Minute Ku-ring-gai Council Page
MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 18 November 2025
|
Present: |
The Mayor, Councillor Christine Kay (Chairperson) Councillors M Devlin & J Pettett (Comenarra Ward) Councillors I Balachandran & B Ward (Gordon Ward) Councillors S Ngai & 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) Director Corporate (Angela Apostol) Acting Director Development & Regulation (Anne Seaton) Director Operations (Peter Lichaa) Director Strategy & Environment (Andrew Watson) Corporate Lawyer (Jamie Taylor) Manager Governance and Corporate Strategy (Christopher M Jones) Governance Support Officer (Eliza Gilbank-Heim) |
|
|
|
|
Others Present: |
Manager Urban and Heritage Planning (Antony Fabbro) Manager Community Development (Danny Houseas) Team Leader Urban Planning (Craige Wyse) |
The Meeting commenced at 7:00 PM
The Mayor offered the Acknowledgement of Country and Prayer
|
|
File: S02194
The General Manager advised of an apology from the Director Development & Regulation, Michael Miocic, with Anne Seaton acting as Director Development & Regulation. |
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 Taylor declared a special disclosure of pecuniary interest in GB.16 as his principal place of residence may be impacted by the proposed planning controls. Councillor Taylor tabled a special disclosure of pecuniary interest under clause 4.36(c) of the Code of Conduct and will remain in Chambers during this debate.
Councillor Ward declared a special disclosure of pecuniary interest in GB.16 as her principal place of residence may be impacted by the proposed planning controls. Councillor Ward tabled a special disclosure of pecuniary interest under clause 4.36(c) of the Code of Conduct and will remain in Chambers during this debate.
Councillor Balachandran declared a special disclosure of pecuniary interest in GB.16 as both her principal place of residence and her parents’ principal place of residence may be impacted by the proposed planning controls. Councillor Balachandran tabled a special disclosure of pecuniary interest under clause 4.36(c) of the Code of Conduct and will remain in Chambers during this debate
Councillor Ngai declared a special disclosure of pecuniary interest in GB.16 as his parent’s in law’s principal place of residence may be affected by the proposed planning controls. Councillor Ngai tabled a special disclosure of pecuniary interest under clause 4.36(c) of the Code of Conduct and will remain in Chambers during this debate.
DOCUMENTS CIRCULATED TO COUNCILLORS
The Mayor referred to the documents circulated in the Councillors’ papers and advised that the following matters would be dealt with at the appropriate time during the meeting:
|
Late Items: |
MM.1 State Significant Developments - Report by The Mayor, Councillor Kay dated 17 November 2025 MM.2 Update on progress towards Net Zero and Completion of the Cities Race to Zero Pledge - Report by The Mayor, Councillor Kay dated 18 November 2025 GB.16 - Ku-ring-gai TOD Alternative - Report by Manager Urban & Heritage Planning dated 11 November 2025 with attachments.. |
|
Memorandums: |
A Confidential Memorandum for C.2 21 October 2025 OMC - TOD alternative - preferred scenario from the Director Strategy & Environment was circulated to the Mayor and Councillors on 5 November 2025. A Confidential Memorandum for C.1 - Councils Position on the operation of the Ku-ring-gai High School Hockey Facility from the Director Strategy & Environment was circulated to the Mayor and Councillors on 17 November 2025. A Confidential Memorandum for GB.12 Management and Operation of St Ives High School Sports Centre from the Director Strategy & Environment was circulated to the Mayor and Councillors on 17 November 2025. A Memorandum containing the response to Q.1 How does Council protect our waterways from urban stormwater? from the Director of Operations and the Director of Strategy & Environment was circulated to the Mayor and Councillors on 18 November 2025. A Memorandum for GB.16 Ku-ring-gai TOD Alternative from the Director of Strategy & Environment was circulated to the Mayor and Councillors on 18 November 2025. |
|
Confidential Late Agenda Attachment: |
GB.16 - Ku-ring-gai TOD Alternative - Attachment 4: Ku-ring-gai Council v The State of NSW - Land and Environment Court of NSW |
|
State Significant Developments
File: S09352 Vide: MM.1
|
|
|
|
My Councillor colleagues and I are fielding many enquiries from our community about State Significant Developments – or SSDs for short.
The intent of this Mayoral Minute is to clarify the Council’s position on these developments and to outline how our alternative plan for new housing in Ku-ring-gai may help alleviate their impacts in the future.
State Significant Developments are large-scale projects deemed important to the state for economic, social, or environmental reasons, requiring approval from the state government, not local councils. More recently, there is a particular focus on higher density residential development as SSD.
