Agenda of Ordinary Meeting of Council - Tuesday, 16 December 2025

Ordinary Meeting of Council

TO BE HELD ON Tuesday, 16 December 2025 AT 7:00 PM

Level 3, Council Chamber

Agenda

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

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

The Livestream can be viewed here:

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

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

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

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

The Oath or Affirmation taken is as below:

Oath:

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

Affirmation:

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

APOLOGIEs

DECLARATIONS OF INTEREST

Documents Circulated to Councillors

Confirmation of Reports to be Considered in Closed Meeting

NOTE:

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

GB.13 RFT5-2025 - Bushland Services Tender

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

Attachment 1: Attachment A1 - List of tenders received

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

Attachment 2: Attachment A2 - RFT5- 2025 Bushland Services Tender Evaluation Report

GB.14 RFT10-2025 – Cricket Net Upgrade Turramurra Memorial Park

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

Attachment 1: RFT10-2025 List of Submitters

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

Attachment 2: RFT10-2025 Cricket Net Upgrade Turramurra Memorial Park - Tender Evaluation Report

GB.15 RFT12-2025 - Fire Safety Services for Council-Owned Buildings

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

Attachment 1: Attachment A1 - List of tenders received

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

Attachment 2: Attachment A2 - Tender Evaluation Report and recommendation

CONFIRMATION OF MINUTEs

Minutes of Ordinary Meeting of Council 15

File: EM00046/10

Meeting held 18 November 2025

Minutes numbered 213 to 236

minutes from the Mayor

Petitions

PT.1 Urgent request for installation of footpaths on both sides of St John's Avenue, Gordon 59

File: S02211/2

Petition to Ku-ring-gai Council

Principal petitioner: Ganesh Ganesan

We the undersigned residents of Gordon and the wider Ku-ring-gai local Government Area, respectfully request that Ku-ring-gai Council take urgent action to construct safe pedestrian footpaths on both sides of St John’s Avenue, particularly along the section highlighted in the attached map (between Gordon Golf Club and the residential area near Handprints Killara).

The attached map forms part of this petition and identifies the unsafe stretch of road where pedestrians are currently exposed to significant danger.

Background and reason for the request:

St John’s Avenue is widely used by:

- Elderly residents undertaking their daily walks;

- School children walking to and from nearby schools and public transport; and

- Local families, joggers and recreational pedestrians

Despite having heavy pedestrian usage, St John’s Avenue does not have continuous or accessible footpaths. The grass verges on both sides are uneven, sloped and obstructed by tree roots, making them unsafe for walking. Consequently, residents – especially the elderly, school children and those with mobility challenges – are forced to walk directly on the road. This creates a serious risk of collision with vehicles, particularly given the narrowness and curvature of parts of the roadway.

Recent fatal accident:

On 13 November 2025, a 92-year-old man tragically died after being struck by a vehicle on St John’s Avenue while on his regular morning walk.

This heartbreaking incident has deeply affected residents and demonstrates the urgent need for safe pedestrian infrastructure to prevent further injury or loss of life.

Growing residential population:

The neighbourhood surrounding St John’s Avenue includes approximately 200-300 dwellings. With many elderly residents, families with young children and regular walkers in the area, safe pedestrian access is essential. Continuous footpaths are critical for:

- Seniors with reduced balance or mobility

- Children travelling to and from local schools

- Parents with prams

- Residents using mobility aids

- Everyday recreational walkers

Community support:

This petition in strongly supported by residents who regularly walk along St John’s Avenue or have witnessed dangerous close calls. Many signatories include elderly pedestrians, parents with school aged children and long-term residents who are concerned for their own safety and the safety of their neighbours.

We urge Ku-ring-gai Council to act promptly to protect lives and ensure safe, accessible pedestrian pathways for our community.

In the interest of public safety, we respectfully request that Ku-ring-gai Council:

1. Construct a proper, continuous concrete footpath on both sides of St John’s Avenue, covering at minimum the section between Gordon Golf Club and the area near Handprints Killara (as shown in the attached map);

2. Prioritise this construction as an urgent safety measure in view of the recent fatality;

3. Construct a pedestrian safety and traffic risk assessment of the road;

4. Consider upgrading street lighting along this route to enhance visibility for both drivers and pedestrians.

A map of a golf course

AI-generated content may be incorrect.

(12 signatures)

Recommendation:

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

GENERAL BUSINESS

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

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

GB.1 Environment Committee Minutes - November 2025 62

File: S14696

For Council to consider and note the minutes of the Environment Advisory Committee meeting held on 10 November 2025.

Recommendation:

That Council receive and note the Minutes of the Environment Advisory Committee meeting held on 10 November August 2025, including the recommendations within.

GB.2 Heritage Reference Committee meeting minutes of 6 November 2025 96

File: CY00413/13

To have Council consider the minutes from previous Heritage Reference Committee (‘HRC’) meeting held on 6 November 2025.

Recommendation:

That Council receives and notes the HRC minutes from 6 November 2025.

GB.3 Status of Women's Advisory Committee - Minutes of Meeting Tuesday 4 November 2025 102

File: S13683

To provide Council with the minutes from the Status of Women’s Advisory Committee meeting held on 4 November 2025.

Recommendation:

That Council endorse the minutes of the Status of Women’s Advisory Committee meeting held on 4 November 2025.

GB.4 Youth Advisory Committee -
Minutes of Meeting Wednesday 12 November 2025 110

File: S04477

To present the minutes of the Youth Advisory Committee meeting held on 12 November 2025 and seek Council’s consideration of the Committee’s recommendation to extend membership to December 2026.

Recommendation:

That Council endorses the minutes of the Youth Advisory Committee meeting held on 12 November 2025.

GB.5 Code of Conduct - Complaint Statistics 118

File: S08447

To report statistics in relation to complaints as required by the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW 2020 for the twelve months to 31 August 2025.

Recommendation:

That the report under Part 11 of the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW 2020 be received and noted.

GB.6 Investment Report as at 30 November 2025 127

File: FY00623/8

To present Council’s investment portfolio performance for November 2025.

Recommendation:

That the summary of investments performance for November 2025 be received and noted; and that the Certificate of the Responsible Accounting Officer be noted and the report adopted.

GB.7 Petitions Policy 135

File: CY00473/12

To seek Council endorsement of a new Petitions Policy to formalise the process for the consistent and transparent management of public petitions.

Recommendation:

That Council endorse the draft Petitions Policy for public exhibition. A report will be brought back to Council in early 2026 on submissions received and any amendments proposed to the policy. If no submissions are received, then Council adopt the policy as attached to this report.

GB.8 Post-exhibition of revised Delivery Program, Resourcing Strategy and application for a Special Rate Variation 150

File: S14747-1-1

To seek Council’s approval to apply to the Independent Pricing and Regulatory Tribunal (IPART) for a Special Rate Variation (SRV) after presenting Council with the outcomes of the exhibition of a revised Delivery Program, Operational Plan, Long Term Financial Plan and Asset Management Strategy, and other related matters.

Recommendation:

That Council:

A. adopt the revised Delivery Program 2025-2029 and Operational Plan 2025-2026, Long Term Financial Plan 2025-2035 and Asset Management Strategy 2025-2035 as attached

B. adopt the updated Asset Management Policy as attached

C. adopt the updated Asset Management Plans as attached

D. approve for Council to apply to the Independent Pricing and Regulatory Tribunal (IPART) for a Special Rate Variation (SRV) of 24.6% to begin from 1 July 2026 which, when combined with the confirmed 4.4% rate peg, will result in a 29% rate revenue increase in 2026/27, with rates to increase in line with the rate peg in future years.

GB.9 Policy for Covert Electronic Surveillance for Illegal Dumping 733

File: S02294/2

For Council to consider and adopt the revised Covert Electronic Surveillance Policy for Illegal Dumping

Recommendation:

That the draft, revised Covert Electronic Surveillance Policy, Version 3, be adopted.

GB.10 Sportsfields Booking Policy and Sportsfield Closure Policy 746

File: S03881

For Council to adopt the Sportsfields Booking Policy and Sportsfields Closure Policy following community consultation.

Recommendation:

That Council adopts the Sportsfields Booking Policy and Sportsfields Closure Policy as attached to this report.

GB.11 Ku-ring-gai Local Transport Forum Dates for 2026 771

File: CY00022/17

To determine the Ku-ring-gai Local Transport Forum (LTF) meeting dates for 2026.

Recommendation:

That the Ku-ring-gai Local Transport Forum meetings for 2026 be scheduled monthly between February and November as per dates specified.

GB.12 Local Transport Forum - Decision Making Framework and Associated Delegations 774

File: CY00022/17

The purpose of this report is to present to Council a governance and monitoring framework for the proposed Local Traffic Forum (LTF).

Recommendation:

That Council approve the recommendations A to E of this report.

GB.13 RFT5-2025 - Bushland Services Tender 787

File: RFT5-2025

To consider tenders received for the establishment of an approved panel of suitably experienced and capable contractors to deliver services within Council’s bushland reserves.

Recommendation:

A. That Council accept the tender submissions from eight (8) tenderers as recommended in the attached Evaluation Report.

B. That the Mayor and General Manager be delegated authority to execute all tender documents on Council’s behalf in relation to the contracts.

C. That the Seal of Council be affixed to all necessary documents.

D. That all tenderers be advised of Council’s decision in accordance with Clause 178 of the Local Government Tendering Regulation.

GB.14 RFT10-2025 – Cricket Net Upgrade Turramurra Memorial Park 792

File: RFT10-2025/R

To consider the tenders received for RFT10-2025 Cricket Net Upgrade Turramurra Memorial Park and to appoint the preferred tenderer.

Recommendation:

In accordance with Section 55 of the Local Government Act and Tender Regulation 2021, it is recommended Council accept the Tender submitted by Tenderer B.

GB.15 RFT12-2025 - Fire Safety Services for Council-Owned Buildings 796

File: RFT12-2025/R

To consider tenders received for RFT12-2025 for Fire Safety Services, specifically the maintaining and testing of fire protection equipment at Council-owned buildings.

Recommendation:

In accordance with Section 55 of the Local Government Act and Tender Regulation 2021, it is recommended Council accept the Tender submitted by Tenderer A.

GB.16 Policy Update - Management of Community and Recreation Facilities 800

File: CY00473/12

For Council to consider and endorse the periodic update of the Management of Community and Recreation Facilities Policy 2018.

Recommendation:

That the revised Policy for Management of Community and Recreation Facilities 2025 be exhibited for 28 days and be adopted following completion of the exhibition period where no required changes result from the exhibition, or reported back to Council where changes are required following the exhibition.

GB.17 Planning Proposal 77 Kulgoa Rd Pymble - Post Exhibition 823

File: S14501

For Council to consider submissions made in response to the exhibition of a Planning Proposal to rezone 77 Kulgoa Road, Pymble, consistent with adjoining R2 Low Density Residential zoned land.

Recommendation:

That Council resolve to proceed with the finalisation of the Planning Proposal to rezone 77 Kulgoa Road, Pymble C4 Environmental Living to R2 Low Density Residential in accordance with the conditions of the Gateway Determination.

GB.18 Application to Seek the Minister's Consent to Grant a Licence over Community Land 1155

File: S14827

To recommend an application for Minister’s consent be submitted to proceed with the granting of the licence to Fast Cities Australia Pty Limited (Evie Networks). The licence is for a public electric vehicle (EV) charger to be installed and operated at 9 Coonanbarra Road, Wahroonga.

Recommendation:

Council make an application to the Minister for Local Government seeking consent to grant the proposed licence as noted within this report.

Extra Reports Circulated to Meeting

Motions of which due Notice has been given

NM.1 Refreshing Ku-ring-gai's 2021 Heritage Strategy 1166

File: S12203

Notice of Motion from Councillors Balachandran and Kay dated 27 November 2025

The Ku-ring-gai Heritage Strategy was developed in 2021 to "measure, plan and report on heritage management in Ku-ring-gai". The Strategy outlines the following:

1. Legislative and strategic frameworks under which Council operates

2. Heritage resources, such as studies, the heritage reference committee, policies, grants, and events

3. Heritage challenges and opportunities including identification, protection, and supporting owners

4. A strategy action plan with short-term (1-2 years), medium-term (2-5 years) and ongoing initiatives

There have been significant changes in Ku-ring-gai since 2021, notably the Transport Oriented Development (TOD) planning measures introduced by the NSW State Government in 2023. A key planning principle in Ku-ring-gai Council's Alternative Scenario was to preserve the heritage character of the area. The council TOD survey broadly tested residents' views of protecting heritage in the face of development. Heritage owners have faced significant uncertainty during this period and are seeking greater engagement with Council.

An increasingly culturally diverse population in Ku-ring-gai creates opportunities to engage newer community members. There have also been new advisory committees established in this period with valuable perspectives to add to Council's heritage strategy, such as those of young people who are the area's future stewards.

The NSW Government is currently developing its first heritage strategy.

"Heritage in New South Wales includes the places and objects we have inherited from the past and want to protect for future generations. It is also the social values, stories and meanings associated with those places and objects that individuals and communities hold and wish to pass on to future generations. The value of heritage extends beyond conserving the past. It contributes to our sense of identity and belonging, and to our health and wellbeing. While conservation remains critical, we need to expand our heritage thinking. We need to encompass storytelling, engaging with cultural traditions and acknowledging different experiences of the past if we are to fully recognise the story of New South Wales." [NSW Draft Heritage Strategy 2025]

Five years after the development of Council's 2021 heritage strategy, the heritage character of Ku-ring-gai's environment is under increasing pressure from planning changes, housing needs, societal and demographic changes, and economic uncertainly faced by owners.

Ku-ring-gai Council is the forefront of heritage-in-place in NSW. It is timely to update the 2021 strategy to ensure we maintain a dynamic strategy underpinned by broad and current community engagement.

We, therefore, move that:

A. Council staff provide a report in February 2026 directly to Council assessing the implementation of the action plan in the Heritage Strategy 2021. This should include the identification of short-term actions that remain current and critical with a timeline for completion by December 2026.

B. The Heritage Strategy be updated following engagement with heritage owners, culturally diverse communities, Aboriginal groups, young people, relevant community groups, as well as the wider community, including:

a) A Heritage Forum with heritage owners

b) Feedback on the Heritage Strategy from Community Advisory Committees

C. A Heritage newsletter be developed and tested in 2026 to share information and build dialogue

D. An updated Heritage Strategy be brought back to Council in December 2026 including an action plan with timelines, for inclusion in the Delivery Program and Operational Plan and related reporting.

Recommendation:

That the above Notice of Motion as printed be adopted.

NM.2 Planning for Turramurra Town Centre 1168

File: S10467/2

Notice of Motion from Councillor Devlin dated 28 November 2025

Planning work and resources have rightly been directed toward responding to the State Government’s Transport Oriented Development (TOD) program at Roseville, Lindfield, Killara and Gordon, which together will accommodate a significant share of Ku-ring-gai’s future housing and community infrastructure. With that work now substantially progressed, it is timely to turn strategic attention back to the remaining centres and neighbourhoods that make up approximately sixty per cent of the Local Government Area (LGA).

Strategic planning work for Turramurra is also an equity issue for the community. The local centre serves residents of both Comenarra and Wahroonga Wards and plays an important district role in the northern part of the LGA. As such, it is timely to consider a new planning framework to guide development across Turramurra Town Centre.

Changes to NSW Government Housing Policy have significant potential to impact on this area:

· The Low and Mid-Rise Housing SEPP allows medium and high-density development within 800 metres of the centre;

· The Housing Development Authority provides a pathway for landowners to submit EOIs for high density development; and,

· State Significant Applications provide a pathway for large development proposals incorporating in-fill affordable housing.

