Minute Ku-ring-gai Council Page
MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 20 February 2024
|
Present: |
The Mayor, Councillor S Ngai (Chairperson) Councillors J Pettett (Comenarra Ward) Councillors S Lennon & B Ward (Gordon Ward) Councillor A Taylor (Roseville Ward) Councillors C Kay & M Smith (St Ives Ward) Councillors C Spencer & K Wheatley (Wahroonga Ward)
|
|
Staff Present: |
Acting General Manager (David Marshall) Director Community (Janice Bevan) Acting Director Corporate (Angela Apostol) Director Development & Regulation (Michael Miocic) Acting Director Operations (Peter Lichaa) Director Strategy & Environment (Andrew Watson) Corporate Lawyer (Jamie Taylor) Manager Corporate Communications (Virginia Leafe) Manager Governance and Corporate Strategy (Christopher M Jones) Senior Governance Officer (Melinda Aitkenhead) |
|
|
|
|
Others Present: |
Manager People & Culture (Jenny Keato) Manager Urban & Heritage Planning (Antony Fabbro) Group Lead Major Projects (Geoffrey Douglas) |
The Meeting commenced at 7:00PM
The Mayor offered the Prayer
|
File: S11228 Vide: 1
|
|
|
|
The Mayor advised the meeting that Council had received a request from the Australian Broadcasting Commission (ABC) to record the meeting. The filming of proceedings of meetings requires prior authorisation of Council in accordance with clause 15.23 of the Code of Meeting Practice.
|
|
|
(Moved: Councillors Ngai/Lennon)
That Council agree to the ABC’s request to record the proceedings of the 20 February 2024 Ordinary Meeting of Council.
CARRIED UNANIMOUSLY |
|
|
PROCEDURAL MOTION:
Councillor Spencer sought the leave of the Mayor to recommit the resolution to correct any ambiguity or imprecision in the council’s resolution.
|
|
|
Resolved:
(Moved: The Mayor, Councillor Ngai)
That Council agree to the ABC’s request to record MM.3 and GB.18 of the 20 February 2024 Ordinary Meeting of Council.
|
|
File: S02194
Cr A Taylor advised of an apology from Cr G Taylor due to a work commitment.
|
|
|
|
(Moved: Councillors A. Taylor/Wheatley)
That the apology be accepted and leave of absence be granted.
CARRIED UNANIMOUSLY |
At 7.07pm Council adjourned to enable consideration of the remaining items on the December 2023 Council Meeting Agenda, namely NM.1, NM.2, NM.3, C.1 and C.2.
after a Motion
moved by Councillors Ngai and Wheatley
was CARRIED UNANIMOUSLY
The meeting resumed at 7.58pm
The Mayor referred to the necessity for Councillors and staff to declare a Pecuniary Interest/Conflict of Interest in any item on the Business Paper.
Cr Lennon declared a non-significant, non-pecuniary interest in GB.13 Ku-ring-gai Local Planning Panel – Community Member Recruitment as one of the applicants was known to him. Councillor Lennon advised he would leave the Chambers during debate on this item.
Cr Wheatley declared a non-significant, non-pecuniary interest in GB.13 Ku-ring-gai Local Planning Panel – Community Member Recruitment as one of the applicants was known to her. Councillor Wheatley advised he would leave the Chambers during debate on this item.
DOCUMENTS CIRCULATED TO COUNCILLORS
The Mayor referred to the documents circulated in the Councillors’ papers and advised that the following matters would be dealt with at the appropriate time during the meeting:
|
Late Items: |
MM.3 - Housing Policy Update by Mayor Ngai |
|
Memorandums: |
GB.13 Memo to Councillors, Acting General Manager, Directors from Director Development & Regulation dated 9 February 2024 Re: Ku-ring-gai Local Planning Panel (KLPP) – Community Member Recruitment to providing corrected confidential attachment containing applications for the Community Member roles for Ku-ring-gai Local Planning Panel.
