 2024-2034, revised Delivery Program 2022 - 2026 and Operational Plan 2024–2025, incorporating the budget, capital works program, statement of revenue policy and fees and charges for 2024–2025, with amendments discussed in this report.

B. That Council adopts the rates structure as presented in this report.

C. That Council writes to all residents and groups that made submissions in relation to the draft revised Resourcing Strategy, revised Delivery Program and Operational Plan and advise them of the outcomes of Council’s consideration.

CARRIED UNANIMOUSLY

130

47 Warrane Road, Roseville Chase - reclassification to Community Land

File: S13447-1

Vide: GB.8

To have Council consider the exhibition feedback on the proposed reclassification of 47 Warrane Road, Roseville Chase.

Resolved:

(Moved: Councillors Ward/Lennon)

A. 47 Warrane Road Roseville Chase (Lot 33 DP 3285, Lot 34 DP3285, Lot 3 DP 26343, and Lot B DP403780) be reclassified to ‘community land’ under the NSW Local Government Act 1993.

B. That 47 Warrane Road Roseville Chase (Lot 33 DP 3285, Lot 34 DP3285, Lot 3 DP 26343, and Lot B DP403780) be categorised as General Community Use as set out in Section 36 I of the NSW Local Government Act 1993.

C. That a Masterplan for the future recreational use of the site be included in the 2025/26 Delivery and Operational Plan and reported back to Council.

D. All persons who made a submission be notified of Council’s decision.

CARRIED UNANIMOUSLY

131

Canoon Road Recreation Area Plan of management Amendment - for adoption

File: S09042

Vide: GB.9

To have Council adopt amendments to the Canoon Road Recreation Area Plan of Management.

Resolved:

(Moved: Councillors Ward/Lennon)

That:

A. Council adopt the following amendment to Action 39 of the Action Plan in the Canoon Road Recreation Area Plan of Management:

Operating under lights

· For training on Mondays, Tuesdays, and Wednesdays on up to 9 courts (courts 1 – 4, 20, 22 – 25) between 4.30pm – 8.00pm for the netball season, from March to September.

· For competition games or training on Thursday on up to 9 courts (courts 1 – 4, 20, 22 – 25) between 4.30pm – 8.00pm for the netball season, from March to September.

No fixtures or training under lights on Fridays.

B. the amended Plan of Management be placed Council’s website.

CARRIED UNANIMOUSLY

132

Draft Planning Agreement in association with proposed subdivision - extension of Dorset Drive St Ives

File: S13761

Vide: GB.10

To consider a draft planning agreement in association with a development application for a six lot subdivision together with the recommendation to place the draft planning agreement on public exhibition.

Resolved:

(Moved: Councillors Ward/Lennon)

A. That public notice of the exhibition of the draft Planning Agreement and Explanatory Note relating to the property at 139 Rosedale Road, St Ives (Lot X DP442469) for the purposes of facilitating land dedication and the process of delivery for the extension of Dorset Drive in St Ives in association with DA0109/23, be duly given.

B. That the draft Planning Agreement together with the Explanatory Note be made available for inspection, in accordance with the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2021.

C. That a report be brought back to Council following the completion of the statutory exhibition process associated with the draft Planning Agreement.

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

CARRIED UNANIMOUSLY

133

Acquisition of Land at Gordon

File: CY00854

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

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

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

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

Report by Director Strategy & Environment dated 3 June 2024.

Resolved:

(Moved: Councillors Ward/Lennon)

That Council notes the report on land acquisition in Gordon and endorses the contents of this report.

CARRIED UNANIMOUSLY

134

Public restrooms (West Gordon Shops and elsewhere)

File: S03556

Vide: NM.2

Notice of Motion from Councillor Lennon dated 31 May 2024

The West Gordon Shops do not currently have any public restrooms. Council does not currently own surplus land there or near there to provide a public restroom. Any public restroom would come at the expense of parking and/or landscaped areas.

The closest parkland to the shops at West Gordon is Bandalong Reserve. That is a considerable distance away.

Other small local shopping areas in Ku-ring-gai also lack public restrooms. Council does not currently have a funding source for public restrooms. Nor is there a public restroom strategy.

I, therefore, move:

That Council staff develop and provide to Council a strategy for the provision of public restrooms in Ku-ring-gai.

Resolved:

(Moved: Councillors Lennon/Smith)

That the above Notice of Motion as printed be adopted.

CARRIED UNANIMOUSLY

After having declared an interest on item GB.11, Councillor Wheatley withdrew from the chambers during discussion and did not vote on the matter.

135	Planning Proposal 345 Pacific Highway, Lindfield File: S14297 Vide: GB.11
	For Council to consider the private Planning Proposal for 345 Pacific Highway, Lindfield.
	Motion: (Moved: Councillors Lennon/Smith) That Council reject the Planning Proposal for 345 Pacific Highway, Lindfield. AMENDMENT: (Moved: The Mayor, Councillor Ngai/G.Taylor) A. The Planning Proposal be amended in accordance with the recommendations in this report and Table of Assessment (Attachment A11) B. That the amended Planning Proposal be submitted for a Gateway Determination in accordance with section 3.34 of the Environmental Planning and Assessment Act 1979. C. A site-specific Development Control Plan be prepared for the site in accordance with the details in this report and exhibited concurrently with the Planning Proposal, should it receive a Gateway Determination The Amendment was put and declared CARRIED. For the Resolution: The Mayor, Councillor Ngai, Councillors Kay, A. Taylor, G. Taylor, and Ward Against the Resolution: Councillors Lennon, Smith The Amendment became the Motion. AMENDMENT: (Moved: Councillors Smith/Lennon) A. The Planning Proposal be amended to include Height of Buildings at 32.0 metres (9 storeys) and Floor Space Ratio to 2.31:1. B. Accept as otherwise required by A (above), the Planning Proposal be amended in accordance with the recommendations in this report and Table of Assessment (Attachment A11). C. That the amended Planning Proposal be submitted for a Gateway Determination in accordance with section 3.34 of the Environmental Planning and Assessment Act 1979. D. A site-specific Development Control Plan be prepared for the site in accordance with the details in this report and exhibited concurrently with the Planning Proposal, should it receive a Gateway Determination The Amendment was put and declared CARRIED. For the Resolution: Councillors Lennon, Smith A. Taylor, G. Taylor, and Ward Against the Resolution: The Mayor, Councillor Ngai, Councillor Kay The Amendment became the Motion. The Motion was put and declared CARRIED. For the Resolution: Councillors Lennon, Smith A. Taylor, G. Taylor, and Ward Against the Resolution: The Mayor, Councillor Ngai, Councillor Kay
	Resolved: (Moved: Councillors Smith/Lennon) A. The Planning Proposal be amended to include Height of Buildings at 32.0 metres (9 storeys) and Floor Space Ratio to 2.31:1. B. Accept as otherwise required by A (above), the Planning Proposal be amended in accordance with the recommendations in this report and Table of Assessment (Attachment A11). C. That the amended Planning Proposal be submitted for a Gateway Determination in accordance with section 3.34 of the Environmental Planning and Assessment Act 1979. D. A site-specific Development Control Plan be prepared for the site in accordance with the details in this report and exhibited concurrently with the Planning Proposal, should it receive a Gateway Determination For the Resolution: Councillors Lennon, Smith, A. Taylor, G. Taylor, and Ward Against the Resolution: The Mayor, Councillor Ngai and Councillor Kay CARRIED

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

Motions of which due Notice has been given

As Councillors Spencer and Pettett were absent from the meeting, The Mayor, Councillor Ngai deferred consideration of item NM.1 - Investigation into the feasibility of relocating the NSFA’s Grandstand Project from North Turramurra Recreation Area to Norman Griffiths Oval, West Pymble - until the next Ordinary Meeting of Council.

136	Multicultural Festival and Multicultural Inclusion Plan File: S04141 Vide: NM.3
	Notice of Motion from Councillor Ward dated 3 June 2024 Ku-ring-gai is a modern, multicultural community with 42.6% of its residents (52,849) born overseas. There has been significant growth in diversity within recent years, with an additional 14,074 residents settling from another country between 2011 and 2021. This cultural diversity provides social and economic enrichment through the sharing of cultures, traditions, beliefs, foods, languages, and histories. In recognition of Ku-ring-gai’s growing multicultural community, Council established the Multicultural Advisory Committee in 2022. This Committee advocates for our culturally and linguistically diverse (CALD) communities, providing advice and guidance to Council on issues experienced by our multicultural communities. The Multicultural Advisory Committee has consistently advocated for Council to champion the cultural diversity of the area and provide opportunities for people from various cultural groups to come together. To achieve this, the Multicultural Advisory Committee has recommended Council host a multicultural festival to highlight the strengths of our diversity, and increase understanding both toward and between, our culturally and linguistically diverse communities. Cultural activities help build social capital, they create trust, acceptance, and empathy by binding people from various backgrounds and ages together in shared experiences. A multicultural festival will provide an opportunity for Ku-ring-gai residents from all cultural backgrounds to learn from each other, build cross-cultural connections and enhance our community’s cultural competence. Moreover, a Multicultural Inclusion Plan will promote equity and social justice by addressing barriers faced by recent arrivals to Ku-ring-gai. This Plan ensures that our policies and practices are fair and inclusive, working towards eliminating discrimination and promoting equal opportunities for all. By fostering dialogue and understanding amongst different cultural groups the plan will provide mechanisms for resolving disputes and creating a more harmonious community. By actively engaging multicultural communities Council can increase civic participation and lead to a better understanding of the unique needs of different cultural groups. Valuing and leveraging our cultural diversity will enable the Council to create an environment where all residents can thrive and contribute to the collective well-being and prosperity of Ku-ring-gai. I, therefore, move that Council: A. Allocate $50,000 towards a Ku-ring-gai Multicultural Festival, supported by the Multicultural Advisory Committee. B. Develop a Multicultural Inclusion Plan in consultation with the local community to ensure the plan reflects the diverse needs and perspectives of the community.
	Motion: (Moved: Councillors Ward/Lennon) A. Allocate $50,000towards a Ku-ring-gai Multicultural Festival, supported by the Multicultural Advisory Committee. B. Develop a Multicultural Inclusion Plan in consultation with the local community to ensure the plan reflects the diverse needs and perspectives of the community. AMENDMENT: (Moved: Councillors Lennon/Smith) A. Apply to the New South Wales government (through Multicultural NSW) for a grant of $50,000 towards a Ku-ring-gai Multicultural Festival, supported by the Multicultural Advisory Committee and that Ku-ring-gai Council contributes $15,000 - $30,000 towards the Multicultural Festival. B. Develop a Multicultural Inclusion Plan in consultation with the local community to ensure the plan reflects the diverse needs and perspectives of the community. C. That Multicultural Festival and Multicultural Inclusion Plan encompass so far as is practical and in approximate proportions of their population in Ku-ring-gai all the races and ethnicities living within Ku-ring-gai, and their cultures, including for the avoidance of doubt British, Irish, and other European races and ethnicities and their cultures, along with Australian and other Western cultures. 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/Smith) A. Apply to the New South Wales government (through Multicultural NSW) for a grant of $50,000 towards a Ku-ring-gai Multicultural Festival, supported by the Multicultural Advisory Committee and that Ku-ring-gai Council contributes $15,000 - $30,000 towards the Multicultural Festival. B. Develop a Multicultural Inclusion Plan in consultation with the local community to ensure the plan reflects the diverse needs and perspectives of the community. C. That Multicultural Festival and Multicultural Inclusion Plan encompass so far as is practical and in approximate proportions of their population in Ku-ring-gai all the races and ethnicities living within Ku-ring-gai, and their cultures, including for the avoidance of doubt British, Irish, and other European races and ethnicities and their cultures, along with Australian and other Western cultures. CARRIED UNANIMOUSLY

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

NIL

QUESTIONS WITH NOTICE

NIL

Inspections– SETTING OF TIME, DATE AND RENDEZVOUS

NIL

The Meeting closed at 8:50PM.

The Minutes of the Ordinary Meeting of Council held on 18 June 2024 (Pages 1 - 25) were confirmed as a full and accurate record of proceedings on 16 July 2024.