Within this policy context, there are already significant development interests in and around the Turramurra Town Centre. Council is in the process of assessing a Planning Proposal for a 9-storey development on the corner of the Pacific Highway and Kissing Point Road. Council has also had ongoing discussions with Coles regarding the possible redevelopment of the supermarket on Ray Street. There is also an SSD with SEARS in Ku-ring-gai Avenue. Development is coming to Turramurra.

Council’s current planning controls for Turramurra date back to 2012 when amendments were made to the Ku-ring-gai Local Environmental Plan (KLEP) and Ku-ring-gai Development Control Plan (KDCP). The DCP was subsequently amended in 2016 to update the Ray / William Street retail and public areas.

There is a risk that, without an updated centre wide framework, development will proceed in an uncoordinated manner, with missed opportunities for:

· Integrated public domain and street upgrades;

· Safe and direct pedestrian and cycling connections across the Pacific Highway and rail corridor and between precincts;

· A coordinated approach to traffic, access and parking;

· Delivering new and upgraded community infrastructure, including library, community and cultural spaces, open space and civic space; and,

· Protecting and enhancing local character, heritage and the landscape setting that residents value.

We need to ensure that the precincts making up the Turramurra Town Centre are well planned, connected, and that there is adequate provision of community infrastructure for the growing population.

Note that the intent of this Notice of Motion is not to defer or pre-empt statutory decisions on the current planning proposals within the Turramurra Town Centre, nor to reduce the priority of the Gordon and Lindfield hub projects, but to ensure that Council and the community has a clear, up to date and integrated strategic framework to guide future development and infrastructure delivery in and around the Turramurra Town Centre.

I, therefore, move that:

A. Council staff report back in the first quarter of 2026 with a project scope, cost and timeline for the development of a new planning framework to guide development across the Turramurra Town Centre;

B. The report should also advise how this work will be integrated with the implementation of the State Government’s Low and Mid Rise Housing SEPP, the Housing Development Authority pathway, and any relevant State Significant Development or Planning Proposal processes affecting the centre, and include a proposed stakeholder and community engagement approach for the preparation of the planning framework.

Recommendation:

That the above Notice of Motion as printed be adopted.

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

Questions With Notice

InspectionS– SETTING OF TIME, DATE AND RENDEZVOUS

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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

Apologies

File: S02194

The General Manager advised of an apology from the Director Development & Regulation, Michael Miocic, with Anne Seaton acting as Director Development & Regulation.

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 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

213

CONFIRMATION OF REPORTS AND ATTACHMENTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/9

Resolved:

(Moved: Councillors Taylor/Balachandran)

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 Council Position on the operation of the Ku-ring-gai High School Hockey Facility

C.2 Project Review

GB.12 Management and Operation of St Ives High School Sports Centre

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

Attachment A1: List of tenders received

Attachment A2: Tender prices received

Attachment A4: Tender Evaluation Report

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

Attachment A3: Financial assessment

GB.16 Ku-ring-gai TOD Alternative

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

Attachment A4: Ku-ring-gai Council v The State of NSW – Land and Environment Court of NSW

CARRIED UNANIMOUSLY

CONFIRMATION OF MINUTEs

214

Minutes of Ordinary Meeting of Council

File: EM00046/9

Meeting held 21 October 2025

Minutes numbered 185 to 205

Resolved:

(Moved: Councillors Ward/Wheatley)

That Minutes numbered 185 to 205 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

215

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.

Resolved:

(Moved: The Mayor, Councillor Kay)

That this Mayoral Minute be received and noted

CARRIED UNANIMOUSLY

216

Update on progress towards Net Zero and Completion of the Cities Race to Zero Pledge

File: CY00441/13

Vide: MM.2

Given recent political developments regarding Net Zero I think it is timely to outline the ways our Council is responding to this crucial issue.

Ku-ring-gai Council is already a participant in the United Nations Cities Race to Zero campaign — a global initiative that brings together local governments committed to taking science-aligned climate action consistent with limiting global warming to 1.5°C.

The campaign reflects principles embedded in Ku-ring-gai Council’s two key climate change policy initiatives. These are the Towards Net Zero Emissions – 2030 Action Plan and the Net Zero Communities Strategy.

Both these documents reinforce Council’s long-standing position on community resilience and emissions reduction.

As part of participation in the Cities Race to Zero program, councils are required to complete a formal pledge confirming their commitment to science-based targets, interim milestones, inclusive climate action, and transparent annual reporting.

Ku-ring-gai is well placed to complete this pledge, with both the organisation and the community demonstrating measurable progress. The most recent progress indicators show:

· Community solar installations have more than doubled, increasing from 4,507 to 9,363 systems (+108%), with capacity rising from 21.59 MW to 53 MW.

· Electric vehicle uptake has increased sharply, from 399 vehicles to 3,193.

· Waste to landfill has decreased, falling from 26,710 tonnes to 25,827 tonnes, while waste diversion has increased, from 55% to 57%, with an additional 2,016 tonnes diverted compared with baseline.

· Greenhouse gas emissions have fallen by approximately 65,000 tonnes, a 7% reduction since baseline, noting that progress remains slightly short of the interim −10% target.

· Operational emissions also show positive movement, including reductions in electricity use and gas-related emissions relative to baseline trends.

These indicators demonstrate a clear and ongoing transition toward Net Zero within the Ku-ring-gai community and confirm that Council’s strategies and programs are delivering tangible emissions reductions.

A key requirement of the Cities Race to Zero program is the identification of at least one inclusive climate action. The Council’s unique Net Zero Champions Program is supporting Ku-ring-gai households to take their own action towards Net Zero, with an exceptional level of participation.

Established following strong community interest during consultation for the Net Zero Communities Strategy, the program now includes nearly 200 volunteers working across themes such as Electrification & Renewables, Composting and Reuse & Repair.

The volunteer Champions have delivered a range of education events including the Sustainable Futures Day, solar education sessions, solar-car racing in local schools, and a series of well attended clothing swaps.

With nearly 200 volunteers willing to give their time and engage with residents on our behalf, Council is empowering our community to act on this issue.

This model is quite unique for local government in NSW, and we have been supporting other councils keen to replicate our success.

The Champions program represents best practice in community-empowered climate action and is a significant asset to Council’s broader emissions-reduction efforts.

The timing of this Race to Zero pledge also aligns with Council’s forthcoming review of the Climate Change Policy and supporting strategic documents.

Ku-ring-gai’s completion of the pledge will ensure that the updated Climate Change Policy remains consistent with leading international frameworks and continues to reflect Council’s commitment to transparent, evidence-based action.

To formalise Council’s participation in the Cities Race to Zero program, the Mayor is required to complete and sign the pledge. Relevant staff will prepare the technical information to support this process.

Resolved:

(Moved: The Mayor, Councillor Kay)

A. That Council reaffirm its participation in the United Nations’ Cities Race to Zero initiative, noting the strong progress demonstrated across both community and organisational emissions indicators.

B. That Council acknowledge the Net Zero Champions Program as a key Council initiative supporting households and businesses to take climate action towards reaching Net Zero, and as part of Ku-ring-gai’s inclusive climate action under the Cities Race to Zero framework.

C. That Council authorise the Mayor to complete and sign the Cities Race to Zero pledge, with assistance from Council staff.

D. That completion of the pledge be incorporated into the forthcoming review of Council’s Climate Change Policy and Strategy to ensure continued alignment with international best practice.

E. That Council nominate the Net Zero Champions for appropriate awards for local, state and national recognition

CARRIED UNANIMOUSLY

PETITIONS

Nil.

GENERAL BUSINESS

217

Minutes of Audit, Risk & Improvement Committee Meetings held on 4 and 18 September 2025

File: CY00458/13

Vide: GB.1

To provide Council with the minutes from the Audit, Risk & Improvement Committee meetings held on 4 and 18 September 2025 for adoption.

Resolved:

(Moved: Councillors Taylor/Devlin)

That the minutes from the Audit, Risk & Improvement Committee meetings held on 4 and 18 September 2025 be adopted.

CARRIED UNANIMOUSLY

218

Heritage Reference Committee meeting minutes of 2 October 2025

File: CY00413/13

Vide: GB.2

To have Council consider the minutes from previous Heritage Reference Committee (‘HRC’) meeting held on 2 October 2025.

Resolved:

(Moved: Councillors Taylor/Devlin)

That Council receive and note the HRC minutes from the meeting held on 2 October 2025.

CARRIED UNANIMOUSLY

219

Update to Fraud and Corruption Control Policy and Strategy

File: CY00458/13

Vide: GB.3

To seek Council’s adoption of the updated Fraud and Corruption Control Policy (CDN115) and to note the updated Fraud and Corruption Control Strategy (CDN174).

Resolved:

(Moved: Councillors Taylor/Devlin)

It is recommended that Council:

A. Adopt the updated Fraud and Corruption Control Policy (CDN115) as shown in Attachment A1.

B. Note the updates made to the Fraud and Corruption Control Strategy (CDN174) as shown in Attachment A2.

CARRIED UNANIMOUSLY

220

Improve Asset Utilisation and Support the Arts in Ku-ring-gai

File: FY00713

Vide: GB.4

The purpose of this report is to present for Council’s consideration a draft framework for the Stages and Spaces: Ku-ring-gai Creative 12-Month Pilot Program, incorporating a targeted review of community facilities to encourage higher utilisation, support local artists and creative practitioners, and strengthen community participation in the arts.

Resolved:

(Moved: Councillors Taylor/Devlin)

A. That Council endorse the Stages and Spaces: Ku-ring-gai Creative 12-Month Pilot Program as outlined in this report, incorporating feedback from Council’s Advisory Committees to enhance accessibility, inclusivity, and administrative simplicity.

B. That Council approve implementation of the pilot from January to December 2026, with quarterly progress and budget reporting to Council.

C. That Council consider, as part of the 2026/2027 budget deliberations, the identified low-cost improvement upgrades to the selected facilities estimated at $160,000 as detailed in the body of this report, to support creative and community use.

D. That Council consider the continuation of the 12-month pilot following an evaluation report outlining outcomes, utilisation data, community feedback, and recommended adjustments to inform development of a long-term Creative Spaces Framework.

CARRIED UNANIMOUSLY

221

Investment Report as at 31 October 2025

File: FY00623/8

Vide: GB.5

To present Council’s investment portfolio performance for October 2025.

Resolved:

(Moved: Councillors Taylor/Devlin)

That:

The summary of investments and performance for October 2025 be received and noted.

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

CARRIED UNANIMOUSLY

222

Analysis of Land and Environment Court Costs - 1st Quarter 2025 to 2026

File: FY00623/8

Vide: GB.6

To report legal costs in relation to development appeal matters in the Land and Environment Court for the quarter ended 30 September 2025.

Resolved:

(Moved: Councillors Taylor/Devlin)

That the analysis of Land and Environment Court costs for the period ended 30 September 2025 be received and noted.

CARRIED UNANIMOUSLY

223

Review of Rates, Charges and Sundry Debts - Assistance Concessions, and Recovery Policy

File: CY00473/12

Vide: GB.8

For Council to adopt the updated “Rates, Charges and Sundry Debts - Assistance, Concessions and Recovery” Policy

Resolved:

(Moved: Councillors Taylor/Devlin)

That the updated “Rates, Charges and Sundry Debts – Assistance, Concessions and Recovery Policy” be adopted.

CARRIED UNANIMOUSLY

224

Outdoor Lighting Policy - Public Exhibition

File: S14846-2

Vide: GB.11

To seek endorsement for the draft Outdoor Lighting Policy (Controlled Document No. 238) to be placed on public exhibition.

Resolved:

(Moved: Councillors Taylor/Devlin)

That the draft Outdoor Lighting Policy (Controlled Document No. 238) be placed on public exhibition for a minimum period of 28 days to invite community feedback.

That, following the public exhibition:

i. If submissions are received that necessitate material amendments, a revised Policy be reported back to Council for adoption; or

ii.
b. If no significant amendments are required, the Policy be adopted as exhibited.

CARRIED UNANIMOUSLY

225

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.

Resolved:

(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

226

Hawkesbury Nepean Coastal Management Program - Stage 3 and 4 update

File: S12059

Vide: GB.13

To present the Draft Hawkesbury Nepean River System Coastal Management Plan and seek endorsement from Council to place the Draft on public exhibition.

Resolved:

(Moved: Councillors Taylor/Devlin)

Council endorses the Draft Hawkesbury Nepean River System Coastal Management Plan for public exhibition.

CARRIED UNANIMOUSLY

227

Post-exhibition Development Control Plan
4, 12 & 14 Cowan Road, St Ives
Pymble Golf Club

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).

Resolved:

(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

228

Dual Occupancy Development Control Plan

File: S14848

Vide: GB.15

For Council to consider the amendment of the Ku-ring-gai Development Control Plan to include controls for dual occupancy development and endorse its public exhibition.

Resolved:

(Moved: Councillors Taylor/Devlin)

A. That Council endorse the proposed amendment to the Ku-ring-gai Development Control Plan to include dual occupancy development controls, as detailed in Attachment A1 of this report.

B. That the dual occupancy development controls be placed on public exhibition in accordance with provisions under the Environmental Planning and Assessment Regulation 2000.

C. 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 dual occupancy standards prior to public exhibition.

D. That a report be brought back to Council at the conclusion of the exhibition period.

CARRIED UNANIMOUSLY

229

Council Position on the operation of the
Ku-ring-gai High School Hockey Facility

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

Resolved:

(Moved: Councillors Taylor/Devlin)

That Council proceed on the basis of Option A as outlined in the report.

CARRIED UNANIMOUSLY

230

2025 - 2026 Budget Review - 1st Quarter ended September 2025

File: FY00701/2

Vide: GB.7

To inform Council of the results of the first quarter budget review of 2025/26 and proposed adjustments to the annual budget based on the actual financial performance and trend for the period 1 July 2025 to 30 September 2025.

MOTION:

(Moved: Councillors Balachandran/Pettett)

A. That the 2025/26 September Quarterly Budget Review and the recommended changes are received and noted.

B. That a report be brought back to Council in February 2026 incorporating:

a. Capital expenditure budgets, actuals, and carry-forward amounts for the last four full financial years

b. Detailed reasons for deferral of $30M in capital projects in FY26

c. Scale of capital project delivery of comparable councils

d. Measures put in place for more accurate budgeting, delivery and forecasting in future years.

Resolved:

(Moved: Councillors Balachandran/Pettett)

A. That the 2025/26 September Quarterly Budget Review and the recommended changes are received and noted.

B. That a report be brought back to Council in February 2026 incorporating:

a. Capital expenditure budgets, actuals, and carry-forward amounts for the last four full financial years

b. Detailed reasons for deferral of $30M in capital projects in FY26

c. Scale of capital project delivery of comparable councils

d. Measures put in place for more accurate budgeting, delivery and forecasting in future years.

CARRIED UNANIMOUSLY

231

Ku-ring-gai Council Meeting and Public Forum Dates for 2026

File: EM00046/10

Vide: GB.9

To set Council Meeting and Public Forum dates for 2026.