GB.18 Memo to Councillors, Acting General Manager, Directors from Director Community dated 20 February 2024 providing the results of the community survey conducted in relation to the NSW Government Housing Policy Changes.
Revised Disclosures of Interest – Cr Kay and New Disclosure from Acting Finance Manager A Wang both items were tabled. |
|
Councillors Information: |
|
|
Late Confidential Items: |
C.1 - Lindfield Village Hub - Confidential Update - Report by Acting General Manager dated 30 January 2024 with attachments. |
|
Confidential Late Agenda Attachment: |
|
Councillor Smith and Councillor Wheatley separately departed from and returned to the Meeting during discussion on the following item:
Councillor Ward and Councillor Spencer separately departed from and returned to the Meeting during discussion on the following item:
|
File: S14427 Vide: MM.3
|
|
|
|
This Mayoral Minute follows MM1 and GB1 from the 5 February 2024 Extraordinary Meeting of Council to provide an update (for noting) on local activity regarding the State Labor Government’s proposed housing policy.
Although councillors had met with the Department of Planning on 24 January to discuss the Transport Oriented Development (‘TOD’) SEPP, we have yet to receive written answers to the questions that we had raised. Particular questions include:
1. Further information on the underlying assumptions and modelling about why Roseville, Lindfield, Killara and Gordon were selected while other train stations closer to the city were not. This information is said to be cabinet-in-confidence. 2. Housing targets for each TOD centre. 3. Further information on how it is possible to build 6-7 storeys (or 8-9 storeys with affordable housing) while respecting the fabric of a Heritage Conservation Area.
As per point E of the 5 February 2024 GB1 resolution, letters were written to each NSROC council stating Ku-ring-gai’s position on the housing policies. NSROC met on 15 February where it decided to advocate for a deferral on the Low and Mid-Rise Housing SEPP as well as the TOD SEPP so that councils can undertake strategic planning, upzone areas themselves, and demonstrate how they will meet the housing targets within an agreed timeframe.
As per point F of the 5 February 2024 GB1 resolution, letters were written to each Sydney metro council, urging them to carefully assess the implications of the housing policies and seek change if considered appropriate.
A housing survey conducted by the council had over 5,300 responses. Approximately three quarters of survey respondents were against the housing policies in their current form, with just over a fifth in support and the remainder undecided. I had expected that if we filter for apartment residents, or filter for the younger demographic, it would produce a very different outcome but the 75%/22%/3% split remained approximately the same for these sub-groups. The survey indicates that there are strong concerns in the community for increased density to be appropriately supported by the delivery of infrastructure and amenities.
A meeting originally scheduled on 15 February with Paul Scully MP (Minister for Planning) had been deferred by his office to 29 February.
Last week, the Premier publicly stated that he is willing to meet with Mayors to talk about housing. In response, a letter has been issued to request a meeting, ask for a deferral of the SEPPs, and seek a constructive way forward (refer to Attachment 1).
Council staff continue to implement all other points stated in the 5 February 2024 GB1 resolution.
|
|
|
(Moved: The Mayor, Councillor Ngai)
That Council notes and receives this Mayoral Minute.
CARRIED UNANIMOUSLY |
PETITIONS
Nil.
NOMINATION OF ITEMS FOR SITE INSPECTION:
Nil.
|
RFT1-2023 - Stormwater Pollution Device Maintenance
File: RFT1-2023/R Vide: GB.15
|
|
|
|
To consider the tenders received for RFT1-2023 Stormwater Pollution Device Maintenance and to appoint the preferred tenderer.
|
|
|
(Moved: Councillors Kay/Lennon)
That:
A. Council accepts the tender submission from Tenderer ‘A’ to carry out the Stormwater Pollution Device Maintenance
B. The Mayor and General Manager be delegated authority to execute all tender documents on Council’s behalf in relation to the contract.