The state government is under pressure to meet housing targets set by the federal government’s Housing Accord. SSDs are seen by the state as one way to accelerate progress on meeting these targets.
Such developments have thresholds to meet before they can be classed as SSDs. Developments with in-fill affordable housing with an estimated development cost of more than $75 million qualify as SSD.
SSD applications are assessed by the Department of Planning, Housing and Infrastructure (DPHI) and determined by the Minister for Planning or the Independent Planning Commission. Council is notified of and invited to comment on SSD applications at the exhibition stage but otherwise plays no role in their assessment or determination.
On 13 June 2025 the state government effectively ‘turned off’ the SSD pipeline while it considered our alternative plan for new housing in Ku-ring-gai. This was developed with community consultation to replace the transport oriented development (TOD) policy introduced by the state government in May 2024.
The main advantages of our plan are increased protection for heritage areas, protection for the tree canopy and improved transitions between lower and higher density development.
Council’s new housing plan was approved by the state government on 14 November 2025 and as a result, our alternative plan and its requirements now apply to SSDs lodged after this date.
However, the SSDs originally lodged from May 2024 and June 2025 remain an issue as they are not covered by our approved plan and will be considered under the state government’s TOD provisions.
In addition, to accelerate the delivery of dwellings, the NSW Government established the Housing Delivery Authority (HDA) in January 2025. The HDA will remain in place for the TOD Alternative areas. A key difference from the standard SSD process is that the HDA can also support concurrent rezonings. This means that if a project requires rezoning as well as development approval, the two steps can be considered at the same time by the state government.
The bulk and scale of some of these developments being processed by the state government’s planning agencies are causing our community great concern, and rightly so. We share this concern.
Council has a page on its website so the public can track SSD applications. You can view them at State Significant Development and Transport Oriented Development DAs Ku-ring-gai
Council staff have provided detailed submissions on all SSD applications highlighting inconsistencies with height, bulk, scale, traffic generation and impact on heritage, tree loss and biodiversity.
Our residents need to understand that we are powerless to change the scope of SSDs lodged between May 2024 and June 2025, when the TOD policy was in place for these particular sites.
Council has previously requested that the government refuse all SSDs that are inconsistent with Council’s alternate TOD plan. While this was not agreed, DPHI provided assurance that their assessments team is following a rigorous process that considers all applications on merit, taking into account the character of Ku-ring-gai, setbacks, landscaping, topography, location, submissions, other relevant criteria and also having regard to Council’s alternate TOD plan.
The Council has done what it can to meet the government’s housing targets set for our area while offering better protection for built heritage and the environment.
There are no easy solutions to this situation, but I believe we have acted in good faith to help meet housing demand and preserve the qualities that make Ku-ring-gai such a sought after area in which to live.
|
|
|
(Moved: The Mayor, Councillor Kay)
That this Mayoral Minute be received and noted
CARRIED UNANIMOUSLY |
PETITIONS
Nil.
|
RFT11-2025 - Management and Operation of St Ives High School Sports Centre
File: RFT11-2025 Vide: GB.12
|
|
|
|
To consider tenders received for RFT11-2025 Management and Operation of Ives High School Sports Centre.
|
|
|
(Moved: Councillors Taylor/Devlin)
That:
A. That Council notes and accepts the report of the Tender Evaluation Committee in relation to RFT11-2025 Management and Operation of St Ives High School Sports Centre.
B. As a result of considering the tenders submitted for the proposed RFT11-2025 Management and Operation of St Ives High School Sports Centre, and pursuant to Clause 178(1) of the Local Government (General) Regulation 2021 (“the Regulation”), Council declines to accept any of the tenders.
C. That subject to receipt of a satisfactory Financial scorecard assessment, Council authorises the General Manager to undertake exclusive negotiations with Tenderer A, with the objective of refining their proposal and agreeing the terms of an Operator Agreement.
D. In the event exclusive negotiations with Tenderer A are unable to be concluded in Council’s best interests, Council authorises the General Manager to undertake negotiations with any person (whether or not the person was a tenderer) with a view to entering into an Operator Agreement in relation to Management and Operation of St Ives High School Sports Centre.
E. That the General Manager or delegate be authorised to negotiate and execute any contract or other documentation required to give effect to this resolution.
F. The Mayor and General Manager be delegated authority to execute all tender documents on Council’s behalf in relation to the contract.
G. The Seal of Council be affixed to all necessary documents.
H. All tenderers be advised of Council’s decision in accordance with Clause 178 of the Local Government (General) Regulation 2021.