MOTION:

(Moved: Councillors Kay/Wheatley)

That Council adopt the following meeting dates for 2026:

· February 2026

o 10 February Public Forum

o 17 February Ordinary Meeting of Council

· March

o 10 March Public Forum

o 17 March Ordinary Meeting of Council

· April

o 21 April Public Forum

o 28 April Ordinary Meeting of Council

· May

o 12 May Public Forum

o 19 May Ordinary Meeting of Council

· June

o 9 June Public Forum

o 16 June Ordinary Meeting of Council

· July

o No Ordinary Meeting of Council

· August

o 11 August Public Forum

o 18 August Ordinary Meeting of Council

· September

o 8 September Public Forum

o 15 September Ordinary Meeting of Council

· October

o 13 October Public Forum

o 20 October Ordinary Meeting of Council

· November

o 10 November Public Forum

o 17 November Ordinary Meeting of Council

· December

o 8 December Public Forum

o 15 December Ordinary Meeting of Council

· February 2027

o 9 February Public Forum

o 16 February Ordinary Meeting of Council

Resolved:

(Moved: Councillors Kay/Wheatley)

That Council adopt the following Meeting dates for 2026:

· February 2026

o 10 February Public Forum

o 17 February Ordinary Meeting of Council

· March

o 10 March Public Forum

o 17 March Ordinary Meeting of Council

· April

o 21 April Public Forum

o 28 April Ordinary Meeting of Council

· May

o 12 May Public Forum

o 19 May Ordinary Meeting of Council

· June

o 9 June Public Forum

o 16 June Ordinary Meeting of Council

· July

o No Ordinary Meeting of Council

· August

o 11 August Public Forum

o 18 August Ordinary Meeting of Council

· September

o 8 September Public Forum

o 15 September Ordinary Meeting of Council

· October

o 13 October Public Forum

o 20 October Ordinary Meeting of Council

· November

o 10 November Public Forum

o 17 November Ordinary Meeting of Council

· December

o 8 December Public Forum

o 15 December Ordinary Meeting of Council

· February 2027

o 9 February Public Forum

o 16 February Ordinary Meeting of Council

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

Against the Resolution: Councillor Devlin

232

Ku-ring-gai Council Annual Report 2024-2025

File: FY00561/14

Vide: GB.10

To seek Council endorsement of the draft Annual Report for 2024–2025.

MOTION:

(Moved: Councillors Balachandran/Pettett)

That Council:

A. Endorse the Annual Report 2024-2025, subject to final proofing and editing.

B. Note that the report will be published by 30 November 2025, and notified to the Minister (by providing a link to the Annual Report to the Office of Local Government).

C. Update the format of the Annual Report in future years to incorporate historical reporting for comparison and trends in delivery of key indicators in the annual report

D. Investigate the addition of a community report card as part of annual reporting from FY26 - a short and engaging visual summary for residents - outlining significant projects, important changes and challenges, and key measures of success set by the Community Strategic Plan (e.g. Parramatta City Council).

Resolved:

(Moved: Councillors Balachandran/Pettett)

That Council:

A. Endorse the Annual Report 2024-2025, subject to final proofing and editing.

B. Note that the report will be published by 30 November 2025, and notified to the Minister (by providing a link to the Annual Report to the Office of Local Government).

C. Update the format of the Annual Report in future years to incorporate historical reporting for comparison and trends in delivery of key indicators in the annual report

CARRIED UNANIMOUSLY

Motions of which due Notice has been given

233

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.

Resolved:

(Moved: Councillors Taylor/Devlin)

That the above Notice of Motion as printed be adopted.

CARRIED UNANIMOUSLY

234

Community Access to External Automated Defibrillators across Council Facilities "Lachie's Heartstart Project"

File: S08410-14

Vide: NM.2

Notice of Motion from Councillors Devlin and Kay dated 31 October 2025

This Notice of Motion is aimed at providing community access to Automated Defibrillators across Council facilities, including sporting fields, recreation areas, community buildings and public parks.

Research shows that in Australia, approximately 80 people per day go into sudden cardiac arrest. The survival rate is approximately 12%. This is significantly impacted by the time it takes to receive treatment. For every minute without CPR, the chance of survival lowers by 10%. Automated defibrillators (AEDs) have been shown to significantly increase survival rates to approximately 50% when combined with CPR. Accessible AEDs are important as cardiac arrest can occur at any time, to any age and often without warning.

Council currently provides 22 AEDs across Council operational buildings and vehicles, libraries, golf courses, art centre and community halls. Apart from East Lindfield Community Hall and Caley’s Pavilion within the Ku-ring-gai Wildflower Garden, all the AEDs are in buildings that are locked when not in use. This means most Council managed AEDs may not be readily accessible to the community when they are required, potentially reducing the survival rates if a sudden cardiac arrest occurred at a closed Council facility. In addition to this, there are only three (3) AEDs provided by Council at recreational venues – Roseville Park Pavilion, Gordon Golf Course and North Turramurra Golf Course. Placing AEDs external to buildings may provide members of the public better opportunity to act immediately to assist someone experiencing a cardiac arrest until emergency services arrive.

When every second counts, readily accessible AEDs ensure fast, life-saving action, and help build a strong first response network across the Ku-ring-gai LGA. Making AEDs readily available at all of Council’s sporting fields is a crucial first step.

It is acknowledged this initiative will require significant investment in capital and ongoing service funding, including management of any associated liability within Council’s existing risk and insurance frameworks, ensuring this does not delay implementation. If this scheme saves one life, then Council considers it essential. Grant funding and sponsorship opportunities may be available.

Therefore, we move the following motion:

That:

A. By March 2026, a report be brought back to Council detailing the whole of life costs for the supply, installation, service and monitoring of providing external AEDs at Council owner facilities across the following stages:

a. Stage 1: all Council sporting fields (implementation during calendar year 2026,); and,

b. Stage 2: all Council community buildings, recreation areas, and public parks (implementation before the end of calendar year 2027); noting that,

c. (The above stages are guidelines only, and may differ from the report).

B. The report also contains information on the delivery timeframes, grant funding or sponsorship opportunities, and consideration of relevant liabilities imposed on Council; and,

C. The preferred delivery model prioritise external, publicly accessible units with 24-hour access and automatic registration with the NSW Ambulance AED Locator database.

Resolved:

(Moved: Councillors Devlin/Kay)

That the above Notice of Motion as printed be adopted.

CARRIED UNANIMOUSLY

QUESTIONS WITH NOTICE

How does Council protect our waterways from urban stormwater?

File: S12643/5

Vide: QN.1

QUESTION:

Question from Councillor for Roseville Ward Councillor Alec Taylor dated 31 October 2025:

Urbanisation has fundamentally changed stormwater flows in Ku-ring-gai and across our city, with a massive negative impact on our waterways. Previously heavily vegetated areas that would soak up storm water are now largely covered in hard surfaces, which rapidly transport and accumulate enormous volumes of storm water. This extraordinary discharge is dumped into our creeks, which are then stripped of natural vegetation and soils, and populated with rubbish, pollution and weeds.

Councils across Australia are adopting new methods for handling stormwater with green infrastructure, such as:

· Raingardens and wetlands: Incorporating raingardens and revitalizing wetlands to help filter pollutants and manage runoff.

· On-site detention (OSD) tanks: Requiring new developments and some new roads and footpaths to include OSD tanks designed to capture and control discharge for a range of storm events

· Pollutant traps: Installing gross pollutant traps and StormFilters at pit inlets and within treatment tanks to remove pollutants, solids, and other contaminants from stormwater runoff.

· Water reuse and harvesting: Capturing and recycling stormwater for non-potable uses, such as irrigating parks and green spaces, as part of a larger water management strategy.

Ku-ring-gai Council is already adopting and selectively deploying many of these strategies.

Questions:

1. Approximately how many major connection points are there between our infrastructure and creek headwaters across Ku-ring-gai?

2. What actions does Ku-ring-gai already take to reduce urban stormwater flows (with examples please)?

3. What more could we do to systematically slow urban storm water in Ku-ring-gai and clean up our waterways?

ReSPONSE:

Response provided by Director operations and Director Strategy & Environment:

Q1. How many major connection points are there between our infrastructure and creek headwaters across Ku-ring-gai?

Management response: Council maintains a large and complex drainage network that connects into creeks and waterways. In the absence of a definition for “major connection points”, applying a pipe diameter size of 1.2m and over to define “major connection points”, 155 drainage connections have been identified. There are numerous connection points that are smaller in size than 1.2m.

Q2. What actions does Ku-ring-gai already take to reduce urban stormwater flows (with examples please)?

Management response: Council has been implementing water sensitive urban design (WSUD) and stormwater management measures for many years, including:

On-site detention (OSD) and WSUD requirements for new development, to slow and filter flows before discharge.
Stormwater harvesting and reuse projects, such as Primula Oval and Roseville Park upgrades, and the Stratavaults at St Johns Avenue, which use captured stormwater to irrigate sportsfields and trees.
Gross pollutant traps (GPTs) and StormFilters at key points across the LGA to intercept rubbish, sediment and other pollutants.
Open space and street upgrades designed to minimise hardstand to essential accessible areas only, while incorporating passive irrigation for trees and landscape plantings.
Water Smart rebates to support property-level measures such as permeable driveways and patios, rain gardens, swales, rainwater tanks and green roofs. Rebates of up to $1,000 are available every five years, including $500 per tank of 3,000L or more, and $250 for each of up to two plumbed connections.

Q3. What more could we do to systematically slow urban storm water in Ku-ring-gai and clean up our waterways?

Management response: A major opportunity is to strengthen maintenance and compliance of the large amount of WSUD, OSD and GPT infrastructure already in place across both public and private land. Many of these systems were installed under positive covenants but require ongoing upkeep to deliver their intended benefits. A compliance program could help secure improved water quality and ensure existing investments are working as designed.

Other future opportunities include:

Supporting greater rainwater tank draw-down through internal connections (e.g. to toilets) to ensure tanks have capacity before rainfall events.
Considering roadside swales as an alternative to kerb and gutter where suitable, to absorb and filter runoff.
Exploring additional ‘shock absorber’ treatments at stormwater outlet points into creeks.

In summary, Council is already applying a wide range of recognised stormwater management approaches. The most effective next steps are to reinforce maintenance and compliance of existing assets, continue supporting residents through rebates and incentives, and integrate WSUD principles into future Council works. These will be considered in the review of the Water Sensitive Cities Strategy.

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.

235

Ku-ring-gai TOD Alternative

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

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

Resolved:

(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

236

Project Review

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.

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

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

Resolved:

(Moved: Councillors Kay/Ward)

That the report be received and noted, and any recommendations contained in the report considered.

CARRIED UNANIMOUSLY

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 - 43) were confirmed as a full and accurate record of proceedings on <Insert confirmation date …>

__________________________ __________________________

General Manager Mayor / Chairperson

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Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
N1.1: A community empowered with knowledge, learning and information that drives participation in activities that benefit the environment.	N1.1.1: The community has an enhanced appreciation of the value of the natural environment, local environmental issues and impacts.	N1.1.1.1: Utilise a variety of communication mechanisms and channels for different target groups to deliver environmental information.

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
Protect Ku-ring-gai’s heritage and character through appropriate planning controls	Strategies, plans and processes are in place to effectively protect, preserve and manage Ku-ring-gai’s heritage assets.	Promote local heritage in consultation with key stakeholders. Implement, monitor and review Ku-ring-gai’s heritage planning controls and Heritage Strategy.

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
C4.1: Harmonious communities that understand, value and accept each other, and embrace our evolving cultural identities.	C4.1.1: Barriers to social inclusion and participation, and access to social services and community facilities are reduced.	C4.1.1.2: Implement programs in response to Development identified community needs that promote social inclusion.

Ordinary Meeting of Council - 16 December 2025	GB.8 / 1

Item GB.8	S14747-1-1

Post-exhibition of revised Delivery Program, Resourcing Strategy and application for a Special Rate Variation

EXECUTIVE SUMMARY

purpose of report:	To seek Council’s approval to apply to the Independent Pricing and Regulatory Tribunal (IPART) for a Special Rate Variation (SRV) after presenting Council with the outcomes of the exhibition of a revised Delivery Program, Operational Plan, Long Term Financial Plan and Asset Management Strategy, and other related matters.

background:	At its Ordinary Council Meeting of 21 October 2025, Council approved exhibiting a revised suite of Integrated Planning and Reporting (IP&R) documents, which incorporated a rate increase of 29% (including an SRV of 24.6% and a rate peg of 4.4%).

comments:	Council exhibited the IP&R documents between 28 October and 25 November 2025. After considering community feedback, it is proposed to adopt the documents, the updated Asset Management Policy and plans for key asset classes and approve for Council to apply for a Special Rate Variation.

recommendation:	That Council: A. adopt the revised Delivery Program 2025-2029 and Operational Plan 2025-2026, Long Term Financial Plan 2025-2035 and Asset Management Strategy 2025-2035 as attached B. adopt the updated Asset Management Policy as attached C. adopt the updated Asset Management Plans as attached D. approve for Council to apply to the Independent Pricing and Regulatory Tribunal (IPART) for a Special Rate Variation (SRV) of 24.6% to begin from 1 July 2026 which, when combined with the confirmed 4.4% rate peg, will result in a 29% rate revenue increase in 2026/27, with rates to increase in line with the rate peg in future years.

Purpose of Report

Background

Overview of IPART application and criteria

IPART assesses and determines SRV applications by councils under powers delegated to it by the Minister. The Office of Local Government (OLG) Guidelines for the Preparation of an Application for a Special Variation to General Income set the criteria against which applications will be assessed, and councils must take these guidelines into consideration before applying for an SRV.

IPART assesses applications against six criteria outlined in the OLG guidelines for an SRV application:

1. The need for, and purpose of, a different revenue path for the council’s General Fund (as requested through the SRV) is clearly articulated and identified in the council’s IP&R documents, in particular its Delivery Program, Long Term Financial Plan (LTFP) and Asset Management Strategy (AMS) (where appropriate).

2. Evidence that the community is aware of the need for and extent of a rate rise.

3. The impact on affected ratepayers must be reasonable, having regard to both the current rate levels, existing ratepayer base and the proposed purpose of the variation.

4. The relevant IP&R documents must be exhibited (where required), approved and adopted by Council before it applies to IPART for an SRV.

5. The IP&R documents or Council’s application must explain and quantify the productivity improvements and cost containment strategies Council has realised in past years and plans to realise over the proposed SRV period.

6. Any other matter that IPART considers relevant.

The purpose of the proposed SRV

The purpose of the proposed Special Rate Variation (SRV) is to meet community expectations and modern standards for local critical infrastructure, to address generations of under-investment in essential assets, and ensure that future generations are not burdened with the increased costs of deteriorating infrastructure.

The SRV is required because Council faces financial challenges that inhibit its ability to adequately renew and deliver local infrastructure. These pressures include a low rate revenue per capita compared to the Sydney council average, rising costs not fully covered by the rate peg and ongoing cost shifting from State and Federal Governments (estimated as at least $13.3 million in 2022/23, or $287 per ratepayer).

Given Council’s existing lean operating model, these pressures cannot be addressed solely through efficiency measures.

The proposed SRV is essential to reverse the increasing infrastructure backlog. It would secure an additional $20.7 million a year to fund essential renewals, upgrades, and new infrastructure in the following asset classes:

· Community buildings (e.g. sporting pavilions, amenity blocks and halls).

· Stormwater and drainage.

· Recreational facilities (e.g. parks, sports courts and swimming pool).

· Footpaths (renewal of existing and new).

· Traffic and transport facilities (e.g. roundabouts and pedestrian safety upgrades).

A portion of the funding would also partly repay the loan for the construction of the St Ives Indoor Sports Centre until 2031/32, after which it would be redirected to recreational facilities.

Without the SRV, the current infrastructure backlog would continue to increase, and Council would be unable to address the following issues:

· Over 40% of stormwater assets are in unsatisfactory condition, increasing localised flooding risk.