C. The Seal of Council be affixed to all necessary documents.
D. All tenderers be advised of Council’s decision in accordance with Clause 178 of the Local Government Tendering Regulation.
CARRIED UNANIMOUSLY |
|
Release and Acquisition of Council Easement at St Ives
File: CY00470/11 Vide: GB.19
|
|
|
|
To consider a request to relocate Council’s stormwater/ drainage infrastructure and to extinguish/release an existing Council easement that traverses 1 Dobell Place St Ives (Lot 9 DP 259441) and part of the adjoining property at 8 Warrabina Avenue St Ives (Lot 5 DP 259441).
|
|
|
(Moved: Councillors Kay/Lennon)
A. That Council resolves that the General Manager or his
delegate be authorised to negotiate Council’s requirements including
the payment of fair commercial consideration for the release of the existing
easement at 1 Dobell Place St Ives (Lot 9 DP
259441) and part of the adjoining property at 8 Warrabina Avenue St Ives (Lot
5 DP 259441). The
amount of commercial consideration is to be the amount assessed by
independent valuation or $20,000 plus GST as per Council’s Fees and
Charges, whichever is the greater. B. That subject to the General Manager or his delegate completing negotiations on the basis set
out in this report that Council grants approval for the
release/extinguishment of the existing easement. C. That Council approves of the acquisition
of a new easement being created in favour of Council either by way of
modification of the existing easement or a new section 88B Instrument over
the freehold properties depicted in Attachment A1, subject to survey and
Council approval. The easement to be acquired will be at no cost to Council. D. That Council authorises the General
Manager and or his delegate to execute all documentation to facilitate the
release of the easement and the creation of a new easement in Council’s
favour as reflected in Council’s resolution. E. That all costs associated with the release of the existing easement and the creation of a new easement in favour of Council, including legal and survey costs and all costs associated with the new drainage works be borne by the Applicant.
CARRIED UNANIMOUSLY |
|
Lindfield Village Hub - Confidential Update
File: S12165-4-6 Vide: C.1
|
|
|
|
In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2021, in the opinion of the General Manager, the following business is of a kind as referred to in sections 10A(2)(c), 10A(2)(d)(i), 10A(2)(d)(ii) & 10A(2)(g), of the Act, and should be dealt with in a part of the meeting closed to the public.
Section 10A(2)(c) of the Act permits the meeting to be closed to the public in respect of information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
The matter is classified confidential because it deals with the proposed acquisition and/or disposal of property.
It is not in the public interest to release this information as it would prejudice Council’s ability to acquire and/or dispose of the property on appropriate terms and conditions. Section 10A(2)(d) of the Act permits the meeting to be closed to the public for business relating to commercial information of a confidential nature that would, if disclosed:
(i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of Council, or (iii) reveal a trade secret.
This matter is classified confidential under section 10A(2)(d)(i) because it deals with tenders. Tender details, should they be revealed, may result in commercial disadvantage to parties involved in the tender process. Some information provided to Council by tenderers is provided on the basis that Council will treat it as commercial in confidence.
It is not in the public interest to reveal details of these tenders or the assessment process. Tenderers have provided sensitive information about their operations in the confidence that their details will not be made public by Council. The practice of publication of sensitive information provided by tenderers could result in the withholding of such information by tenderers and reduction in the provision of information relevant to Council’s decision.
Section 10A(2)(d) of the Act permits the meeting to be closed to the public for business relating to commercial information of a confidential nature that would, if disclosed:
(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.
Section 10A(2)(g) of the Act permits the meeting to be closed to the public for business relating to advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.
This matter is classified confidential under section 10A(2)(g) because it contains advice concerning a legal matter that:
(a) is a substantial issue relating to a matter in which the Council is involved (b) is clearly identified in the advice, and (c) is fully discussed in that advice.
It is not in the public interest to release details of the legal advice as it would prejudice Council’s position in court proceedings.