CARRIED UNANIMOUSLY |
|
Post-exhibition
Development Control Plan
File: S12645 Vide: GB.14
|
|
|
|
For Council to consider submissions received in response to the exhibition of the Draft Development Control Plan for 4, 12 & 14 Cowan Road, St Ives (Pymble Golf Club).
|
|
|
(Moved: Councillors Taylor/Devlin)
A. That Council adopts the draft Ku-ring-gai Development Control Plan Part 14 Pymble Golf Club and Part 18R Greenweb Map Sheet 013, incorporating post-exhibition amendments as detailed in this report and at Attachment A2. B. That Council’s adoption of the amended Ku-ring-gai Development Control Plan be notified on Council’s website in accordance with Clause 21(4) of the Environmental Planning and Assessment Regulation 2000.
C. That the amended Ku-ring-gai Development Control Plan comes into effect on the day that it is notified on Council’s website.
D. That people who made a submission to the public exhibition be notified of Council’s resolution.
E. That delegation be given to the Director, Strategy and Environment to correct any minor amendments or errors and inconsistencies to the draft Ku-ring-gai Development Control Plan.
CARRIED UNANIMOUSLY |
|
Council
Position on the operation of the
File: S13203/2 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)(d)(ii), of the Act, and should be dealt with in a part of the meeting closed to the public.
Section 10A(2)(d) of the Act permits the meeting to be closed to the public for business relating to commercial information of a confidential nature that would, if disclosed:
(i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of Council, or (iii) reveal a trade secret.
This matter is classified confidential under section 10A(2)(d)(ii) because it would confer a commercial advantage on a competitor of the Council.
Report by Director Strategy & Environment dated 29 August 2025
|
|
|
(Moved: Councillors Taylor/Devlin)
That Council proceed on the basis of Option A as outlined in the report.
CARRIED UNANIMOUSLY |
Motions of which due Notice has been given
|
Efficient Function of Our Separate Sewerage Network and Stormwater Drainage Systems to Improve the Health and Resilience of Local Waterways
File: S12643/5 Vide: NM.1
|
|
|
|
Notice of Motion from Councillor Taylor dated 31 October 2025
The Ku-ring-gai local government area is located at the head of three significant Sydney water catchments - Cowan Creek, Lane Cove River and Middle Harbour Creek catchments, flowing into Broken Bay and Sydney Harbour. Prior to 1955, our tributary creeks were regularly used by residents for recreation activities, including bathing.
Built development on each of these catchments is serviced by a sewerage network operated by Sydney Water. Separate stormwater drainage systems also operate within the catchments. These stormwater drainage systems are generally assets of Council, however, some components sit within private property boundaries or shared drainage easements.
Water quality testing performed at sites in Middle Harbour periodically identifies high levels of potentially infection-causing enterococci bacteria. Since recreational water quality has been monitored in Middle Harbour the annual grade has typically been "poor". The annual grade for the 2025 bathing season is "fair".
Spikes in bacterial pollution in waterways can be linked to high rainfall events. During rainfall, bacteria, and other pollutants, are washed into the waterways directly through stormwater system and via sewer overflows.
Stormwater drainage systems and the sewerage network need to be completely separate.
Sydney Water’s sewerage network is designed to allow for gravity flow, (some pumping stations are included in low points). As part of the design, various overflow discharge points have been incorporated, as essential safety features of the system. The purpose of these overflow points is to allow for surcharges in times of high volume of flow and avoid overflow within areas of high public health risk, such as within residential areas. These surcharge points within Ku-ring-gai are found within our local bushland valleys, generally adjacent to local tributary creeks.
There are two main causes of sewer overflows into stormwater drainage – blockages, and flows exceeding pipe capacities during wet weather. Blockages, sometimes called “dry weather overflows” are caused by tree roots or by the improper disposal of wet wipes, tissues, oils, and fats into the wastewater network.
During very heavy rainfall, extra water can enter the sewerage network through faulty pipes, drain lids and by direct connection of stormwater drainage.
The sewage network should only be used to transport sewage and household waste waters to the designated treatment plant. At no time should stormwater be directed to the sewerage network, nor should sewage be directed to the stormwater drainage system. Reducing inflow and infiltration will improve the sewerage network efficiency, extend asset life, and reduce greenhouse gas emissions from unnecessary treatment loads. Climate change and more intense rainfall events increase hydraulic pressure on both systems, so proactive disconnection and repair are forms of climate adaptation.