· Over 50% of community buildings require major refurbishment or rebuild and fail to meet modern standards for access and efficiency.

· Around 250km of local streets lack footpaths, and existing paths are continuing to deteriorate over time.

· Insufficient investment in recreational facilities leading to outdoor activities being disrupted or abandoned due to poor playing surfaces or drainage.

· Inability to fund critical traffic and pedestrian safety upgrades.

Increased investment from an SRV would allow Council to reduce the infrastructure backlog by 39% over the next 10 years (compared to a 42% increase without it) and deliver the safe and high-quality infrastructure the community deserves and expects.

Further details on the need for and benefits of the special rate variation are outlined in the Long Term Financial Plan and Asset Management Strategy attached to this report.

Community engagement and awareness

Following a resolution of Council on 17 June 2025, Council undertook comprehensive community engagement between July and September to seek feedback on four rate rise options detailed in the Long-Term Financial Plan:

· Option 1: Deteriorating Increase (rate peg only): While minimising the impact on ratepayers, this would result in a significant increase in the infrastructure backlog (to $325 million) and continued asset decline.

· Option 2: Renew Infrastructure (19% SRV, plus the rate peg): To provide $16.5 million annually to improve assets and fund the St Ives Sports Centre loan. This would reduce the backlog to $175 million over 10 years.

· Option 3: Renew and Enhance Infrastructure (26% SRV, plus the rate peg): To provide $22.6 million annually to delivers all Option 2 outcomes, plus additional funds for the renewal of recreational facilities, new footpaths and other infrastructure upgrades. This would reduce the backlog to $174 million over 10 years.

· Option 4: Renew, Enhance and Expand Infrastructure (30% SRV, plus the rate peg): To provide $26.3 million annually to deliver all Option 3 outcomes, plus further upgrades and funding for the rebuild and operation of the Marian Street Theatre.

Council employed multiple methods to raise awareness and gather community views, including mail-outs, digital promotion, public forums and surveys. Independent research confirmed a high level of community awareness (60%) of engagement activities.

Representative survey results showed that 66% of residents were at least somewhat supportive of Option 2. 56% selected one of the three SRV options (2, 3, or 4) as their first preference, indicating majority support for an SRV. During recruited workshops, 7 out of 10 discussion groups identified an SRV option as their preferred choice.

Opt-in survey results showed that 60% of participants ranked the rate peg only (Option 1) as their highest preference, while 40% supported an SRV option.

Council also received over 570 written submissions and held in-person and online public forums and drop-in sessions.

Further details are available in the community engagement outcomes report attached to the October report to Council. See here.

Council resolution

At its meeting on 21 October 2025, Council considered community feedback and resolved as below:

That Council adopt for exhibition a revised Delivery Program and Operational Plan, Long Term Financial Plan and Asset Management Strategy as attached to this report and amended as below, which incorporates a Special Rate Variation of 24.6% and rate peg of 4.4% to apply in 2026/27, with rates to subsequently increase by the annual rates peg in future years.

The Special Rate Variation in the report is to be amended to allocate the 24.6% Special Rate Variation above the peg as follows:

· Stormwater and drainage - $5.9M

· Buildings - $6.7M

· Recreational facilities - $1.9M

· Existing footpaths - $0.94M

· New footpaths - $2.1M

· Other infrastructure upgrades - $1.7M

· St Ives Indoor Sports Centre - $1.46M

Total $20.7M

Comments

Public exhibition

Following October Council’s resolution, a revised Delivery Program and Operational Plan (DP&OP), Long Term Financial Plan (LTFP) and Asset Management Strategy (AMS) were prepared for public exhibition. These IP&R documents compared two different scenarios:

· Base Case (updated Option 1 to reflect the 4.4% rate peg determined by IPART in October), which would result in an ongoing deterioration in the quality of local infrastructure, and

· SRV of 24.6% and rate peg of 4.4%, totalling 29%, which would deliver a comprehensive and long-lasting infrastructure improvements in key asset classes. This is Council’s preferred scenario.

The exhibition was accompanied by an indicative list of projects which could be funded by the preferred rate increase, responses to FAQs, the report to the October Council meeting and attachments.

The exhibition period ran between 28 October and 25 November 2025. Council raised awareness of the revised IP&R documents and opportunities for ratepayers to lodge a submission through:

• 2,492 direct emails and 12 mailed letters sent to community members who had provided feedback on the four rate increase options between July-September 2025

• a media release sent to 60 media outlets

• an e-newsletter sent to 1,270 subscribers to Council’s YourSay portal

• Council’s fortnightly News from Ku-ring-gai e-newsletter, which was sent to 43,208 subscribers on 31 October and 43,073 subscribers on 14 November

• the Business Connections e-newsletter sent to 1,873 subscribers

• newspaper advertisements published in The Post, Sydney Observer and North Shore Times

• promotion on the Council home page

• physical copies of exhibited documents made available in Council’s libraries and the Customer Service Centre.

Community feedback received

Council received 80 submissions during the public exhibition period. In terms of submission sentiment:

· 7 had total or conditional support for the preferred rate increase

· 59 opposed the preferred rate increase

· 6 made general comments, but did not express a specific sentiment for or against the preferred rate increase.

· 8 asked questions about the rate increase process.

The sentiment expressed in the written submissions reflects the views of residents who actively participated in the exhibition stage. It is important to note that these views differ significantly from the broader community sentiment captured in the statistically representative survey and recruited workshops, which showed majority support for an SRV option.

Issues most raised in submissions were:

· Cost of living and affordability: Concerns regarding the impact of the rate increase on the cost of living and general affordability.

· Reduce expenditure as alternative to rate increase: Suggestions that Council should reduce expenditure, "live within its means," focus on "back to basics" and avoid/defer discretionary or non-essential works instead of raising rates.

· Not fully addressing community feedback: Claims that Council not fully addressed community input from the previous rate increase option engagement stage by opting for an amended Option 3.

· Past financial waste: Allegations that Council has previously wasted money (e.g. on offsite workshops, Norman Griffiths Oval, administration expenses).

Other feedback related to requests for an audit or review of finances and/or asset management, views that the rate increase required more justification, suggestions to release previous community engagement results, and site-specific actions or funding requests.

A community engagement outcomes report, covering the results of the public exhibition period is available at Attachment A1.

Following review of all submissions received, no changes are recommended to the exhibited documents or the preferred rate increase option. This recommendation is based on the following:

· Cost of living and affordability: Council commissioned an independent analysis which demonstrates overall capacity to pay the preferred increase. However, it is acknowledged that some ratepayers will find it difficult to afford an increase in living expenses. See further details in following sections of this report.

· Limited opportunities to significantly reduce expenditure: Council maintains a lean operating model. While Council has a strategic approach to cost containment and efficiency, operational savings alone would not be sufficient to address the infrastructure deficit. See further details in following sections of this report.

· Maintaining financial sustainability: The SRV is critical to address the infrastructure backlog and ensure Council’s long-term financial sustainability. Reducing the proposed rate increase would compromise Council's ability to reduce the infrastructure backlog and fail to meet community expectations for essential services.

· Robust justification: The financial need and the extent of the proposed increase were explained in detail in the LTFP and AMS and supported by extensive communications during the consultation and public exhibition process. The preferred option was informed by community research that indicates a mandate for a modest SRV that renews and enhances infrastructure.

While no amendments to the exhibited IP&R documents are required, Council is committed to responding to all submissions received. A detailed response to each of the key themes raised in submissions received is provided in Attachment A2.

The following plans are attached for Council’s approval:

· Delivery Program and Operational Plan (DP&OP) at Attachment A3.

· Long Term Financial Plan (LTFP) at Attachment A4.

· Asset Management Strategy (AMS) at Attachment A5.

Asset Management Policy

Council’s Asset Management Policy was last adopted in July 2025. This policy sets Ku-ring-gai Council’s vision, values, intentions and direction for asset management and the principles by which the organisation intends to achieve the goals set under the CSP. The policy has been revised to:

· provide a governance framework that aims to achieve ISO5500:2024 (Asset Management System)

· provide a framework to embed whole of life costing and whole of organisation decision making

· better align asset management with Council’s IP&R framework

· better allocate roles and responsibilities and introduce performance and evaluation

· reinstate oversight mechanisms to monitor performance and drive continual improvement;

· allow the organisation to be able to demonstrate and practice robust governance, planning and delivery capabilities, especially to support the management of the SRV

· show commitment to data quality improvement and potential asset management information system upgrades

· introduce performance monitoring and lifecycle costing.

It is recommended that Council adopt the revised Asset Management Policy at Attachment A6.

Asset Management Plans

As the purpose of the SRV is to fund assets, Council is required to submit specific asset management plans for each asset class in support of its application to IPART. Council has reviewed and updated each of its asset management plans. Each plan outlines community expectations, current and desired service levels, future demand and risks and an indicative 10-year list of projects. The project list will be reviewed as part of the annual IP&R and budgeting process.

It is recommended that Council adopt the following revised asset management plans:

· Road and Transport Asset Management Plan (Attachment A7).

· Footpaths Asset Management Plan (Attachment A8).

· Stormwater and Drainage Asset Management Plan (Attachment A9).

· Parks and Recreation Asset Management Plan (Attachment A10).

· Buildings Asset Management Plan (Attachment A11).

Impact on ratepayers and affordability

As outlined above, a common theme in submissions is concerns from ratepayers that they could not afford the rate increase.

The 29% increase corresponds to an estimated $499 average residential rate increase (or $9.60 per week) and an estimated $1,676 average business rate increase (or $32.23 per week) in 2026/27. In October 2025, Council considered an independent capacity to pay analysis report which found that, on balance, there is a capacity for ratepayers to pay the proposed increase. See here.

Nonetheless, it is acknowledged that some ratepayers will find it difficult to afford an increase in living expenses. In response, Council has a variety of methods to help manage financial hardship. These include flexible payment plans, interest relief, pensioner concessions, hardship application processing and debt recovery and support.

Council’s Rates, Charges and Sundry Debts - Assistance, Concessions and Recovery Policy was amended and adopted at the November 2025 meeting of Council. Under the policy, ratepayers experiencing financial hardship can apply for assistance. Applications are reviewed confidentially, in line with Council’s policy and legislative requirements. Staff will offer guidance and support through the hardship application process.

Ratepayers facing financial difficulty may request customised payment plans. Arrangements are assessed individually, with consideration given to the applicant’s circumstances and payment history. Council may also reduce or waive interest on overdue rates and charges for eligible applicants who demonstrate genuine hardship and adhere to agreed payment arrangements. As noted in the capacity to pay report considered at the October meeting, at the end of 2024/25 three ratepayers were utilising these provisions.

Statutory rebates and additional voluntary concessions are available to eligible pensioners under the policy. This includes a statutory concession of up to $250, which Council is required to provide under the Local Government Act. Council also provides an additional voluntary concession of 8.5% of total rates and charges, which is an additional $146 in 2025/26 for the average pensioner.

Furthermore, in April 2025, Council introduced a new flexible payment solution (Payble) which enables ratepayers to easily set up and manage payment plans for current and overdue rates. The platform aims to make paying rates more convenient, reduce the number of overdue accounts and lower administrative costs associated with payment processing.

Cost containment and efficiency

A large proportion of submissions expressed a view that Council should take steps to reduce expenditure to fund necessary infrastructure improvements as an alternative to a rate increase.

Under the preferred scenario, the SRV would yield an additional $20.7 million above rate peg in revenue in 2026/27 and be put towards infrastructure upgrades and renewal to reduce Council’s infrastructure backlog.

If this amount was sought through staff and service reductions, it would be equivalent to around 36% of Council’s projected employee costs in 2026/27. This would result in massive decline in maintenance and essential services, cripple compliance and administrative functions, slow customer services and delay approvals. Furthermore, it would leave Council unable to manage and deliver the infrastructure projects the savings were intended to fund.

In response to this feedback, and in support of an SRV application to IPART, Council has prepared a detailed cost containment and efficiency report (draft available at Attachment A12).

Efficiency indicators

The following metrics demonstrate the success of Council's long-standing and disciplined approach to managing costs:

· At $1,215 (in 2023/24), Ku-ring-gai's operational spending per resident was 16% lower than the Sydney average.

· Council staff served the equivalent of 309 residents per full-time equivalent (FTE) employee, which is the second-highest ratio among Sydney councils and significantly above the Sydney average of 235.

· Council's FTE numbers (411 in 2023/24) have remained stable over time, indicating a disciplined approach to workforce management and cost containment. While employee costs have risen due to award increases that Council cannot control, the average cost per employee and employee costs as a percentage of overall expenditure have remained at or below the Northern Sydney Regional Organisation of Councils (NSROC) average.

Council has a strategic approach to financial management and efficiency focused on the following five key elements:

Disciplined financial governance

Ku-ring-gai Council operates within a stringent legislative and regulatory framework that mandates responsible financial management, ensuring sustainable and cost-contained spending.

This framework legally requires councils to adhere to the principles of intergenerational equity, effective financial and asset management and operation within the IP&R framework. This requires the preparation of a Community Strategic Plan (CSP), DP&OP and an LTFP, ensuring financial decisions are strategic and align with long-term community priorities. Strict regulatory requirements also govern detailed budget preparation, maintenance of accounting records and regular budget reviews.

The annual planning process combines top-down strategic alignment with bottom-up preparation and detailed justification for all expenses. Council’s budget governance policy enforces a "find-and-fund" approach during budget reviews, meaning any additional expenditure must be offset by identified savings elsewhere.

Optimising revenue streams to lessen the burden on ratepayers

Council generates around 58% of its total income from sources other than rates. Council consistently seeks opportunities across user fees, grants and investments to increase non-rate income and minimise the financial burden on ratepayers.

Council has a strong focus on generating revenue through user fees and charges, which have increased by 16% over the last 5 years. Targeted strategies and facility improvements have driven substantial revenue growth in key areas. Notable increases (from 2020/21 to 2024/25) include:

· An 88% increase in tennis court revenue, driven by online booking implementation and facility improvements

· A 42% increase in golf course revenue, following a strategic fee review and successful membership management

· A 39% increase in revenue from the Ku-ring-gai Fitness & Aquatic Centre (KFAC) through fee reviews and program management.

Council actively manages its property portfolio to ensure market-based rents. Systematic reviews have increased annual commercial leasing returns, and the formalisation of 35 community leasing agreements has reduced lost revenue.

Council actively pursues grants for operating and capital purposes to maximise value and reduce reliance on general revenue. For example, Council has secured over $14.6 million in grant funding for traffic and road safety projects over the past 5 years.

Council's investment policy focuses on maximising returns while safeguarding capital. By actively managing its investment portfolio, Council’s returns have increased from $3.4 million in 2020/21 to $10.5 million in 2024/25, with the restricted portion directly used for new assets and non-restricted portion used to directly fund infrastructure renewal on existing assets and services.

Targeted service improvement review program

Ku-ring-gai Council provides high-quality, efficient and responsive services that continually meet the evolving needs of the community, and its Service Improvement Review Program is a crucial component of its broader cost containment and efficiency efforts. The program systematically reviews services against best practices and other councils to pinpoint inefficiencies, streamline processes and reallocate resources more effectively. The following reviews have been completed to date:

· Development assessment services: The independent review of the service affirmed that Council operates with a high level of efficiency, with staff handling a high volume of development value per FTE compared to peers. Council has streamlined its administrative processes in response to the review’s recommendations, resulting in a 32% improvement in average assessment times (from 138 days to 94 days in the 12 months to August 2025).