__________________________ __________________________

General Manager Mayor / Chairperson

Ordinary Meeting of Council - 16 July 2024	GB.1 / 0

Item GB.1	CY00413/12

Heritage Reference Committee meeting minutes of 6 June 2024 & 2024-25 Heritage Home Grants Allocation

EXECUTIVE SUMMARY

purpose of report:	For Council to consider the minutes from the previous Heritage Reference Committee (‘HRC’) meeting held on 6 June 2024 and HRC recommendations for the applications under the Heritage Home Grants (HHG) program for 2024/25 and an IHO request.

background:	Council is required to consider and receive the minutes of the Heritage Reference Committee and to make them publicly available via Council’s website. HRC minutes are confirmed by HRC prior to being presented to Council. Council’s Heritage Home Grants is an annual funding program available to owners of heritage items and contributory properties located within heritage conservation areas. Applications were considered by the HRC at its meeting of 6 June 2024. The implications of the TOD SEPP were also discussed.

comments:	The Heritage Reference Committee minutes under consideration are attached. Council’s HRC have considered and made recommendations in relation to the allocation of funding under Council’s Heritage Home Grants fund for the 2024/25 financial year. In addition the request for the Minister for Heritage make an Interim Heritage Order for the land of 23 heritage conservation areas subject to the TOD SEPP was discussed.

recommendation: (Refer to the full Recommendation at the end of this report)	That Council receives and notes the HRC minutes from 6 June 2024.That Council approves the grant applications as set out in this report for the Heritage Home Fund 2024/25 and that Council waives any minor works application fees required by successful grant recipients to undertake projects approved for funding. A request for the Minister for Heritage to make an IHO over the heritage conservation areas impacted by the TOD SEPP.

Purpose of Report

Background

Council is required to consider and receive the minutes of the HRC and to make them publicly available via Council’s website. HRC minutes are confirmed by HRC prior to being presented at the OMC. The minutes from the HRC meeting were circulated to HRC members by email following the meeting and edits incorporated.

Council’s HHG program is an annual funding incentive available to owners of heritage items and contributory properties located within heritage conservation areas. The HHG program aims to assist and encourage owners in the ongoing conservation of their heritage places.

Funding is available for listed heritage items and contributory heritage properties within heritage conservation areas for approved conservation works and maintenance works to original and significant fabric.

The applications for funding under the 2024/25 financial year closed on 13 May 2023 after a two-month application period. An extension to 17 May 2024 was provided for submitting online applications. These are subject to the HHG Guidelines included in Attachment A2.

Council officers inspected all properties with eligible applications in May 2024. Photographs were taken of the properties and discussions held with their owners regarding the proposed works.

All eligible applications were reviewed by the Heritage Reference Committee (HRC at its meeting of 6 June 2024). The recommended funding allocation and conditions for approved projects are included at Attachment A2.

Comments

Heritage Reference Committee minutes and recommendations

The Heritage Reference Committee minutes under consideration are at Attachment A1.

At this Heritage Reference Committee meeting, a report was tabled named “Preliminary Heritage Assessment: 23 heritage conservation areas of Gordon, Killara, Lindfield and Roseville” dated June 2024. See Attachment A4. As set out in the minutes, the Committee resolved to recommend the Minister for Heritage make an Interim Heritage Order for the land of 23 heritage conservation areas subject to the TOD SEPP.

At the time of writing this report it was understood that the recommendation from the HRC to request the NSW Minister for Heritage to make an Interim Heritage Order over the 23 heritage conservation areas subject to the TOD SEPP may be raised as a Notice of Motion. In the event that a Notice of Motion is either not submitted, or submitted and subsequently withdrawn, the following additional recommendation for Council consideration arises from the Committee’s deliberations:

D. That Council request the Minister for Heritage make an Interim Heritage Order for the land of 23 heritage conservation areas subject to the TOD SEPP while their significance is assessed, as set out in the “Preliminary Heritage Assessment: 23 heritage conservation areas of Gordon, Killara, Lindfield and Roseville” dated June 2024.

This recommendation from the Heritage Reference Committee is consistent with Council’s adopted position in relation to the Transport Oriented Development SEPP amendments.

The Heritage Reference Committee also made recommendations on the Heritage Home Grants applications, outlined below.

Heritage Home Grants 2024/25

The call for HHG 2024/25 applications was advertised on Council’s website and as part of the Ku-ring-gai Heritage Festival.

The total amount of funding available for this round is $100,000.

12 applications were received this year; of which 1 was ineligible.

At the meeting held on 6 June 2024, the Heritage Reference Committee (HRC) considered applications in light of the guidelines, the importance of the work to the significance of the property, as well as its overall heritage value.

12 applications are recommended for funding. Funding is based on project eligibility with conditions to conserve heritage significance, fulfil planning consent and heritage home grants guideline requirements. This includes 3 projects classed as high priority and recommended for up to $5,000, 8 projects classed as medium priority and recommended up to $5,000, and no projects classed as low priority. Maximum funding was offered for all priorities this year, in line with the usual grant conditions, because funds permitted.

The total recommended funding is approximately $15,000 for high priority projects and $41,390 for medium priority projects, totalling up to $56,390.

Some grants have been adjusted because not all applications are clear, appropriately conserve significant features, or include more or less than the required scope of works for conservation of significant features. Clarification or changes to works is based on HRC recommendations for appropriate conservation. Owners have the opportunity to decline the grant if they do not wish to accept these conditions and seek any necessary development consent for different works.

Minor works or DA approval may be required for some works recommended for funding. It is recommended as done in previous years that Council waives any minor works application fees required by successful grant recipients to undertake projects approved for funding.

All projects can begin following Council’s grant approval, written offer, and owner acceptance. Works will need to be completed by May 2025 for grant payment by 30 June 2025.

One application was ineligible because they had received a grant in the past 5 years. Council officers will provide advice to the unsuccessful applicants to guide future eligible applications.

Heritage Promotion

The provision of funding through the Heritage Home Grants scheme is essential for the positive promotion of the unique character and built heritage of Ku-ring-gai. This funding assists owners in obtaining specialist tradespeople to deal with the unique needs of heritage buildings. In previous years, owners have consented to Council using their projects funded under the scheme as exemplars, which assist in educating owners of heritage buildings on how to restore and maintain their heritage items. Such case studies are currently in development and it is aimed to disseminate them via Council’s website.

integrated planning and reporting

Theme 3: Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
Strategies, plans and processes are in place to effectively protect and preserve Ku-ring-gai’s heritage assets	Implement, monitor and review Ku-ring-gai’s heritage planning provisions	Identify gaps in existing strategies and plan

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

Implement, monitor and review Ku-ring-gai’s heritage planning provisions

Identify gaps in existing strategies and plan

Governance Matters

The HRC provides advice on heritage matters and assists with the promotion, understanding and appreciation of heritage. While not a decision-making body, the HRC nevertheless plays an important advisory function in shaping Ku-ring-gai's future. This HRC is a vital link in communications between Council and the community.

Risk Management

In providing advice and recommendations to Council on the management of strategic heritage issues in Ku-ring-gai, the HRC assists in the management of Ku-ring-gai’s cultural heritage.

Financial Considerations

The costs of running the Heritage Reference Committee are covered by the Strategy and Environment Department’s budget.

The HRC has made no recommended changes to the funding for next year’s grant program. The funding is provided through Council’s Capital Work Program & Operational Projects plan.

Social Considerations

The aims of the HRC are to provide advice to Council on heritage matters and to provide assistance to Council in promoting an understanding and appreciation of heritage, including matters of social heritage significance.

Environmental Considerations

A role of the HRC is to support Council in identifying and managing Ku-ring-gai’s cultural heritage. No additional environmental considerations are relevant to this process.

Community Consultation

The Heritage Reference Committee meets on a monthly basis or as required and notification of meetings is provided on Council’s website.

The call for HHG 2024/25 applications was advertised on Council’s website. Site inspections of all eligible HHG properties occurred in May 2024.

Internal Consultation

Council’s Communication team have been promoting the HHG programme on Council’s website as part of the Ku-ring-gai Heritage Festival. The Heritage Reference Committee includes Councillors, heritage practitioners and community members and is facilitated by Council staff. The HRC held its meeting on 6 June 2024 to consider Council’s HHG 2024/25 applications.

Summary

Council is required to consider and receive the minutes of the HRC and to make them publicly available via Council’s website. HRC minutes are confirmed by HRC prior to being presented at an Ordinary Meeting of Council. These minutes are now being referred to Council, noting the resolved recommendation for an Interim Heritage Order request.

The members of the HRC have recommended applications receive a portion of funding for the 2024/25 financial year as outlined in Attachment A2.

The Committee considered the “Preliminary Heritage Assessment: 23 heritage conservation areas of Gordon, Killara, Lindfield and Roseville dated June 2024” (Attachment A4). The Committee also resolved that Council recommend to the Minister for Heritage to make an Interim Heritage Order for the land of 23 heritage conservation areas subject to the TOD SEPP.

Recommendation:

A. That Council receive and note the HRC minutes at Attachment A1 from the meeting held on 6 June 2024.

B. That Council approves the Heritage Home Grant funding as set out in Attachment A3.

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

Claudine Loffi

Heritage Specialist Planner

Craige Wyse

Team Leader Urban Planning

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1 ⇩	HRC minutes of 6 June 2024	2024/214285
	A2 ⇩	Heritage Home Grants Guidelines	2022/074144
	A3 ⇩	Heritage Home Grants 2024/25 - Summary of works, recommended funding and conditions	2024/221764
	A4 ⇩	Preliminary heritage assessment of 23 heritage conservation areas - June 2024	2024/197974

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
L4.1 The organisation provides ethical and transparent decision-making, efficient management and quality customer services.	Compliance with the requirements of relevant Acts and Regulations.	Comply with the requirements of the Local Government Act and Regulations.

Ordinary Meeting of Council - 16 July 2024	GB.3 / 0

Item GB.3	FY00275/16

Ku-ring-gai Council Sponsorship 2024-2025

EXECUTIVE SUMMARY

purpose of report:	To advise Council of sponsorship requests received under Council’s Sponsorship Policy for 2024–2025, and to provide recommendations for funding.

background:	Council sponsors public and private sector activities through direct funds and in-kind support, in line with Council’s Sponsorship Policy and the Ku-ring-gai Destination Management Plan. An Expression of Interest process, inviting applications for sponsorship proposals for 2024–2025 has recently been undertaken.
comments:	Applications for sponsorship to the value of $174,158 have been received this year. Requests for Events Sponsorship over $5,000 were received from Wahroonga Food and Wine Festival, Wahroonga Village Fair, St Ives Food and Wine Festival, Bobbin Head Cycle Classic, Challenge Works Bare Creek Trail Run, Roseville Story Productions, Special Olympics Ku-ring-gai Chase Fun Run, Ravenswood School for Girls Australian Women’s Art Prize, Sydney Backyard Ultra,180 Cadence Naak Sydney Backyard Ultra. There were also seven (7) requests for Events Sponsorship under $5,000 received from Meet Mudgee, Vegan Events Australia, Ku-ring-gai Shield, Ku-ring-gai Art Society, St Ives Pre-School and Kindergarten, Northlight Anglican Church West Pymble and Mental Fitness Collective. Arts and Cultural Sponsorship requests have been received from the Marian Street Theatre for Young People and the Ku-ring-gai Philharmonic Orchestra, and a General Sponsorship request has been received from The Welcome Basket.

recommendation:	That Council approve recommendations for sponsorship funding for Events, Arts and Cultural and General Sponsorship, as recommended in this report.

Purpose of Report

To advise Council of sponsorship requests received under Council’s Sponsorship Policy for 2024–2025, and to provide recommendations for funding.

Background

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

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

Council has recently undertaken an Expression of Interest process inviting applications for sponsorship proposals for 2024–2025. The Expression of Interest process was advertised on the Council website, Council’s E News, Hornsby Ku-ring-gai Post and Facebook and an email was sent to all previous recipients and new enquiries advising that applications would be open from 1 May to 30 May 2024.

Comments

Requests for Council Sponsorship

Applications for the 2024-2025 round of Events and Arts and Cultural sponsorship have far exceeded previous year’s requests, with a total of $174,158 being requested from 19 organisations.

Council’s budget for sponsorship for 2024-2025 is $79,900.

There have also been requests from new organisations this year which include Ravenswood School for Girls Australian Women’s Arts Prize, 180 Cadence (Naak) Sydney Backyard Ultra, Meet Mudgee, Vegan Events Australia and Mental Fitness Collective.

Due to the significant increase in the number and value of requests, along with the limited amount of funding for sponsorship, it has been necessary to apply an overall reduction across all categories of sponsorship to ensure a more equitable distribution of funding.

