Minute Ku-ring-gai Council Page
MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 13 August 2024
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Present: |
The Mayor, Councillor S Ngai (Chairperson) Councillors J Pettett & G Taylor (Comenarra Ward) Councillors S Lennon & B Ward (Gordon Ward) Councillor A Taylor (Roseville Ward) Councillors C Kay & M Smith (St Ives Ward) Councillors C Spencer & K Wheatley (Wahroonga Ward) |
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Staff Present: |
General Manager (David Marshall) Director Community (Janice Bevan) Acting Director Corporate (Angela Apostol) Director Development & Regulation (Michael Miocic) Acting Director Operations (Peter Lichaa) Director Strategy & Environment (Andrew Watson) Corporate Lawyer (Jamie Taylor) Acting Manager Corporate Communications (Mark Skelsey) Manager Governance and Corporate Strategy (Christopher M Jones) PA to Director Development & Regulation (Nicole Kratochvil) Manager Urban & Heritage Planning (Antony Fabbro) |
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The Meeting commenced at 7:03PM
The Mayor offered the Acknowledgement of Country and Prayer
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File: S02194
Nil
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The Mayor referred to the necessity for Councillors and staff to declare a Pecuniary Interest/Conflict of Interest in any item on the Business Paper.
Councillor Ward declared a non-significant, non-pecuniary interest in GB.15 - Planning Proposal 51-52 Rohini Street, Turramurra (Anglicare) as she has previously worked for Anglicare. Councillor Ward will remain in the Chambers during debate on this item.
Cr Spencer declared a non-significant, non-pecuniary interest in GB.14 – Planning Proposal for 1364-1369 Pacific Highway and 1, 1a, 3 and 3a Kissing Point Road, Turramurra due to a personal relationship with the former owner. Councillor Spencer will remain in the Chambers during debate on this item.
Cr Lennon declared a non-significant, non-pecuniary interest in GB.14 – Planning Proposal for 1364-1369 Pacific Highway and 1, 1a, 3 and 3a Kissing Point Road, Turramurra due to a personal relationship with the owner. Councillor Lennon will remain in the Chambers during debate on this item.
DOCUMENTS CIRCULATED TO COUNCILLORS
The Mayor referred to the documents circulated in the Councillors’ papers and advised that the following matters would be dealt with at the appropriate time during the meeting:
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Late Items: |
MM.1 - Housing Policy Updates (August 2024) - Mayoral Minute from the Mayor, 13 August 2024 |
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Late Confidential Items: |
C.1 - TOD SEPP - Land and Environment Court of NSW - Report by the General Manager dated 6 August 2024 C.1 - TOD SEPP - Land and Environment Court of NSW - Late confidential memo from the Mayor in relation to item C.1 dated 13 August 2024. |
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Memorandums: |
GB.15 Planning Proposal 51-53 Rohini Street, Turramurra (Anglicare) – Staff Responses Public Forum & Letter from Proponent - Memorandum to Mayor, Councillors, General Manager and Directors from Director Strategy and Environment dated 12 August 2024 Re: Response to Proponent Letter – 7/8/2024 |
PETITIONS
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Prevention of Violence against Women - Draft Action Plan 2024-2025
File: S08654 Vide: GB.5
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To provide Council with a Prevention of Violence Against Women draft Action Plan 2024-2025. |
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(Moved: Councillors Ward/Lennon)
That Council consider and adopt the draft Prevention of Violence Against Women Action Plan (2024-2025).
CARRIED UNANIMOUSLY |
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Analysis of Land and Environment Court Costs - 4th Quarter 2023 to 2024
File: FY00623/7 Vide: GB.6
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To report legal costs in relation to development control matters in the Land and Environment Court for the quarter ended 30 June 2024.
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(Moved: Councillors Ward/Lennon)
That the analysis of Land and Environment Court costs for the year ended 30 June 2024 be received and noted.
CARRIED UNANIMOUSLY |
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Carried Forward Projects Expenditure - 2023/24
File: S09093/12 Vide: GB.7
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To seek endorsement from Council to carry forward the attached list of 2023/24 projects into the current financial year.
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(Moved: Councillors Ward/Lennon)
That Council approve the attached list of carried forward expenditure from 2023/24 to the current financial year.
CARRIED UNANIMOUSLY |
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Delivery Program and Operational Plan: June 2024 Biannual Report
File: FY00382/16 Vide: GB.8
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To report to Council on the progress of the Delivery Program and Operational Plan, for the period January to June 2024. |
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(Moved: Councillors Ward/Lennon)
That the report on the six monthly progress review of the Delivery Program and Operational Plan for the period January to June 2024 be received and noted.