· Sportsfield maintenance: The external review confirmed Council's strong performance, noting it provides a significantly higher number of turf fields per resident than peers while maintaining operational costs that are among the lowest in the NSROC. Recommendations focused on long-term strategy, improving cost tracking, and reviewing fees and charges for the 2026/27 to better align with service costs and other NSROC councils.

· Communications and engagement: The independent review found the corporate communications unit operates with a leaner staffing level than benchmarked metropolitan councils. Council has since updated its Community Engagement Strategy and restructured the unit to support transition to digital channels and improve community satisfaction.

· Compliance and regulatory operations: The review found that workloads have increased in recent years without a corresponding increase in resources.

· Community development programs: Recommendations focus on strategic rebalancing to address market gaps and equity issues, adopting a more flexible cross-program staffing model, and shifting some services toward a facilitator role to mitigate financial and compliance risks.

Business improvements to reduce waste and streamline processes

As well as the formal reviews under the service improvement program, all service units are actively encouraged to look for ways to streamline processes, reduce unnecessary administration and waste, and other ways to maintain levels of service within available budgets. Innovations are a standing item on the executive and team meeting agendas and considered during business planning.

As a result of these initiatives, Council has realised savings equivalent to $7.4 million over the past 5 years, and forecasts savings of $3.8 million over the next two years (compared to the 2019/20 baseline). Council estimates that these initiatives have also freed up to 12,100 hours of administrative time per year (equivalent to around 7 FTEs). These savings are redirected into other functions and services allowing Council to maintain levels of service with minimal increase in costs.

Transparent public reporting.

Detailed performance reports are provided to Council and published every six months on operational achievements and key indicators. Key efficiency and productivity indicators tracked include operational expenses per resident, average development application determination times, capital works completion rates and the timely completion of the annual service improvement review program. Details and outcomes are published in Council’s Annual Reports.

Comparison to other Special Rate Variations

From 2018/19 to 2025/26, IPART has approved 66 SRV applications (either in part or full) and refused six applications. Given there are 128 local councils in NSW, this means that more than half of NSW’s councils have lodged an SRV application in the past eight years. These include applications from other councils in the region:

• Northern Beaches applied for 39.6% increase and was granted a 25.2% increase for the financial year 2025/26

• North Sydney applied for 87.05% increase in 2025/26. This application was refused, and the council is now considering reapplying for 2026/27

• Willoughby applied for and was granted a 15% increase for the financial year 2024/25

• Hornsby applied for and was granted a 31.05% application in the financial year 2023/24.

Analysis shows that in the past three years IPART has approved SRV applications averaging 37.2%, which is significantly higher than Ku-ring-gai Council’s recommended increase.

Next steps

It is recommended that Council adopt the revised DP&OP, LTFP, AMS, Asset Management Policy and asset management plans. These form a comprehensive suite of documents which embed the proposed 29% rate increase and asset renewal program into Council’s work for the next decade.

In accordance with these plans, it is recommended that Council resolve to apply to IPART for a 29% rate increase for 2026/27 (including a 24.6% SRV and the 4.4% approved rate peg) which will apply once in 2026/27 and then permanently stay in Council’s rate revenue base. All future years will increase by the rate peg only.

Council staff would then finalise the application forms and their attachments. In line with IPART guidelines, the General Manager is required to certify these documents before they are lodged by 2 February 2026.

After the application is lodged, it is expected that IPART will independently seek community feedback on the application in March-April 2026. After considering all the feedback received, IPART will make a decision on the application in May 2026.

If Council is successful in its application, the rate increase would apply from the first rates notice issued in July 2026.

integrated planning and reporting

Leadership and service excellence

Community Strategic Plan Strategy

Delivery Program

Term Achievement

Operational Plan

Action

A1 - Strategically plan, manage and fund public infrastructure and assets to meet the needs of the community, defined levels of service and intergenerational equity

L2: Support the long-term financial sustainability of Council through sound financial and asset management.

A1.1: Plans are in place to effectively fund public infrastructure and assets to meet the needs of a growing and changing population.

L2.1: Council takes action towards financial sustainability

L2.3.2: Review the Asset Management Strategy, policy and plans and align with Council’s infrastructure priorities.

L2.1.1: Council commences comprehensive community engagement on rate rise options described in the Long Term Financial Plan.

L2.1.3: Review the Long Term Financial Plan and identify options such as a special rate variation to maintain financial sustainability.

Governance Matters

The process for seeking an SRV and the amendment of Council's plans are governed by specific provisions of the Local Government Act 1993 and the OLG’s IP&R Framework.

Sections 508A and 508(2) of the Act outline relevant legal provisions for SRV applications. This report has considered the guidelines and advice issued by the NSW Government in relation to SRV applications, including the OLG’s Guidelines for the Preparation of an Application for a Special Variation to General Income and IPART’s 2026/27 Guidance Booklet for Councils on Special Variations: How to Apply

Sections 403 to 406 of the Act govern the IP&R framework, including the need for Councils to have a ten-year Resourcing Strategy including an LTFP and AMS, ten-year asset management plans for each asset class, a four-year Delivery Program and one-year Operational Plan. In preparing and adopting these documents, Council must follow the guidelines which are given statutory force by Section 406. Under the IP&R guidelines, the LTFP and Delivery Program must be exhibited for 28 days. There is no requirement under the IP&R guidelines for councils to exhibit the Asset Management Policy, AMS or asset management plans.

If Council was to be successful in an SRV application, it would be required to report on SRV spending in its annual report.

Risk Implication statement

The key risks that arise from recommendations in this report and related internal controls are currently recorded, described and managed within Council’s risk register.

As reported to Council in October, if Council does not progress an SRV, then ongoing deficits will mean Council would not be able to invest additional funds into asset maintenance and renewal, leading to a significant increase in Council’s infrastructure backlog and an increasing cost from temporary repairs. Council would be unable to maintain and renew existing infrastructure to meet community needs and would be unable to meet statutory finance and asset management benchmarks.

Financial Considerations

The preferred rate increase will deliver an additional $20.7 million each year for investment into infrastructure renewal and new infrastructure.

The LTFP and AMS and the draft application form consider the different financial and infrastructure outcomes which flow from the proposed SRV and a rate peg only scenario in detail.

With a SRV, Council would be able to achieve average operating surpluses of $17.3 million in the nine years from 2025/26 to 2034/35. These surpluses will be invested into infrastructure improvements, leading to an additional $197.8 million in capital expenditure over ten years.

This compares to a rate peg only scenario, which will deliver average operating deficits of $1.93 million. These deficits will result in Council being financially unable to adequately address the infrastructure backlog and costs of ongoing depreciation of assets.

Under the SRV scenario, the building and infrastructure asset ratio would stay above the 100% benchmark for all years of the LTFP. This means Council would be able to deliver a rate of asset renewal which is greater than asset depreciation. This compares to the rate peg only scenario, where this ratio would stay below the 100% benchmark from 2026/27 onwards (i.e. Council’s assets would be deteriorating at a faster rate than renewal).

The LTFP and AMS also articulate the overall and individual asset class improvements which flow from the SRV. In particular, they note that under the SRV scenario:

• The cost to bring assets to a satisfactory condition would fall by 75% from $93.65 million in 2025/26 to $23.0 million in 2034/35. This compares to a 93% increase to $181.07 million under the rate peg only scenario, over the same period.

• The cost to bring these same assets to a new condition would fall from $194 million in 2025/26 to $119.1 million, a 39% decrease. This compares to a 42% increase to $276 million in 2034/35 under the rate peg only scenario, over the same period.

The AMS also compares the infrastructure backlog changes for several key asset classes due to the SRV. This includes confirming that, under the SRV scenario, there will be reductions in both infrastructure backlog metrics (cost to bring to satisfactory condition and cost to bring to new condition) for footpaths, stormwater and buildings, while the backlog figures will remain stable for recreational facilities. This compares to a significant increase in both backlog metrics for all the above asset classes under the rate peg only scenario.

Social Considerations

As reported to Council in October, additional investment in new and upgraded infrastructure under an SRV would deliver a range of social benefits for the Ku-ring-gai community, including the following:

· Improved recreational facilities and the St Ives Indoor Sports Centre would enhance opportunities for indoor and outdoor sport and physical activity

· Improved community buildings would be safer, more accessible for people with mobility limitations and provide greater opportunities for community members to connect and take part social activities.

· Improved footpaths would promote walkability for safe and easy access to local shops, services and public transport and reduce trip hazards and risk of injury.

· Pedestrian and traffic safety improvements (e.g. crossings, turn bays) would improve walkability, reduce accidents and improve access to bus stops.

· Increased investment in infrastructure would support the local economy through job creation and the use of local suppliers for construction and renewal projects.

However, Council acknowledges it has a role mitigating the financial impact of a rate increase for those experiencing hardship.

Environmental Considerations

As reported to Council in October, additional investment in new and upgraded infrastructure under an SRV will support environmental outcomes, including the following:

· Stormwater and drainage upgrades reduce local flooding and property damage while also mitigating erosion and pollution runoff into local creeks and waterways.

· Investment in water recycling and irrigation improvements at recreational facilities.

· More energy-efficient community buildings will reduce energy consumption and greenhouse gas emissions.

· New and improved footpaths and pedestrian safety improvements will encourage walking and active transport.

Community Consultation

The report provides an overview of community consultation undertaken on the revised Delivery Program, LTFP and AMS. See detailed community engagement outcomes in Attachment A1 and response to submissions at Attachment A3. Since July 2025, Council has undertaken comprehensive engagement on Council’s infrastructure needs and proposals for an SRV. This has included:

• Sending letters and brochures to all 44,766 ratepayers

• 183,256 emails sent to community members and ratepayers

• Surveying 4,915 community members

• Six engagement events with 151 community members

• Receiving and considering 654 submissions in total.

If Council was to apply for a SRV, then IPART would undertake its own consultation process on Council’s application between March-April 2025. Council would have no formal involvement in this engagement process.

In addition, if Council does apply, IPART’s guidelines require Council to publish the application and all its attachments on Council’s website as soon as possible after lodgement. Council would fulfill this requirement. Furthermore, if the SRV is approved, Council would prepare a detailed communications plan to accompany the release of July rate notices, to again inform community members why their rates have changed and how the increase would be spent, and to guide future communication of projects related to the SRV.

Internal Consultation

Extensive internal consultation was undertaken on the response to community feedback on the revised IP&R documents, including by the Finance, Governance and Corporate Strategy, Assets and Technical Services and Corporate Communications teams.

Over the course of the SRV project, financial challenges, options and funding priorities have been workshopped with Councillors. Councillors have been invited to consultation events and briefed on consultation outcomes throughout the process.

Summary

The SRV project dates to early 2023, when Council commissioned an independent financial sustainability review which recommended Council consider a rate rise to fund increasing asset maintenance costs. Council undertook extensive community consultation into a potential SRV from July-November 2025.

It is recommended that Council proceed with an application for a 29% rate increase (including a 24.6% SRV and a 4.4% approved rate peg) to commence in 2026/27.

If approved, the increased revenue will result in a vastly improved infrastructure outcome for Ku-ring-gai. The current, relatively poor quality of local infrastructure is inconsistent with Ku-ring-gai's status as one of Sydney’s most desirable areas. Specific infrastructure deficiencies include:

· Lack of footpaths on many streets.

· Inaccessible, unsightly and unsafe public buildings.

· Run-down parks and sporting facilities.

· Unfunded traffic and pedestrian safety upgrades.

· Substandard bus stops lacking disabled access or weather cover.

· Degraded or non-existent stormwater systems leading to localised flooding and damaged road surfaces.

Tackling this significant infrastructure backlog requires more than $200 million in funding over the next decade alone. This funding gap cannot be met through operational cuts or alternative revenue sources alone.

As such, it is recommended that Council progress with the proposed SRV, which will also have the benefit of providing a funding source for the regionally-significant recreational facility at St Ives Indoor Sports Centre.

Recommendation:

That Council:

A. adopt the revised Delivery Program 2025-2029 and Operational Plan 2025-2026, Long Term Financial Plan 2025-2035 and Asset Management Strategy 2025-2035 as attached

B. adopt the updated Asset Management Policy as attached

C. adopt the updated Asset Management Plans as attached

C. approve for Council to apply to the Independent Pricing and Regulatory Tribunal (IPART) for a Special Rate Variation (SRV) of 24.6% to begin from 1 July 2026 which, when combined with the confirmed 4.4% rate peg, will result in a 29% rate revenue increase in 2026/27, with rates to increase in line with the rate peg in future years.

Angela Apostol

Director Corporate

Peter Lichaa

Director Operations

Attachments:	A1⇩	Community Engagement Outcomes Report	2025/364881
	A2⇩	Responses to submissions received during public exhibition period	2025/368599
	A3⇩	Delivery Program 2025-2029 and Operational Plan 2025-2026 (Revised)	2025/358833
	A4 ⇩	Long Term Financial Plan 2025-2035 (revised)	2025/398455
	A5 ⇩	Asset Management Strategy 2025-2035 (revised)	2025/359018
	A6 ⇩	Asset Management Policy	2025/298410
	A7 ⇩	Asset Management Plan - Road and Transport Assets	2025/374117
	A8 ⇩	Asset Management Plan - Footpaths	2025/374116
	A9 ⇩	Asset Management Plan - Stormwater and Drainage	2025/374118
	A10 ⇩	Asset Management Plan - Parks and Recreational Assets	2025/374120
	A11 ⇩	Asset Management Plan - Buildings Assets	2025/374119
	A12 ⇩	Cost Containment and Efficiency Report (Draft)	2025/398424

Ordinary Meeting of Council - 16 December 2025	GB.10 / 1

Item GB.10	S03881

Sportsfields Booking Policy and Sportsfield Closure Policy

EXECUTIVE SUMMARY

purpose of report:	For Council to adopt the Sportsfields Booking Policy and Sportsfields Closure Policy following community consultation.

background:	The use and management of Sportsfields is important to the community and other users both from an allocation and access perspective.

comments:	These policies will assist in the sustainable management of Council’s sportsfields in consideration of all users.

recommendation: (Refer to the full Recommendation at the end of this report)	That Council adopts the Sportsfields Booking Policy and Sportsfields Closure Policy as attached to this report.

Purpose of Report

For Council to adopt the Sportsfields Booking Policy and Sportsfields Closure Policy following community consultation.

Background

The use and management of sportsfields has become an increasingly important issue for Council to manage as sporting numbers increase and sporting user groups diversify. Equitable access to sportsfields and associated facilities while managing appropriate impacts would benefit from a formalised approach.

While the Generic Sportsground Plan of Management provides an overarching framework for the requirements, conditions and use of the land, it is considered a more specific policy is required to prescribe a process for the appropriate allocation to user groups for seasonal, permanent and casual hirers.

There is no existing Sportsfield Booking Policy, this will be Council’s first such policy. Previously, conditions of use and historical practices have been used to determine bookings.

The existing Wet Weather Policy has been reviewed and is now proposed to be a Sportsfields Closure Policy which addresses closures that may be required for reasons other than just wet weather. It incorporates improvements that have been made to notification of closures to user groups and the general public.

At the Ordinary Meeting of Council on 22 July 2025, Council resolved to put the draft policies out to community consultation for a period of 28 days.

Comments

The development of these policies has included the review of internal processes and of other Councils’ processes and policies in relation to the booking of sportsfields and sportsfield closures. These policies will assist in the sustainable management of Council’s sportsfields in consideration of all users.

Sportsfields Booking Policy

The intent of the new proposed Sportsfields Booking Policy is to:

“Provide equitable access and safe playing conditions for users whilst sustainably managing available Sporting Fields.”