Applications Received

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

Events Sponsorship over $5000 (Attachments A1 – A16)

· Wahroonga Food and Wine Festival ($20,000)

· Wahroonga Village Fair ($15,000)

· St Ives Food & Wine Festival ($10,000)

· Bobbin Head Cycle Classic ($11,000)

· Challenge Works Bare Creek Trail Run ($6,500)

· Roseville Story Productions ($5,000)

· Special Olympics Ku-ring-gai Chase Fun Run ($5,000)

· Ravenswood School for Girls Australian Women’s Arts Prize ($5,000)

· 180 Cadence (Naak) Sydney Backyard Ultra ($5,000)

Events Sponsorship under $5,000

· Meet Mudgee ($4,492)

· Vegan Events Australia ($4,000)

· Ku-ring-gai Shield ($2,500)

· Ku-ring-gai Art Society Exhibition ($2,000)

· St Ives Pre-School and Kindergarten ($2,000)

· Northlight Anglican Church West Pymble ($2,000)

· Mental Fitness Collective ($1,666)

Arts and Cultural Sponsorship over $5000 (Attachments A17 and A18)

· Marian Street Theatre for Young People ($40,000)

· Ku-ring-gai Philharmonic Orchestra ($25,000)

General Sponsorship

· The Welcome Basket ($8,000) (Attachment A19)

All sponsorship applications have been assessed according to Council’s Sponsorship policy and associated selection criteria, and the following recommendations have been put forward:

Events Sponsorship over $5,000	Amount requested	Amount recommended
Wahroonga Food and Wine Festival	$20,000	$6,000
Wahroonga Village Fair	$15,000	$6,000
St Ives Food and Wine Festival	$10,000	$4,000
Bobbin Head Cycle Classic	$11,000	$7,000
Challenge Works Bare Creek Trail Run	$6,500	$4,000
Roseville Story Productions	$5,000	$1,000
Special Olympics Ku-ring-gai Chase Fun Run	$5,000	$4,000
Ravenswood School for Girls Australian Women’s Art Prize	$5,000	$500
180 Cadence (Naak) – Sydney Backyard Ultra	$5,000	$500
Events Sponsorship under $5,000
Meet Mudgee	$4,492	$2,500
Vegan Events Australia	$4,000	$500
Ku-ring-gai Shield	$2,500	$1,500
Ku-ring-gai Art Society Exhibition	$2,000	$2,000
St Ives Pre-School and Kindergarten	$2,000	$400
Northlight Anglican Church West Pymble	$2,000	$500
Mental Fitness Collective	$1,666	$500
Arts and Cultural Sponsorship
Marian Street Theatre for Young People	$40,000	$18,000
Ku-ring-gai Philharmonic Orchestra	$25,000	$18,000
General Sponsorship
Welcome basket	$8,000	$3,000
Total value of sponsorship requests received	$174,158	$79,900

Summary of Sponsorship Requests and Recommendations for funding Events Sponsorship requests:

Wahroonga Food and Wine Festival

Request for $20,000 – Recommendation for funding $6,000

The Wahroonga Food and Wine Festival 2024 has requested sponsorship for the 10th annual fair on Sunday 27 October 2024, in Wahroonga Park. The event delivers a high quality, unique food and wine festival, providing significant promotion of key regional Australian wine regions that are able to present their unique local produce to the festival audience. Ku-ring-gai residents, businesses and regional visitors have the opportunity to be part of this free public event with over 8,000 visitors. The festival also offers an opportunity to showcase local schools, musical talent, and local performers who will entertain on the rotunda stage across the day. Recommended funding of $6,000 is primarily because of the high visitation rate for the festival which attracts regional participation. The recommended amount is consistent with previous years funding.

Wahroonga Village Fair

Request for $15,000 – Recommendation for funding $6,000

Wahroonga Rotary has requested sponsorship for the Wahroonga Village Fair to be held on Sunday 1December 2024. The fair will provide an opportunity for Ku-ring-gai families to enjoy community stalls, food and entertainment attracting over 10,000 visitors. Funds raised from the fair will support community and youth projects including bursaries for St Lucy’s and St Edmund’s Schools. Recommended funding of $6,000 as the Wahroonga Village Fair is a more localised event in a rebuilding phase following the appointment of a new event volunteer committee.

St Ives Food & Wine Festival

Request for $10,000 – Recommendation for funding $4,000

St Ives Food & Wine Festival 2024 will be held at St Ives Village Green from 10.00am until 4.00pm on 22 September 2024, an all-day event for the whole family. Animal farm, pony rides, face painting and jumping castles for children to local musicians busking, karate demonstrations, 30+ food stalls, 30+ wine stalls 25 lifestyle local RFS and fire brigade trucks and Knox piped band. The event has been running for the past 10 years and attracts over 3000 visitors.

Bobbin Head Cycle Classic

Request for $11,000 – Recommendation for funding $7,000

The Bobbin Head Cycle Classic has requested sponsorship for a regional cycling event that attracts over 2,500 riders from across NSW. The event, which starts and finishes at Karuah Oval in Turramurra will be held on Sunday 30 March 2024, is presented by Ku-ring-gai Rotary Clubs, and is supported by over 500 volunteers with over 2,000 spectators. In 2023 the event raised $120,000 with all proceeds supporting Lifeline (Harbour to Hawkesbury), KYDS, Hornsby Connect, Hornsby/ Ku-ring-gai Women’s Shelter, Eagles Raps and the Cromehurst Foundation.

Sponsorship funds will be used for event operational and safety provisions including variable message signs, traffic control barriers and NSW Police events support. Recommended funding of $7,000 because the Bobbin Head Cycle Classic is a regional event attracting audiences from across NSW, with high participant rates and wide engagement.

Challenge Works The Bare Creek Trail Run

Request for $6,500 – Recommendation for funding $4,000

The Bare Creek Trail Run has requested sponsorship for a community fun run to be held on 3 November 2024, at Acron Oval, St Ives. The event is a combination of an active community gathering and a fundraising event. It has raised many thousands of dollars over recent years for the Indigenous Marathon Foundation, Run Beyond Project and MedEarth. The event provides an opportunity for competitive and non-competitive runners to participate in a family friendly, professionally run community event, that showcases the scenery and attraction of the local area attracting over 1,200 runners. There are four distance options covering distances of 2km, 6km, 12km and 20km. This ensures that participants of a wide variety of abilities, age groups and levels of competitiveness can participate. Recommended amount of $4,000 due to this being a niche regional event with lower attendance numbers.

Roseville Story Productions

Request for $5,000 – Recommendation for funding $1,000

Roseville Story Productions has requested sponsorship for a comedy drama The Roseville Story by Alexandra Long in the Concourse. The funding of $1,000 will contribute toward the delivery of community entertainment and preparation of production of the play on 7 December. The play will be directed by Denny Lawrence and performed by professional actors. The production will be accompanied by live music provided by the Bounty Hunter Band. The event is a localised community event and funding will support the marketing of the comedy drama.

Special Olympics Ku-ring-gai Chase Fun Run

Request for $5,000 – Recommendation for funding $4,000

The Special Olympics Ku-ring-gai Chase Fun Run has requested funding for a regional fun run and walk and will be held on 15 June at Claude Cameron Grove, Wahroonga. The fun run, which attracts over 700 participants, showcases community partners, schools, local businesses and disability providers. In 2024 the event raised $12,428 for the Special Olympics. Sponsorship funds will be used for event operational and safety provisions including variable message signs, waste management and portable events infrastructure including amenities. Recommended amount of $4,000 due to the Special Olympics being a localised event with lower visitation and audience engagement. The Special Olympics however enjoys strong community support.

Ravenswood School for Girls - Ravenswood Australian Women's Art Prize

Request for $5,000 – Recommendation for funding $500

The Ravenswood Australian Women's Art Prize is an annual national acquisitive art prize for women artists across Australia. It launched in 2017 by Ravenswood School for Girls to raise the profile of women artists in Australia and provide a platform for women artists to showcase their artworks.

It is the mission of the Art Prize, to amplify the relevance and reality of careers in art for current women artists, including First Nations women and generations of women to come.

The Opening Night and Announcement of winners will be held in June 2025 in Gordon on a Friday evening from 6.00pm to 8.30pm, followed by the Exhibition of Finalists which is free and open to the public for two weeks / three weekends. The art prize has not previously received funding and will support the regional promotion of the event.

180 Cadence (Naak) - Sydney Backyard Ultra

Request for $5,000 – Recommendation for funding $500

Sydney Backyard Ultra running race St Ives Showground 5 – 7 October 2024.

Community running event for all levels of fitness. Participants walk / run for any time period from 1 hour to 48 hours depending on their fitness level and goals. Participants from the local council area and throughout Sydney can walk, jog, run a 6.7km course for a period of 48 hours. The event has not previously received funding and will support the regional promotion of the event.

Meet Mudgee

Request for $4,492 – Recommendation for funding $2,500

The inaugural Meet Mudgee will be held on Sunday 2 March 2025 at Wahroonga Park. The event is a thematic food and beverage festival for the North Shire region delivered in partnership with the Mudgee Region, Mudgee Wine Association and Mudgee Fine Foods. The event will focus on supporting regional NSW producers bringing the country to the city and building strong partnerships with Ku-ring-gai partners and sponsors. The event will also celebrate local music talent performing throughout the day. The event will attract high regional visitation and has not previously received funding.

Vegan Events Australia

Request for $4,000 – Recommendation for funding $500

Vegan Events Australia will be delivering the Green Heart Market at St Ives Showground Sunday 8 September 2024. Green Heart Market is to create a marketplace focused on sustainability, environmental responsibility and community well-being. The event will be promoting products that are eco-friendly, ethically sourced and produced with minimal environmental impact.

Vegan Events Australia has coordinated markets in Queensland for over 8 years along with the Brisbane Vegan Expo which is in its third year. The event has not previously received funding and will support the marketing of the event.

The Ku-ring-gai Shield

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

The Ku-ring-gai Shield competition is a combined bowls competition between Killara, Lindfield, St Ives, Turramurra, Warrawee and West Pymble bowling clubs. The event comprises games of Singles, Pairs, Triples and Fours, involving 10 players from each club - a total of 60 players. The Ku-ring-gai Shield started in 1990 and has been running annually, with the exception of 2020 and 2021 events, which were cancelled due to Covid-19. The date scheduled for the 2024 competition is Saturday 21 September at St Ives Bowling Club.

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

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

The Ku-ring-gai Art Society has requested sponsorship for an exhibition to be held from Monday 22 July to Sunday 4 August at the St Ives Shopping Village. The exhibition will showcase the work of members of the Ku-ring-gai Art Society and promote the visual arts within Ku-ring-gai. Artworks are hung on the ramp within the St Ives Village Gallery. Prizes are awarded at a ceremony on Friday 26 July.

St Ives Preschool and Kindergarten

Request for $2,000 – Recommendation for funding $400

St Ives Preschool and Kindergarten has requested sponsorship for their annual Family Fun Day to be held on 27 October 2024.The Family Fun Day is a celebration of the many cultures that are represented at the preschool and in the community and builds strong links and relationships between the community and the preschool and enjoyed by a diverse sector of the community. The event is enjoyed by many in the area and offers craft, food, raffles, face painting, pony rides, jumping castles and much more including performances by school bands, choirs and local dance group performances. The event is a localised community event.

Northlight Anglican Church West Pymble

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

Northlight Anglican Church has requested funding for their carols event to be held on Sunday 15 December. Carols on the Lawn will be held in December at West Pymble. The event is a community Christmas carols singing and entertainment, partnering with local schools, businesses and service groups. The event is a localised community event.

Mental Fitness Collective

Request for $1,666 – Recommendation for funding $500

Mental fitness collective Fun Run Day 21st December - 4am - 6pm to be held at St Ives Showground.

Fun Run Day is to promote Mental health and provide a day for people to gather and raise funds for providing mental health awareness training and support services to the greater Sydney community.

Arts and Cultural Sponsorship requests

Marian Street Theatre for Young People (MSTYP)

Request for $40,000 – Recommendation for funding $18,000

The MSTYP Theatre Program 2024/25 is a series of events throughout the year including a season of Australian playwright George Kemp’s Shack; a season of Fairy Tale News by Belinda Campbell; and a year-long performance project for 10 young people with learning and accessibility needs called Access Success. Shack will be performed at the Douglas Pickering Pavilion, St Ives Showground in the 2024 July School Holidays as part of Ku-ring-gai Council’s Arts and Cultural Festival 2024.

The amount of $18,000 is recommended due to the fact that the MSTYP has a wide reach within the community, attracts consistently high audience numbers, and presents distinctive programs. The MSTYP is unique to Ku-ring-gai and there are very few theatres in Australia that focus specifically on a “young people” target group. The MSTYP has also expanded its traditional model and has connected with various groups within the community that reflect the changing demographic profile of Ku-ring-gai.