CARRIED UNANIMOUSLY |
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Investment Report as at 26 July 2024
File: FY00623/7 Vide: GB.9
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To present Council’s investment portfolio performance for July 2024.
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(Moved: Councillors Ward/Lennon)
That:
A. The summary of investments and performance for July 2024 be received and noted.
B. The Certificate of the Responsible Accounting Officer be noted and the report adopted.
CARRIED UNANIMOUSLY |
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Local Government NSW Annual Conference 2024
File: FY00581/10 Vide: GB.10
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To note key dates for the Local Government NSW (LGNSW) Annual Conference 2024.
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(Moved: Councillors Ward/Lennon)
That Council note the information in this report.
CARRIED UNANIMOUSLY |
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Project Status Report - August 2024
File: FY00621/6 Vide: GB.11
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To provide Council with the Project Status Report for May, June and July 2024.
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(Moved: Councillors Ward/Lennon)
A. That Council receive and note the Project Status Report for May, June and July 2024.
B. That the Project Status Report be placed on Council’s website.
CARRIED UNANIMOUSLY |
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RFT12 - 2024 Leasing- Exercise Equipment Ku-ring-gai Fitness and Aquatic Centre
File: S12433/5 Vide: GB.12
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To consider the results of the formal tender process for the leasing of fitness equipment, both cardio and strength equipment for the Ku-ring-gai Fitness & Aquatic Centre (KFAC).
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(Moved: Councillors Ward/Lennon)
That, based on the evaluation assessment undertaken:
A. Council accepts the tender submission from Tenderer “A” as preferred Tenderer to provide the lease of the gym equipment for the term of 5 years at the Ku-ring-gai Aquatic and Fitness Centre (KFAC). B. The General Manager be delegated the authority to execute all tender documents on Council’s behalf in relation to the contract. C. The Seal of Council be affixed to all necessary documents. D. All tenderers be advised of Council’s decision in accordance with Clause 178 of the Local Government Tendering Regulation.
CARRIED UNANIMOUSLY |
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Draft Revised Planning Agreement Policy 2024 for Exhibition
File: S06198 Vide: GB.13
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To present the draft revised Planning Agreement Policy to Council for approval to place on public exhibition.
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(Moved: Councillors Ward/Lennon)
That the draft revised Planning Agreement Policy 2024 be placed on public exhibition for a minimum of 28 days and, thence, be reported back to Council at the close of the exhibition period.
CARRIED UNANIMOUSLY |
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Post exhibition report for a planning agreement for the extension of Dorset Drive in St Ives
File: S13761 Vide: GB.16
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To report to council following the exhibition of the draft Planning Agreement for the extension of Dorset Drive on 139 Rosedale Road St Ives as part of an approved subdivision.
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(Moved: Councillors Ward/Wheatley)
A. That Council resolve to enter into the Planning Agreement with Jun Chao Pty Ltd as specified in Attachment A1.
B. That Council grant delegation to the General Manager and Mayor to execute the Planning Agreement under the Common Seal.
C. That delegation be granted to the General Manager, or his delegate, to make any minor administrative changes or typographical corrections to the document to protect Council’s interests, provided they do not alter the overall intent.
D. That the Planning Agreement register be updated to include the Planning Agreement for the extension of Dorset Drive on 139 Rosedale Road St Ives upon the execution of the Planning Agreement.
E. That delegation be granted to the General Manager to give effect to the requirements of the Planning Agreement after execution, as they apply to actions required of the Council as particularised in the Planning Agreement.
F. That Council authorises the General Manager and the Mayor to execute all documentation associated with the foregoing transactions and conveyances, including the fixing of the Common Seal, if required.
G. That the public submissions arising from the exhibition of the draft Planning Agreement be provided to staff involved in the assessment and approval of the future Construction Traffic Management Plan (CTMP) especially with regard to access to the site by construction traffic.
CARRIED UNANIMOUSLY |
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Planning Proposal 51-53 Rohini St, Turramurra (Anglicare)
File: S13985 Vide: GB.15
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For Council to consider the private Planning Proposal for 51-53 Rohini Street, Turramurra (Anglicare Village).