This policy would apply to all hirers wishing to use sporting fields in Ku-ring-gai on either a casual, seasonal, or permanent hire basis.

Objectives of the Sportsfields Booking Policy are to:

· Ensure Council has the capacity to provide safe playing fields for the community.

· Provide the opportunity for a diverse range of recreation activities for sporting user groups.

· Support the outcomes prescribed in Council’s Plan of Management for Sportsgrounds with reference to appropriate use.

· Establish timeframes for seasonal allocation and specify where sportsfields will not be available due to annual season changeover and renovation periods as well as other scheduled maintenance or capital works activities are undertaken.

· Provide a hierarchy for booking approvals.

Sportsfields Closure Policy

The Sportsfields Closure Policy is intended to apply in situations where Council’s sportsfields are impacted by adverse weather (wet or dry) and to assist in guiding the decision to play or train on sportsfields to prevent damage to the playing surface and provide a safe surface for use.

The emphasis of the current policy is closure due to wet weather and the process followed to make these decisions. The existing process allows Council to decide to close a field during the week and leaves the decision to close a field to the Club or Association that has booked the field for weekend use based on Council’s recommendation on a Friday. Historically, there has been conjecture over this point, and it has become increasingly difficult to manage the expectations of users versus the condition of sportsfields, recovery and management of a large number of users and teams by associations and clubs.

Objectives of the new proposed Sportsfields Closure Policy are to:

· Ensure Council has the capacity to provide safe sportsfields for the community.

· Provide a process for assessing the suitability of sportsfields for play when impacted by adverse weather

· Provide a transparent process for all users and stakeholders to make decisions.

· Support the outcomes prescribed in Council’s Plan of Management for Sportsgrounds with reference to appropriate use.

· Determine ground closures including what areas and for what period the sportsfield is to be closed.

integrated planning and reporting

Outcome 3: Infrastructure and assets support community needs

Community Strategic Plan

Strategy

Delivery Program

Term Achievement

Operational Plan

Action

A2: Provide, upgrade and maintain open space, recreation and sporting facilities to meet the needs of current and future user groups and a growing population.

A2.1: A program is implemented to provide, improve and maintain open space, recreation and sporting facilities including multi-use facilities.

A2.2: Partnerships with community groups and organisations assist to optimise the availability and use of open space, recreation and sporting facilities.

A2.1.2: Maintain existing recreation and sporting facilities in accordance with the Asset Management Plan.

A2.1.3: Actively engage with sporting organisations and clubs, user groups and residents during the preparation of plans, policies and strategies for sport and recreation.

Governance Matters

The Sportsfields Bookings Policy is a new policy and as such will be saved to the policy register and require regular updates.

The Sportsfields Closure Policy will replace the existing Wet Weather Policy and will be saved to the policy register and require regular updates.

Risk Implication statement

There are no material risks that arise from the recommendations contained in this report. Minor issues may occur, but these can be managed within Council’s current policies, procedures, resources and budget.

Financial Considerations

There are no costs associated with the development of these policies.

Council’s approved Fees and Charges are utilised for the implementation of the policy.

Social Considerations

The establishment and update of these policies will allow for more structured and fair access to sportsfields for all users and set out guidelines for sportsfield closures.

Access to sportsfields is considered to be a significant social benefit for the community.

Environmental Considerations

There are no environmental considerations associated with either of these policies.

Community Consultation

Consultation for both policies commenced at the Annual Sports Forum in July 2024. From the feedback at the Sports Forum, it was considered that the existing process for Council to close fields during the week and clubs and associations to make the decisions on the weekend should remain unchanged. It was considered that the existing process of communication of closures was working well and supported by the user groups. The Draft Policy was updated to reflect these considerations. All those in attendance were advised of the pending consultation period and the process for providing comments.

At the Ordinary Meeting of Council on 22 July 2025, Council resolved to put the draft policies out to community consultation for a period of 28 days and both policies were put out to community consultation through Council’s “Your Say” page on our website and Council’s eNews.

There were three (3) submissions received during the consultation period one (1) relating to the Sportsfields Booking Policy and two (2) relating to the Sportsfields Closure Policy.

The comments received are summarized below:

Policy	Commentor	Summary of concerns
Sportsfields Bookings Policy	Northern Suburbs Football Association	Concerns relate to the Definition of a Community Sporting Group or Association, specifically that the definition should include that the group or association should be affiliated with the official State or Federal body for that sport. In addition, the concerns relate to the group or association being able to prove that a large percentage of their membership lives within the Ku-ring-gai LGA. Other comments not related to the policy will be responded to separately.
Sportsfields Closure Policy	Northern Suburbs Football Association	Concerns relate to periods where sportsfields may be closed for extended periods and the calculation of a fee seasonal hire. Other comments not related to the policy will be responded to separately.
Sportsfields Closure Policy	Hamish Gillespie-Jones (FCPA)	Concerns relate to the amount wet weather closures and the belief that there should be less closures and play allowed to proceed, especially for Rugby Union. Other comments not related to the policy will be responded to separately.

Review of comments: Sportsfields Booking Policy

After reviewing the comments received, the definition for Community sporting group or association: “A group that provides benefit to the community on a non-profit basis to be evidenced by the group’s constitution, legal status and recent annual report”, is considered to be appropriate and it is not considered that any changes to the draft policy are required.

A review of the requirements for affiliation with a peak sporting body was undertaken and it was found that the requirements could exclude some local community sporting groups that are not currently affiliated and could prevent the continuation of some existing bookings and/or competitions.

Other comments received in relation to this policy relating to the amount of members within Ku-ring-gai LGA were not considered to be suitable for inclusion within the policy as it is possible for some sports to still be considered a community sporting group or association while traversing LGA boundaries and this should not impact on their access to facilities at a community rate.

Review of Comments: Sportsfields Closure Policy

After reviewing the comments received in relation to the Sportsfields Closure Policy, it is not considered that any changes to the draft policy are required.

The existing arrangements for the calculation of seasonal hire rates have been in place for some time and consultation around the potential to increase seasonal hire rates to allow for wet weather refunds was not supported when put to the 2024 Annual Sports Forum. While it is acknowledged that wet weather refunds do not apply for seasonal hire, there are other benefits that seasonal hirers receive that include no charge for non use of floodlights during wet weather or any other closure.

Comments received in relation to the amount of closures during wet weather are noted however, the condition of the surface and the minimisation of damage due to use during wet weather are considered more important than allowing play to occur at the risk of the sportsfield not being able to be used for weeks following.

Internal Consultation

Consultation on both policies has been undertaken internally with relevant staff from the Strategy and Environment, Community and Operations departments.

Summary

Following internal and community consultation, it is considered that the policies as previously reported to Council and as consulted to the community, remain unchanged and are adopted.

It is important to note that there has never been a Sportsfield Bookings Policy in place and the adoption of this policy will provide the basis for further policy development in this area, which could include expanding the policy to include other bookable activities in the future and the opportunity to better manage all defined hirers within a bookings hierarchy.

A copy of the policy, as previously reported, can be found in Attachment A1.

A copy of the policy, as previously reported, can be found in Attachment A2.

Recommendation:

That Council adopts the Sportsfields Booking Policy and Sportsfields Closure Policy as attached to this report.

Matthew Drago

Manager Infrastructure Services

Attachments:	A1⇩	DRAFT Sportsfields Booking Policy post community consultation		2025/299063
	A2⇩	DRAFT Controlled Document Number 223 - Sportsfields Closure Policy - Version 1 - Post Consultation		2025/302147

Ordinary Meeting of Council - 16 December 2025	GB.12 / 1

Item GB.12	CY00022/17

Local Transport Forum - Decision Making Framework and Associated Delegations

EXECUTIVE SUMMARY

purpose of report:	The purpose of this report is to present to Council a governance and monitoring framework for the proposed Local Traffic Forum (LTF).

background:	At the Ordinary Meeting of Council on 21 October 2025, Council considered Item GB.1 and resolved in part for a report to be presented to Council on a possible governance and monitoring framework for the proposed Local Traffic Forum (LTF).

comments:	The proposed measures clarify the advisory role of the LTF, establish a tiered decision-making framework, enhance transparency through timely publication of agendas and decisions, introduce a quarterly network-impacts dashboard for monitoring outcomes, and provide for a 12-month review to assess effectiveness and identify improvements.

recommendation: (Refer to the full Recommendation at the end of this report)	That Council approve the recommendations A to E of this report.

Purpose of Report

The purpose of this report is to present to Council a governance and monitoring framework for the proposed Local Traffic Forum (LTF).

Background

At the Ordinary Meeting of Council on 21 October 2025, Council considered Item GB.1 and resolved the following:

A. That Council receive and note the Ku-ring-gai Traffic Committee Minutes from 27 August 2025.

B. That Council approves the recommendations of the Ku-ring-gai Traffic Committee.

C. That Council adopt TfNSW’s new Authorisation and Delegation to Council and implement the transition from the Local Traffic Committee (LTC) model to the new Local Transport Forum (LTF) framework.

D. That Council establish the Local Transport Forum (LTF) as an advisory forum only and confirm that all decisions to regulate traffic or install prescribed traffic control devices under the 2025 Instrument on local roads are reserved to Council unless expressly delegated. Council will consider LTF advice before determining any such matter. This reflects TfNSW’s 2025 Instrument and guidance.

E. That Council staff prepare a tiered decision-making framework and associated delegations, identifying those matters to be reserved to Council and those to be delegated to the General Manager, and incorporate this framework into the Local Transport Forum Terms of Reference. The draft framework and delegations are to be reported to Council for consideration and final determination by December 2025.

F. That LTF agendas, minutes and officer determinations under delegation be published on Council’s website within 10 business days, with a plain-English decision note and plans.

G. In line with part E, that the General Manager consider and report back on establishing a quarterly network-impacts dashboard to Councillors summarising delegated decisions, observed traffic and safety outcomes, and any Statements of Concern issued by TfNSW; and,

H. That a review of the implementation and effectiveness of Recommendations D to G be undertaken twelve-months following their commencement, with the LTF to consider the outcomes of that review and provide advice to Council on any amendments or improvements deemed appropriate.

Parts A, B, and C of the resolution above have been previously adopted by Council. Therefore, this report addresses parts D-H of the resolution.

Comments

Recommendation Part D

That Council establish the Local Transport Forum (LTF) as an advisory forum only and confirm that all decisions to regulate traffic or install prescribed traffic control devices under the 2025 Instrument on local roads are reserved to Council unless expressly delegated. Council will consider LTF advice before determining any such matter. This reflects TfNSW’s 2025 Instrument and guidance.

The inclusion of this ensures clarity regarding the governance framework for the LTF under Transport for NSW’s (TfNSW) 2025 Authorisation and Delegation Instrument. While the Instrument transfers significant powers to Council, it also specifies that the LTF is an advisory body only and does not have decision-making authority. This recommendation confirms that all decisions to regulate traffic or install prescribed traffic control devices on local roads remain reserved to Council unless expressly delegated.

By adopting this approach, Council:

· aligns with TfNSW guidance that the LTF provides technical advice and coordination but does not issue approvals;

· maintains accountability and transparency by ensuring decisions are made by the elected body or its authorised delegate;

· provides certainty to stakeholders that advice from the LTF will be considered but is not binding, and

· supports compliance with the Instrument, which requires Council to retain ultimate responsibility for traffic regulation and prescribed devices.

This governance position will be reflected in the updated Terms of Reference for the LTF.

Recommendation Part E

That Council staff prepare a tiered decision-making framework and associated delegations, identifying those matters to be reserved to Council and those to be delegated to the General Manager, and incorporate this framework into the Local Transport Forum Terms of Reference. The draft framework and delegations are to be reported to Council for consideration and final determination by December 2025.

This Recommendation builds on Recommendation D by providing a structured approach to decision making under the 2025 Authorisation and Delegation Instrument. While Recommendation D confirms that all decisions remain reserved to Council unless expressly delegated, Recommendation E requires the development of a tiered framework to clearly define which matters should be determined by Council and which can be delegated to the General Manager (or their sub-delegate as approved under Council’s internal schedule of delegations).

A tiered decision-making framework and associated delegations for traffic regulation and Prescribed Traffic Control Devices (PTCD) have been prepared, including a flow chart illustrating the approval process and a detailed list of PTCD types with corresponding delegations. These are provided in Attachments A1 and A2 to this report. Incorporating these into the LTF Terms of Reference in Attachment A3 will provide clarity on roles and responsibilities, support compliance with TfNSW’s 2025 Authorisation and Delegation Instrument, efficient operational decision making and compliance with governance requirements.

Recommendation Part F

That LTF agendas, minutes and officer determinations under delegation be published on Council’s website within 10 business days, with a plain-English decision note and plans.

This Recommendation will be implemented.

Recommendation Part G

In line with part E, that the General Manager consider and report back on establishing a quarterly network-impacts dashboard to Councillors summarising delegated decisions, observed traffic and safety outcomes, and any Statements of Concern issued by TfNSW.

A suitable dashboard is being developed and will be presented to the LTF in early 2026 for consideration and then to Council for adoption.

Recommendation Part H

That a review of the implementation and effectiveness of Recommendations D to G be undertaken twelve-months following their commencement, with the LTF to consider the outcomes of that review and provide advice to Council on any amendments or improvements deemed appropriate.

A 12-month review will be undertaken and presented to the LTF to review the findings and provide advice to Council on any amendments or improvements deemed appropriate.

Governance Matters

Council decisions regarding traffic related decisions and actions are governed primarily by the Local Government Act 1993 (NSW), the Roads Act 1993 (NSW) and the powers granted through the TfNSW 2025 Instrument.

The Instrument transfers powers for the regulation of traffic and the installation of prescribed traffic control devices (PTCD) on local roads from TfNSW to Council. In accordance with the TfNSW Instrument and resolution of Council on 21 October 2025 (ref: GB.1), final decisions remain with Council unless expressly delegated to the General Manager (or their sub-delegate as approved under Council’s internal schedule of delegations). This is formalised through the tiered decision-making framework in the draft Terms of Reference for the LTF.

Risk Implication statement

There are no material risks that arise from the recommendations contained in this report.

Community Consultation

There is no community consultation associated with this report.

Internal Consultation

The LTF includes Councillors and is facilitated by Council staff and Councillors. Where relevant, consultation with other departments has occurred.

Summary

This report addresses Council’s Resolution of GB.1 from the Ordinary Meeting of Council on 21 October 2025 concerning governance arrangements for the LTF under TfNSW’s 2025 Authorisation and Delegation Instrument.

It proposes confirming the LTF as an advisory body, adopting a tiered decision-making framework with clear delegations, publishing LTF agendas and decisions online for transparency, introducing a quarterly dashboard to monitor traffic and safety outcomes, and conducting a 12-month review to assess effectiveness. These measures aim to strengthen governance, accountability, and informed decision-making in local traffic management.

Recommendation:

That:

A. The Local Transport Forum (LTF) be established as an advisory forum only and confirm that all decisions to regulate traffic or install Prescribed Traffic Control Devices (PTCD) under the TfNSW’s 2025 Authorisation and Delegation Instrument on local roads are reserved to Council unless expressly delegated.

B. The tiered decision-making framework and associated delegations for regulating traffic and installing Prescribed Traffic Control Devices (PTCD) as detailed in Attachments A1 and A2 of this report and as incorporated into the LTF Terms of Reference in Attachment A3 be implemented. Council notes that this framework clearly identifies matters reserved to Council and those delegated to the General Manager or other designated officer, ensuring compliance with TfNSW’s 2025 Authorisation and Delegation Instrument.