Ku-ring-gai Philharmonic Orchestra (KPO)

Request for $25,000 – Recommendation for funding $18,000

The KPO has requested sponsorship to support the following events:

The KPO has 10 major events planned for the 2024-2025 financial year, some with multiple performances. They are as follows:

· Community Concert at 3pm on 11th August 2024 at Turramurra Uniting Church featuring finalists from the 2024 Concerto Competition

· Symphony concert at 3pm on 25th August at St Ives Uniting Church

· Free Community Concert at 3pm on 22nd September at East Lindfield Community Hall

· Symphony concert at 3pm on 17th November at The Concourse, Chatswood

· 1st symphony concert of 2025 at 3pm on 9th March at The Concourse, Chatswood

· Community Concert at 3pm on 6th April 2025, at East Lindfield Community Hall (tbc)

· Concerto competition semi-finals concert at Abbotsleigh, 13th April 2025

· Tour by invitation to Millthorpe in Central West for Opera Gala concert 19th April 2025

· Kids Proms 2 concerts at 2pm and 3.30pm on 25th May 2025, location tbc, with Kids Proms Champions events in Ku-ring-gai libraries the week beforehand

· NSW Secondary Schools Concerto Competition Finals Concert at 3pm on 29th June 2025 at The Concourse, Chatswood; with open rehearsal at Ku-ring-gai Town Hall in Pymble on 24th June 2025. These concerts present a mix of large orchestral works, smaller chamber concerts and recitals. They will also take place at different venues within the Ku-ring-gai Council area or close by; the Community Concerts, Concerto Competition Semi-finals and Kids Proms Champion events are free to all. The planned KPO tour to Milthorpe on 19th April 2025 is a great advertisement for the Ku-ring-gai area and helps central NSW to promote classical music and offer a concert they wouldn’t normally have access to. We are linking with soloists from Opera Australia which enhances the reputation of the orchestra.

The amount of $18,000 is recommended because of the KPO’s strong audience reach and high participation rates, regional exposure, community engagement, and support for young people.

General Sponsorship Request

Welcome Basket

Request for $8,000 – Recommendation for funding $3,000

The Welcome Basket ensures new residents in Ku-ring-gai are welcomed into the community by a local representative with new residents receiving a basket containing information about Council services, local businesses and emergency services.

Assessment and Acquittal Process

Applications for sponsorship are assessed under the following categories:

· Events Sponsorship

· Arts and Cultural Sponsorship

· General Sponsorship

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

Recommendations for funding are based under set criteria, which include:

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

· whether the event/program is local or regional

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

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

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

· economic development supporting local businesses

· the implementation of sustainable event practices and,

· exposure benefit to Council including recognition and promotion.

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

Sponsorship Activation, Branding and Community Engagement

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

· Mayoral/Councillor engagement at events

· Council branding presence which includes banners and signage

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

E News, and social media coverage.

integrated planning and reporting

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

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

To stage events consistent with Council’s Sponsorship policy.

Governance Matters

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

Risk Management

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

Financial Considerations

The total amount requested for Council sponsorship is $174,158. The Sponsorship budget within the Community Department budget for 2024-25 is $79,900. Following assessment of the sponsorship applications, recommendations for sponsorship funding total $79,900.

Social Considerations

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

Environmental Considerations

There are no significant environmental considerations associated matters to consider.

Community Consultation

Community consultation is not required for this report.

Internal Consultation

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

Summary

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

An Expression of Interest process, inviting applications for sponsorship proposals for 2024–2025 has recently been undertaken.

Applications for sponsorship to the value of $174,158 have been received this year. Events sponsorship requests (over $5,000) were received from Wahroonga Food and Wine Festival, Wahroonga Village Fair, St Ives Food and Wine Festival, Bobbin Head Cycle Classic, Bare Creek Trail Run, Roseville Story Productions, Special Olympics Ku-ring-gai Chase Fun Run, Ravenswood School for Girls Australian Women’s Art Prize, and 180 Cadence (Naak) Sydney Backyard Ultra.

Applications for sponsorship requests (under $5,000) were received from Meet Mudgee, Ku-ring-gai Shield, Ku-ring-gai Art Society Exhibition, St Ives Pre-School and Kindergarten, Northlight Anglican Church West Pymble and Mental Fitness Collective.

Requests for Arts and Cultural Sponsorship (over $5,000) have been received from Marian Street Theatre for Young People and the Ku-ring-gai Philharmonic Orchestra. There has also been a request for general sponsorship from the Welcome Basket.

Applications have been assessed under the following set criteria:

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

· whether the event/program is local or regional,

· amount of funding the group has previously received,

· uniqueness and viability of the event/program, and

· exposure benefit to Council.

Following assessment, recommendations for sponsorship funding totalling $79,900 have been provided.

Recommendation:

That Council approve the following funding for the Events, Arts and Cultural and General Sponsorship applications:

Events Sponsorship over $5,000	Amount recommended
Wahroonga Food and Wine Festival	$6,000
Wahroonga Village Fair	$6,000
St Ives Food and Wine Festival	$4,000
Bobbin Head Cycle Classic	$7,000
Challenge Works Bare Creek Trail Run	$4,000
Roseville Story Productions	$1,000
Special Olympics Ku-ring-gai Chase Fun Run	$4,000
Ravenswood School for Girls Australian Women’s Art Prize	$500
180 Cadence (Naak) – Sydney Backyard Ultra	$500
Events Sponsorship under $5,000
Meet Mudgee	$2,500
Vegan Events Australia	$500
Ku-ring-gai Shield	$1,500
Ku-ring-gai Art Society Exhibition	$2,000
St Ives Pre-School and Kindergarten	$400
Northlight Anglican Church West Pymble	$500
Mental Fitness Collective	$500
Arts and Cultural Sponsorship
Marian Street Theatre for Young People	$18,000
Ku-ring-gai Philharmonic Orchestra	$18,000
General Sponsorship
Welcome basket	$3,000
Total value of sponsorship requests received	$79,900

Melanie Morson

Manager Visitor Experience & Events

Janice Bevan

Director Community

Attachments:	A1	Wahroonga Food & Wine Festival	Confidential
	A2	Wahroonga Village Fair	Confidential
	A3	St Ives Food & Wine Festival	Confidential
	A4	Bobbin Head Cycle Classic	Confidential
	A5	Challenge Works - Bare Creek Trail run	Confidential
	A6	Roseville Story Productions	Confidential
	A7	Special Olympics Sydney Upper North Shore - Ku-ring-gai Chase Fun Run	Confidential
	A8	Ravenswood School for Girls - Ravenswood Australian Women's Art Prize	Confidential
	A9	180 Cadence (Naak) Sydney Backyard Ultra	Confidential
	A10	Meet Mudgee	Confidential
	A11	Vegan Events Australia	Confidential
	A12	St Ives Bowling Club - Ku-ring-gai Shield	Confidential
	A13	Ku-ring-gai Art Society	Confidential
	A14	St Ives Preschool Kindergarten	Confidential
	A15	Northlight Anglican Church	Confidential
	A16	Mental Fitness Collective	Confidential
	A17	Marian Street Theatre for Young People	Confidential
	A18	Ku-ring-gai Philharmonic Orchestra	Confidential
	A19	Welcome Basket Pty Ltd	Confidential

Ordinary Meeting of Council - 16 July 2024	GB.4 / 0

Item GB.4	S13683

Status of Women's Advisory Committee

EXECUTIVE SUMMARY

purpose of report:	To provide Council with recommendations for 15 community representatives to participate in the Status of Women’s Advisory Committee.

background:	At the Ordinary Meeting of Council held on 21 November 2023 Council resolved to establish a Status of Women’s Advisory Committee. Expressions of Interest were called for committee members and 47 applications were received. At the Ordinary Meeting of Council held on 19 March 2024 Council resolved, in part, that an updated application form be developed for the Status of Women’s Advisory Committee. At the Ordinary Meeting of Council on 16 April 2024, Council endorsed an updated application form, and the 47 original applicants were then invited to complete the updated form. 30 of the 47 applicants completed the updated form.

comments:	A new assessment process was then undertaken to re-assess the original 47 applicants for the committee, taking into consideration the additional information that had been provided by 30 of the original 47 applicants. An independent selection panel re-assessed all the applications according to the Committee’s Terms of Reference. Following a merit-based assessment process, the selection panel recommended 15 community members for Council to consider for appointment to the Committee. The selection panel also recommended five (5) reserves who can be called upon should they be required.

recommendation:	That Council consider the recommendations from the independent selection panel and appoint 15 community members, along with the five (5) reserves, to participate in the Status of Women’s Advisory Committee.

Purpose of Report

To provide Council with recommendations for 15 community representatives to participate in the Status of Women’s Advisory Committee.

Background

At the Ordinary Meeting of Council held on 21 November 2023 Council resolved the following:

A. That Council re-establish the Status of Women's Advisory Committee.

B. That Council adopt the attached Terms of Reference to guide the operations of the Committee.

C. That the Mayor (or a Councillor nominated by Council) be appointed as Chair
of the Status of Women's Advisory Committee.

D. That women on Council self-nominate to be included on the Committee.

E. That a new EOI be undertaken to nominate members to serve on the Committee and staff report back to Council in February 2024.

F. That a community member be nominated as Deputy Chairperson by the Committee at its first meeting and reported back to Council for endorsement.

G. Council resolve to conduct at least two further Women’s Forums in 2024.

Following an Expressions of Interest process 47 applications were received from members of the community. These applications were assessed, according to the Terms of Reference of the Committee and 15 applicants were recommended to Council at the OMC held on 19 March 2024.

Council resolved at this meeting, in part, that an updated submission form be developed for the Status of Women’s Advisory Committee, and that the 47 applicants be invited to complete the new form. 30 of the original 47 applicants submitted updated forms.

At the Ordinary Meeting of Council held on 19 March 2024 Council resolved the following:

A. That Council arranges a councillor briefing to discuss the selection criteria for Status of Women’s Advisory Committee.

B. That an updated submission form be developed for the Status of Women’s Advisory Committee and staff report back to Council.

C. Following Council endorsement of the Status of Women’s Advisory Committee submission form, the 47 applicants be asked to complete the updated form, and staff report back to Council (May meeting) with recommendations for community members.

D. That the terms of reference be amended so that a councillor be nominated as Deputy Chairperson.

At the OMC on 16 April 2024 Council resolved as follows:

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

Following this resolution, a new assessment process was conducted, and the 47 original applicants were invited to complete the updated submission form. Of the 47 applicants, 30 completed the updated form providing additional information.

All applicants were informed that if they did not complete the updated form, their initial applications for the committee would be re-assessed based on their original submission.

An independent selection panel was then engaged to assess the applications in line with the Committee’s Terms of Reference. The assessment included the applicant’s relevant experience and expertise along with representation across the identified target groups.

Comments

Role of the Committee

The Status of Women’s Advisory Committee’s primary role will be to provide advice, advocate and raise awareness of issues that affect women in the Ku-ring-gai community. The Committee may also identify and participate in Council projects promoting inclusiveness for local women and advise the Council on policies and planning affecting women in the community.

The Status of Women’s Advisory Committee's role extends to amplifying specific concerns of women within the community, empowering them with a voice and the chance to contribute to the planning and enhancement of services, facilities, programs, and projects.

Community Representatives

The Expression of Interest process resulted in a total of 47 applications for membership from the community.

Following Council’s request for an updated application form, additional information, using the updated form, was subsequently sought from all applicants. 30 of the 47 applicants provided additional information. The original 47 applications, plus updated forms from 30 applicants (marked Further Information immediately following the original applications), can be found in (Confidential Attachment A1)

The applicants were carefully evaluated on their merits by an independent three-person selection panel. The members of the selection panel were:

· Helen Jarvis - Council’s 2022 Citizen of the Year - an independent community member and Chair of Ku-ring-gai Youth Development Service (KYDS)

Helen is a nationally accredited mediator, family dispute resolution practitioner, counsellor, coach, facilitator of Restorative Engagement conferences and Clinical Supervisor in private practice. With a mix of change management experience, mediation and corporate coaching, Helen facilitates conversations between workplace employees who are in conflict or going through rapid change; providing a safe forum for them to discuss the underlying issues and make decisions together. She has extensive experience mediating for non-profit, health, education, construction, call centres and local councils. Helen is also a lecturer for the College of Law and Relationships Australia. She teaches the Mediator Training Programme and subjects of the Graduate Diploma of Family Dispute Resolution. Helen's volunteering commitments are focused on the mental health and wellbeing of youth. She is Chair of the Board of KYDS, a mental health service for young people and brings extensive local knowledge of the Ku-ring-gai LGA.

· Dr Astrid Perry - Head of Women, Equity and Domestic and Family Violence at Settlement Services International (SSI)

Dr Perry is the Head of Women, Equity and Domestic and Family Violence at SSI (Settlement Services International) a leading multicultural not-for-profit organisation providing a range of services in the areas of humanitarian settlement, accommodation, asylum seeker assistance, foster care and disability support in NSW. As a senior leader at SSI, Astrid is leading the implementation of the Women and Girls Strategic Plan that she has developed with her team to increase the focus on outcomes for women. Her passion to address Domestic and Family Violence led her to develop several DFV projects for multicultural communities to intensify the focus on advocacy for migrant and refugee women and their children. Astrid has held numerous positions on advisory councils such as TAFE Community Advisory Board, Australian National Council of Refugee Women, National Multicultural Advisory Committee Department of Human Services and Police Advisory Council on Ethnic Communities, to name a few. Astrid holds a PhD in Sociology, a Bachelor of Social Science and several other qualifications, including a Diploma in Health Leadership. Astrid’s PhD thesis focused on gender equity in Australian schools. She brings years of leadership experience in the multicultural and women sectors to RISE. Being of culturally and linguistically diverse backgrounds herself she has lived experience as a migrant who migrated in her adult years to Australia.