Report by Acting General Manager dated 30 January 2024
|
|
|
(Moved: Councillors Kay/Lennon)
That the confidential Action Plan continue to be implemented as outlined in the body of this report, and that a further report be brought back to Council.
CARRIED UNANIMOUSLY |
After having declared an interest on Item GB.13, Councillors Lennon and Wheatley withdrew from the Chambers during discussion and did not vote on the matter.
|
Ku-ring-gai Local Planning Panel - Community Member Recruitment
File: S11736-3 Vide: GB.13
|
|
|
|
To consider the expressions of interest (EOI) received and to appoint Community Members to the Ku-ring-gai Local Planning Panel (KLPP).
|
|
|
Motion:
(Moved: Councillors Spencer/Kay)
That Council:
A. Affirms the recommendations of the Acting General Manager’s Selection Panel and appoints Community Members (Applicants 1, 2, 3, 11 and 12 referred to in the Memorandum to Councillors from the Director Development and Regulation dated 9 February 2024) to the Ku-ring-gai Local Planning Panel for a term of up to 3 years from 1 March 2024 B. Reappoints the remaining Community Member (Applicant 4) for a period of up to 3 years from 1 March 2024. C. Notifies the Minister for Planning and Public Spaces and all the applicants of its decision. |
|
|
(Moved: Councillors Spencer/Kay)
A. Affirms the recommendations of the Acting General Manager’s Selection Panel and appoints Community Members (Applicants 1, 2, 3, 11 and 12 referred to in the Memorandum to Councillors from the Director Development and Regulation dated 9 February 2024) to the Ku-ring-gai Local Planning Panel for a term of up to 3 years from 1 March 2024 B. Reappoints the remaining Community Member (Applicant 4) for a period of up to 3 years from 1 March 2024. C. Notifies the Minister for Planning and Public Spaces and all the applicants of its decision.
CARRIED UNANIMOUSLY |
After debate on the above matter concluded, Councillors Lennon and Kay returned to the Meeting.
|
Transport Oriented Development Program and Low and Mid-Rise Housing Provisions
File: S12198 Vide: GB.18
|
|
|
|
The purpose of this report is to put draft submissions on the State Government’s Transport Oriented Development (TOD) Program and proposed Low and Mid-Rise Housing SEPP provisions to Council for consideration.
|
|
|
Motion:
(Moved: Councillors Smith/Wheatley)
A. Due to the multiple issues cited and the highly destructive outcomes that would result from the proposal, Council does not support the EIE- low mid-rise housing proposal, nor the TOD proposal. B. That Council resolve to forward submissions on the TOD Program and the Low and Mid-Rise Housing SEPP provisions at Attachments A1 and A2 to this report respectively to the DPHI, noting that the TOD submission is unchanged from that version was been forwarded to the DPHI as a draft on 31 January 2024. C. In addition, Council resolve to forward the specialist reports at Attachments A5-A8 (inclusive) to this report to the DPHI to be considered as part of Council’s formal submissions to both SEPP initiatives. D. That Council request the NSW Government to work in collaboration with local councils as per the intention of the National Housing Accord to deliver additional housing in line with strategic planning processes under the NSW Environmental Planning and Assessment Act 1979. E. That Council communicate to the NSW Government its willingness to provide for additional housing through a consultative planning process that delivers high quality urban outcomes and respects the built and natural environment. F. That the Acting General Manager be authorised to make minor changes to the submissions on the TOD Program and the Low and Mid-Rise Housing SEPP provisions where they are of a minor or editorial nature and otherwise progress the interests of Council consistent within this matter. |
|
|
(Moved: Councillors Smith/Wheatley)
A. Due to the multiple issues cited and the highly destructive outcomes that would result from the proposal, Council does not support the EIE- low mid-rise housing proposal, nor the TOD proposal. B. That Council resolve to forward submissions on the TOD Program and the Low and Mid-Rise Housing SEPP provisions at Attachments A1 and A2 to this report respectively to the DPHI, noting that the TOD submission is unchanged from that version was been forwarded to the DPHI as a draft on 31 January 2024. C. In addition, Council resolve to forward the specialist reports at Attachments A5-A8 (inclusive) to this report to the DPHI to be considered as part of Council’s formal submissions to both SEPP initiatives. D. That Council request the NSW Government to work in collaboration with local councils as per the intention of the National Housing Accord to deliver additional housing in line with strategic planning processes under the NSW Environmental Planning and Assessment Act 1979. E. That Council communicate to the NSW Government its willingness to provide for additional housing through a consultative planning process that delivers high quality urban outcomes and respects the built and natural environment. F. That the Acting General Manager be authorised to make minor changes to the submissions on the TOD Program and the Low and Mid-Rise Housing SEPP provisions where they are of a minor or editorial nature and otherwise progress the interests of Council consistent within this matter.