C. The Local Traffic Forum agendas, minutes, and any officer determinations made under delegation be published on Council’s website within 10 business days of the meeting or determination, accompanied by a plain-English decision note and relevant plans.

D. A quarterly network impacts dashboard for Councillors, summarising delegated decisions, observed traffic and safety outcomes, and any Statements of Concern issued by TfNSW, be developed and presented to the Local Traffic Forum in early 2026 for consideration and then to Council for approval.

E. Arrangements be made for a review of the implementation and effectiveness of the Parts A-D of this recommendation twelve months after their commencement, with the outcomes of the review to be considered by the Local Traffic Forum and reported to Council together with any recommended amendments or improvements for Council’s determination.

Deva Thevaraja

Manager Traffic and Transport

Attachments:	A1⇩	Approval Process - Prescribed Traffic Control Devices (PTCD) - Final	2025/397124
	A2⇩	List of Prescribed Traffic Devices	2025/397266
	A3⇩	Draft ToR Ku-ring-gai Local Transport Forum 28.11.25	2025/397731

Ordinary Meeting of Council - 16 December 2025	GB.17 / 1

Item GB.17	S14501

Planning Proposal 77 Kulgoa Rd Pymble - Post Exhibition

EXECUTIVE SUMMARY

purpose of report:	For Council to consider submissions made in response to the exhibition of a Planning Proposal to rezone 77 Kulgoa Road, Pymble, consistent with adjoining R2 Low Density Residential zoned land.

background:	A Gateway Determination was received from the Department of Planning, Housing and Infrastructure on 2 September 2025, which determined the Planning Proposal should proceed subject to a minor amendment. Exhibition was set for a minimum of 10 working days.

comments:	The Planning Proposal was exhibited for 18 days between 26 September and 13 October 2025. Four submissions were received from surrounding property owners raising some concerns with elements of the proposal. All concerns have either been addressed as part of this report or will be considered in detail as part of any future Development Application (DA).

recommendation: (Refer to the full Recommendation at the end of this report)	That Council resolve to proceed with the finalisation of the Planning Proposal to rezone 77 Kulgoa Road, Pymble C4 Environmental Living to R2 Low Density Residential in accordance with the conditions of the Gateway Determination.

Purpose of Report

For Council to consider submissions made in response to the exhibition of a Planning Proposal to rezone 77 Kulgoa Road, Pymble, consistent with adjoining R2 Low Density Residential zoned land.

Background

Site Description and Local Context

The site that is the subject of this Planning Proposal is 77 Kulgoa Road, Pymble (Lot 4, DP29244). The site is a battle-axe block, which has a frontage of 4.6m to Kulgoa Road. The access handle is approximately 50m long. The main portion of the site is generally rectangular in shape. The site has a total area of 2555sqm.

The site is currently zoned C4 Environmental Living under KLEP 2015 and contains a part one/part two storey dwelling house with detached garage. The site also contains ancillary structures including a swimming pool adjoining the house and a tennis court located on the eastern portion of the site.

The portion of the site developed with the dwelling, garage and ancillary swimming pool and tennis court is relatively flat. From the eastern boundary of the tennis court the site falls steeply to the north-east.

The perimeter of the site is vegetated with a mixture of native and exotic trees. Remnant Sydney Turpentine Ironbark Forest (Critically Endangered Ecological Community) canopy trees are located along the northern and eastern boundaries of the site. The subject site is mapped as containing Biodiversity on the KLEP 2015 Biodiversity Map and mapped as Support for Core Biodiversity Lands and Biodiversity Corridor and Buffer on the KDCP Greenweb map. The subject site is not mapped as containing bushfire prone land.

Image: Aerial 77 Kulgoa Road, Pymble

KLEP 2015 Biodiversity Mapping Extract

KDCP Greenweb Mapping

Support for Core Biodiversity Lands

Biodiversity corridors and buffer

Adjacent to the northern boundary of the site are two long, narrow pieces of land comprising:

· an easement for water supply, zoned SP2 Infrastructure; and

· the Vista Street Bushland Reserve zoned C2 Environmental Conservation and owned by Ku-ring-gai Council.

The other surrounding sites are all residential, with those sites adjoining the water supply easement and Bushland Reserve being zoned C4 Environmental Living, and all others being zoned R2 Low Density Residential.

Image – Zoning Map Extract 77 Kulgoa Road Pymble and surrounding sites

The Planning Proposal

The Planning Proposal seeks to amend the Ku-ring-gai Local Environmental Plan 2015 to rezone the site from C4 Environmental Living to R2 Low Density Residential and amend the development standards applying to the site as follows:

KLEP 2015 – Zoning and Development Standards – 77 Kulgoa Road, Pymble
	Existing	Proposed
Zoning	C4 Environmental Living	R2 Low Density Residential
Floor Space Ratio	0.2:1 (mapped) 0.24:1 (Clause 4.3(2D)	0.3:1
Minimum Lot Size	1500sqm	930sqm

The intended outcome of the Planning Proposal is to rezone the subject site and reduce the minimum lot size so that the site may be subdivided into two lots of approximately 1168sqm and 1391sqm in area.

The subject site is in the same ownership as the adjoining battleaxe lot, 73 Kulgoa Road which is zoned R2 Low Density Residential

Chronology of Assessment

The Planning Proposal was considered by the Ku-ring-gai local Planning Panel (KLPP) on 17 February 2025. The KLPP resolved to recommend that the Planning Proposal be submitted to the Department of Planning, Housing and Infrastructure (DPHI) for a Gateway Determination.

The Planning Proposal was considered by Council at its 18 March Ordinary Meeting. Council resolved the matter be deferred for a site inspection. The Planning Proposal was reconsidered at Council’s 15 April meeting. Council resolved the Planning Proposal proceed to DPHI for a Gateway Determination contingent on amendments.

The Planning Proposal was amended in accordance with Council’s resolution of the 15 April 2025 OMC and was submitted to DPHI a Gateway on 7 August 2025.

The Gateway Determination was received on 2 September 2025 (Attachment A1), which determined the Planning Proposal should proceed subject to a minor amendment and an exhibition period of 10 working days. The proposal was exhibited between Friday 26 September and Monday 13 October 2025.

The final Planning Proposal placed on exhibition in accordance with the Gateway Determination is included at Attachment A2.

Comments

Public Exhibition

The Planning Proposal was exhibited from Friday 26 September to Monday 13 October 2025. A total of four (4) submissions were received from surrounding property owners. Submissions generally raised concerns around the impacts of future development on the site, many of which are not relevant to the Planning Proposal and would be considered in detail as part of any future Development Application (DA). Concerns relating specifically to the Planning Proposal have been addressed below.

The submissions have been summarised and are included at Attachment A3, with an overview provided below.

The proponent has provided a response to the submissions, see Attachment A4.

Submissions and Comments

Notification Period

Several submissions raised concern the notification period was too short and coincided with a school holiday period.

The notification period was conducted in accordance with the requirements of the Ku-ring-gai Community Participation Plan and the Gateway Determination in accordance with the Environmental Planning and Assessment Act 1979. There are no requirements for notification periods to avoid school holiday periods during the year. The Ministerial Statement of Planning Expectations places limits on the time available for Council to process Planning Proposals and other statutory planning procedures.

Submission 1

· Identifies local amenity, site access, site servicing, site/slope stability and environmental impacts resulting from future development on the subject site.

Ø Response:

These impacts will be assessed in detail as part of any future Development Application (DA) and are out of scope of the Planning Proposal. Indicative dwelling footprint and stormwater plans were submitted with the Planning Proposal to show the lot was capable of development for the purposes of low density residential.

Any future development will be required to comply with the existing biodiversity protections of the KLEP, KDCP and CEEC. Future low density residential development should be manageable on the site, noting the main biodiversity assets are located towards the boundaries of the site

Ø Recommendation

No change

Submission 2

· Identifies privacy and site stability impacts resulting from future development on the subject site.

Ø Response:

Impacts including privacy and site/slope stability are issues that will be assessed as part of any future Development Application (DA).

Ø Recommendation

No change

Submission 3

· Questions the strategic merit of the Planning Proposal and suggests the rezoning will set a precedent for other sites to rezone from C4 Environmental Living to R2 Low Density Residential.

Ø Response:

Matters taken into consideration when determining whether to zone land as C4 Environmental Living are set out in page 64 (Section 9.1) of the Ku-ring-gai Biodiversity and Riparian Lands Study (v5). The C4 Environmental Living zoning has been applied where a combination of ecological values and risks support greater restrictions on land uses and development. The Planning Proposal has involved a detailed, ground-truthed assessment of the site at 77 Kulgoa Rd, including an Arboricultural Impact Assessment and Ecological Assessment and a review of the criteria used to justify the original application of the C4 Environmental Living zone.

During the preparation of the Ku-ring-gai Local Environmental Plan 2015 the C4 Environmental Living zone was applied to areas ‘where a combination of ecological values and risks support greater restrictions on land uses and development’. At the time that the KLEP 2015 was prepared, the subject site was mapped as containing both biodiversity values relating to the remnant Blue Gum High Forest / Sydney Turpentine Ironbark Forest and as being Bushfire Prone Land category 1. As a result of these factors, the site was zoned C4 Environmental Living.

Subsequent to the C4 Environmental Living being put in place in 2015, Council’s Bushfire Prone Land Map was updated in 2017. As part of this update, the subject site was not identified as bushfire prone land. The Bushfire Prone Land Map was again updated in 2024, which resulted in further retreat of the bushfire prone land mapping in the surrounding area.

The latest version of the guideline gives details of how vegetation (hazard) is assessed in terms of being/not being an area of Bush Fire Prone Land. The vegetation exclusion ‘rules’ have assisted in refining the mapping – in terms of actual hazard. Given the current mapping attributes on the site and the lack of a ‘combination’ of environmental values and risks, it is reasonable to consider the proposed R2 Low Density Residential zone appropriate, consistent with the zoning of the adjoining battle axe site 73 Kulgoa Road Pymble.

In the case of 77 Kulgoa Road, Pymble the bushland tracts of Dalyrmple-Hay Nature Reserve (to the north) and High Ridge Creek Reserve (to the southeast) are the nearest defined Category 1 and 2 hazard areas and with the latest exclusion guidelines, smaller vegetation remnants and narrow corridors are now not included as Bush Fire Prone Land.

Many of the neighbouring lots along Kulgoa Rd and Bristol Ave also include Riparian Land and Endangered Ecological Community remnants – this combination would support retention of the current C4 Environmental Living zone in any broad review. Any reconsideration of the zoning on the adjoining C4 sites would require a detailed assessment via a Planning Proposal.

· Concerned about the impacts of future development on surrounding trees and flood patterns.

Ø Response:

An indicative dwelling footprint was provided and assessed as part of the Planning Proposal which demonstrated development for the purposes of low density residential is achievable on the site. Environmental Impacts resulting from future development will be assessed in detail as part of any future Development Application (DA).

Impacts of future development on trees and flood patterns will be assessed as part of any future Development Application (DA).

Ø Recommendation

No change

Submission 4

· Identifies amenity, traffic generation and waste impacts resulting from future development on the subject site.

Ø Response:

Impacts including loss of amenity, traffic generation and collection of waste are issues that will be assessed as part of any future DA.

Ø Recommendation

No change

Proponent Response to Submissions

In accordance with the DPHI Local Environmental Plan Making Guideline (August 2023) all community and State Agency submissions made to the exhibition of the Planning Proposal were provided to the proponent to give “the proponent the opportunity to address or redress issues raised in submissions, including amendments to the proposal”.

The proponent provided their response to the submissions on 6 November 2025. The response may be viewed at Attachment A4.

The proponent provided detailed comments addressing all issues raised in the community submissions and are generally consistent with Council’s assessment and comments provided above.

Strategic Merit

The proponent provided the following response:

“This is case specific and a reasonable proposal based on the circumstances of the site and the ability of the property to provide for sustainable housing increases, in character with the prevailing R2 zone along Kulgoa Road.

The supporting details provide a concept assessment of how the R2 density could be set out to be consistent with the area character and to protect the environment. There is sufficient space and opportunity presented to support R2. The subject site is currently spacious and is altered and can accommodate R2 low density in a sustainable way, to be consistent with the low density area character. The finding is that peripheral trees and forest can be protected, the space and terraced topography can accommodate building footprints. The site is not bushfire prone.

In the absence of environmental constraints, it is considered a reasonable outcome that this land should be included to meet housing needs for Ku-ring-gai to utilise available and unconstrained land efficiently in line with planning objectives. This is a site in a well located area to transport, services and employment. The proposed rezoning would allocate well located and available land in a considered, low scale and low impact way.

This is case specific and can occur as a private, small scale and contained proposal, therefore would not be considered to be applied more broadly across the LGA.”

The proponent’s comments also identify rezoning the site as being the most orderly and logical approach to achieve the desired outcomes. The Planning Proposal process has facilitated a rigorous review of the site conditions and its capacity to accommodate the R2 Low density residential zoning. Based on this assessment, Council staff are of the opinion that the site has strategic and site-specific merit for the proposed zoning.

Matters to be considered at Development Application Stage.

The proponent acknowledges that many of the concerns raised in the submissions will be addressed in detail at the DA stage, consistent with Council’s comments.

Post Exhibition Amendments

All issues raised in submissions have been addressed above and in detail in the Submission Summary Table at Attachment A1.

The submissions did not raise any issues that would require any further amendments to the Planning Proposal. The Planning Proposal should proceed in its current form.

integrated planning and reporting

Theme 2: Sustainable Urban Growth and Change.

Community Strategic Plan Strategy

Delivery Program

Term Achievement

Operational Plan

Action

Facilitate a diverse mix of housing options to accommodate the needs of a growing and changing population, including increased density in appropriate locations.

Planning for housing is responsive and addresses the supply, choice, adaptability and affordability needs of the community and the changing population.

Monitor and process proponent led and Council’s planning proposals for additional housing.

Governance Matters

The process for the preparation and implementation of Planning Proposals is governed by the provisions contained in the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000. The Planning Proposal was referred to the Ku-ring-gai Planning Panel for advice under the Local Planning Panels Direction – Planning Proposals- Ministers Direction EPA Act 1979.

Risk Implication statement

This is a Planning Proposal initiated by a private landowner. Council should determine its position on the matter and whether the Planning Proposal should be sent to the Department of Planning, Housing and Infrastructure for finalisation.

Council risks damage to its reputation if it does not undertake strategic land use planning in an effective and timely manner. Upon Council’s endorsement, a process of communication with the Parliamentary Counsel to draft the amendment, and with the Department of Planning, Housing and Infrastructure to make the legislated mapping changes will be undertaken.

The primary risk associated with the recommendation/s contained in this report is related to the Environment. There are no material risks that arise from the recommendations contained in this report. Minor issues may occur, but these can be managed within Council’s current policies, procedures, through the development assessment process.

Financial Considerations

The Planning Proposal was subject to the relevant application fee under Council’s 2024/2025 Schedule of Fees and Charges. The cost of the review and assessment of the Planning Proposal is covered by this fee.

Social Considerations

The amendments sought by the Planning Proposal would enable the delivery of one additional residential lot with one additional dwelling house to meet existing and future requirements of a growing and changing community.

Environmental Considerations

Remnant Sydney Turpentine Ironbark Forest (Critically Endangered Ecological Community) canopy trees are located along the northern and eastern boundaries of the site. The subject site is mapped as containing Biodiversity on the KLEP 2015 Biodiversity Map and mapped as Support for Core Biodiversity Lands and Biodiversity Corridor and Buffer on the KDCP Greenweb map.