· Jacqueline Nguyen - Independent Senior Consultant.

Jacqueline Nguyen is an independent consultant and experienced Social and Community development professional having worked in a number of leadership roles in government and not for profit organisations in Australia and internationally. Jacqueline has worked across a variety of sectors including child protection and community safety. Her commitment to progressing the status of women has resulted in development and delivery of several projects in culturally diverse communities to improve outcomes for women and their children. Jacqueline has contributed to a number of publications including women with disability in the Pacific, contributed to assessment of the Women Leaders in Sport program, and has also held voluntary leadership positions including with the Pacific Wave association, and Eastern Region Roller Derby. Jacqueline holds a Master’s in International and Community Development, and is a Graduate of the Australian Institute of Company Directors and International Association of Public Participation and the Women Leaders in Sport program. She brings years of leadership experience across social development sectors and a sound understanding of issues facing women.

Establishing an independent panel to assess applicants for the Women’s Advisory Committee ensured the following:

Objectivity and Fairness

Reduced Bias: An independent panel facilitated an impartial assessment, minimizing potential biases that may arise.

Merit-Based Selection: Ensured that candidates were selected based on their qualifications and suitability.

Transparency of Process: Promoted transparency in the selection process, allowing for greater scrutiny and understanding of the final decisions.

Public Trust: Increased public confidence in the integrity of the selection process.

Expertise and Specialized Knowledge: Panel members were chosen for their expertise in relevant areas, enabling an informed and thorough evaluation of candidates.

Diverse Perspectives: The panel members brought a variety of viewpoints, leading to balanced and well-informed decisions.

Clear Accountability:

Defined Responsibility: By establishing an independent panel separate from the Council, the panel was held to specific standards and criteria, leading to greater accountability.

Enhanced Transparency: This structure made each step of the process clear and justifiable.

To support this approach, a local representative, Helen Jarvis, was included on the selection panel. Ms Jarvis’ deep understanding of the local community and women issued ensured a balance of local insight with external objectivity.

The independent selection panel members were provided with a comprehensive briefing, along with background materials, selection criteria, weightings, and a scoring guide.

To ensure objectivity in the evaluation process, the panel operated without any influence or bias, without any input from any Council officers. This commitment to independence was crucial in ensuring fair and impartial decisions, thereby preserving the integrity and credibility of the assessment process.

The Status of Women’s Advisory Committee Terms of Reference prescribes that members should have community and/or professional experience which would enable them to advise Council on a range of matters that support women’s inclusion in community and civic life. It also specifies that community members should represent one or more of the identified target groups:

· Women who represent women’s organisations

· Business and professional women

· Indigenous women

· Women from culturally and linguistically diverse backgrounds

· Young women under the age of 25

· Individuals with specialist skills and professional interest in women’s health and wellbeing

The following strategies were also developed to minimise any possible bias between the original 47 applicants and the 30 applicants who submitted second round applications:

· Weighting graded responses – which helped to ensure that scores from applicants who only submitted initial information could be fairly compared with those who submitted both initial and additional information.

· Ensure fairness – to ensure the evaluation process is fair to all applicants, regardless of the amount of information they provided.

· Enable comparability - which allowed scores from different sets of criteria (initial-only and both initial and additional) to be compared directly.

Weighted Scoring Adjustment

· Adjust the weight of criteria that were only addressed in the second round. This ensures applicants who didn't provide additional information are not overly penalized.

Separate Evaluation Components

· Create separate components of the scoring matrix for evaluating initial and additional information. This helps in isolating the assessment of each phase and allows for a balanced overall evaluation.

Holistic Evaluation

· Use a holistic approach where panel members qualitatively assess the potential and overall fit of applicants based on the initial submission if no additional information is provided.

Consistency in Scoring

· Panel members focus on the content and quality of the responses rather than the volume to ensure consistency in scoring.

The pool of applicants was of a very high standard and demonstrated a wealth of skills and experience. The decision to select 15 from a field of 47 applications was difficult, however the selection panel through a robust selection process was able to reach consensus and recommend 15 applicants who, in their opinion, best met the specified criteria.

The selection panel also recommended five (5) additional applicants as reserves who could be called upon should they be required.

Reserves allow for flexibility should any of the appointed members be unable to fulfill their duties due to unforeseen circumstances such as personal reasons, health issues, or professional commitments. Reserves also ensure continuity and stability within the committee by quickly filling vacancies that may arise, thereby maintaining the committee's effectiveness and productivity.

The Selection Panel Report, containing recommendations, can be found in (Confidential Attachment A2) and the Committee Assessment Methodology and be found in (Confidential Attachment A3).

Other Committee Members

The selection panel also provided an eligibility list comprising of 5 additional applicants (reserves) who could be called upon to participate or fill any vacant positions that may arise in the future.

Within the Terms of Reference, there is also provision for other people to be co-opted as required, with scope to invite skilled specialists to attend on an ad-hoc basis.

Ku-ring-gai Council staff will also attend the Committee meetings to provide professional advice and administrative support as required.

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 adopted a Council Advisory and Reference Committees Guidelines document (Attachment 4) which guides the conduct of the members of the Status of Women’s Advisory Committee. All members on the Women’s Advisory Committee will also be asked to agree to Council’s Code of Conduct.

The Term of Membership for the Committee is aligned with the Council's term, and has an additional 6-month extension, as outlined (in part) below:

The term of office for committee members will be for the term of Council, plus up to 6 months to allow time for the incoming Council to make new appointments. At the expiration of the term, members will be eligible for re-appointment, subject to referral to Council for its consideration and resolution.

Following the Local Government elections in September 2024, a report will be presented to the new Council, within in 6 months, for Council to determine whether to recruit new members, or to confirm the appointment of existing members for all Council committees.

Risk Management

There are no significant risk implications identified in the operation of a Status of Women’s Advisory Committee.

Financial Considerations

The administrative resourcing and support for the Status of Women’s Advisory Committee will be provided through existing budgetary allocations within the Community Department.

Social Considerations

Local government, as the level of government closest to the community, is uniquely positioned to influence and drive social change and address issues impacting women through established partnerships, networks, and structures.

The role and primary focus of the Status of Women’s Advisory Committee align with ongoing initiatives across several Council areas, particularly in providing consultation and advice during the planning stages of new projects, facilities, and events.

Furthermore, it has the potential to advance gender equality and empower women, while also promoting progress in women’s rights across political, economic, and social domains.

Environmental Considerations

There are no specific environmental considerations associated with establishing a Status of Women’s Advisory Committee.

Community Consultation

Expressions of Interest were sought from the community through public advertisements in The Post, Council’s website, E-news, press releases, social media channels, direct mail-out to over 300 community and professional organisations.

Internal Consultation

Internal consultation with various Council departments has occurred throughout the Expressions of Interest process.

Summary

At the Ordinary Meeting of Council on 21 November 2023 Council resolved to establish a Status Women’s Advisory Committee. An Expression of Interest process for community representatives for the committee was undertaken, and submissions were received from 47 community applicants.

At the Ordinary Meeting of Council held on 19 March 2024 Council resolved, in part, that an updated application form be developed for the Status of Women’s Advisory Committee.

At the Ordinary Meeting of Council on 16 April 2024, Council endorsed an updated application form, and the 47 original applicants were then invited to complete the updated form. 30 from the original 47 applicants completed the updated form.

An independent selection panel then re-assessed all 47 applicants for the committee, taking into consideration the additional information that had been provided by 30 of the original 47 applicants. This merit-based assessment included representation from the identified target groups, along with the applicant’s relevant experience and expertise. 15 applicants plus 5 reserves were recommended for Council consideration to appoint to the Committee.

Recommendation:

A That Council considers the recommendations from the independent selection panel and appoints 15 community members to participate in the Status of Women’s Advisory Committee.

B That Council considers the recommendations from the independent selection panel and appoints five (5) reserves for the Status of Women’s Advisory Committee.

C That the Mayor (or a Councillor nominated by Council) be appointed as Chair of the

Status of Women's Advisory Committee.

D That a Councillor be nominated as Deputy Chairperson of the Committee.

E That women on Council self-nominate to be included on the Committee.

Danny Houseas

Manager Community Development

Janice Bevan

Director Community

Attachments:	A1	Womens Advisory Committee Submissions		Confidential
	A2	Womens Advisory Committee selection report		Confidential
	A3	Status of Women's Advisory Committee Assessment Methodology		Confidential
	A4	Council advisory and reference committee guideline	Excluded	2024/223208

Ordinary Meeting of Council - 16 July 2024	GB.5 / 0

Item GB.5	CY00438/12

Improving the accessibility and transparency of Public Forums - Changes to Code of Meeting Practice

EXECUTIVE SUMMARY

purpose of report:	To propose amendments to the Ku-ring-gai Council Code of Meeting Practice to allow for public forums to be recorded and webcast, and for speakers to address Council via audio-visual link.

background:	At the Ordinary Meeting of Council on 21 May 2024, Council resolved that a report be brought back to Council on amendments to the Code of Meeting Practice. The Code already includes provisions relating to webcasting of council meetings, holding public forums via audio-visual link, conduct expected by attendees and the actions that can be taken to manage conduct.

comments:	Council staff have reviewed the policies and contacted a sample of other Councils that record and webcast their public forums. Insights from this review has been incorporated into the proposed amendments to the Code of Meeting Practice and supporting procedures.

recommendation: (see report for full recommendation)	That: A. If Council wishes to webcast public forums, the amendments to the Code of Meeting Practice in Attachment A2 be placed on public exhibition. B. If Council wishes for public forums to always be held as a hybrid meeting, the amendments to the Code of Meeting practice in Attachment A3 be placed on public exhibition. C. Council note that a report will be brought to Council after exhibition summarising the public response and providing a final version of the Code of Meeting Practice for consideration.

Purpose of Report

To propose amendments to the Ku-ring-gai Council Code of Meeting Practice to allow for public forums to be recorded and webcast, and for speakers to address Council via audio-visual link.

Background

At the Ordinary Meeting of Council on 21 May 2024, Council resolved that:

A. A report be brought back to Council in July 2024 on how the Code of Meeting Practice could allow for:

i. public forums to be webcast and recordings of public forums to be made available on Council’s website. Issues to be considered include liability and whether speakers should sign waivers; providing the option for individuals to choose not to be webcast but still participate; and whether the webcast should be streamed live or delayed.

ii. 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.

B. The report should review the practices of other councils and provide draft amendments to the Code of Meeting Practice for consideration by Council.

NSW Office of Local Government (OLG) Model Code of Practice for Local Councils in NSW

The Model Code of Meeting Practice[1] provides a uniform set of meeting rules for councils to help ensure more accessible, orderly, effective and efficient meetings. The Model Code includes both of mandatory and non-mandatory provisions, and all Councils are required to adopt a code of meeting practice that incorporates the mandatory provisions of the Model Code within 12 months of each ordinary council election. The Model Code includes provisions relating to:

· webcasting of council and committee meetings (but not public forums)

· holding public forums via audio-visual link

· that speakers refrain from engaging in disorderly conduct, publicly alleging breaches of the council’s code of conduct or making other potentially defamatory statements, and actions that the chairperson and general manager may take if a speaker engages in this conduct.

Ku-ring-gai Council’s Code of Meeting Practice incorporates the provisions of the Model code relating to public forums, with amendments to reflect the operations of Council’s meetings.

The OLG also published a guide to webcasting council and committee meetings in 2020[2]. It notes that public forums are not required to be webcast unless they form part of an actual council meeting, but when councils do webcast public forums, they “need to consider and address the privacy, confidentiality, defamation and copyright risks associated with doing so” (p. 6).

Comments

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

Currently, only those physically present in Council Chambers can participate in and observe public forums. Council has previously provided the option for community members to join public forums remotely via Zoom.

In response to the resolution of Council in May 2024, amendments would be required to Council’s Code of Meeting Practice and/or supporting procedures to enable speakers to participate online and allow for the webcasting of public forums – in a way that improves the accessibility and transparency of public forums while managing the risks to Councillors, council staff and members of the public.

Webcasting of public forums

Webcasting public forums is an accessible and cost-effective way for those unable to attend meetings in person to watch or listen to speeches from community members. It allow friends, families, and associates of community members addressing the council to support them remotely.

Webcasting is defined by The Model Code as:” a video or audit broadcast of a meeting transmitted across the internet either concurrently with the meeting or at a later time”.

The definition offers flexibility to councils on how to webcast their meetings, ensuring compliance with statutory requirements in an easy and cost-effective manner.