CARRIED UNANIMOUSLY
|
|
|
Councillor Spencer declared a non-pecuniary / non-significant interest in the Motion below and withdrew from the Chambers during discussion and did not vote on the matter.
|
|
34 |
Motion:
Background: In the 2021 Census, 8% of homes in Sydney were unoccupied and in Ku-ring-gai, 7% or 3,165 homes were unoccupied. Unoccupied homes have a significant effect on housing affordability. The City of Vancouver introduced an Empty Homes Tax in 2017 to address this issue. The Empty Homes Tax in Vancouver has had the following impacts: · From 2017 to 2022 the number of vacant properties decreased by 54% · $142.0 million of revenues from the tax was allocated to support affordable housing initiatives over the same period The NSW Government should follow the lead of the City of Vancouver and explore the introduction of an Empty Homes Tax.
|
|
|
(Moved: Councillors Smith/Wheatley)
That Council request the relevant NSW Government Minister explore the introduction of an Empty Homes Tax and any other options to address housing affordability.
CARRIED UNANIMOUSLY |
After debate on the above matter concluded, Councillor Spencer returned to the Meeting.
Motions of which due Notice has been given
Councillor Ward declared an interest in the item below and withdrew from the Chambers during discussion and did not vote on the matter.
|
File: FY00275/16 Vide: NM.1
|
|
|
|
Notice of Motion from Councillor A. Taylor dated 2 February 2024 The NSW Council of Social Services (NCOSS) 2023 Cost Of Living Survey showed that households in Sydney are experiencing a cost of living crisis in increasing numbers. Almost two-thirds (62%) of survey participants said they had gone without essentials or could not afford to pay for essentials in the past year, up from 58% in 2022. Sharp increases in the cost of food, essential hygiene items, medications, utility prices, rents and mortgage repayments are a significant challenge to household budgets. The NCOSS survey found “Rising interest rates and rents are hitting hard. Just under one-fifth (19%) of all respondents reported having failed to make rent or mortgage repayments. This is an increase of 4 percentage points since 2022, representing a 27% year-on-year increase.”
The need for community relief support in the Northern Sydney Area has increased. Catholic Care based in Waitara had to “close their books” at Christmas due to the level of demand. Lifeline Harbour to Hawkesbury reports a sharp increase in emergency relief provision of approximately 30% in 2023 and a significant increase in families experiencing mortgage stress, with many spending 40-50 per cent of their total income on mortgage/rent payments. Many of the parents seeking assistance from Lifeline are in their early 40’s with young children, and are presenting for the first time. Additionally, 50-60% of the individuals requesting assistance have also had a recent mental health diagnosis attributable to financial stress. All services state that the number of families in financial stress is an underestimation as people are reluctant to seek help and identify themselves as needing assistance.