How can we address this issue?
Sydney Water uses a smoke-testing process to identify issues in the sewerage network to find leaks, faulty connections and illegal stormwater connections which may need repair or disconnection. Location and repair of defects is essential to the economical and hydraulic functioning of the sewerage network.
With the pending increase in the number of households within the Ku-ring-gai Local Government Area, due to current housing targets under State planning reforms, it is important that major civic infrastructure systems, like the sewerage network work as designed. Removing the sewage from our waterways is also a critical step toward restoring healthy ecosystems and ultimately supporting the re-establishment of safe recreational use of our local waterways.
Sydney Water regularly partners with local councils to establish educational and compliance programs to maximise the efficient function of our separate sewerage network and stormwater drainage systems. Most recently, Hornsby Council has participated in the program. The participation of Ku-ring-gai Council in the program would further demonstrate our resolve to protect and restore our local natural environment and improve the health of our waterways.
This initiative supports Council’s strategic objectives under the Environment and Infrastructure themes of the Community Strategic Plan, particularly improving waterway health, climate resilience, and sustainable infrastructure performance.
I, therefore, move that Council resolves to:
A. Include a program promoting and encouraging residential disconnection of stormwater from the sewage network to improve the health and resilience of local waterways within the 2026/27 Operational Plan. The program would include education, local waterways testing, system testing, regulatory actions, and compliance statistics (such as the number of properties tested or rectified);
B. Inform Sydney Water that Ku-ring-gai Council wishes to partner with them, initially for a period of three years, to deliver a local educational and compliance program focussing on the need to ensure stormwater is not discharged into the sewerage network;
C. Undertake a review of the Development Control Plan or stormwater design guidelines to ensure new developments include inspection points for verifying separation; and,
D. Collaborate with Sydney Water to identify priority sub-catchments for rectification.
|
|
|
(Moved: Councillors Taylor/Devlin)
That the above Notice of Motion as printed be adopted.
CARRIED UNANIMOUSLY |
QUESTIONS WITH NOTICE
Council resolved
itself into Closed Meeting
with the Press and Public Excluded to deal with the following items
after a Motion moved by Councillors Ward and Smith
was CARRIED UNANIMOUSLY.
|
File: S14846-2 Vide: GB.16
|
|
|
|
To provide Council with a list of amendments, made by Department of Planning, Housing and Infrastructure (DPHI), to Council’s adopted Ku-ring-gai TOD Alternative.
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 Director Strategy & Environment dated 14 November 2025
|
|
|
(Moved: Councillors Kay/Wheatley)
A. That Council note that:
a. Council’s adopted alternative transport oriented development scheme was largely implemented by the Department of Planning, Housing and Infrastructure on 14 November 2025 by State Environmental Planning Policy Amendment (Ku-ring-gai Station Precincts) 2025, ensuring:
i. the protection of heritage; ii. preservation of biodiversity and tree canopy; iii. protection of the desired future character of Ku-ring-gai; and iv. revitalisation of its town centres;
b. while Council considers it had strong prospects of having the TOD SEPP declared invalid in its proceedings against the State of New South Wales, it appreciates that even if it were successful the proceedings themselves would not have led to the outcomes that Council has now been able to achieve; and
c. while Council acknowledges that the transitional provisions associated with state significant development were not resolved to its satisfaction, this alone would not justify the continuation of the proceedings in all the circumstances.
B. That Council accept the offer of the State of NSW that the current proceedings in the Land and Environment Court be discontinued on the basis that each party bear its own costs, the discontinuance to be filed at Court (with the consent of the State) within 1 business day of the amended maps being published on the Spatial Viewer in the same form that those maps were provided to Council last week.
CARRIED UNANIMOUSLY |
|
File: S14999 Vide: C.2
|
|
|
|
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 3 November 2025
|
|
|
(Moved: Councillors Kay/Ward)
That the report be received and noted, and any recommendations contained in the report considered.
|
Council resolved to return to Open Council after a Motion
moved by Councillors Wheatley and Ward
was CARRIED UNANIMOUSLY.
BUSINESS WITHOUT NOTICE – SUBJECT TO CLAUSE 9.3 OF code of meeting practice
Nil.
Inspections– SETTING OF TIME, DATE AND RENDEZVOUS
Nil.
The Meeting closed at 10:34pm.
The Minutes of the Ordinary Meeting of Council held on 18 November 2025 (Pages 1 - 28) were confirmed as a full and accurate record of proceedings on <Insert confirmation date …>
__________________________ __________________________
General Manager Mayor / Chairperson