Liability and risks

Recording of the public forum would provide a permanent record of proceedings, which may help to reducing misunderstandings or misinformation about what was said at public forums. However, there are also significant risks and issues that require consideration, including:

· broadcasting of acts of disorder or statements that are defamatory or otherwise contrary to law - leading to legal action, loss and damages against Council, individual Councillors or members of the public

· amplifying the spread of false or misleading information given at a public forum

· providing a public platform for individuals to express complaints, grievances or political views.

Members of the public, individual councillors and council employees may be sued for defamation, whether in their private or public capacities. Councillors at meetings of council may have limited protection from defamation by the defence of ‘qualified privilege’, but only to enable them to speak freely and publicly in undertaking their duties in council meetings[3]. Protections would not extend to exchanges during public forums or statements made with malice or recklessly. The webcasting and publication of public forums would increase the audience and potential harm that any defamatory comments may cause.

To address these risks and issues and permit webcasting of its public forums, amendments would be required to Ku-ring-gai Council’s Code of Meeting Practice. Proposed amendments to the Code are included in Attachment A2 (see clauses 4.5 and 4.26 – 4.33), including the following provisions:

· Each public forum is to be recorded by means of an audio-visual device.

· Attendees at a public forum may have their image, voice and personal information recorded, publicly broadcast and retained by Council. By attending a public forum, members of the public consent to this use of their image, voice and personal information. Parental consent is required for speakers under the age of 16.

· Speakers not wishing to be captured on camera or recorded may provide Council with a written submission.

· Council does not accept any liability for statements made or actions taken by individuals at a public forum that are defamatory or are otherwise contrary to law. Statements and actions such as these are not protected by privilege and may be the subject of legal proceedings and potential liability.

· A statement will be published on Council’s website, displayed in Council Chambers, printed in the agenda and announced by the chairperson at the start of each public forum that:

· the forum will be recorded and webcast

· those in attendance should refrain from making any defamatory statements

· statements made and actions taken by individuals at a public forum are those of the individuals making them and are not endorsed or supported by Council.

· The General Manager will make the recording of the public forum publicly available within one business day of the meeting. However, if the chairperson or General Manager believe that publication may be unlawful then either may determine to publish an edited version of the webcast and a notice of this decision on the Council’s website.

· Access to live streams and recordings of public meetings is provided on Council’s website for personal and non-commercial use. Video and audio contained in a live stream or recording of a Council meeting or event must not be altered, reproduced or republished without the permission of Council. Copyright of all recordings remains with Council.

· Recordings of meetings may be disposed of in accordance with the State Records Act 1998.

The following actions would also be required to further mitigate these risks:

· Updates to the registration form to require that speakers explicitly consent to being recorded and webcast, that they agree to refrain from making any defamatory statements, that they are aware that they may be held personally liable for statements made, and that they have read and agreed with the Terms and Conditions.

· Updates to the registration form to require parental consent for speakers under the age of 16.

· The website and Terms and Conditions would be updated in line with the amendments to the Code of Meeting practice and arrangements and protocols for webcasting of public forums.

· The Terms and Conditions would be updated to note that the video and audio of any speakers making defamatory or other unlawful statements will be removed from the webcast prior to publication. The fact that statements made at a public forum may be incorrect, misinterpreted or embarrassing would not be sufficient grounds for editing from the webcast.

· Additional training and support would be provided to mayors and deputy mayors on defamation and effective management of public forums as part of their induction and professional development program.

· Reviewing council’s risk management and insurance arrangements for appropriate protection against liability and other risks.

No further changes are required to the Code of Meeting Practice or procedures to allow the chairperson to deal with disorder at a public forum. The chairperson may deal with disorderly conduct in accordance with clause 4.23 and part 15 of the Code. This includes adjourning the meeting, interrupting the webcast, expelling a member of the public and/or terminating a person’s audio-visual link.

Practices of other councils

A review of Sydney metro councils shows that many of them webcast public addresses to council and make these recordings available on council websites. This is in accordance with OLG guidance that public forums must be webcast when they form part of an actual council meeting.

Council staff also contacted a sample of Sydney and regional Councils that record and webcast public forums held separately to their Council meetings. In general, these Councils managed their risks by:

· reminding attendees to refrain from making defamatory statements and that the meeting is being recorded and will be available online

· requiring that attendees consent to being filmed and having their comments broadcast.

· publishing disclaimers relating to defamatory or offensive comments made by attendees

· moderation and editing of webcasts.

These councils have advised that acts of disorder are rare. See Attachment A1 for further information. Insights from this review has been incorporated into the proposed amendments to the Code of Meeting Practice and supporting procedures.

Hosting public forums as a hybrid meeting (speakers to participate via Zoom)

This would support participation of residents who are unable to attend in person due to work, travel or disability to address Council and Council’s commitment to inclusivity by allowing for a broader range of voices to be heard. Risks and issues include:

· disruption of the forum by gaining unauthorised access online

· increased frequency and disruption caused by technical difficulties, video and audio issues due to members of the public joining remotely from personal devices.

Ku-ring-gai Council’s current Code of Meeting Practice already provides for public forums to be held as a hybrid meeting, so no changes are required to the Code to allow this to occur. Minor amendments to the draft Code of Meeting Practice (see clauses 4.2-4.3 in Attachment A3) have been proposed to require that all public forums are hosted as a hybrid meeting.

Other considerations

If these changes are adopted by Council, the following changes would also be made to supporting processes:

· Registration forms would be updated to provide speakers with the option to address Council via audio-visual link.

· The website and Terms and Conditions would be updated in line with the amendments to the Code of Meeting practice and arrangements and protocols for online speakers.

· The Terms and Conditions would also specify that it is the responsibility of online speakers to ensure that they can access the meeting remotely on their device. Council will not be able to provide technical support.

A review of Sydney metro councils shows that around half of Sydney Councils enable members of the public to address council via audio-visual link (e.g. Zoom). A list is provided in Attachment A1.

Other minor amendments to the Code of Meeting Practice

Sub-headings have been included under section 4 of the draft Code to improve clarity and readability.

The requirement that members of the public register the “business day” before the public forum has also been removed (see clause 4.8). While Council cannot guarantee that it will respond to inquiries on the day, registrations would be accepted if the due date falls on a weekend or public holiday.

integrated planning and reporting

Leadership

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

L4.1.2: Council’s Governance

framework is developed to ensure probity and transparency.

L4.1.2.1: Ensure that Council and Committee Meetings are managed effectively and in

accordance with relevant legislation, codes and

guidelines.

Governance Matters

In accordance with section 360 of the Local Government Act 1993, the Model Code of Meeting Practice comprises of mandatory and non-mandatory provisions. Councils must adopt a code of meeting practice that incorporates the mandatory provisions of the Model Code of Meeting Practice no later than 12 months after each ordinary council elections.

Risk Management

While webcasting public forums increases transparency and accessibility, there are potential risks, including broadcasting of private information, defamatory statements, breach of copyright and acts of disorder. These may give rise to legal action against individuals or Councillors. To mitigate these and other risks, changes are required to the Code of Meeting Practice and supporting information and procedures as outlined in this report.

Financial Considerations

There are no additional costs associated with the proposal, although additional staff time would be required to review the legality of statements made during public forums, manage a larger volume of more complicated applications to speak, manage the audio-visual and streaming technologies and edit published video if required.

Social Considerations

Nil

Environmental Considerations

Nil.

Community Consultation

Under the Act, Council is required to consult with its community prior to adopting a code of meeting practice. The period of public exhibition must not be less than 28 days, and submissions may be made to Council for up to 42 days.

Internal Consultation

Governance and Corporate Strategy, Corporate Communications and the Corporate Lawyer have contributed to this report.

Summary

In response to Council resolution in May 2024, this report proposes changes to the Code of Meeting Practice to allow public forums to be webcast and for speakers to participate remotely via audio-visual link. This has been informed by a review of other councils' practices. If approved, the draft would be placed on public exhibition, for consideration and adoption by the next term of Council.

Recommendation:

That Council:

A. That if Council wishes to webcast public forums, the amendments to the Code of Meeting Practice in Attachment A2 be placed on public exhibition for 28 days (noting that submissions will be accepted for up to 42 days).

B. That if Council wishes for 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 amendments to the Code of Meeting practice in Attachment A3 be placed on public exhibition for 28 days (noting that submissions will be accepted for up to 42 days).

C. Council note that a report will be brought to Council after exhibition summarising the public response and providing a final version of the Code of Meeting Practice for consideration.

Christopher M Jones

Manager Governance & Corporate Strategy

Attachments:	A1⇩	Sample of policies and webcasting arrangements from other councils	2024/213961
	A2⇩	Proposed amendments to Code of Meeting Practice - Webcasting	2024/226585
	A3⇩	Proposed amendments to Code of Meeting Practice - Hybrid meetings	2024/226581

Ordinary Meeting of Council - 16 July 2024	GB.7 / 0

Item GB.7	S10577/5

Marian Street Theatre Killara – Building Condition

EXECUTIVE SUMMARY

purpose of report:	The purpose of this report is to advise Council on the costs of the minimum repairs, maintenance, and other necessary works to re-open the Marian Street Theatre as a functional theatre in the form it was before closing, complying with current building code requirements.

background:	At the OMC 12 December 2023, Notice of Motion NM.1/1 (S10577/5) by Councillors Lennon and Ward was put for consideration by Council. This NoM was deferred for consideration to the OMC on 20 February 2024, where it was adopted. The NoM calls for a report to Council on the costs of the minimum repairs, maintenance, and other work necessary to re-open the Marian Street Theatre as a functional theatre in the form it was before closing, complying with current building code requirements.

comments:	Based on the preliminary inspections, it is considered that the existing condition of the Marian Street Theatre requires rectifications and major upgrades across its structure, fire safety systems, access and egress, electrical systems, plumbing and drainage systems and building code compliance generally for it to be in a condition to operate in the future.

recommendation: (Refer to the full Recommendation at the end of this report)	That Council receives and notes the report

Purpose of Report

Background

At the OMC 12 December 2023, Notice of Motion NM.1/1 (S10577/5) by Councillors Lennon and Ward was put for consideration by Council. This NoM was deferred for consideration to the OMC on 20 February 2024, where it was adopted.

The NoM from Councillors Lennon and Ward dated 21 November 2023, reads:

“Local residents financed the building of the community hall that opened in Marian Street, Killara in 1906. After the Great War, what was then the council of the Shire of Ku-ring-gai took control of the hall, making it the Soldiers’ Memorial Hall. It hosted theatre as well as dances, parties, and school leaving events. The Bodenweiser Ballet played there. Hollywood star Vivien Leigh opened a flower show there.

English-born actor Alex Archdale established the Community Theatre in the area in 1965. That led to Ku-ring-gai Municipal Council, as it then was, altering the Soldiers’ Memorial Hall to become a dedicated theatre in 1968. Artistic director Jun Krummel changed the name of the Community Theatre to the Northside Theatre Company in the 1980s.

HIH Insurance was the major sponsor of the Northside Theatre Company. HIH entered provisional liquidation in March 2001. The Northside Theatre Company ceased adult professional theatre soon thereafter.

The Marian Street Theatre for Young People performed plays and provided theatre tuition for young people in the theatre until December 2013, when Council closed the Marian Street Theatre in order to repair the electrical system. Through subsequent months, council staff identified further issues with the building, including failures to comply with current building standards. It has remained closed since then. The Marian Street Theatre for Young People has continued performing plays and providing theatre tuition for young people at other venues.

On 4 December 2018 Acor Consultants reported to Council the following options:

1. Base building upgrade, being the minimum work to “re-open the doors,” namely building codes of Australia compliance (such as fire safety, disabled access); upgrade of mechanical and electrical systems, repair roof. Cost $3.5m

2. Minimum development - $7.2m

3. Medium development - $8.9m

4. Maximum development - $18.7m

On 12 March 2019, Council further considered these options and decided to proceed with the medium development option. The cost estimate was increased to $10.5m to allow for future escalation.

In February 2020 Council obtained a cost estimate based on a development application of $16.3m.

On 28 June 2022 Council considered a report that had an increased cost estimate of $22m.

Council’s current long term financial plan assumes a total revised budget of $25.3m (including expenditure to date), with a loan of $23.5 million and $1.8 million from general revenue.

The 2018 report confirms that the age of the building and lack of maintenance and renewal over the years has led to a significant amount of work required for the base building upgrade just for code compliance. The base building upgrade alone would not alter the user experience.

We, therefore, move:

That staff report to Council on the costs of the minimum repairs, maintenance, and other work necessary to re-open the Marian Street Theatre as a functional theatre in the form it was before closing, complying with current building code requirements. Those requirements include those related to fire, electricity, disabled access, washroom renewal, painting, floorworks, new seats, kitchen repairs, lighting, and sound. The report should be completed in time for consideration by Council as part of the 2024/25 budget and long term financial plan.

RECOMMENDATION:

That the above Notice of Motion as printed be adopted.”

Comments

General

The Marian Street Theatre is a building which has housed a series of theatrical groups over many decades.