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(Moved: Councillors Ward/Spencer)
A. That Council re-affirms its support for FSR 1.5:1 as stated on pages 563, 574 and 576 of the Report. B. That Council endorses the amendments as set out in the Memo from the Director of Strategy and Environment dated 12 August 2024. C. The Planning Proposal be amended in accordance with the recommendations in this Report and Table of Assessment (Attachment A1), followed by the amendments outlined in B above. D. 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 . E. That Council authorise the Director of Strategy and Environment to correct any minor anomalies of a non-policy and administrative nature that might arise during the plan making process. CARRIED UNANIMOUSLY |
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Possible Dog Park in Gordon
File: S13467 Vide: NM.2
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Notice of Motion from Councillor Lennon dated 26 July 2024
Council’s 2024/2025 Operational Plan includes preparation of a masterplan for Pennant Park (the former Gordon Bowling Club site at 4 Pennant Avenue, Gordon).
I move that staff investigate and consult with residents about setting aside a small portion of Pennant Park (the former Gordon Bowling Club at 4 Pennant Avenue, Gordon) to be an unleashed dog area when preparing a masterplan for the site.
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(Moved: Councillors Lennon/Ward)
That the above Notice of Motion as printed be adopted.
For the Resolution: The Mayor, Councillor Ngai, Councillors Kay, Lennon, Smith, Spencer, A. Taylor, G. Taylor, Ward and Wheatley
Against the Resolution: Councillor Pettett
CARRIED |
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Mona Vale to Macquarie Park priority Bus Infrastructure
File: EM00043/7 Vide: NM.1
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Notice
of Motion from Councillor Kay dated 25 July 2024 Within the Ku-ring-gai Local Strategic Planning Statement (2020), there is Ku-ring-gai Local Planning Priority K3: Providing housing close to transport, services and facilities to meet the existing and future requirements of a growing and changing community. Actions within this Planning priority include implementing planning responses in St Ives subject to infrastructure improvements (medium-long term). Future growth in St Ives was subject to provision of priority bus infrastructure from Mona Vale to Macquarie Park.
This is related to Ku-ring-gai Local Planning Priority K22: Providing improved and expanded district and regional connections through a range of integrated transport and infrastructure to enable effective movement to, from and within Ku-ring-gai. Actions in this Planning Priority include advocating to Transport for NSW to increase priority and accelerate the delivery of infrastructure improvements identified in Future Transport 2056 that connects Ku-ring-gai internally and with nearby centres, including improvements to bus connections from Mona Vale to Macquarie Park, and Dee Why to Chatswood (followed by Bus Rapid Transit).
Macquarie Park Strategic Infrastructure and Services Assessment (SISA) Final Report (Greater Cities Commission, 2022) identifies the proposal for Mona Vale to Macquarie Park public transport improvements for rapid services, with a delivery timeframe of 2027-2035.
In September 2023, Transport for NSW provided an update on the of future frequent bus services and Rapid Bus Line between Mona Vale and Macquarie Park. TfNSW stated that it is planning a frequent bus service which will operate between Mona Vale and Macquarie Park (circa 2030) and then enhancing to a Rapid Bus Service (circa 2036) as identified in Future Transport. However, these service improvements are currently unfunded and the introduction of a Rapid B-Line service would be required to go through a business case process to secure funding.
In late 2023 a Council submission was made to TfNSW's Directions for On-Street Transit White Paper, advocating for the accelerated implementation of the Mona Vale to Macquarie Park rapid bus line. Following this, in a Summary of Actions in response to the NSW Bus Industry Taskforce's second report, the NSW Government stated that TfNSW will develop a Medium-Term Bus Plan in response to the Taskforce’s recommendation for a focus on 10 high-quality rapid routes, 27 frequent routes and other improvements to local services, but it is unclear if the Mona Vale - Macquarie Park Rapid Bus Line forms part of the Plan. There has been no clarification since the NSW budget was handed down in June.
The Macquarie Park TOD rezoning proposal (NSW Government, 2024) – Infrastructure Delivery Plan references the Macquarie Park SISA and identifies new strategic bus corridor and bus priority facilities as being funded by primarily by State or Commonwealth Budget Allocation and potentially by Housing and Productivity Contributions. The infrastructure lists at the end of the Plan identify the delivery of Mona Vale to Macquarie Park public transport improvements (Mona Vale - Macquarie University Rapid route) by 2036. With the acceleration of development around Macquarie Park and St Ives as a consequence of impending Low and Mid-rise SPP policy changes, rapid bus services and between Mona Vale and Macquarie Park and associated infrastructure are required in 2024, not 2036.
I move that:
A. Council
write to the Minister for Transport and the NSW Premier seeking to accelerate
the implementation of the proposal for Mona Vale to Macquarie Park public
transport improvements for rapid services. B. That Council write to the Shadow Minister for Transport and Roads and Infrastructure and the Member for Davidson advising them of Council’s decision and including a copy of this Notice of Motion as background.