Council could initiate a one-off Community Relief Fund targeting vulnerable families and individuals to alleviate some of the short-term cost of living pressures experienced by our community. This could be achieved by adding a temporary priority area to the Ku-ring-gai Community Grants Program, for Families and Individuals Experiencing Financial Hardship In 2024, with an additional financial allocation of $50,000. Organisations already providing emergency relief in this area e.g. Catholic Care, Mission Australia, Salvation Army and Lifeline would be invited/eligible to apply for the grant funding. These organisations have the expertise required to assess eligible families and individuals, and distribute those funds to Ku-ring-gai residents. These organisations already have in place robust accountability structures crucial to ensure transparency, efficiency and ethical use of funds. These structures also include clear policy frameworks, legal and regulatory compliance, transparent application process, financial controls, performance monitoring and evaluation mechanisms.
Adding a one-off, short-term financial hardship component to the existing Ku-ring-gai Community Grants Program would demonstrate a commitment to the well-being and social cohesion of our community. It could also stimulate economic activity within the community with positive cascading effects, benefiting local businesses and creating a more robust local economy.
I, therefore, move that Council:
A. Create a temporary priority funding area of Families and Individuals Experiencing Financial Hardship in 2024 within the existing Ku-ring-gai Community Grants Program. B. Allocate an additional $50,000 to the Ku-ring-gai Community Grants Program for the new priority funding area. C. Invite eligible organisations already providing emergency relief in this area e.g. Catholic Care, Mission Australia, Salvation Army and Lifeline, to apply for funding D. Highlight that this is a one-off increase to address the short-term issue in the current year, and only Ku-ring-gai families and individuals experiencing financial hardship are eligible to receive assistance.
|
|
|
Motion:
(Moved: Councillors A.Taylor/Pettett)
A. Create a temporary priority funding area of Families and Individuals Experiencing Financial Hardship in 2024 within the existing Ku-ring-gai Community Grants Program. B. Allocate an additional $50,000 to the Ku-ring-gai Community Grants Program for the new priority funding area. C. Invite eligible organisations already providing emergency relief in this area e.g. Catholic Care, Mission Australia, Salvation Army and Lifeline, to apply for funding D. Highlight that this is a one-off increase to address the short-term issue in the current year, and only Ku-ring-gai families and individuals experiencing financial hardship are eligible to receive assistance. AMENDMENT:
(Moved: Councillors Pettett/Kay)
A. Create a temporary priority funding area of Families and Individuals Experiencing Financial Hardship in 2024 within the existing Ku-ring-gai Community Grants Program. B. Allocate an additional $150,000 to the Ku-ring-gai Community Grants Program for the new priority funding area. C. Invite eligible organisations already providing emergency relief in this area e.g. Catholic Care, Mission Australia, Salvation Army and Lifeline, to apply for funding
D. Highlight that this is a one-off increase to address the short-term issue in the current year, and only Ku-ring-gai families and individuals experiencing financial hardship are eligible to receive assistance.
The Amendment was put and declared CARRIED UNANIMOUSLY.
The Amendment became the Motion. The Motion was put and declared CARRIED UNANIMOUSLY.
|
|
|
(Moved: Councillors Pettett/Kay)
A. Create a temporary priority funding area of Families and Individuals Experiencing Financial Hardship in 2024 within the existing Ku-ring-gai Community Grants Program. B. Allocate an additional $150,000 to the Ku-ring-gai Community Grants Program for the new priority funding area. C. Invite eligible organisations already providing emergency relief in this area e.g. Catholic Care, Mission Australia, Salvation Army and Lifeline, to apply for funding D. Highlight that this is a one-off increase to address the short-term issue in the current year, and only Ku-ring-gai families and individuals experiencing financial hardship are eligible to receive assistance.
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 Minutes of the Ordinary Meeting of Council held on 20 February 2024 (Pages 1 - 31) were confirmed as a full and accurate record of proceedings on 19 March 2024.
__________________________ __________________________
General Manager Mayor / Chairperson