The building is of local heritage significance and consists of a long-gabled hall with a skillion roof extension on the eastern side. The southern end of the hall terminates in a large three storey box like an envelope containing the theatre workshop, offices, dressing rooms and fire stairs.

The original hall dates from 1906, parts of which are apparent on the west wall and include painted face brickwork and roughcast (originally unpainted) and brick arched window openings now blocked with brickwork.

The building comprises a 290-seat performance theatre with a non-conventional stage and adjacent backstage areas, a foyer, box office and amenities all accessed from street level at Marian Street.

The level below includes an additional foyer/rehearsal space, a small stage, bar, kitchen, dressing rooms, stores, and plant rooms. Offices and administration areas are located at the rear of the building also including further dressing rooms and a lower-level laundry, wardrobe store areas and plant rooms.

The category of building is a Class 9 under the National Construction Code.

Condition Assessment

A condition assessment was commissioned and a report has been provided into the current condition of the building and what it may take to upgrade it for community use. The report provided for feasibility purposes, assessment of compliance, potential scope for rectification and the estimated cost of the required rectification.

The inspections of the building took place during April and May 2024 and included specialists in fire, structural, hydraulics, electrical, BCA and heritage.

CCTV inspections of the external storm water was also carried out to confirm the condition of the drainage infrastructure.

Findings

Based on the preliminary visual inspections, the condition of the Marian Street Theatre, as it currently stands, requires rectifications and major upgrades across its structure, fire safety systems, access and egress, electrical systems, plumbing and drainage systems and building code compliance generally for it to be in a condition to operate in the future.

Options for Upgrade

Two options have been considered for making the facility operational in some form. They are described in Option A and Option B below.

It is important to note, the figures provided for each option below are indicative and based only on visual inspections. More intrusive and detailed inspections will be required to refine the scope to a level which will be suitable for developing specifications for construction, which will be subject to the market forces at time of procurement.

Option A – Upgrade the entire building

This option provides for the upgrade of the building to comply with current safety, fire, access and electrical upgrades. This also includes rectification of the structure, below ground waterproofing, rectification, upgrade of the sewer and storm water systems, removal and replacement of doors and windows, internal and external painting, and internal and external finishes.

The preliminary budget estimate cost to carry out these works in Option A is in the order of $10 million excl. GST. However, given the large risks of unknowns, this estimate could range up to $15 million excl. GST.

Option B – Upgrade to open the Level 2 foyer, box office and bar area only

This option provides for the relevant upgrade to allow the opening of Level 2 foyer, box office and bar area only. This also includes rectification of the structure, below ground waterproofing, rectification and upgrade of the sewer and storm water systems, the removal and replacement of doors and windows, internal and external painting, and internal and external finishes to this area.

The preliminary budget estimate cost to carry out these works in Option B is in the order of $7million excl. GST. However, given the large risks of unknowns, this estimate could range up to $9 million excl. GST.

The reasoning why Level 2 (and not Level 1) was chosen as Option B for the partial opening of the building is as follows:

· Level 2 has access from the street, a bar, both male and female toilets and an office.

· Level 2 can be used for functions, such as meetings or school discos or parties and will also allow access from the disabled car spaces at the front of the building up the ramp into Level 2. The Level 1 foyer does not have disabled access onto the street, access is required by the driveway which is not readily possible.

· Level 2 is the only area that can be partially opened for use by the community with amenities, that would not require the upgrade of other areas that are not usable by the community, just to gain access to amenities. That is, opening the Level 1 foyer only, would mean that the offices, hallways and bathrooms would all need to be made compliant for access, fire, electrical and general building.

Possible Next Phase

If works are to progress to the next stage, it is considered prudent to undertake a detailed cost / benefit analysis on the proposed upgrade. This analysis would inform the viability of any potential upgrade against potentially a new facility. The analysis would include consideration of the community and social benefits of the existing facility.

Should Council decide to progress with any of the above options, it will be necessary to commence further and more detailed intrusive inspections of the facility in order to develop specifications suitable for procurement and subsequent construction. The cost to engage a consultant to provide this scope of works is in the order of $150,000. This would be funded from the current general revenue allocation for the project.

integrated planning and reporting

Theme 3: Places, Spaces and Infrastructure.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P7.1: Multipurpose community buildings and facilities are available to meet the community’s diverse and changing needs.

P7.1.1: The condition, functionality and environmental performance of existing assets is improved and new assets achieve agreed standards.

P7.1.2: The renewal of Marian Street Theatre is substantially completed.

P7.1.1.1: Implement a prioritised program of improvements to community meeting rooms, halls, buildings and facilities.

P7.1.2.1: Progress of the Marian Street Theatre renewal project is subject to Council decisions in line with resolution of 28 June, 2022 (GB.23: Min 141).

Governance Matters

Currently, there are no Governance matters apart from the Notice of Motion NM.1/1 (S10577/5) which has called for this report.

There will be Governance matters which will apply, including reporting to the Major Projects Committee and the Audit, Risk and Improvement (ARIC) and the OLG Capital Expenditure Review process, should the upgrade works proceed.

Risk Management

Financial Risk: There is a risk that the cost of construction will continue to rise, especially in the event where anything unexpected is encountered, hence placing added pressure on any available budget.

Reputational Risk: There is a reputational risk to Council if the project is not delivered.

Building Condition Risk: The current condition of the building which is non-compliant in some essential services (BCA requirements) poses an ongoing risk to Council relating to a key community asset.

Financial Considerations

Funds are currently not available for the upgrade works. A previous upgrade budget projection for the Marian Street Theatre is included in Council’s Long Term Financial Plan at a budget of $26.4 million (including expenditure to date), which is proposed to be funded from a loan of $24.6 million and $1.8 million from general revenue. This is contingent on Council increasing rates to repay the loan. The project was previously planned to be funded from asset sales. However, at this point in time, asset sales have not been identified as a funding source. Should Council adopt to continue with this project, the LTFP assumes a special rate variation to fund future loan repayments from 2026/27 in the absence of other funding sources.

Social Considerations

This proposal has potential to achieve the following positive social and economic outcomes:

· provide improved creative, performance and community spaces;

· provide improved accessibility for people with disabilities and building upgrades in line with current BCA, access and fire safety standards; and

· the ongoing use of the Marian Street Theatre building (or part thereof), which is currently vacant and disused.

Environmental Considerations

There are no environmental issues arising from this report.

Community Consultation

In the past, consultation with the community has occurred with regard to the provision of live theatre in Ku-ring-gai. Council established a Marian Street Theatre Committee Reference Group. The reference group consisted of Councillors, members of the Save Marian Street Theatre Committee, theatre and arts cultural specialists, and members of the community. This committee has previously had a role in informing the direction and outcomes for the theatre.

There has been no consultation with the community in relation to this report into the condition of the Marian Street Theatre building.

Internal Consultation

N/A

Summary

Based on the preliminary visual inspections, the condition of the Marian Street Theatre, as it currently stands, requires significant rectifications and major upgrades across its structure, fire safety systems, access and egress, electrical systems, plumbing and drainage systems and building code compliance generally for it to be in a condition to operate in the future.

Recommendation:

That Council receives and notes the report.

William Birt

Head of Design – Operations

Attachments:

A1⇩

Feasibility Report - 2 Marian St Killara

2024/227163

Ordinary Meeting of Council - 16 July 2024	GB.8 / 0

Item GB.8	CY00848
	7 June 2024

Environmental Levy Grant Program -
Round 26

EXECUTIVE SUMMARY

purpose of report:	To seek Council’s endorsement to fund round twenty-six (26) of the Environmental Levy grants program.

background:	The Environmental Levy grants are designed to assist the Ku-ring-gai community to deliver small, community based environmental projects. An independent assessment panel assesses the grant applications against the grant criteria. The existing Environmental Levy grant has been renamed the Conservation grant and a new Net Zero grants category with an additional $50,000 has been added. As a result, the Environmental Levy grant now has a total of $100,000 allocated, under two categories.

comments:	Twenty-five (25) applications totalling $137,242.33 were received under round twenty-six (26) of the Environmental Levy grants program. Of these, the Environmental Levy grants assessment panel recommends funding or part funding twenty-one (21) projects, totalling $99,586.

recommendation: (Refer to the full Recommendation at the end of this report)	That Council endorses the recommendations of the Environmental Levy Grants Assessment Panel to fund twenty-one (21) projects, totalling $99,586 under round twenty-six (26) of the Environmental Levy grants program.

Purpose of Report

To seek Council’s endorsement to fund round twenty-six (26) of the Environmental Levy grants program.

Background

The Environmental Levy grants are open to groups, schools, and individuals within Ku-ring-gai and assist the Ku-ring-gai community to deliver small, community based environmental projects that enhance our local environment, engage our community, or solve an environmental problem. The grants were identified in the development of the Environmental Levy, with strong support from residents and Councillors, as an opportunity to invest in projects with direct community benefit.

A five (5) member panel, made up of three (3) local community members and two (2) Council staff members assess the grant applications. There is a separate panel for the Conservation and Net Zero categories, therefore two (2) panels overall. The panel members will assess the grant applications against a set of criteria, ensuring projects deliver at least one of the following:

· increased community understanding of the value of the natural environment and local issues and impacts;

· increase community action that benefits the natural environment;

· improve the condition of bushland or the conservation of native flora and fauna;

· increase community understanding of Net Zero and reduce emissions in their own lifestyle; and

· increase community action taken to reduce emissions in energy, waste and transport.

The panel makes recommendations to Council for the funding of projects, which is the subject of this report.

Table 1 outlines the number of projects and funding allocations through the Environmental Levy grants program to date.

Round	Number of successful applications	Funding allocation
Round 1	3	$12,500
Round 2	12	$52,269
Round 3	9	$36,982
Round 4	9	$40,000
Round 5	10	$39,576
Round 6	11	$39,726
Round 7	10	$33,102
Round 8	11	$40,636
Round 9	12	$40,069
Round 10	7	$40,343
Round 11	11	$46,174
Round 12	10	$45,276
Round 13	13	$40,068
Round 14	15	$43,357
Round 15	15	$50,278
Round 16	15	$49,902
Round 17	14	$41,779
Round 18	16	$47,654
Round 19	14	$46,700
Round 20	14	$47,637
Round 21	26	$59,999
Round 22	14	$54,954
Round 23	16	$50,102
Round 24	18	$50,607
Round 25	28	$100,105
Round 26	21	$99,586
TOTAL	353	$1,198,751

Table 1: Summary of funding through Environmental Levy grants program

Comments

Round twenty-six (26) of the Environmental Levy grants program was promoted through Council’s sustainability e-news, volunteer for nature e-news and across social media. Additionally, electronic promotion was conducted through Council’s website and Council’s environmental email distribution lists.

The budget for round twenty-six (26) of the grants program is $100,000, funded through the Environmental Levy. Applications were assessed against the criteria by the assessment panel. Applicants needed to demonstrate how their project:

· Provides a measurable benefit to the Ku-ring-gai environment or community;

· partners with local groups/people to achieve its goals;

· can effectively meet its objectives;

· evidence of diversity, inclusion and equity in the planning and delivery of the project; and

· evidence of the need for the project and proposed outcomes

Please see Attachments A1 and A2 for a summary of the assessment panel review. Based on this review, a summary of the recommended projects for funding is provided in Table 2.

Applicant	Project	Recommended funding ex GST
Net Zero Champions – Waste Less Compost More	Kids Clothing and Toy Swap	$2,000
Electrifying Bradfield Inc.	Ku-ring-gai Schools Solar Car Challenge	$1,600
Electrifying Bradfield Inc.	Community 'Cool Seat' Trial	$4,200
EnergyZE North Shore Inc.	Practical solutions to reduce your power bill and carbon footprint	$3,000
St Ives Community Garden Committee	Establishment of St Ives Community Garden	$23,777.06
Minns Rd Streetcare	Ridge weed clearing	$3,300.00
Minns Rd Richmond Park Bushcare	Richmond Park Environmental Education Signage	$3,600.00
Western Sydney University	Investigating Mycorrhizal Response: Discoveries from Post-Hazard Reduction Burns in Ku-ring-gai Chase Forest	$5,246.92
FOKE	Ku-ring-gai GeoRegion	$3,600
Turramurra Oval Bushcare	Installation of interpretive sign & native beehive at Turramurra Memorial Park Bushcare site	$4,347.00
Killara Park Bushcare	Interpretive Signage at Killara Park	$5,000.00
Holy Family Primary School	Pollinator Power	$1,500.00
Sydney Bee Rescue	Sydney Bee Rescue Swarm Trap Project	$4,988.00
Darri Track Bushcare	Interpretive signage Darri Track	$4,962.00
Princes Park Bushcare	Vine Removal Princes Park	$4,999.50
St Ives PreSchool Kindergarten	Exploring and Protecting our Local Habitats	$2,623.00
Macquarie University	Evaluation of pesticide exposure to native stingless bees in Ku-ring-gai	$4,991.70
St Edmund's College Wahroonga	Biodiversity and Sustainability in Action	$2,390
Sandra Murphy	Wild Wheels: Restoring Nature through Art	$5,010.81
Planting Seeds Projects	Ku-ring-gai B&B Highway Project	$3,000
Macquarie University	Habitat Pods	$5,450.00

Table 2: Summary of successful applications – Round 26 of Environmental Levy grants program

INTEGRATED PLANNING AND REPORTING

Natural Environment

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

A community empowered with knowledge, learning and information that benefits the environment

Increased community action that benefits the environment

Deliver environmental resources and programs for residents

Governance Matters

The Environmental Levy grants program, delivered through the Environmental Levy, provides funding to support environmental projects. Community development programs are highlighted in Ku-ring-gai’s Community Strategic Plan as a key area for Council.