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(Moved: Councillors Kay/Spencer)
A. Council write to the Minister for Transport and the NSW
Premier seeking to accelerate the implementation of the proposal for Mona
Vale to Macquarie Park public transport improvements for rapid services. B. That Council write to the Shadow Minister for Transport and Roads and Infrastructure and the Member for Davidson advising them of Council’s decision and including a copy of this Notice of Motion as background.
CARRIED UNANIMOUSLY |
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TOD SEPP - Land and Environment Court of NSW
File: S14468 Vide: C.1
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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)(g), of the Act, and should be dealt with in a part of the meeting closed to the public.
Section 10A(2)(g) of the Act permits the meeting to be closed to the public for business relating to advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.
This matter is classified confidential under section 10A(2)(g) because it contains advice concerning a legal matter that:
(a) is a substantial issue relating to a matter in which the Council is involved (b) is clearly identified in the advice, and (c) is fully discussed in that advice.
It is not in the public interest to release details of the legal advice as it would prejudice Council’s position in court proceedings.
Report by General Manager dated 6 August 2024
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(Moved: Councillors Ngai/Wheatley)
That in relation to the matters in this report, Council endorses the content of the Mayor’s late confidential memo dated 13 August 2024, a copy of which is initialled at the Meeting by the Mayor.
For the Resolution: The Mayor, Councillor Ngai, Councillors Kay, Lennon, Smith, A. Taylor, G. Taylor, Ward and Wheatley
Against the Resolution: Councillors Pettett and Spencer
CARRIED |
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Planning Proposal for 1364-1369 Pacific Highway and 1, 1a, 3 and 3a Kissing Point Road, Turramurra
File: S14408 Vide: GB.14
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To refer the Planning Proposal for 1364-1396 Pacific Highway and 1, 1A, 3 and 3A Kissing Point Road, Turramurra (Turramurra Plaza site) to Ku-ring-gai Council to determine whether to forward the matter to the Minister for a Gateway determination in accordance with section 3.34 of the Environmental Planning and Assessment Act 1979.
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(Moved: Councillors G. Taylor/A. Taylor)
That:
A.
Council resolve, that following amendment as outlined above, and subject to B
and C below, the Planning Proposal
be submitted to the Department of Planning, Housing and Infrastructure for a
Gateway Determination. B. Prior to submitting the Planning Proposal for a Gateway Determination the Planning Proposal is amended by the proponent to address the following:
a. prepares an
amended reference scheme and a feasibility assessment for a new accessible
Community Space within the development of up to 400sqm to be provided in
perpetuity and dedicated to Council. The assessment and plans should align
with Ku-ring-gai Council's adopted policies and plans for new Community
Facilities; and, b. prepare an affordable housing viability report to clarify the housing affordability rates (including floor space and number of units to be provided in perpetuity) and method of management to confirm and support the offer made by the proponent within the Planning Proposal. The assessment should align with the Greater Sydney Region Plan and North District Plan requirements for new residential floor space to deliver 5-10% affordable housing subject to viability.
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Submission for Council consideration of a revised public benefit
letter of offer clearly outlining those matters to be dealt with in the
context of a prospective land transaction as opposed to those to be addressed
in the context of works, dedications, and other benefits. D. Should a Gateway
Determination be issued for public exhibition of the Planning Proposal, the
site-specific amendments to the Ku-ring-gai DCP Part 14 Urban Precinct and
Sites 14B Turramurra Local Centre as outlined in this report be placed on
public exhibition concurrent with the Planning Proposal, and, E. The Proponent be advised accordingly.
For the Resolution: The Mayor, Councillor Ngai, Councillors Kay, Lennon, Smith, A. Taylor, G. Taylor, Ward and Wheatley
Against the Resolution: Councillors Pettett and Spencer
CARRIED |
BUSINESS WITHOUT NOTICE – SUBJECT TO CLAUSE 9.3 OF code of meeting practice
QUESTIONS WITH NOTICE
Inspections– SETTING OF TIME, DATE AND RENDEZVOUS
NIL
Being the last meeting of the Council term, at the conclusion of the meeting the Mayor, Councillor Ngai and all Councillors expressed their gratitude and thanks to fellow Councillors, the community and Council staff.
The Meeting closed at 7.30PM
The Minutes of the Ordinary Meeting of Council held on 13 August 2024 (Pages 1 - 18) were confirmed as a full and accurate record of proceedings on 8 October 2024 (TBC).
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General Manager Mayor / Chairperson