It is considered that R2 Low Density Residential zoning is appropriate for the site, and any future development will be required to comply with the existing biodiversity protections of the KLEP, KDCP and CEEC. Future low density residential development should be manageable on the site, noting the main biodiversity assets are located towards the boundaries of the site.

Community Consultation

The Planning Proposal was exhibited between Friday 26 September and Monday 13 October 2025. A total of four (4) submissions were received and have been considered as part of this report.

Internal Consultation

The assessment of the Planning Proposal has involved consultation and assessment with Council’s Natural Areas Team Leader.

Summary

This report has considered the submissions received in response to the public exhibition of the Planning Proposal to rezone 77 Kulgoa Road, Pymble to be consistent with adjoining R2 Low Density Residential zoned land. All issues raised have been addressed in this report and its attachments. The submissions did not raise any issues that would require any further amendments to the Planning Proposal.

Based on this assessment, Council staff are of the opinion that the Planning Proposal has strategic and site specific merit for the proposed zoning and should adopted by Council in its current form.

Recommendation:

A. That Council adopt the Planning Proposal to rezone 77 Kulgoa Road, Pymble C4 Environmental Living to R2 Low Density Residential as described in this report.

B. That Council proceed to make the plan, using its delegated authority under section 3.36(2) of the Environmental Planning and Assessment Act 1979.

C. That delegation be given to the Director Strategy and Environment to correct any errors or inconsistencies in the Planning Proposal prior to finalisation.

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

Matthew James

Student Urban Planner

Craige Wyse

Team Leader Urban Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1⇩	Gateway Determination	2025/396070
	A2⇩	Planning Proposal (PP-2024-1994) 77 Kulgoa Rd Pymble	2025/396052
	A3⇩	Submission Summary Table - 77 Kulgoa Rd Pymble	2025/371654
	A4⇩	Proponent Response to Submissions 77 Kulgoa Rd Pymble	2025/373792

Ordinary Meeting of Council - 16 December 2025	GB.18 / 1

Item GB.18	S14827

Application to Seek the Minister's Consent to Grant a Licence over Community Land

EXECUTIVE SUMMARY

purpose of report:	To recommend an application for Minister’s consent be submitted to proceed with the granting of the licence to Fast Cities Australia Pty Limited (Evie Networks). The licence is for a public electric vehicle (EV) charger to be installed and operated at 9 Coonanbarra Road, Wahroonga.

background:	In October 2024, community consultation results indicated the majority of respondents (71%) were in support of the proposed Evie Networks EV charging infrastructure at Coonanbarra Road. Subsequently, at the 17 December 2024 OMC, Council resolved to progress the necessary approval assessments and negotiation of commercial terms required for the development of EV charging infrastructure at Coonanbarra Road and that, subject to assessment and negotiation of commercial terms, Council approves the development and installation of the proposed chargers at the premises. Following the public notification period for the licence, five (5) submissions were received including three (3) objections.

comments:	Matters raised in the submissions included concerns relating primarily to availability of parking at the location. Upon consideration of objections, the Local Government Act requires Council to apply for Ministerial approval if it wishes to progress with implementation the proposed licence.

recommendation: (Refer to the full Recommendation at the end of this report)	Council make an application to the Minister for Local Government seeking consent to grant the proposed licence as noted within this report.

Purpose of Report

Background

Evie Networks own and operate EV fast chargers across Australia.

In May 2024, the Minister for Energy and Climate Change announced $4.1 million of investment by the NSW Government, supported by an additional $8 million in private investment, to deliver charging infrastructure across the state. Evie Networks received funding for sites in Ku-ring-gai.

Community consultation (Attachment A1) was undertaken between 30 September 2024 and 27 October 2024 for five proposed EV charging sites by Evie Networks in Ku-ring-gai, including for Lord Street. The consultation received 161 online survey responses, 17 written submissions, 198 votes on an interactive map and in-person comments gathered through business visits. Four of the five sites exceeded 70% support (including Coonanbarra Road).

At the Ordinary Meeting of Council on 17 December 2024 Council resolved:

(Moved: Councillors Spencer/Ngai)

A. That Council progresses the necessary approval assessments and negotiation of commercial terms required for development of the site proposals at:

a. 9 Coonanbarra Road, Wahroonga;

b. 2-8 Turramurra Avenue and Gilroy Lane, Turramurra;

c. 1 Reading Avenue, East Killara; and

d. 2 Lord Street, Roseville.

and

B. Subject to assessment and negotiation of commercial terms, that Council approves the development and installation of the proposed chargers for the above sites.

In accordance with the requirements under Section 47 of the Local Government Act, Council is obliged to give 28 days public notification of its intention to grant a new licence. This notification was advertised for the licence to Evie Networks at 9 Coonanbarra Road, Wahroonga on Council’s website and by poster located at and near the premises on 30 September 2025.

Where the proposed licence term exceeds five years, and objections have been received, Council must refer the objections to the Minister for Local Government for resolution prior to granting the licence.

Comments

Five (5) submissions to the proposed licence renewal were received including three (3) objections. A summary of the submissions and the corresponding responses are as below:

SUBMISSION COMMENT	COUNCIL’S RESPONSE
Parking is at a premium in all local shopping areas. This car park in Wahroonga is a very busy place, often full so full that it is hard to find a parking place. Why are public parking spaces, which are at a premium particularly near stations and shops being locked up for 5 plus 5 years. Can you please advise the terms of this lease?	Community consultation undertaken in October 2024, showed a majority of respondents (71%) were in support for allocating parking bays for public EV charging at the carpark on Coonanbarra Road. Council considers traffic and parking impacts through community feedback and relevant studies where available. The terms of the licence are commercial in confidence that can be obtained via a formal request for information.
Just wanted to lend my support to the installation of EV chargers in Wahroonga shops car park as a Wahroonga resident.	Support noted.
We would only support this proposal if the first 2 hrs are to be offered free of charge. This could be an improvement for the local business community if shoppers knew there would only be a small charge if they stayed/ shopped longer than 2hrs (as opposed to the current hefty fine).	The submission was clarified in a follow-up call, during which the resident confirmed that they had misinterpreted the purpose of the licence. No objection was maintained.

Based on past traffic surveys for this carpark, it is estimated that peak utilisation is 90% between 10am – 2pm on weekdays. Notwithstanding this, the four spaces proposed to be converted to electric vehicle charging bays account for 2% of the total parking spaces (excluding accessible parking bays) – less than the proportion (5%) of electric vehicles in the Ku-ring-gai LGA.

integrated planning and reporting

Outcome 1: Our unique natural environment is protected and enhanced

Community Strategic Plan Strategy

Delivery Program

Term Achievement

Operational Plan

Action

E2: Support the community to transition to net zero emissions.

E2.1: Our community is effectively informed and engaged in activities that are reducing Ku-ring-gai’s emissions towards Net

Zero.

E2.1.1: Support the community in reaching net zero emissions by 2040 or earlier.

E2.1.2: Identify opportunities to support the uptake of low and zero emission vehicles

within the community.

Governance Matters

In accordance with the requirements under Section 47 of the Local Government Act, Council is obliged to give 28 days public notification of its intentions to grant a new lease or licence agreement. This was initiated on 30 September 2025.

If any objections are received during the notification process, Council is obliged under the Act to either uphold the objection or have it considered and addressed. As the proposed term is greater than 5 years, any objections will also have to be referred to the Minister for Local Government for consideration.

The Division of Local Government (DLG) requires Council to specifically consider this matter, which cannot be delegated:

· s. 47(4) of the LG Act which provides that “before granting the licence the council must consider all submissions”; and

· s. 377(1)(s) of the LG Act which prohibits the delegation of “the making of an application, or the giving of a notice, to the Governor or Minister”

Following Council’s consideration of these objections, approval will then be sought from the Minister for Local Government for consideration.

Risk Implication statement

Many risks associated with this licence have been managed through the evaluation process applied by the NSW Government’s Kerbside Charging program of which Evie Networks was a recipient of. Minimum requirements under the program include public liability insurance, capacity to deliver a high up-time service and maintenance.

Additionally, the internal policies and procedures currently in place are effective in managing these risks. Such procedures include community consultation, design and traffic review, environmental assessment, licence negotiations. After considering the adequacy of internal controls, the key risks identified are Within Appetite.

The Minister for Local Government may uphold the objections of the respondents and make a determination on whether the licence should proceed or make amendments to the proposed licence conditions.

Financial Considerations

Evie Networks will pay an annual licence fee to Council for each existing parking bay (4) occupied under the licence.

Social Considerations

Improved Equity in Transitioning to Low Emissions Transport

Providing public EV charging infrastructure is a key part of Council’s strategy to improve equity for those who cannot access at-home charging in rental, apartment, or terrace living. Public EV charging infrastructure will signal to the community that electrification of transport is realisable, encouraging further adoption of EVs.

Increase in Economic Activity

Locating EV chargers near retail services creates the opportunity for users of the chargers to access those services and provide economic benefits for local businesses. Fast chargers are paired with locations where the expected “dwell time” of a customer matches the charging time.

Social License

The Ku-ring-gai community has continuously showed high levels of engagement with electrification and actions pursuing Net Zero. Council has received lots of feedback that the community is eager to see the expansion of the EV Charging network in Ku-ring-gai. Council is viewed as a leader in the transition to net zero.

Environmental Considerations

These proposals align with Council’s objective for Ku-ring-gai to reach Net Zero Emissions by 2040 or earlier which forms part of Council’s commitment to environmental sustainability more broadly.

The environmental impacts of the development have been assessed through an Exempt Development Assessment (EDA) and were determined to meet the requirements for exempt development.

Community Consultation

Public notification relating to the proposed licence to Evie Networks commenced on 30 September 2025 until 31 October 2025 for a period of 31 days. This report is necessary as a result of submissions being received. No further consultation is required for the purposes of this report.

Community consultation (Attachment A1) was undertaken between 30 September 2024 and 27 October 2024 for five proposed EV charging sites by Evie Networks in Ku-ring-gai, including for Coonanbarra Road. The consultation received 161 online survey responses, 17 written submissions, 198 votes on an interactive map and in-person comments gathered through business visits. Four of the five sites exceeded 70% support (including Coonanbarra Road).

Internal Consultation

An internal staff working group for Public Electric Vehicle Charging Infrastructure has been consulted in the preparation of this report. The working group represents departmental stakeholders including Environment & Sustainability, Design, Property, Urban Planning, Traffic, Regulation, Procurement, and Community & Business Engagement, with the purpose of providing guidance on the implementation of Council’s Policy for Electric Vehicle Charging Infrastructure on Public Land.

Summary

In October 20224, community consultation results indicated the majority of respondents (71%) were in support for the proposed Evie Networks EV charging infrastructure at Coonanbarra Road.

At the Ordinary Meeting of Council on 17 December 2024 Council resolved that it progresses the necessary approval assessments and negotiation of commercial terms required for the development of EV charging infrastructure at Coonanbarra Road and that, subject to assessment and negotiation of commercial terms, Council approves the development and installation of the proposed chargers for the above sites.

A public notification of the proposed licence was released on 30 September 2025 for a 31-day period. Council received five (5) submissions from residents including three (3) objections. The objections have been considered by Council staff and it is considered to be in the public interest to proceed with the grant of the licence.

Any objections received must be referred to Council for consideration and referred to the Minister for Local Government for consent to proceed where the term of the licence exceeds five years. The submissions raised concerns relating primarily to alternative redevelopment of the site and reduced parking availability.

Recommendation:

A. That Council explains the results of the public notification process to the Minister for Local Government and makes application recommending that ministerial consent be granted for Council to conclude a licence with Fast Cities Australia Pty over the community land described as Lot 2 DP502616 and located at 9 Coonanbarra Road, Wahroonga to for a term of 5 + 5 years for the use and occupation of 4 carpark lots as electric vehicle charging stations and related activities under section 47 of the Local Government Act 1993.

B. That subject to ministerial consent being granted, Council delegates to the General Manager and/or his delegate authority to conclude the licence with Fast Cities Australia Pty as set out in this report and execute all documentation to bring Council’s resolution into effect.

Emily Jiang

Net Zero Program Officer

Peter Vun

Program Leader – Energy Management and Net Zero Strategy

Andrew Watson

Director Strategy & Environment

Attachments:	A1⇩	Engagement Summary - Public Electric Vehicle Chargers October 2024		2024/380054
	A2⇩	Submissions to Licence Notification		2025/386134

Ordinary Meeting of Council - 16 December 2025	PT.1 / 1

Item PT.1	S02211/2

Ordinary Meeting of Council - 16 December 2025	GB.1 / 1

Item GB.1	S14696

Attachments:	A1 ⇩	Environment Advisory Committee - 10 November 2025 - Meeting Minutes	2025/394514
	A2 ⇩	Response to Ku-ring-gai Environmental Advisory Committee feedback on Councils Urban Forest Action and Implementation Plan (UFAIP) 2023 update	2025/383004
	A3 ⇩	Urban Forest Action and Implementation Plan 2025	2025/392714

Ordinary Meeting of Council - 16 December 2025	GB.2 / 1

Item GB.2	CY00413/13

Ordinary Meeting of Council - 16 December 2025	GB.3 / 1

Item GB.3	S13683

Ordinary Meeting of Council - 16 December 2025	GB.4 / 1

Item GB.4	S04477

Ordinary Meeting of Council - 16 December 2025	GB.5 / 1

Item GB.5	S08447

Ordinary Meeting of Council - 16 December 2025	GB.6 / 1

Item GB.6	FY00623/8
	1 December 2025

Ordinary Meeting of Council - 16 December 2025	GB.7 / 1

Item GB.7	CY00473/12

Ordinary Meeting of Council - 16 December 2025	GB.9 / 1

Item GB.9	S02294/2

Ordinary Meeting of Council - 16 December 2025	GB.11 / 1

Item GB.11	CY00022/17

Hi purpose of report:	To determine the Ku-ring-gai Local Transport Forum (LTF) meeting dates for 2026.

background:	Meeting dates are scheduled to suit Council’s meeting cycle and time constraints for the preparation of Committee meeting minutes for Council’s agendas.

comments:	Determining meeting dates in advance assists both internal and external stakeholders. The proposed meeting dates for 2026 are: · 18 February 2026 (In-person) · 18 March 2026 (On-line) · 22 April 2026 (On-line) · 20 May 2026 (In-person) · 17 June 2026 (On-line) · 22 July 2026 (On-line) · 19 August 2026 (In-person) · 23 September 2026 (On-line) · 21 October 2026 (On-line) · 18 November 2026 (In-person)

recommendation:	That the Ku-ring-gai Local Transport Forum meetings for 2026 be scheduled monthly between February and November as per dates specified.

Ordinary Meeting of Council - 16 December 2025	GB.13 / 1

Item GB.13	RFT5-2025

Attachments:	A1	Attachment A1 - List of tenders received		Confidential
	A2	Attachment A2 - RFT5- 2025 Bushland Services Tender Evaluation Report		Confidential

Ordinary Meeting of Council - 16 December 2025	GB.14 / 1

Item GB.14	RFT10-2025/R

Attachments:	A1	RFT10-2025 List of Submitters		Confidential
	A2	RFT10-2025 Cricket Net Upgrade Turramurra Memorial Park - Tender Evaluation Report		Confidential

Ordinary Meeting of Council - 16 December 2025	GB.15 / 1

Item GB.15	RFT12-2025/R

Ordinary Meeting of Council - 16 December 2025	GB.16 / 1

Item GB.16	CY00473/12

Ordinary Meeting of Council - 16 December 2025	NM.1 / 1

Item NM.1	S12203

Ordinary Meeting of Council - 16 December 2025	NM.2 / 1

Item NM.2	S10467/2