Risk Management

The Environmental Levy grants program covers a range of projects with a variety of associated risks. Council ensures reduced risk to the community and the environment by working closely with grant recipients to ensure that grant implementation works are handled by professionals and that contractors are sourced with appropriate training, safety standards, relevant insurance and licensing.

Financial Considerations

The Environmental Levy has allocated the budget for round twenty-six (26) of the Environmental Levy grants program.

Social Considerations

The Environmental Levy grants program provides an opportunity to invest at the local level in projects with direct community benefit. Many of the grant program’s projects see community members working closely together on a project with an environmental focus. Thus, the program has positive social benefits as well as environmental benefits.

The Environmental Levy grants have been running for many years and the value of the program is demonstrated through the many successful projects which have been undertaken to date.

Environmental Considerations

Round twenty-six (26) funding has been allocated to enable activities such as bush regeneration, habitat creation, sustainability projects at local schools, and community engagement around reaching Net Zero. A number of outstanding applications were received which will help promote a greater appreciation and understanding of the natural environment and Net Zero within the Ku-ring-gai Local Government Area (LGA).

The evaluation criteria for the Environmental Levy grants program ensure that all projects benefit the natural environment and/or reaching Net Zero within Ku-ring-gai.

Community Consultation

The panel for round twenty-six (26) included 3 community members and 2 Council staff members. The panel met to review the proposals and rank them against the evaluation criteria. There were 2 separate panels for the Conservation grants and the Net Zero grants.

Internal Consultation

In reviewing the grant applications, Environment and Sustainability liaised with Operations and other relevant staff in relation to projects that fell within their areas of professional expertise.

SPECIAL CONSIDERATION - ESTABLISHMENT OF ST IVES COMMUNITY GARDEN

The St Ives Community Garden Committee application has immense environmental value to the community and was given a 5/5 score by the panel. The St Ives Community Garden Committee was unsuccessful in their prior application in round twenty-five (25) due to misalignment of the Bedes Forest construction timeframes. Since round twenty-five (25), the Bedes Forest project has progressed however the grant proposal may still be impacted by construction timeframes. Council staff recommend that the project be given a 24-month period to be completed, with the project acquittal push out to 30 June, 2026.

Summary

This report seeks Council’s support to fund round twenty-six (26) of the Environmental Levy grants program.

Twenty-five (25) applications were received under round twenty-six (26) of the program. The Environmental Levy grants assessment panel recommends funding twenty-one (21) projects, totalling, $99,586 as outlined in this report.

Recommendation:

That Council:

A. Endorse the recommendations of the Environmental Levy Grants Assessment Panels to fund twenty-one (21) projects under round twenty-six (26) of the Environmental Levy grants program, totalling $99,586.

B. Notes that the St Ives Community Garden Committee project for Establishment of St Ives Community Garden at the expanded Bedes Forest has 24 months to acquit that project.

Karen Lamont

Sustainability Engagement Officer

Lindy Williams

Environmental Volunteering Programs Coordinator

Jacob Sife

Manager Environment & Sustainability

Andrew Watson

Director Strategy & Environment

Attachments:	A1⇩	Attachment A1 - Net Zero Summary Table - Environmental Levy Grants Round 26		2024/207796
	A2⇩	Attachment A2 - Conservation Summary Table - Environmental Levy Grants Round 26		2024/207797

Ordinary Meeting of Council - 16 July 2024	GB.9 / 0

Item GB.9	CY00826/2

Policy Updates - Related Party Disclosure Policy, Contaminated Land Policy and the Bushland Illegal Dumping and Encroachment Policy

EXECUTIVE SUMMARY

purpose of report:	To update three Council policies.

background:	Council has policies dealing with a broad range of administrative functions which are regularly reviewed to ensure relevance and that they remain up to date.

comments:	Council policies are reviewed periodically to update for legislative changes and otherwise to ensure they are appropriate and relevant. Policies included in this report are the: · Related Party Disclosures; · Contaminated Land Policy; and the · Bushland Illegal Dumping and Encroachment Policy.

recommendation:	A. That the following revised policies be approved by Council: · Related Party Disclosures. B. That the following revised policies be exhibited for at least 28 days and reported back to Council. · Contaminated Land Policy; and the · Bushland Illegal Dumping and Encroachment Policy.

Purpose of Report

To update three Council policies.

Background

Council has Policies dealing with a broad range of administrative functions which are regularly reviewed to ensure relevance and that they remain up to date.

This report provides updates to three existing Council policies:

· Related Party Disclosures;

· Contaminated Land Policy; and the

· Bushland Illegal Dumping and Encroachment Policy.

Comments

1. Related Party Disclosures Policy

Council is required to prepare financial statements annually in accordance with the Local Government Act 1993 and Regulations, the Australian Accounting Standards and professional pronouncements and the Local Government Code of Accounting Practice and Financial Reporting. From 1 July 2016 the Australian Accounting Standards Board has determined that AASB124 Related Party Disclosures will apply to government entities, including local governments. Council adopted its first Related Party Disclosures policy following this announcement. A revised Draft Related Party Disclosures policy is attached to this report (Attachment A1).

The objective of this Policy is to ensure that Council’s transactions with related parties are identified and disclosed in line with the disclosure requirements of the Australian Accounting Standard AASB 124 Related Party Disclosures.

Minor changes to the Policy have been made to update the relevant Related Legislation, the Related Party Certificate and Source References. The Code of Conduct has been added to the Related Policies (Council & Internal) and other minor additions. These changes have been highlighted in the attached policy.

This Policy is not required to be exhibited.

Strategy & Environment Policies

2. Contaminated Land Policy

The revised Draft Contaminated Land Policy (Attachment A2) provides the framework for the integration of contaminated land management into the planning and development process, consistent with relevant key NSW legislation, policies and guidelines, including, but not limited to:

· Environmental Planning and Assessment Act 1979 (EP&A Act);

· Contaminated Land Management Act 1997 (CLM Act);

· Chapter 4 - 'Remediation of Land' in State Environmental Planning Policy (Resilience and Hazards) 2021; and

· NSW Contaminated Land Planning Guidelines:

- Managing Land Contamination Planning Guidelines SEPP 55 – Remediation of Land, NSW Department of Urban Affairs and Planning and Environment Protection Authority (DUAP & EPA 1998)

- Contaminated Land Planning Guidelines - Draft

The Contaminated Land Policy has been updated to ensure references to relevant state legislation, policy and guidelines are current (e.g. removal of SEPP 55 references and update to SEPP Resilience and Hazards) and to provide clarification to council’s processes. Updates have also been completed in response to the NSW EPA Review of contaminated-land information on planning certificates in NSW.

The objectives of this Policy (in relation to contaminated land) are to:

· Ensure that changes of land use will not increase health or environmental risks;

· avoid inappropriate restrictions on land use; and

· provide information to support decision-making and community awareness.

Internal consultation on the Contaminated Land Policy

This policy has been updated by the Strategy & Environment Department in consultation with Operations and Development and Regulation. Further internal consultation will be conducted during the public exhibition period

The revised Draft Contaminated Land Policy will be exhibited for at least 28 days and reported back to Council.

3. Bushland Dumping and Encroachment

The revised Draft Bushland Illegal Dumping and Encroachment Policy (Attachment A3), provides the management framework for Council to address issues of unauthorised use including dumping and encroachment within Council managed Natural Areas.

The Ku-ring-gai Council Bushland Illegal Dumping and Encroachment Policy has been updated to bring it into line with Council’s Natural Areas Plan of Management and the Compliance Policy.

Objectives

· To protect the ecological integrity of bushland within the Ku-ring-gai Local Government Area (LGA) by reducing the incidence and impacts of dumping and encroachment in Council-managed Natural Areas.

· To educate residents of their impacts on natural areas and encourage them to take positive actions to reduce these impacts.

· To provide a transparent and consistent management framework that meets Council’s legislative requirements and resources to address dumping and encroachment in bushland and to mitigate costs to ratepayers.

Internal consultation on the Bushland Dumping and Encroachment

The revised Draft Bushland Illegal Dumping and Encroachment Policy will be exhibited for at least 28 days and reported back to Council.

integrated planning and reporting

Leadership and Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

L3.1: The organisation is recognised and distinguished

by its ethical decision-making, efficient management, innovation and quality customer service.

L3.1.2: Council’s Governance

framework is developed to ensure

probity and transparency.

L3.1.2.5: Maintain a policy review program to ensure the currency of all policy documents.

Governance Matters

Existing policies have been updated to reflect legislation.

Risk Management

Nil

Financial Considerations

No financial impact has been noted from the development of these policies.

Social Considerations

Nil

Environmental Considerations

Nil

Community Consultation

The Bushland Dumping and Encroachment Policy and Contaminated Land Policy will be exhibited for at least 28 days and reported back to Council.

Internal Consultation

Internal consultation on the Contaminated Land Policy

Internal consultation on the Bushland Illegal Dumping and Encroachment Policy

Summary

Council policies are reviewed periodically to update for legislative changes and otherwise to ensure they are appropriate and relevant. Three policies have been reviewed;

· Related Party Disclosures;

· Contaminated Land Policy; and the

· Bushland Illegal Dumping and Encroachment Policy.

The Bushland Dumping and Encroachment Policy and Contaminated Land Policy are recommended to go on exhibited for at least 28 days and reported back to Council. The Related Party Disclosures Policy is recommended for adoption by Council.

Recommendation:

A. That the following revised policy be approved by Council:

· Related Party Disclosures

B. That the following revised policies be exhibited for at least 28 days and reported back to Council.

· Contaminated Land Policy; and the

· Bushland Illegal Dumping and Encroachment Policy.

Jacob Sife

Manager Environment & Sustainability

Angela Apostol

Acting Director Corporate

Andrew Watson

Director Strategy & Environment

Attachments:	A1⇩	Related Party Disclosures	2023/294818
	A2⇩	Bushland Illegal Dumping and Encroachment Policy 2024	2024/062412
	A3⇩	Contaminated Land Policy	2024/027277

[1] www.olg.nsw.gov.au/councils/governance/model-code-of-meeting-practice/model-code-of-meeting-practice-for-local-councils-in-nsw/

[2] www.olg.nsw.gov.au/wp-content/uploads/2020/08/Guide-to-webcasting-council-and-committee-meetings-updated-August-2020.pdf

[3] See NSW Office of Local Government, Councillor Handbook, December 2021 (p. 15)

Ordinary Meeting of Council - 16 July 2024	MM.1 / 0

Item MM.1	CY00455/12

Ordinary Meeting of Council - 16 July 2024	GB.2 / 0

Item GB.2	S08447
	23 May 2024

Ordinary Meeting of Council - 16 July 2024	GB.6 / 0

Item GB.6	FY00623/6
	11 June 2024

Attachments:	A1	EOI Submission 1	Confidential
	A2	EOI Submission 2	Confidential
	A3	EOI Submission 3	Confidential
	A4	EOI Submission 4	Confidential
	A5	EOI Submission 5	Confidential
	A6	EOI Submission 6	Confidential
	A7	EOI Submission 7	Confidential
	A8	EOI Submission 8	Confidential
	A9	EOI Submission 9	Confidential
	A10	EOI Submission 10	Confidential
	A11	Recommended Panel of Conduct Reviewers	Confidential

Ordinary Meeting of Council - 16 July 2024	NM.1 / 0

Item NM.1	S07823

Ordinary Meeting of Council - 16 July 2024	NM.2 / 0

Item NM.2	CY00445/12

Ordinary Meeting of Council - 16 July 2024	NM.3 / 0

Item NM.3	S02414

Ordinary Meeting of Council - 16 July 2024	NM.4 / 0

Item NM.4	S14571

Ordinary Meeting of Council - 16 July 2024	NM.5 / 0

Item NM.5	CY00441/12

Ordinary Meeting of Council - 16 July 2024	NM.6 / 0

Item NM.6	S04141

Ordinary Meeting of Council - 16 July 2024	QN.1 / 0

Item QN.1	S13633